Centre for Internet and Society

Google's Optical Character Recognition Software Now Works with All South Asian Languages

subha — 2015-09-26T14:31:15Z

The Optical Character Recognition (OCR) software by Google now works for more than 248 world languages, including all the major South Asian languages, and it's easy to use and works with over 90 percent accuracy for most languages.

This was published by Global Voices on August 29, 2015.

OCR software has been extremely beneficial for the study of language, helping to extract text from images of virtually any printed text—and sometimes even handwriting, which opens the door to old texts, manuscripts, and more.

Ketan Pratap at NDTV Gadgets writes:

Users can start using the OCR capabilities in Drive by uploading scanned document in PDF or image form after which they can right-click on the document in Drive to open with Google Docs. After choosing the option, a document with the original image alongside extracted text opens, which can be edited. Google notes that users will not be required to specify the language of the document as the OCR in Drive will automatically determine it. The OCR capability in Google Drive is also available in Drive for Android.

On Twitter, many users have welcomed and even celebrated this new feature from Google:

Optical Character Recognition #OCR in Google Drive recongnizes many indic languages including #Kannada give it a try http://t.co/99UkCJQ6gb

— Omshivaprakash (@omshivaprakash) August 28, 2015

@shylobisnett if you have access to a scanner, you can do OCR through google drive. works a bit faster.

— Whet Moser (@whet) August 27, 2015

Wow. Searching Google Drive for a keyword also returns results for images containing that keyword in the image. Didn't realise it did OCR.

— Mark Osborne (@mosborne01) August 25, 2015

Typically OCR software has difficulty reading the text on old documents or pages with blemishes and ink marks, spitting out gibberish instead of legible text.

Google's support page on this project shares additional details about character formatting, like its ability to preserve bold and italicized fonts in the output text:

When processing your document, we attempt to preserve basic text formatting such as bold and italic text, font size and type, and line breaks. However, detecting these elements is difficult and we may not always succeed. Other text formatting and structuring elements such as bulleted and numbered lists, tables, text columns, and footnotes or endnotes are likely to get lost.

For some of the languages, like Malayalam and Tamil, the OCR works with almost 100 percent accuracy, and includes support for formatting things like like auto-cropping, separating text by discarding images, and ignoring color backgrounds, explains Tamil user and Wikimedian Ravishankar Ayyakkannu on Facebook:

[…] Google Tamil OCR works with 100% accuracy ! Keep testing with various samples and comment here. Performance has been the same for many other Indic languages too. […] Auto crops, discards images and colored background. Recognizes different layouts. I could find only 1 mistake in whole page. Testing latest Vikatan – https://docs.google.com/…/1OXre4…/edit.. […]

(Bangla, Malayalam, Kannada, Odia, Tamil, and Telugu-language users have commented in the same post with feedback after testing the updated OCR software. For a few scripts, like Gurmukhi (used to write Punjabi), it turns out that the output after OCR is quite poor, resulting largely in gibberish, when testing a screenshot image from Punjabi Wikipedia.)


Issues with Gurmukhi script after OCR using Google's OCR. Screenshot from Punjabi Wikipedia.

This is quite a large leap for the languages with lots of old texts that are not yet digitized. Old and valuable texts in many languages could now be digitized and shared over the internet using platforms like Wikisource and could be preserved and made available for sharing knowledge.

Google's OCR partly uses Tesseract—an OCR engine released as freeware. Developed as a community project between 1995 and 2006 (and later taken over by Google), Tesseract is considered to be one of the world's most accurate OCR engines and works for over 60 languages. The source code is now hosted at https://github.com/tesseract-ocr. Check this link for the OCR outputs in various South Asian scripts.

For more details visit https://cis-india.org/a2k/blogs/googles-optical-character-recognition-software-now-works-with-all-south-asian-languages

Open Governance and Privacy in a Post-Snowden World : Webinar

vanya — 2015-10-04T11:09:12Z

On 10th September 2015, the OGP Support Unit, the Open Government Guide, and the World Bank held a webinar on “Open Governance and Privacy in a Post-Snowden World” presented by Carly Nyst, Independent consultant and former Legal Director of Privacy International and Javier Ruiz, Policy Director of Open Rights Group. This is a summary of the key issues that were discussed by the speakers and the participants.

See Open Governance and Privacy in a Post-Snowden World

Summary

The webinar discussed how Government surveillance has become an important and key issue in the 21^st century, thanks to Edward Snowden. The main concern raised was with respect to what a democracy should look like in the present day. Should the states’ use of technology enable state surveillance or an open government? Typically, there is a balance that must be achieved between the privacy of an individual and the security of the state – particularly as the former is primarily about social rights and collective interest of citizens.

At the international level, the right to privacy has been recognized as a basic human right and an enabler of other individual freedoms. This right encapsulates protection of personal data where citizens have the authority to choose whether to share or reveal their personal data or not. Due to technological advancement that has enabled collection, storage and sharing of personal data, the right to privacy and data protection frameworks have become of utmost importance and relevance with regard to open government efforts. Therefore, it is important for Governments to be transparent in handling sensitive data that they collect and use.

Many countries have also introduced laws to balance the right to privacy and right to information. The role of the private sector and NGOs involved in enabling an open and transparent government must also be duly addressed at a national level.

Key Questions:

Why should the government release information?

There are multiple reasons for doing so including:

For the purposes of research and public policy (which relates to healthcare, social issues, economics, national statistics, census, etc.)

Transparency and accountability (politicians, registers, public expenses, subsidies, fraud, court records, education)

Public participation and public services (budgets, anti-corruption, engagement, and e-governance).

However, all these have certain risks and privacy implications:

Risk of identification of individual: Any individual whose information is released has the risk of identification, followed by issues like identity theft, discrimination, stigmatization or repression. Normally, the solution for this would be anonymization of the data; however, this is not an absolute solution. Privacy laws can generally cope with such risks, but with pseudonymous data it becomes difficult in preventing identification.
Profiling of social categories which can lead to discrimination: In such a situation, policies and other legislations regulating the use of data and providing remedy for violations can help.
Exploitation and unfair/unethical use of information: When understanding the potential exploitation of information it is useful to consider who is going to benefit from the release of information. For example, in UK, with respect to release of Health Data, the main concern is that people and companies will benefit commercially from the information released, despite of the result potentially being improved drugs and treatment.

What are the Solutions?

The webinar also discussed potential solutions to the questions and challenges posed. For example, when commitments of Open Government Data Partnership are considered, privacy legislations must also be proposed. Further, key stakeholders must make commitments to take pro-active measures to reduce informational asymmetries between the state and citizens. To reduce the risks, measures must be taken to publish what information the State has or what the Government knows about the citizens. For example, in UK, within the civil society network, it is being duly considered in the national plan that the government will publicize how it will share data and have a centralized view on the process of information handling and usage of the data.

The Open Government Guide provides for Illustrative Commitments like enactment of data protection legislation, establishing programmes for awareness and assessment of their impact, giving citizens control of their personal information and the right to redress when that information is misused, etc.

Surveillance

The issue of surveillance and the role of privacy in an open government context was also discussed. The need for creating a balance between the legitimate interest of national security and the privacy of individuals was emphasized. With the rise of digital technologies, many governmental measures pertaining to surveillance intervene in individual privacy. There are many forms of surveillance and this has serious privacy implications, especially in developing countries. For example:

Communications surveillance
Visual surveillance
Travel surveillance

This raises the question: When is surveillance legitimate and when must it be allowed?

The International Principles on the Application of Human Rights to Communications Surveillance acts as a soft law and tries to set out what a good surveillance system looks like by ensuring that governments are in compliance with international human rights law.

In essence surveillance does not violate privacy, however, there must be a clear and foreseeable legal framework laying circumstances when the government has the power to collect data and when individuals might be able to foresee when they might be under surveillance.

Also, a competent judicial authority must be established to oversee surveillance and keep a check on executive power by placing restrictions on privacy invasions. The actions of the government must be proportionate and the benefits must not outweigh harm caused by surveillance.

Role of openness in a “mass surveillance” state

Surveillance measures that are being undertaken by governments are increasingly secretive. The European court of Human Rights has held that Secret surveillance may undermine democracy under the cloak of protecting it. Hence, open government and openness will work towards protecting privacy and not undermining it.

To balance the measure of government surveillance with privacy, there is a need to publish laws regulating such powers; publish transparency reports about surveillance, interception and access to communications data; reform legislations relating to surveillance by state agencies to ensure it complies with human rights and establish safeguards to ensure that new technologies used for surveillance and interception respect the right to privacy.

Conclusion

The conclusion one can draw is that Privacy concerns have gained importance in today’s data driven world. The main question that needs to be answered is whether Government’s should adopt surveillance measures or adopt an Open Government?

Considering equal importance of national security and privacy of individuals, it is required that a balance must be crafted between the two. This could be possibly done by enacting foreseeable and clear laws outlining scope of surveillance by the Government on one hand, and informing citizens about such measures on the other. Establishment of a competent judicial authority to keep a check on Government actions is also suggested to work out the delicate balance between surveillance and privacy.

For more details visit https://cis-india.org/internet-governance/blog/open-governance-and-privacy-in-a-post-snowden-world-webinar

OCR and OER – update

subha — 2016-06-18T17:09:22Z

We welcome this short posting from Subhashish Panigrahi which updates a 2014 posting of his on Indic Language Wikipedias as Open Educational Resources at http://education.okfn.org/indic-language-wikipedias-as-open-educational-resources/

To read the blog post published by Open Education Working Group, see here.

Subhashish Panigrahi (@subhapa) is an educator, author, blogger, Wikimedian, language activist and free knowledge evangelist based in Bengaluru (often called Bangalore), India. After working for a while at the Wikimedia Foundation’s India Program he is currently at the Centre for Internet and Society‘s Access To Knowledge program. He works primarily in building partnership with universities, language research and GLAM (Gallery, Library, Archive and Museums) organizations for bringing more scholarly and encyclopedic content under free licenses, designs outreach programs for South Asian language Wikipedia/Wikimedia projects and communities. He wears many other hats: Editor for Global Voices Odia, Community Moderator of Opensource.com, and Ambassador for India in OpenGLAM Local. Subhashish is the author of a piece “Rising Voices: Indigenous language Digital Activism” in the book Digital Activism in Asia Reader.

Google’s OCR and its use by Wikimedians in South Asia

Some time back on the OCR project support network, Google had announced that the Google drive could be used for Optical Character Recognition (OCR). The software now works for over 248 world languages (including all the major South Asian languages). Though the exact pattern of development of the software is not clear, some of the Wikimedians reported that there is improvement over time in the recognition of their native languages Malayalam and Tamil. The recent encounter has been with a simple, easy to to use and robust software that can detect most languages with over 90% accuracy.

The OCR technology extracts text from images, scans of printed text, and even handwriting to some extent, which means that the text can be extracted pretty much from any old book, manuscript, or image. This certainly brings hope to most Indian languages as there is a lot to digitize. Most of the major Indian languages have plenty of non-digitized literature and the existing OCR systems are not as good as Google when so many languages are concerned as a whole.

Google’s OCR engine is probably using aspects of Tesseract, an OCR engine released as free software, or OCRopus, a free document analysis and optical character recognition (OCR) system that is primarily used in Google Books. Developed as a community project during 1995-2006 and later taken over by Google, Tesseract is considered one of the most accurate OCR engines and works for over 60 languages. The source code is available on GitHub.

The OCR project support page offers additional details on preserving character formatting for things like bold and italics after OCR in the output text.

When processing your document, we attempt to preserve basic text formatting such as bold and italic text, font size and type, and line breaks. However, detecting these elements is difficult and we may not always succeed. Other text formatting and structuring elements such as bulleted and numbered lists, tables, text columns, and footnotes or endnotes are likely to get lost.

The user-end interaction of the OCR software currently is rather simple. The user has to upload an image of the scan in any image format (.jpg, .png, .gif, etc.) or PDF to the Google Drive. Upon completion of the uploading, opening the file in Google Drive shows both the image and the converted text in the same document.

One of the most popular free and open digitization platforms, Wikisource currently hosts hundreds or thousands of free books which are either out of copyright or under Creative Commons licenses (CC-by or CC-by-SA) allowing users to digitize.

While OCR works quite well for Latin based languages, many other scripts do not get OCRed perfectly. So, the Wikisourcers (Wikisource contributors) often have to type the text.

Thus the new Google OCR might be useful both for the Wikisource community and many others who are in the mission of digitizing old text and archiving them.

The image below shows a screen from a tutorial to convert text in the Odia language from a scanned image using Google’s OCR.

For more details visit https://cis-india.org/a2k/blogs/education-okfn-subhashish-panigrahi-september-25-2015-ocr-and-oer-update

Software Freedom Pledge

pranesh — 2015-09-25T12:26:09Z

On September 19, 2015, celebrated globally as Software Freedom Day, a number of enthusiasts got together and collectively took a pledge.

We, who have gathered together for Software Freedom Day 2015, believe that software freedom is both a matter of ethical principle as well as a matter of pragmatism, and is necessary for a democratic, open society.

We believe that it is desirable that all people, but especially governments, use, contribute to, and spread open standards, free/libre/open source software, open APIs, openly-licensed content (including open data, open access, and open education resources), leading to a vibrant public domain, and ensure that all of the above are accessible for all, including persons with disabilities and other marginalised sections of society.

Given that, we pledge to:

use and spread free software amongst our family, friends, and neighbours, both in person and virtually.
demand that services we use in turn use open standards and open APIs, and thus be available for all using free/libre/open source software, without the payment of any royalties.
raise the issue of software freedom with our democratic representatives, to seek that they in turn respect and promote these principles.
as far as possible, making our own work openly available, and seek to convince our employers, publishers, producers, and other persons who might be in a position to restrict
work against any laws, policies — corporate or governmental — or technical restrictions that seek to prevent people from full exercise of their rights, and which are contrary to the above principles.

Signed by:

Abhaya Agarwal
Ananth Subray
Asutosha Sarangi
Chirag Sarthi J
Prakash Hebballi
Pranesh Prakash
Ralph Andrade
Subhashish Panigrahi
Tito Dutta
Veethika Mishra

For more details visit https://cis-india.org/openness/software-freedom-pledge-2015

Open sesame

praskrishna — 2015-09-25T01:31:49Z

The government’s email is shockingly vulnerable.

The article was published in the Hindu on September 22, 2015. CIS research on private email accounts is mentioned.

As the Centre moves towards smart cities and a Digital India, some critics have cited the country’s increased vulnerability to cyber attacks. To be sure, cyber threat groups could disrupt our infrastructure by taking control of many systems. Such attacks could be quite damaging. Yes, they are rare today, but are much more likely to arise in conjunction with traditional armed conflicts. Cyber criminal groups target Indian organisations on a daily basis.

Almost two years ago, the IT minister’s office triggered national outrage when it used a public email service for official communication. There was much hand-wringing about security practices in a ministry responsible for setting the technology direction (secure email policy) for the country. Then in December 2013, the Centre for Internet and Society revealed that up to 90 per cent of Indian government officials used private email accounts for professional purposes.

A big deal

Between then and now, we’ve read about a new email policy and revelations of several cyber attacks on government officials. And FireEye revealed a decade-long cyber espionage operation by a group we call ‘APT30’, which is likely to be sponsored by China. How did they break in? By sending targeted ‘spear-phish’ emails with malware attached.

Email doesn’t sound like a big deal. Most of us have been using it for over a decade, and think we know how to use it right. But when you’re in a position of authority with access to sensitive information, you shouldn’t leave it to chance.

Today, state-sponsored attackers craft these spear-phishing emails after considerable research. APT30 carefully researched their targets and crafted mails which would appear extremely relevant, with interesting content. The moment a victim would open an attachment, an exploit would secretly install a backdoor. Through that backdoor, groups can compromise the employee’s entire network and extricate sensitive data. Groups bent on destruction can deploy malware to destroy the data. They could also take control of systems managing infrastructure or industrial processes and create havoc.

Spear-phishing has an open rate of 70 per cent, while regular mass emails had an open rate of just 3 per cent. Email is the front- door for today’s threat groups. That’s why governments around the world are improving the security of their email systems to fend off these spear-phishing threats.

Public concerns

When government employees use webmail for official business, they trade away their security for convenience. The emails they receive are no longer screened by cyber security solutions, which detect advanced targeted email attacks before they reach the inbox. In addition, because people typically retrieve their webmail in a browser, attackers have a larger attack surface to exploit when carrying out their attacks. For example, attackers can coax victims to click on a link to a website, which delivers an exploit via Adobe Flash.

Webmail opens the door to threats that would otherwise have been intercepted. When our government employees use webmail for official business, they leave the front door wide open to threats. One of the best steps we can take towards improving our government’s cyber security defences is abandoning public email services.

The writer is a software architect at the cyber security firm FireEye

For more details visit https://cis-india.org/internet-governance/news/the-hindu-september-22-2015-atul-kabra-open-sesame

Encryption policy would have affected emails, operating systems, WiFi

praskrishna — 2015-09-25T01:23:10Z

Our email data would have to be stored. If we connect to a WiFi, that data would have to be stored, and that's plain ridiculous. There is a problem when the government tries to target citizens to ensure national security, said Pranesh Prakash, policy director at the Bangalore-based Centre for Internet and Society.

The article by Amrita Madhukalya was published in DNA on September 23, 2015.

The Draft National Policy on Encryption, withdrawn by the Department of Electronics and Information Technology (DeiTY) after it created a furore on privacy issues, would have had allowed the government access to any form of digital data that required encryption. Not limited to just WhatsApp or Viber data, it would have affected email services, WiFi, phone operating systems, etc.

"Our email data would have to be stored. If we connect to a WiFi, that data would have to be stored, and that's plain ridiculous. There is a problem when the government tries to target citizens to ensure national security," said Pranesh Prakash, policy director at the Bangalore-based Centre for Internet and Society.

The government, criticised heavily for the policy, withdrew it on Tuesday afternoon. It said that a new policy will be brought in its place.

Nikhil Pahwa of internet watchdog Medianama said that data about normal day-to-day activities would have to be stored if the policy was implemented. "The policy would have affected everyday business to consumer data.
This would mean that if a doctor or lawyer had your data digitised, they will be open to access, and would have to be kept for at least 90 days," said Pahwa.

However, he added that a robust encryption is needed. "It is believed that companies like Google, Facebook allow the NSA to access user data in the US, putting our personal security, and the national security largely, at risk," said Pahwa.

For more details visit https://cis-india.org/internet-governance/news/dna-september-23-2015-amrita-madhukalya-encryption-policy-would-have-affected-emails-operating-systems-wifi

Open letter from CIS to PM Modi on Intellectual Property Rights issues on his Visit to US

praskrishna — 2015-09-24T02:48:32Z

Centre for Internet and Society, through its Policy Director Mr. Pranesh Prakash and Programme Officer Nehaa Chaudhari has addressed an open letter to Prime Minister Narendra Modi on the intellectual property right issues concerning his visit to the United State of America in September, 2015.

The article by Apoorva Mandhani was published by LiveLaw on September 23, 2015. CIS Open Letter here.

The letter makes a two-fold request: first, that the Government of the USA be requested to ratify the Marrakesh Treaty for visually impaired persons and second, that the Indian Government should not enter into any negotiations around the Trans-Pacific Partnership trade agreement.

The letter relies on the statistics released by the World Blind Union, according to which 90% of all published material is not accessible to blind or print disabled people. The severity of the ‘book famine’, it says, was highlighted by India in its Closing Statement at the Diplomatic Conference convened to conclude the Marrakesh Treaty.

India was the first country to ratify the Marrakesh Treaty in June, 2014. However, the Marrakesh Treaty will come into effect only after 20 Member States have ratified it or acceded to it. As per information available from the World Intellectual Property Organization, only 9 countries have ratified or acceded to the treaty and USA is not one of it. The letter therefore requests Mr. Modi to request USA ratify the Marrakesh Treaty at the earliest.

It says, “The USA is home to some of the largest publishers of both academic and other/leisure material including Penguin Random House, Harper Collins, John Wiley & Sons, the RELX Group, McGraw-Hill Education, Scholastic and Cengage Learning to name a few. It accounts for a large volume of the world’s book and other print material export. The active participation of the USA through the ratification of the Marrakesh treaty is critical if the treaty is to be truly effective.”

With regard to the Trans-Pacific Partnership trade agreement, the letter communicates its concern regarding the secrecy of negotiations as well as the content of the chapter on intellectual property in the TPP.

Provisions sought to be imposed through the TPP mandate the inclusion of TRIPS plus provisions in national laws, envisage possible extensions in term of protection on patents, restrict copyright exceptions and limitations, extend copyright protection terms and impose a higher liability on intermediaries. All these provisions, it says, “would be disastrous for an emerging economy such as India’s, which is a heavy user of intellectual property and not a heavy producer of the same.”

Highlighting CIS’s concerns, the letter requests that any engagement in TPP negotiations be preceded by national consultations on the same, soliciting input from various stakeholders with diverging interests, including academia, civil society, industry associations, large Indian corporations, small and medium enterprises and multi- national corporations, rights holders associations and other interest groups.

For more details visit https://cis-india.org/a2k/news/live-law-apoorva-mandhani-september-23-2015-open-letter-from-cis-to-pm-modi-on-intellectual-property-rights-issues-on-his-visit-to-us

Open Letter to PM Modi on Intellectual Property Rights issues on His Visit to the United States of America in September, 2015

Pranesh Prakash and Nehaa Chaudhari — 2015-09-25T06:43:12Z

This is an open letter by CIS to the Prime Minister, Shri Narendra Modi in light of his impending visit to the USA. This letter asks the Prime Minister to urge the USA to ratify the Marrakesh Treaty; and asks that India not be a party to TPP negotiations, in light of recent reports on a study encouraging India to join the TPP.

Shri Narendra Damodardas Modi
Hon’ble Prime Minister of India
152, South Block, Raisina Hill
New Delhi-110011

22 September, 2015

Dear Sir,

We write on behalf of the Centre for Internet and Society, India [1], a Bangalore and New Delhi based not-for-profit organization engaging in research on among others, accessibility for persons with disabilities, intellectual property rights, openness and access to knowledge. Over the past fifteen months, we have welcomed and support certain initiatives of our government as being in line with some of our research interests, specifically, the "Make in India" and "Digital India" initiatives, and your vision of a digitally empowered India, as we have noted in an earlier open letter to you. [2]

This letter is in light of your visit to the United States of America (“USA”) this month, to articulate a two-fold request: first, that during the course of your visit you request the government of the USA to ratify the Marrakesh Treaty for visually impaired persons (“Marrakesh Treaty”); [3] and second, that the Indian government not enter into any negotiations around the Trans-Pacific Partnership trade agreement (“the TPP”).

On the Marrakesh Treaty

According to figures by the World Blind Union, approximately 90% of all published material is not accessible to blind or print disabled people. [4] The severity of the ‘book famine’ experienced by the world’s estimated 300 million blind or otherwise print or visually disabled people (of which an estimated 63 million are in India) was highlighted by India in its Closing Statement at the Diplomatic Conference convened to conclude the Marrakesh Treaty. [5] India has historically been a strong advocate of the spirit of the Marrakesh Treaty, becoming the first country to ratify it in June, 2014. [6] Amendments in 2012 to India’s copyright law predated the signature to the Marrakesh Treaty. These amendments created disability and works neutral exceptions to our copyright law, well beyond the mandate of the Marrakesh Treaty.

The true realization of the promise of the Marrakesh Treaty however will remain a distant dream until the treaty comes into effect (three months) after 20 Member States have ratified it or acceded to it. [7] According to information available from the World Intellectual Property Organization [8], this number is currently only 9, and the USA is not one of the countries to have done so. The USA is home [9] to some of the largest publishers of both academic and other/leisure material including Penguin Random House, Harper Collins, John Wiley & Sons, the RELX Group, McGraw-Hill Education, Scholastic and Cengage Learning to name a few. It accounts for a large volume of the world’s book and other print material export. The active participation of the USA through the ratification of the Marrakesh treaty is critical if the treaty is to be truly effective.

During your visit, we urge you request the government of the United States of America to ratify the Marrakesh Treaty at the earliest. This will bring us one important step closer to eradicating the book famine.

On the TPP

We are concerned after reports [10] of a recent study authored by C Fred Bergsten that encourages India to join the TPP. On this front, we are in complete agreement with the reported statement of the Hon’ble Ambassador Shri Arun K. Singh, where he disagrees with some of the findings and analysis of this recent report. [11]

The TPP has come into severe criticism [12] over the years [13] from a vast multitude [14] of sources [15] (including a group of 30 law professors in 2012) [16] across the various countries that are a party to the negotiations. Among others and most relevant to us as an organization is the criticism around the secrecy of negotiations [17] as well as the content of the chapter on intellectual property in the TPP. It is our belief that eventually, India stands to lose as a result of the TPP [18] with its possible adverse impact on our economy. [19]

The rigid intellectual property protections (including criminal penalties for unintentional copying) [20] sought to be enforced through the TPP would benefit only US pharmaceutical and entertainment industries. [21] These provisions (among others) mandate the inclusion of TRIPS plus provisions in national laws, envisage possible extensions in term of protection on patents, restrict copyright exceptions and limitations, extend copyright protection terms and impose a higher liability on intermediaries; [22]all of which would be disastrous for an emerging economy such as India’s, which is a heavy user of intellectual property and not a heavy producer of the same.

Historically, India has been a supporter of a transparent, multilateral decision making process, a commitment to which was also reiterated recently by the Hon’ble Minister of State for Commerce and Industry, Smt. Nirmala Sitharaman. [23]India has also raised many of its concerns (on the secrecy of the negotiations as well as substantive provisions themselves) around the TPP and its close cousin, the Anti-Counterfeiting Trade Agreement (“ACTA”) in 2011 [24] and 2012 [25] at the World Trade Organization (“WTO”) TRIPS Council and on the ACTA in 2010, also at the WTO Trips Council. [26]

In light of the above, we strongly urge the Indian government to not engage in negotiations on the TPP. At a minimum, we would request that any engagement in TPP negotiations be preceded by national consultations on the same, soliciting input from various stakeholders with diverging interests, including academia, civil society, industry associations, large Indian corporations, small and medium enterprises and multi- national corporations, rights holders associations and other interest groups.

We thank you for the opportunity to present these views to you. We do hope that you will consider these suggestions favourably, in the interests of India’s economic and social development. We welcome any opportunity to assist you with any queries you may have with regard to these submissions.

Thank you.

Yours truly

(For the Centre for Internet and Society, India)

Pranesh Prakash, Policy Director
Nehaa Chaudhari, Programme Officer

Copies to:

Smt. Smriti Zubin Irani, Minister for Human Resource Development, Government of India.
Prof. (Dr.) Ram Shankar Katheria, Minister of State for Human Resource Development (Higher Education), Government of India.
Smt. Nirmala Sitharaman, Minister of State for Commerce and Industry, Government of India.
Shri Vinay Sheel Oberoi, Secretary (Department of Higher Education), Ministry of Human Resources Development, Government of India, Government of India.
Shri Amitabh Kant, Secretary (Department of Industrial Policy and Promotion), Ministry of Commerce and Industry, Government of India.

(Edit - 25 September, 2015) - The following people have reached out to us in support of this letter and have expressed a desire to have their signatures placed on record as support. We wish to acknowledge the same.

Prof. Dinesh Abrol - Convenor, National Working Group on Patent Laws and WTO
Dr. B. Ekbal - President, Democratic Alliance for Knowledge Freedom, Kerala
T.C. James - President, NIPO
Dr. Suman Sahai - Chairperson, Gene Campaign
Dr. Biswajit Dhar - Professor, Centre for Economic Studies and Planning, School of Social Sciences, Jawaharlal Nehru University

[1]See generally http://cis-india.org/ (last accessed 22 September, 2015).

[2]Rohini Lakshane, Open Letter to Prime Minister Modi, available at http://cis-india.org/a2k/blogs/open-letter-to-prime-minister-modi (last accessed 22 September, 2015); Centre for Internet and Society/Rohini Lakshane, Digital India & Make in India : Form a patent pool of critical mobile technologies – CIS India, available at http://www.medianama.com/2015/03/223-digital-india-make-in-india-form-a-patent-pool-of-critical-mobile-technologies-cis-india/ (last accessed 22 September, 2015).

[3]The Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities adopted on June 27, 2013. Treaty text and other official documentation available at http://www.wipo.int/treaties/en/ip/marrakesh/ (last accessed 22 September, 2015).

[4]World Blind Union, Marrakesh Treaty – Right to Read Campaign, available at http://www.worldblindunion.org/English/our-work/our-priorities/Pages/right-2-read-campaign.aspx (last accessed 22 September, 2015).

[5]Pranesh Prakash, India’s Closing Statement at Marrakesh on the Treaty for the Blind, available at http://cis-india.org/a2k/blogs/india-closing-statement-marrakesh-treaty-for-the-blind (last accessed 22 September, 2015).

[6]Nehaa Chaudhari, India’s Ratification of the Marrakesh Treaty Celebrated; Accessible Books Consortium Launched, available at http://cis-india.org/accessibility/blog/indias-ratification-of-marrakesh-treaty-celebrated (last accessed 22 September, 2015).

[7]Article 18 of the Marrakesh Treaty.

[8]World Intellectual Property Organization, WIPO Administered Treaties: Contracting Parties > Marrakesh VIP Treaty (Treaty not yet in force), available at http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=843 (last accessed 22 September, 2015).

[9]Publishers Weekly, The World’s 57 Largest Book Publishers, 2015, available at http://www.publishersweekly.com/pw/by-topic/international/international-book-news/article/67224-the-world-s-57-largest-book-publishers-2015.html (last accessed 22 September, 2015).

[10]S Rajagopalan, US Report Pushes India to Join the Trans-Pacific Partnership, available at http://www.dailypioneer.com/world/us-report-pushes-india-to-join-trans-pacific-partnership.html (last accessed 22 September, 2015); Indo-Asian News Service on NDTV, India Can Boost Exports by $500 Billion with Trade Liberalization: Study, available at http://www.ndtv.com/india-news/india-can-boost-exports-by-500-billion-with-trade-liberalization-study-1218887 (last accessed 22 September, 2015); Raghavendra M., India can boost exports by $500 billion with trade liberalization: study, available at http://www.americanbazaaronline.com/2015/09/18/india-can-boost-exports-by-500-billion-with-trade-liberalization-study/ (last accessed 22 September, 2015); Press Trust of India in the Business Standard, India can boost exports by USD 500 bn by joining the TPP: report, available at http://www.business-standard.com/article/pti-stories/india-can-boost-exports-by-usd-500-bn-by-joining-tpp-report-115091701149_1.html (last accessed 22 September, 2015); Seema Sirohi, India must expand its trade before it gets left behind in the race, available at http://blogs.economictimes.indiatimes.com/letterfromwashington/india-must-expand-its-trade-before-it-gets-left-behind-in-the-race/ (last accessed 22 September, 2015).

[11]S Rajagopalan, US Report Pushes India to Join the Trans-Pacific Partnership, available at http://www.dailypioneer.com/world/us-report-pushes-india-to-join-trans-pacific-partnership.html (last accessed 22 September, 2015)

[12]Natasha Lennard, Noam Chomsky: Trans-Pacific Partnership is a “neoliberal assault”, available at http://www.salon.com/2014/01/13/chomsky_tpp_is_a_neoliberal_assault/ (last accessed 22 September, 2015); Zach Carter and Ryan Grim, Noam Chomsky: Obama Trade Deal a ‘Neoliberal Assault’ to ‘Further Corporate Domination’, available at http://www.huffingtonpost.com/2014/01/13/noam-chomsky-obama-trans-pacific-partnership_n_4577495.html?ir=India&adsSiteOverride=in (last accessed 22 September, 2015); Sean Flynn;, Margot E Kaminski, Brook K Baker and Jimmy H Koo., "Public Interest Analysis of the US TPP Proposal for an IP Chapter" (2011). PIJIP Research Paper Series. Paper 21. http://digitalcommons.wcl.american.edu/research/21 (last accessed 22 September, 2015).

[13]BBC News, TPP: What is it and why does it matter?, available at http://www.bbc.com/news/business-21782080 (last accessed 22 September, 2015);

[14]For a compilation on writing on the TPP see James Love, Trans-Pacific Partnership (TPP also known as the TPPA), available at http://keionline.org/tpp (last accessed 22 September, 2015); see also American University Program on Information Justice and Intellectual Property, Trans-Pacific Partnership, available at http://infojustice.org/tpp (last accessed 22 September, 2015).

[15]Zach Carter, Alan Grayson on Trans-Pacific Partnership: Obama Secrecy Hides ‘Assault on Democratic Government’, available at http://www.huffingtonpost.com/2013/06/18/alan-grayson-trans-pacific-partnership_n_3456167.html?ir=India&adsSiteOverride=in (last accessed 22 September, 2015); James Love, KEI analysis of Wikileaks leak of TPP IPR text, from August 30, 2013, available at http://keionline.org/node/1825 (last accessed 22 September, 2015); Ian Verrender, The TPP has the potential for real harm, available at http://www.abc.net.au/news/2015-03-16/verrender-the-tpp-has-the-potential-for-real-harm/6321538 (last accessed 22 September, 2015).

[16]Sean Flynn, Law Professors Call for Trans-Pacific Partnership (TPP) Transparency, available at http://infojustice.org/archives/21137 (last accessed 22 September, 2015).

[17]Sachie Mizohata, "The Trans-Pacific Partnership and Its Critics: An introduction and a petition," The Asia-Pacific Journal, Vol. 11, Issue 36, No. 3, available at http://japanfocus.org/-Sachie-MIZOHATA/3996/article.html (last accessed 22 September, 2015).

[18]Vijay Rajamohan, Trans-Pacific Partnership – Should India Join this Mega Trade Deal?, available at http://swarajyamag.com/world/trans-pacific-partnership-should-india-join-this-mega-trade-deal/ (last accessed 22 September, 2015).

[19]Sylvia Mishra, How will the Trans-Pacific Partnership affect India?, available at http://www.observerindia.com/cms/sites/orfonline/modules/analysis/AnalysisDetail.html?cmaid=85684&mmacmaid=85685 (last accessed 22 September, 2015).

[20]Gabrielle Chan, Trans-Pacific Partnership: a guide to the most contentious issues, available at http://www.theguardian.com/world/2013/dec/10/trans-pacific-partnership-a-guide-to-the-most-contentious-issues (last accessed 22 September, 2015).

[21]James Love, New leak of TPP consolidated text on intellectual property provides details of pandering to drug companies and publishers, available at http://www.keionline.org/node/2108 (last accessed 22 September, 2015); Vijay Rajamohan, Trans-Pacific Partnership – Should India Join this Mega Trade Deal?, available at http://swarajyamag.com/world/trans-pacific-partnership-should-india-join-this-mega-trade-deal/ (last accessed 22 September, 2015) referencing Paul Krugman.

[22]William New, Leaked TPP Draft Reveals Extreme Rights Holder Position Of US, Japan, Outraged Observers Say, available at http://www.ip-watch.org/2014/10/17/leaked-tpp-draft-reveals-extreme-rights-holder-position-of-us-japan-outraged-observers-say/ (last accessed 22 September, 2015).

[23]Lalit K Jha, India not being left out of global trade pacts: Minister, available at http://www.thestatesman.com/news/business/india-not-being-left-out-of-global-trade-pacts-minister/91679.html (last accessed 22 September, 2015).

[24]Thirukumaran Balasubramaniam, WTO TRIPS Council: India raises concerns on ACTA and TPPA on discussion of “Trends in the Enforcement of IPRs”, available at https://donttradeourlivesaway.wordpress.com/2011/10/29/wto-trips-council-india-raises-concerns-on-acta-and-tppa-on-discussion-of-trends-in-the-enforcement-of-iprs/ (last accessed 22 September, 2015).

[25]Thirukumaran Balasubramaniam, 28 Feb 2012: Intervention delivered by India at WTO TRIPS Council on IP Enforcement Trends noting concerns with ACTA and TPPA, available at http://keionline.org/node/1376 (last accessed 22 September, 2015).

[26]Kanaga Raja, ACTA comes in for criticism at the TRIPS council, available at http://www.twn.my/title2/wto.info/2010/twninfo100606.htm (last accessed 22 September, 2015).

For more details visit https://cis-india.org/a2k/blogs/open-letter-on-intellectual-property-rights-issues-during-your-visit-to-the-united-states-of-america-in-september-2015

India encryption policy draft faces backlash

praskrishna — 2015-09-22T01:59:44Z

The department of information technology is facing a backlash from industry experts, Internet watchers and netizens on its draft of the National Encryption Policy that it recently made public.

The article by Moulishree Srivastava was published in Livemint on September 22, 2015. Pranesh Prakash gave inputs.

While the draft policy aims to enable a secure environment for both information and transactions in cyberspace for individuals, businesses and government, experts are concerned over privacy and outdated standards prescribed in the policy, among other things.

The policy puts the onus to produce encrypted information when demanded by government agencies on Indian citizens as well as on all the online service providers including instant messaging and e-commerce services that use encryption technology (to convert plain information to an unreadable format).

The department put the policy online late last week and it came on the radar of industry watchers and experts over the weekend. The policy is open for comments from the public till 16 October.

The policy, in its current form, is poorly drafted and the measures listed in it make Indian information systems vulnerable to cyber attacks, experts say.

For instance, the policy has mandated the use of specific standards and algorithms for encryption.

Encryption can be compared to the process of translating information in one language into a foreign language.

“Specifying certain algorithms to be used for encryption, and restricting the key sizes is same as saying that you are only allowed to communicate using a language from a given set of government-specified languages and no other language can be used,” said Pranesh Prakash, policy director at the Centre for Internet and Society.

However, the ones mentioned in the draft policy are outdated and unsafe to use, experts say. Another thing that weakens the security considerably is the req-uirement for businesses and citizens to keep the information (that was encrypted and sent over) for 90 days, in case law en-forcement agencies demand it. But that also means that for those 90 days, cyber criminals, too, can access it, warn experts.

Another big gap in the policy is that it leaves out “sensitive departments/agencies of the government designated for performing sensitive and strategic roles”, said Prakash.

“When the policy states its mission to be the enhancing of confidentiality of information and of security of critical networks by laying out information security best practices, how does it make any sense to keep sensitive or strategic government department and agencies outside its purview?” he asked. “After all, these are the organizations that most need to be kept secure to enhance national cybersecurity.”

The draft is also ambiguous on which online services—be it shopping online or accessing email—people can use (in compliance with the law) and which online service providers will have to be registered with the government.

The policy states that “service providers located within and outside India, using encryption technology for providing any type of services in India, must enter into an agreement with the government for providing such services in India”. Users can only use the services that are registered with the government.

“This is the first time when users are actually being told what are the things they can and cannot do,” said Prakash.

“The government must take note that the knowledge and expertise of common citizens may be inadequate to understand the nuances of encryption,” said cyber law expert Na Vijayashankar on his blog. “For example, if a citizen uses a service available on the Internet which uses, say, a higher level of encryption than what is appro-ved, then this policy may make him liable for the violation.”

The problem is enhanced because all online services use some encryption technology. This means that practically all online activity will fall under this new policy.

For instance, companies like Apple or Microsoft use encryption technologies at various levels of their operating systems; e-commerce services like Flipkart, Amazon and Snapdeal; web browsers like Mozilla Firefox and Google Chrome and mail services like Gmail, Yahoo and Rediff may be required to register with the government. The only way they may escape this requirement is if there is an exemption for products that are in use at a large scale. Network security service providers like Cisco Inc. will also need to comply. (Cisco declined to respond to a query.) Snapdeal said it is still examining the draft policy, while Amazon, Google, Microsoft did not reply to emails sent by Mint. Yahoo said its spokesperson was unavailable.

One clause that is drawing a lot of ire from industry veterans and technology enthusiasts requires individual users and businesses to store all information that was sent in an encrypted form for 90 days from the date of transaction. The users would also be required to reproduce the plain text and the encrypted text, if demanded by law enforcement agencies.

The draft policy also overlooks the privacy concerns of citizens and businesses. “It is clearly a violation of freedom of speech. A large part of the policy states how the government can interfere with users, like, by demanding their private messages. The policy is anti-privacy law,” said Prakash. “Privacy and security go hand in hand. So, as this policy weakens the security of the information, it puts the privacy at greater risk.”

For more details visit https://cis-india.org/internet-governance/news/livemint-moulishree-srivastava-september-22-2015-india-encryption-policy-draft-faces-backlash

Peering behind the veil of ICANN’s DIDP (I)

Padmini Baruah — 2015-10-15T02:42:14Z

One of the key elements of the process of enhancing democracy and furthering transparency in any institution which holds power is open access to information for all the stakeholders. This is critical to ensure that there is accountability for the actions of those in charge of a body which utilises public funds and carries out functions in the public interest.

As the body which “...coordinates the Internet Assigned Numbers Authority (IANA) functions, which are key technical services critical to the continued operations of the Internet's underlying address book, the Domain Name System (DNS)”^{^[1]}, the centrality of ICANN in regulating the Internet (a public good if there ever was one) makes it vital that ICANN’s decision-making processes, financial flows, and operations are open to public scrutiny. ICANN itself echoes the same belief, and upholds “...a proven commitment to accountability and transparency in all of its practices”^{^[2]}, which is captured in their By-Laws and Affirmation of Commitments. In furtherance of this, ICANN has created its own Documentary Information Disclosure Policy, where it promises to “...ensure that information contained in documents concerning ICANN's operational activities, and within ICANN's possession, custody, or control, is made available to the public unless there is a compelling reason for confidentiality.”^{^[3]}

ICANN has a vast array of documents that are already in the public domain, listed here. These include annual reports, budgets, registry reports, speeches, operating plans, correspondence, etc. However, their Documentary Information Disclosure Policy falls short of meeting international standards for information disclosure. In this piece, I have focused on an examination of their defined conditions for non-disclosure of information, which seem to undercut the entire process of transparency that the DIDP process aims towards upholding. The obvious comparison that comes to mind is with the right to information laws that governments the world over have enacted in furtherance of democracy. While ICANN cannot be equated to a democratically elected government, it nonetheless does exercise sufficient regulatory power of the functioning of the Internet for it to owe a similar degree of information to all the stakeholders in the internet community. In this piece, I have made an examination of ICANN’s conditions for non-disclosure, and compared it to the analogous exclusions in India’s Right to Information Act, 2005

ICANN’ꜱ Defined Conditions for Non-Disclosure versus Exclusions in Indian Law :

ICANN, in its DIDP policy identifies a lengthy list of conditions as being sufficient grounds for non-disclosure of information. One of the most important indicators of a strong transparency law is said to be minimum exclusions.^{^[4]} However, as seen from the table below, ICANN’s exclusions are extensive and vast, and this has been a barrier in the way of free flow of information. An analysis of their responses to various DIDP requests (available here) shows that the conditions for non-disclosure have been invoked in over 50 of the 85 requests responded to (as of 11.09.2015); i.e., over two-thirds of the requests that ICANN receives are subjected to the non-disclosure policies.

In contrast, an analysis of India’s Right to Information Act, considered to be among the better drafted transparency laws of the world, reveals a much narrower list of exclusions that come in the way of a citizen obtaining any kind of information sought. The table below compares the two lists:

No.	ICANN^{^[5]}	India	Analysis
1.	Information provided by or to a government or international organization which was to be kept confidential or would materially affect ICANN’s equation with the concerned body.	Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, "strategic, scientific or economic" interests of the State, relation with foreign State or lead to incitement of an offense^{^[6]}/ information received in confidence from foreign government^{^[7]}	The threshold for both the bodies is fairly similar for this exclusion.
2.	Internal (staff/Board) information that, if disclosed, would or would be likely to compromise the integrity of ICANN's deliberative and decision-making process	Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers, provided that such decisions the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over (unless subject to these exemptions)^{^[8]}	The Indian law is far more transparent as it ultimately allows for the records of internal deliberation to be made public after the decision is taken.
3.	Information related to the deliberative and decision-making process between ICANN, its constituents, and/or other entities with which ICANN cooperates that, if disclosed, would or would be likely to compromise the integrity of the deliberative and decision-making process	No similar provision in Indian Law.	This is an additional restriction that ICANN introduces in addition to the one above, which in itself is quite broad.
4.	Records relating to an individual's personal information	Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption);^{^[9]}	Again, the Indian law contains a proviso for information with “relationship to any public activity or interest”
5.	Proceedings of internal appeal mechanisms and investigations.	Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;^{^[10]}	While ICANN prohibits the disclosure of all proceedings, in India, the exemption is only to the limited extent of information that the court prohibits from being made public.
6.	Information provided to ICANN by a party that, if disclosed, would or would be likely to materially prejudice the commercial interests, financial interests, and/or competitive position of such party or was provided to ICANN pursuant to a nondisclosure agreement or nondisclosure provision within an agreement.	Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;^{^[11]}	This is fairly similar for both lists.
7.	Confidential business information and/or internal policies and procedures.	No similar provision in Indian Law. This is encapsulated in the abovementioned provision	This is fairly similar in both lists.
8.	Information that, if disclosed, would or would be likely to endanger the life, health, or safety of any individual or materially prejudice the administration of justice.	Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;^{^[12]}	This is fairly similar for both lists.
9.	Information subject to any kind of privilege, which might prejudice any investigation	Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature^{^[13]}/Information which would impede the process of investigation or apprehension or prosecution of offenders;^{^[14]}	This is fairly similar in both lists.
10.	Drafts of all correspondence, reports, documents, agreements, contracts, emails, or any other forms of communication.	No similar provision in Indian Law	This exclusion is not present in Indian law, and it is extremely broadly worded, coming in the way of full transparency.
11.	Information that relates in any way to the security and stability of the Internet	No similar provision in Indian Law	This is perhaps necessary to ICANN’s role as the IANA Functions Operator. However, given the large public interest in this matter, there should be some proviso to make information in this regard available to the public as well.
12.	Trade secrets and commercial and financial information not publicly disclosed by ICANN.	Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;^{^[15]}	This is fairly similar in both cases.
13.	Information requests: ● which are not reasonable; ● which are excessive or overly burdensome ● complying with which is not feasible ● which are made with an abusive or vexatious purpose or by a vexatious or querulous individual.	No similar provision in Indian Law	Of all the DIDP exclusions, this is the one which is most loosely worded. The terms in this clause are not clearly defined, and it can effectively be used to deflect any request sought from ICANN because of its extreme subjectivity. What amounts to ‘reasonable’? Whom is the process going to ‘burden’? What lens does ICANN use to define a ‘vexatious’ purpose? Where do we look for answers?
14.	No similar provision in ICANN’s DIDP.	Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;^{^[16]}	-
15.	No similar provision in ICANN’s DIDP.	Information which providing access to would involve an infringement of copyright subsisting in a person other than the State.^{^[17]}	-

Thus, the net cast by the DIDP exclusions policy is more vast than even than that of a democratic state’s transparency law. Clearly, the exclusions above have effectively allowed ICANN to dodge answers to most of the requests floating its way. One can only hope that ICANN realises that these exclusions come in the way of the transparency that they are so committed to, and does away with this unreasonably wide range on the road to the IANA Transition.

^{^[1]} https://www.icann.org/resources/pages/welcome-2012-02-25-en

^{^[2]} https://www.icann.org/resources/accountability

^{^[3]} https://www.icann.org/resources/pages/didp-2012-02-25-en

^{^[4]} Shekhar Singh, India: Grassroot Initiatives in Tʜᴇ Rɪɢʜᴛ ᴛᴏ Kɴᴏᴡ 19, 44 (Ann Florin ed., 2007)

^{^[5]} In a proviso, ICANN’s DIDP states that all these exemptions can be overridden if the larger public interest is higher. However, this has not yet been reflected in their responses to any DIDP requests.

^{^[6]} Section 8(1)(a), Right to Information Act, 2005.

^{^[7]} Section 8(1)(f), Right to Information Act, 2005.

^{^[8]} Section 8(1)(i), Right to Information Act, 2005.

^{^[9]} Section 8(1)(j), Right to Information Act, 2005.

^{^[10]} Section 8(1)(b), Right to Information Act, 2005.

^{^[11]} Section (1)(d), Right to Information Act, 2005

^{^[12]} Section 8(1)(g), Right to Information Act, 2005.

^{^[13]} Section 8(1)(c), Right to Information Act, 2005.

^{^[14]} Section 8(1)(h), Right to Information Act, 2005.

^{^[15]} Section (1)(d), Right to Information Act, 2005

^{^[16]} Section 8(1)(e), Right to Information Act, 2005.

^{^[17]} Section 9, Right to Information Act, 2005.

For more details visit https://cis-india.org/internet-governance/blog/peering-behind-the-veil-of-icann2019s-didp

Sustainable Smart Cities India Conference 2015, Bangalore

vanya — 2015-09-21T02:24:19Z

Nispana Innovative Platforms organized a Sustainable Smart Cities India Conference 2015, in Bangalore on 3rd and 4th September, 2015. The event saw participation from people across various sectors including Government Representatives from Ministries, Municipalities, Regulatory Authorities, as well as Project Management Companies, Engineers, Architects, Consultants, Handpicked Technology Solution Providers and Researchers. National and International experts and stakeholders were also present to discuss the opportunities and challenges in creating smart and responsible cities as well as citizens, and creating a roadmap for converting the smart cities vision into a reality that is best suited for India.

The objective of the conference was to discuss the meaning of a smart city, the promises made, the challenges and possible solutions for implementation of ideas by transforming Indian Cities towards a Sustainable and Smart Future.

Smart Cities Mission

Considering the pace of rapid urbanization in India, it has been estimated that the urban population would rise by more than 400 million people by the year 2050[1] and would contribute nearly 75% to India’s GDP by the year 2030. It has been realized that to foster such growth, well planned cities are of utmost importance. For this, the Indian government has come up with a Smart Cities initiative to drive economic growth and improve the quality of life of people by enabling local area development and harnessing technology, especially technology that leads to Smart outcomes.

Initially, the Mission aims to cover 100 cities across the countries (which have been shortlisted on the basis of a Smart Cities Proposal prepared by every city) and its duration will be five years (FY2015-16 to FY2019-20). The Mission may be continued thereafter in the light of an evaluation to be done by the Ministry of Urban Development (MoUD) and incorporating the learnings into the Mission. This initiative aims to focus on area-based development in the form of redevelopment, or developing new areas (Greenfield) to accommodate the growing urban population and ensure comprehensive planning to improve quality of life, create employment and enhance incomes for all, especially the poor and the disadvantaged.[2]

What is being done?

The Smart City Mission will be operated as a Centrally Sponsored Scheme (CSS) and the Central Government proposes to give financial support to the Mission to the extent of Rs. 48,000 crores over five years i.e. on an average Rs. 100 crore per city per year.The Government has come up with 2 missions:Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and Smart Cities Mission for the purpose of achieving urban transformation.The vision is to preserve India’s traditional architecture, culture & ethnicity while implementing modern technology to make cities livable, use resources in a sustainable manner and create an inclusive environment. Additionally, Foreign Direct Investment regulations have been relaxed to invite foreign capital and help into the Smart City Mission.

What is a Smart City?

Over the two-day conference, various speakers shared a common sentiment that the Governments’ mission does not clearly define what encompasses the idea of a Smart City. There is no universally accepted definition of a Smart City and its conceptualization varies from city to city and country to country.

A global consensus on the idea of a smart city is a city which is livable, sustainable and inclusive. Hence, it would mean a city which has mobility, healthcare, smart infrastructure, smart people, traffic maintenance, efficient waste resource management, etc.

Also, there is a global debate at United Nations regarding developmental goals. One of these goals is gender equality which is very important for the smart city initiative. According to this, a smart city must be such where the women have a life free from violence, must be made to participate and are economically empowered.

Promises

The promises of the Smart City mission include:

Make a sustainable future, reduce carbon footprint, adequate water supply, assured electricity supply, proper sanitation, including solid waste management, efficient urban mobility and public transport, affordable housing especially for the poor, robust IT connectivity and digitalization, good governance, especially e-Governance and citizen participation, sustainable environment, safety and security of citizens, particularly women, children and the elderly, and health and education.

The vision is to preserve country’s traditional architecture, culture & ethnicity while implementing modern technology. It was discussed how the Smart City Mission is currently attracting global investment, will create new job opportunities, improve communications and infrastructure, decrease pollution and ultimately improve the quality of living.

Challenges

The main challenges for implementation of these objectives are with respect to housing, dealing

with existing cities and adopting the idea of retro-fitting.

Also, another challenge is that of eradicating urban poverty, controlling environment degradation, formulating a fool-proof plan, proper waste management mechanism, widening roads but not at the cost of pedestrians and cyclist and building cities which are inclusive and cater to the needs of women, children and disabled people.

Some of the top challenges will include devising a fool-proof plan to develop smart cities, meaningful public-private partnership, increasing the renewable energy, water supply, effective waste management, traffic management, meeting power demand, urban mobility, ICT connectivity, e-governance, etc., while preparing for new threats that can emerge with implementation of these new technologies.

What needs to be done?

The following suggestions were made by the experts to successfully implement government’s vision of creating successful smart cities in India.

Focus on the 4 P’s: Public-Private-People Partnership since people very much form a part of the cities.
Integration of organizations, government bodies, and the citizens. The Government can opt for a sentiment analysis.
Active participation by state governments since Land is a state subject under the Constitution. There must be a detailed framework to monitor the progress and the responsibilities must be clearly demarcated.
Detailed plans, policies and guidelines
Strengthen big data initiatives
Resource maximization
Make citizens smart by informing them and creating awareness
Need for competent people to run the projects
Visionary leadership
Create flexible and shared spaces for community development.

National/International case studies

Several national and international case studies were discussed to list down practical challenges to enable the selected Indian cities learn from their mistakes or include successful schemes in their planning from its inception.

Amsterdam Smart City: It is said to be a global village which was transformed into a smart city by involving the people. They took views of the citizens to make the plan a success. The role of big data and open data was highly emphasized. Also, it was suggested that there must be alignment with respect to responsibilities with the central, state and district government to avoid overlap of functions. The city adopted smart grid integration to make intelligent infrastructure and subsidized initiatives to make the city livable.
GIFT City, Gujarat: This is an ICT based sustainable city which is a Greenfield development. It is strategically situated. One of the major features of the City is a utility tunnel for providing repair services and the top of the tunnel can be utilized as a walking/jogging track. The city has smart fire safety measures, wide roads to control traffic, smart regulations.
TEL AVIV Smart City, Israel: It has been named as the Mediterranean cool city with young and free spirted people. The city comprises of creative class with 3 T’s-talent, technology and tolerance. The city welcomes startups and focuses on G2G, G2C and C2C initiatives by adopting technologically equipped initiatives for effective governance and community building programmes.

Participation

The event saw participation from people across various sectors including Government Representatives of Ministries, Municipalities, Regulatory Authorities, as well as Project Management Companies, Engineers, Architects, Consultants, Handpicked Technology Solution Providers and Researchers.

Foundation for Futuristic Cities: The conference saw participation from this think tank based out of Hyderabad working on establishing vibrant smart cities for a vibrant India. They are currently working on developing a "Smart City Protocol" for Indian cities collaborating with Technology, Government and Corporate partners by making a framework for Smart Cities, Big Data and predictive analytics for safe cities, City Sentiment Analysis, Situation Awareness Tools and mobile Apps for better city life by way of Hackathons and Devthons.
Centre for SMART cities, Bangalore: This is a research organization which aims to address the challenge of collaborating and sharing knowledge, resources and best practices that exist both in the private sector and governments/municipal bodies in a usable form and format.
BDP – India (Studio Leader – Urbanism): The Organization is based out of Delhi and is involved in providing services relating to master planning, urbanism, design and landscape design. The team includes interior designers, engineers, urbanists, sustainability experts, lighting designers, etc. The vision is to help build and create high quality, effective and inspiring built spaces.
UN Women: It is a United Nations Organization working on gender equality, women empowerment and elimination of discrimination. They strive to strengthen rights of women by working with women, men, feminists, women’s networks, governments, local authorities and civil society to create national strategies to advance gender equality in line with national and international priorities. The UN negotiated the 2030 Agenda for Sustainable Development in August 2015 (which would be formally adopted by World leaders in September 2015) and it feature 17 sustainable development goals, one of them being achievement of gender equality and empowerment of all women and girls.
Elematic India Pvt. Ltd.: The Company is a leading supplier of precast concrete technology worldwide providing smart solutions for concrete buildings to help enable build smart cities with safe infrastructure.

Conclusion

The event discussed in great detail about what a smart city would look like in a country like India where every city has different demographics, needs and resources.

The Participants had a mutual understanding that a city is not gauged by its length and width, but by the broadness of its vision and height of its dream. The initiative of creating smart cities would echo across the country as a whole and would not be limited to the urban centers. Hence, the plan must be inclusive in implementation and right from its inception, the people and their needs must be given due consideration to make it a success. The issue of the road ahead was resonating in the minds of many, as to how would this exactly happen. Hence, the first step, as was suggested by the experts, was to involve the citizens by primarily informing them, taking their suggestions and planning the project for every city accordingly. While focusing on cities which would be made better by human ingenuity and technology, along with building mechanism for housing, commerce, transportation and utilities, it must not be forgotten that technology is timely, but culture is timeless. The cities must not be faceless and community space must be built with walkable spaces with smart utilization of limited resources. Also, it must be ensured that the cities do not cater to the needs of the elite and skilled population, but also the less privileged community. Adequate urban mapping must be done to ensure placement for community facilities, such as restrooms, trash bins, and information kiosks.

A story shared from personal experience by an expert Architect in building Green infrastructure was highly instrumental in setting the tone of the conference and is bound to stay with many of the participants. The son of the Architect, a small child from Baroda left his father speechless when he questioned him about the absence of butterflies from the Big City of Mumbai since he used to play with butterflies every morning in his hometown in Gujarat. The incident was genuinely thought provoking and left every architect, government representative and engineer thinking that before they step on to build a smart cities with technologically equipped infrastructure and utilities - can we, as a country, come together and ensure to build a smart city with butterflies? Can we pay equal attention to sustainability, environment and requirements of a community in the smart city that is envisioned by the Government to make the city livable and inclusive?

Questions that I, as a participant, am left with are:

Building a Greenfield project is comparatively easier than upgrading the existing cities into Smart ones, which requires planning and optimum utilization of resources. The role of local bodies needs to be strengthened which would primarily require skilled workforce, beginning from planning to execution. Therefore, what must be done to make the current cities “Smarter” and how encourage and fund ordinary citizens to redefine and prioritize local needs?
The conference touched upon the need for a well-planned policy framework to govern the smart cities; however, what was missing was a discussion on the kind of policies that would be required for every city to ensure governance and monitor the operations. Chalking out well thought of urban policies is the first step towards implementation of the Project and requires deliberation in this regard.
The Government plans seem to cater to the needs of a handful of sections of the society and must focus on safety of women, chalk out initiatives to build basic utilities like public toilets, plan the infrastructure keeping in mind the disabled individuals, etc.

This is of paramount importance since it is necessary for the Government to consider who would be the potential inhabitants of these future smart cities and what would be their particular needs. Before the cities are made better by use of technology, there is a requirement of more toilets as a basic utility. Thus, instead of focusing on technological advancement as the sole foundation to make lives of the people easy, the cities must have provision of utilities which are accessible to develop livable smart cities. Hence, what measures would the Government and other bodies involved in the plan take to ensure that the urban enclaves would not oversee the under privileged class?

Another issue that went unnoticed during the two-day event was pertaining to the Fundamental Rights of individuals within the city. For example, the right of privacy, right to access services and utilities, right to security, etc. These basic rights must be given due recognition by the smart city developers to uphold the spirit of these internationally accepted Human Rights principles. Therefore, it is important to ask how these future cities are going to address the rights of its people in the cities?

Apart from plans of working on waste management, another important factor that must not be overlooked is sustainability in terms of maximization of the available resources in the best possible ways and techniques to be adopted to stop the fast paced degradation of the environment.

The conference could suggest more solutions to adopt measures like rain water harvesting, better sewage management in the existing cities.

Also, the importance of big data in building the smart cities was emphasized by many experts. However, the question of regulation of data being generated and released was not talked about. Use of big data analytics involves massive streaming of data which required regulation and control over its use and generation to ensure such information is not misutilised in any way. In such a scenario, how would these cities regulate and govern big data techniques to make the infrastructure and utilities technologically efficient on one hand, but also to use the large data sets in a monitored fashion on the other?

An answer to these crucial issues and questions would have brought about a lot of clarity in minds of all the officials, planners and the potential residents of the Smart Cities in India.

[1] 2014 revision of the World Urbanization Prospects, United Nations, Department of Economic and Social Affairs, July 2014, Available at : http://www.un.org/en/development/desa/publications/2014-revision-world-urbanization-prospects.html

[2] Smart Cities, Mission Statement and Guidelines, Ministry of Urban Development, Government of India, June 2015, Available at : http://smartcities.gov.in/writereaddata/SmartCityGuidelines.pdf

For more details visit https://cis-india.org/internet-governance/blog/sustainable-smart-cities-india-conference-2015-bangalore

Transformaking 2015 : International Summit on Critical and Transformative Making, Yogyakarta

sharath — 2016-06-18T18:00:08Z

Transformaking 2015 brought together makers, scientist, hackers, bricoleurs, researchers, artists, designers and other interdisciplinary practitioners from across the globe in a series of Residency and Research Program, Symposium, Exhibition, Fair, and Satellite Projects. It was held from August 10 to September 20, 2015. Transformaking 2015 was organized by HONF Foundation & CATEC (Culture Arts Technoloy Empowerment Community) in partnership with the Centre for Internet & Society (CIS), Common Room, Crosslab, and Nicelab.

More information on the event can be accessed on this website. I presented a talk Open Spectrum and Open Science – Policy and Future Opportunities. I was also a speaker in a panel Encouraging Innovations through Communication and Open Source Culture with fellow panelists Tom Rowlands (Future Everything), Gustav Hariman (Common Room, Bandung) and Colette Tron (Alphabetville) and moderated by Sachet Manandhar of Karkhana Labs, Nepal.

As with many other societies, Indonesia has a distinct maker culture that goes back centuries. The rise of collective movements in the network culture following the digital revolution — with associated terms such as DIY (do-it-yourself), DIWO (do-it-with-others), open source, maker and hacker spaces — only reinvigorates and replicates traditional production practices at the grass-roots level: verbal passing of knowledge both vertical (between generations) and horizontal (among community members), voluntary communal division of labour, inventiveness to overcome limited infrastructures, driven by the need to find solutions for a better life rather than personal profit. Our forefathers were the genuine makers.

The burgeoning maker movement has been receiving growing recognition as it demonstrates great potential to address concerns and provide innovative solutions at a local, citizen level where established socio-political systems fail. As the makers and associated maker culture come into contact with large industries, they run the risk of being reduced into commodities. A critical attitude is essential to keep the maker movement genuine with lessons from our forefathers in mind and catalyze practices create solutions and sustainable implementations in a process of transformative making — or Transformaking.

The summit aimed to:

Create a forum for all stakeholders to discuss views, practices, questions, and issues in the realm of critical making movement
Exhibit projects that create tangible, transformative solutions at a citizen level
Produce usable tools and define dissemination strategies for catalyzing local transformations globally

The following is a note on the Conception of the Summit:

Conception of the Summit - Why 'Transformaking'?

The act of Making is not new, and has been an ongoing process over centuries of mankind, ever since the invention of Neanderthal tools, the wheel, cultural artifacts and practices, to the modern day space shuttle and modes of communication. Today’s networked knowledge society is catalyzing and affecting the process of Making and knowledge production in interesting ways by mediating the co-located and instantaneous access, dissemination and sharing of information amongst people across vast distances.

The notion of free labour accompanying a rising participation in the gift economy of network culture, is loaded with words such as DIY, Open Knowledge, Open Data, Free & Open Source, that blurs the lines of distinction between production & consumption, labour & cultural expression, and has transcended both the puritan new left movement on one hand and the neo-liberal free market ideology on the other.

There has evidently been a marked shift in the site of labour — from the factory to society, that autonomists have called ‘the social factory’ which challenges the very notion of capitalism from the inside. In Pierre Lévy’s own words — A shift from the Cartesian model of thought based on the singular idea of cogito (I think) to a collective or plural cogitamus (we think), seems to be the unifying goal represented by various models and spaces for thinking such as Makercultures, Think Tanks, Maker Movements, Maker Labs & Hacker/Maker Spaces.

This change in the process of making and knowledge production is further underlined by contextualized maker activity geared towards fueling change, thereby challenging traditional modes of production and consumption, creative and cultural expression, structures of societal organization, ownership, access, intellectual property and copyright regimes, models of participative democracy, citizen science and civic governance in a process of Transformative Making or –what we call – ‘Transformaking’.

Transformaking: The International Summit on Critical and Transformative Making 2015 shall bring together makers, hackers, bricoleurs, educators, researchers, theorists, artists and designers to:

A Symposium to self reflect, debate and put forth views with regards to their respective practices and dissect various complexities and questions that surround the areas of Critical and Transformative Making.
An Exhibition on Critical Making featuring completed and contextualized projects and productions.
Produce a tangible outcome, of the first International Summit, that focuses on collating diverse views, practices and usable tools along with strategizing modes of academic publication and dissemination for furthering meaningful local transformations, globally.

For more details visit https://cis-india.org/a2k/blogs/transformaking-2015-international-summit-on-critical-and-transformative-making-yogyakarta

International Open Data Charter: Comments by CIS

sumandro — 2015-09-08T11:01:01Z

The second meeting of Stewards of the International Open Data Charter is in progress in Santiago, Chile, where the revisions made to the Charter based on the comments received during the public consultation period that ended on July 31, 2015, are being re-discussed and finalised by the Stewards. Here we are sharing the comments submitted by us on the first public draft of the Charter published during the International Open Data Conference in Ottawa, Canada, in May 2015. The comments include those submitted by Sumandro and Sharath Chandra Ram.

The draft International Open Data Charter and all the submitted comments can be accessed here: http://opendatacharter.net/charter/

Comments on the Public Draft

Note: The text below contains excerpts from the public draft of the Charter, followed by submitted comments in bold.

1) The world is witnessing the growth of a global movement facilitated by technology and digital media and fuelled by information – one that contains enormous potential to create more accountable, efficient, responsive, and effective governments and businesses, and to spur economic growth.

The word ‘movement’ can perhaps be replaced by ‘transformation.’ ‘Movement’ tends to suggest some kind of unity of purpose or objective, which is not perhaps what is meant here. Also, is it possible to add ‘transparent’ to ‘accountable, efficient, responsive, and effective’?

Open data sit at the heart of this global movement.

Perhaps ‘transformation’ and not ‘movement’.

2) Building a more democratic, just, and prosperous society requires transparent, accountable governments that engage regularly and meaningfully with citizens. Accordingly, there is an ongoing effort to enable collaboration around key social challenges, to provide effective oversight of government activities, to support economic development through innovation, and to develop effective, efficient public policies and programmes.

Perhaps insert ‘sustainable’ before ‘economic development’. In the second sentence, none of the action phrases (‘enable collaboration’ and ‘effective oversight’ and ‘innovation’ and ‘develop effective, efficient’) are speaking about either democracy or justice. The focus seems to be completely on effectiveness. Phrases like ‘transparent’, ‘accountable’, and ‘participatory’ should be introduced here.

Open data is essential to meeting these challenges.

The above point clarifies why ‘data is essential’ but not why ‘open data is essential’. The connection between democracy and justice on one hand, and open data on the other is not yet articulated clearly.

3) Effective access to data allows individuals and organisations to develop new insights and innovations that can generate social and economic benefits to improve the lives of people around the world, and help to improve the flow of information within and between countries. While governments collect a wide range of data, they do not always share these data in ways that are easily discoverable, useable, or understandable by the public.

Along with allowing ‘insights’ and ‘innovations’ to develop, can it also be highlighted that open data make decisions and processes transparent?

This is a missed opportunity.

I agree with above comments that it is perhaps better to articulate this not as ‘missed opportunity’ but to highlight this as the very ‘opportunity’ that the open data agenda is interested in capturing.

4) Today, many people expect to be able to access high quality information and services, including government data, when and how they want. Others see the opportunity presented by government data as one which can provide innovative policy solutions and support economic and social benefits for all members of society. We have arrived at a point at which people can use open data to generate value, insights, ideas, and services to create a better world for all.

This point may also mention that some people are interested in using government data to open up government decisions and processes and make them transparent, which is a necessary condition for making the government accountable.

6) Providing access to government data can drive sustainable and inclusive growth by empowering citizens, the media, civil society, and the private sector to identify gaps, and work toward better outcomes for public services in areas such as health, education, public safety, environmental protection, and governance. Open data can do this by:

Perhaps ‘democratic participation’ can be added after ‘sustainable and inclusive growth’. That is: ‘Providing access to government data can drive sustainable and inclusive growth, and democratic participation, by empowering citizens…’

7) Open government data can be used in innovative ways to create useful tools and products that help to navigate modern life more easily. Used in this way, open data are a catalyst for innovation in the private sector, supporting the creation of new markets, businesses, and jobs. These benefits can multiply as more private sector and civil society organisations adopt open data practices modelled by government and share their own data with the public.

The incentive for private sector and CSOs to open up data is not clear. Overall benefit may rise with them opening up data, but how does a private company / CSO benefit by opening up its data?

8) We, the adherents to the International Open Data Charter, agree that open data are an under-used resource with huge potential to encourage the building of stronger, more interconnected societies that better meet the needs of our citizens and allow innovation and prosperity to flourish.

Along with ‘stronger’ and ‘more interconnected’, please mention ‘more transparent’ and ‘more democratic’. Also it is not clear what is meant by ‘stronger’. ‘[B]etter meet the needs of our citizens’ does not necessarily suggest a more democratic or just society, but a more effective welfare distribution system. Please add ‘… and empower the citizens to ensure accountability of the government.’

9) We therefore agree to follow a set of principles that will be the foundation for access to, and the release and use of, open government data. These principles are:

Open Data by Default;
Quality and Quantity;
Accessible and Useable by All;
Engagement and Empowerment of Citizens;
Collaboration for Development and Innovation

Does it makes sense to remove the ‘Quantity and Quality’ point and merging it with ‘Accessible and Usable by All’? Data quantity and quality issues, along with those related to publication of data, can all logically follow under the topic of data access and use. For example, highly aggregated data published once a year without documentation is not really usable data.

10) We will develop an action plan in support of the implementation of the Charter and its Technical Annexes, and will update and renew the action plan at a minimum of every two years. We agree to commit the necessary resources to work within our political and legal frameworks to implement these principles in accordance with the technical best practices and timeframes set out in our action plan.

We (at CIS) strongly feel that the Charter should also prescribe that along with the national Action Plan, Open Data Citizen’s Charters are created for various levels and verticals of the government. This will clarify data publication responsibilities and targets at ministerial and sub-national (including city) governmental levels, and will allow for much more effective monitoring (national and international) of the Action Plan implementation process.

‘[A]t a minimum of every two years’ reads a bit unclear. Does it mean that the Action Plan should be renewed only after two years and not before, or that the Action Plan should be renewed every two years or before that?

11) We recognise that free access to, and the subsequent use of, government data are of significant value to society and the economy, and that government data should, therefore, be open by default.

Along with clarifying the scope of ‘government data,’ the idea of ‘open’ in the context of data needs a clear definition as an independent point. The document is getting into ‘open by default’ without clarifying what is ‘open’, including both necessary and sufficient conditions.

12) We acknowledge the need to promote the global development and adoption of tools and policies for the creation, use, and exchange of open data and information.

I agree with Mike Linksvayer. This is a great opportunity for the Charter to connect the open data agenda with the wider open agendas, especially that of free and open source softwares. It is very important that this point promotes ‘global development of free and open source tools’.

Extending the comment by Jose Subero, along with ‘tools’ and ‘policies’, it will be great to have a mention of ‘standards’ here, which is critical for ensuring ‘interoperability’ and thus ‘harmonisation’.

13) We recognise that the term ‘government data’ is meant in the widest sense possible. This could apply to data held by national, federal, and local governments, international government bodies, and other types of institutions in the wider public sector. This could also apply to data created for governments by external organisations, and data of significant benefit to the public which is held by external organisations and related to government programmes and services (e.g. data on extractives entities, data on transportation infrastructure, etc).

It is wonderful that the point promotes a wide understanding of ‘government data’ but at the same time it should also define a necessary core understanding of data, just to ensure that governments do not interpret this point too narrowly.

Further, a focus only on data created by public agencies can perhaps be too narrow (for the necessary/core understanding of ‘government data’). With public services delivered increasingly by private agencies and public-private-partnerships, it is crucial that ‘government data’ should explicitly include any data coming out of a process funded by public money (the process may be carried out by a public agency or not). This is an extremely important point from a developing country perspective.

14) We recognise that there is domestic and international legislation, in particular pertaining to security, privacy, confidentiality, intellectual property, and personally-identifiable and other sensitive information, which must be observed and/or updated where necessary.

From a developing country perspective, it is very important that the Charter does not keep this critical point dependent on domestic and international legislations. International legislation may not be very developed for all of the mentioned topics, and many countries may not have existing domestic legislations on these topics either. The Charter should mention an internationally acceptable list of concerns / criteria for not opening up data. The list may include the topics mentioned here, like privacy and national security. This need not be a list of sufficient criteria, but of necessary ones.

15) We will:

develop and adopt policies and practices to ensure that all government data is made open by default, as outlined in this Charter, while recognising that there are legitimate reasons why some data cannot be released;

'Administrative reforms’ are most often crucial to make government data ‘open by default, and the same should be mentioned along with ‘policies’ and ‘practices’.

provide clear justifications as to why certain data cannot be released;

This is a great point. Perhaps it can be added that all government agencies should produce a list of all data assets maintained by them, point out the ones that cannot be made open, and provide clear justification as to why those cannot be released. This comment pre-empts 19.1. Perhaps this point about providing justification for not releasing data can be merged with 19.1.

develop the leadership, management, oversight, and internal communication policies necessary to enable this transition to a culture of openness.

Along with ‘leadership, management, oversight, and internal communication’, is it possible to add ‘incentives’? This is often overlooked in implementing open data policies.

16) We recognise that governments and other public sector organisations hold vast amounts of information that may be of interest to citizens, and that it may take time to identify data for release or publication.

17) We also recognise the importance of consulting with citizens, other governments, non-governmental organisations, and other open data users, to identify which data to prioritise for release and/or improvement.

18) We agree, however, that governments’ primary responsibility should be to release data in a timely manner, without undue delay.

Points 16-18 seem to suggest that the ‘quantity and quality’ issue is mostly one of prioritisation. This can be misleading. This is perhaps the ‘quantity’ issue, but not at all the ‘quality’ issue.

19) We will:

...
release high-quality open data that are timely, comprehensive, and accurate in accordance with prioritisation that is informed by public requests. To the extent possible, data will be released in their original, unmodified form and at the finest level of granularity available, and will also be linked to any visualisations or analyses created based on the data, as well as any relevant guidance or documentation;

Please add ‘human- and machine-readable’ along with ‘timely, comprehensive, and accurate’.

Put ‘, and’ between ‘, and accurate’ and ‘in accordance’.

‘Relevant guidance or documentation’ should be mentioned before, and not after, ‘visualisations or analyses’.

ensure that accompanying documentation is written in clear, plain language, so that it can be easily understood by all;

Add that the documentation should be ‘comprehensive’, along with being written in plain language.

make sure that data are fully described, and that data users have sufficient information to understand their source, strengths, weaknesses, and any analytical limitations;

Regarding ‘Full description of data’ — Aggregate data must be accompanied by low level raw data along with details of analytical methods used to arrive at figures. This allows for verification as well as alternate views and detection of statistical anomalies.

ensure that open datasets include consistent core metadata, and are made available in human- and machine-readable formats under an open and unrestrictive licence;

Is this the necessary definition of ‘open data’? If so, it should be much higher up.

allow users to provide feedback, and continue to make revisions to ensure the quality of the data is improved as needed; and

This point should clarify if it is talking about making revisions of the data itself (its content), or how it is being published (its form), or both?

apply consistent information lifecycle management practices, and ensure historical copies of datasets are preserved, archived, and kept accessible as long as they retain value.

The ‘as long as they retain value’ part seems vague. Who is going to take this decision about value? Is it possible to rephrase this as ‘as long as they are demanded by data users’?

21) We recognise that open data should be made available free of charge in order to encourage their widest possible use.

Maybe ‘government data’ and not ‘open data’ (open data already means it is available gratis). Also, along with ‘free of charge’ maybe add ‘under open license’, as that is a critical requirement for ‘widest possible use.’

22) We recognise that when open data are released, they should be made available without bureaucratic or administrative barriers, such as mandatory user registration, which can deter people from accessing the data.

I strongly believe that this point should be removed. Registration of the data user can also be very useful for the government agencies to track demand and actual usage of their datasets. Instead of the government agencies doing such kind of tracking as a background process, it is much better if the data usage monitoring of all users is done transparently. Along with perhaps a public dashboard of data usages of the users of an open data portal. As long as the registration barrier does not involve an approval process by the government agency, it can be allowed.

A more general point should be added as part of this principle, regarding no-discrimination (or approval process) among data users interested in accessing and using of open government data.

23) We will:

release data in open formats and free of charge to ensure that the data are available to the widest range of users to find, access, and use them. In many cases, this will include providing data in multiple formats, so that they can be processed by computers and used by people; and

Please add ‘open license’ along with ‘open formats’ and ‘free of charge’.

24) We recognise that the release of open data strengthens our public and democratic institutions, encourages better development, implementation, and assessment of policies to meet the needs of our citizens, and enables more meaningful, better informed engagement between governments and citizens.

Perhaps add ‘, and makes them transparent’ after ‘strengthens our public and democratic institutions’. Please also add ‘monitoring’ along with ‘development, implementation, and assessment’.

25) We will:

implement oversight and review processes to report regularly on the progress and impact of our open data initiatives;

The functioning of these ‘oversight and review processes’ must be open and transparent themselves. The reporting should be public.

engage with community and civil society representatives working in the domain of transparency and accountability to determine what data they need to effectively hold governments to account; encourage the use of open data to develop innovative, evidence-based policy solutions that benefit all members of society, as well as empower marginalised groups; and

This must also include a point regarding the government proactively seeking data demands from citizens, CSOs, academics, and the private sector.

‘as well as empower marginalised groups’ is too vague. Perhaps it can be made into a separate point, and qualified with what kinds of empowerment is needed – from demanding data, to accessing and using data, to be aware of the data collected from such groups by the government agencies.

be transparent about our own data collection, standards, and publishing processes, by documenting all of these related processes online.

This should be part of point 19.

26) We recognise the importance of diversity in stimulating creativity and innovation. The more citizens, governments, civil society, and the private sector use open data, the greater the social and economic benefits that will be generated. This is true for government, commercial, and non-commercial uses.

The diversity point is almost already made with points 20-21 – widest possible users lead to widest possible use.

28) We will:

...
engage with civil society, the private sector, and academic representatives to determine what data they need to generate social and economic value;

This is also covered under the Principle 3.

provide training programs, tools, and guidelines designed to ensure government employees are capable of using open data effectively in policy development processes;

This should be part of Principle 1.

encourage non-governmental organisations to open up data created and collected by them in order to move toward a richer open data ecosystem with multiple sources of open data;

I agree with ABS. Why not ‘non-governmental organisations and the private sector’?

Also the document shifts back and forth between ‘civil society organisations’ and ‘non-governmental organisations’. If both mean the same in this document, then it should use only one.

General Comments on the Charter

1. Why not merge the Principle 4 and 5 so as to describe an overall situation of engagement and collaboration. The ends can be commercial acts or towards democratic practices, but the existing principles do not make much a difference between the two types of acts.

2. Further, can a new principle be added at the end that would address the implementation process of the Action Plan? Specifically, it should clarify how the implementation itself be an open process, with not only the Action Plan but annual reports regarding the status of implementation. This principle may connect to the work being done by the Implementation WG.

For more details visit https://cis-india.org/openness/international-open-data-charter-comments-by-cis

Data Flow in the Unique Identification Scheme of India

vidushi — 2015-09-03T17:02:44Z

This note analyses the data flow within the UID scheme and aims at highlighting vulnerabilities at each stage. The data flow within the UID Scheme can be best understood by first delineating the organizations involved in enrolling residents for Aadhaar. The UIDAI partners with various Registrars usually a department of the central or state Government, and some private sector agencies like LIC etc– through a Memorandum of Understanding for assisting with the enrollment process of the UID project.

Many thanks to Elonnai Hickok for her invaluable guidance, input and feedback

These Registrars then appoint Enrollment Agencies that enroll residents by collecting the necessary data and sharing this with the UIDAI for de-duplication and issuance of an Aadhaar number, at enrolment centers that they set up. The data flow process of the UID is described below:[1]

Data Capture

Filling out an enrollment form – To enroll for an Aadhaar number, individuals are required to provide proof of address and proof of identity. These documents are verified by an official at the enrollment center.

Vulnerability: Though an official is responsible for verifying these documents, it is unclear how this verification is completed. It is possible for fraudulent proof of address and proof of identity to be verified and approved by this official.

The 'introducer' system: For individuals who do not have a Proof of Identity, Proof of Address etc the UIDAI has established an 'introducer' system. The introducer verifies that the individual is who they claim to be and that they live where they claim to live.

Vulnerability: This introducer is akin to the introducer concept in banking; except that here, the introducer must be approved by the Registrar, and need not know the person bring enrolled. This leads to questions of authenticity and validity of the data collected and verified by an 'introducer'. The Home Ministry in 2012, indicated that this must be reviewed.[2]

Categories of data for enrollment: The UIDAI has a standard enrollment form and list of documents required for enrollment. This includes: name, address, birth date, gender, proof of address and proof of identity. Some MoUs (Memorandum of Understanding) permit for the Registrars to collect additional information in addition to what is required by the UIDAI. This could be any information the Registrar deems necessary for any purpose.

Vulnerability: The fact that a Registrar may collect any information they deem necessary and for any purpose leads to concerns regarding (1) informed consent – as individuals are in placed in a position of having to provide this information as it is coupled with the Aadhaar enrollment process (2) unauthorized collection - though the MOU between the UIDAI and the Registrar has authorized the Registrar to collect additional information – if the information is personal in nature and the Registrar is a body corporate it must be collected as per the Information Technology Rules 2011 under section 43A. It is unclear if Registrars that are body corporates are collecting data in accordance to these rules. (3) As Registrars are permitted to collect any data they deem necessary for any purpose – this leads to concerns regarding misuse of this data..[3]

Verification of Resident’s Documents: true copies of original documents, after verification are sent to the Registrar for “permanent storage.”[4]

Vulnerability: It is unclear as to what extent and form this storage takes place. There is no clarity on who is responsible for the data once collected, and the permissible uses of such data are also unclear. The contracts between the UID and Registry claim that guidelines must be followed, while the guidelines state that, “The documents are required to be preserved by Registrar till the UIDAI finalizes its document storage agency” and states that the “Registrars must ensure that the documents are stored in a safe and secure manner and protected from unauthorized access.” [5] The question of what is “unauthorized access”, “secure storage”, when is data transferred to the UIDAI and when the UIDAI will access it and why remain unanswered. Moreover, there is nothing about deleting documents once the MoU lapses. The guidelines in question were also developed post facto.

Data collection for enrollment: After verification of proof of address and proof of identity, operators at the enrolling the agency will be enrolling individuals. Data Collection is completed by operators at the enrolling agency. This includes the digitization of enrollment forms and collection of biometrics. Enrollment information is manually collected and entered into computers operating software provided by the UIDAI and then transferred to the UIDAI. Biometrics are collected through devices that have been provided by third parties such as Accenture and L1Identity Solutions.

Vulnerability: After data is collected by enrollment operators it is possible for data leakage to occur at the point of collection or during transfer to the Registrar and UIDAI. Data operators, are therefore not answerable to the UIDAI, but to a private agency; a fact which has been the cause of concern even within the government.[6] There have also been instances of sub contracting which leads to more complications in respect of accountability. Misuse[7] and loss of data is a very real possibility, and irregularities have been reported as well.[8] By relying on technology that is provided by third parties (in many cases foreign third parties) data collected by these devices is also available to these companies while at the same time the companies are not regulated by Indian law.

Import pre-enrolment data into Aadhaar enrollment client, Syncing NPR/census data into the software: The National Population Register (NPR) enrolls usual residents, and is governed by the Citizenship Rules, which prescribe a penalty for non disclosure of information.

Vulnerability: Biometrics does not form part of the Rules that govern NPR data collection; the Citizenship Rules, 2003. In many ways, collection of biometrics without amending the citizenship laws amounts to a worrying situation. The NPR hands over information that it collects to UIDAI, biometrics collected as part of the UIDAI is included in the NPR, leading to concerns surrounding legality and security of such data.

Resident’s consent: for “whether the resident has agreed to share the captured information with organizations engaged in delivery of welfare services.”

Vulnerability: This allows the UIDAI to use data in an almost unfettered fashion. The enrolment form reads, “‘‘I have no objection to the UIDAI sharing information provided by me to the UIDAI with agencies engaged in delivery of welfare services.” Informed consent, Vague. What info and with whom. Why is necessary for the UIDAI to share this information, when the organization is only supposed to be a passive intermediary? Does beyond the mandate of the UIDAI, which is only to provide and authenticate the number.

Biometric exceptions: The operator checks if the resident’s eyes/hands are amputated/missing, and after the Supervisor verifies the same, the record is made as an exception and only the individuals photograph is recorded.

Vulnerability: There has widespread misuse of this clause, with data being fabricated to fall into this category, making it unreliable as a whole. In March 2013, 3.84 lakh numbers were cancelled as they were based on fraudulent use of the exception clause. [9]

Operator checks if resident wants Aadhaar enabled bank account: The UID project was touted to be a scheme that would ensure access to benefits and subsidies that are provided through cash transfers as well as enabling financial inclusion. Subsequently, the need for a Aadhaar embedded bank account was made essential to avail of these benefits. The operator at this point checks whether the resident would like to open such a bank account.

Vulnerability: The data provided at the time of linking UID with a bank account cannot be corrected or retracted. Although this has the vision of financial inclusion, it is now a threat of exclusion.

Capturing biometrics- The UIDAI scheme includes assigning each individual a unique identification number after collecting their demographic and biometric information. One Time Passwords are used to manually override a situation in which biometric identification fails.[10] The UIDAI data collection process was revamped in 2012 to include best finger detection and multiple try method.[11]

Vulnerabilities: The collection process is not always accurate, in fact, 70% of the residents who enrolled in Salt Lake, will have to re-enroll due to discrepancies at the time of enrollment.[12] Further, a large number of people in India are unable to give biometric information due to manual labour, or cataracts etc.

After such data is entered, the Operator shows such data to the Resident or Introducer or Head of the Family (as the case may be) for validation.

Operator Sign off – Each set of data needs to be verified by an Operator whose fingerprint is already stored in the system.

Vulnerability: Vesting authority to sign off in an operator allows for signing off on inaccurate or fraudulent data. For example, the issuance of aadhaar numbers to biometric exceptions highlight issues surrounding misuse and unreliability of this function.[13]

After this, the Enrolment operator gets supervisor’s sign off for any exceptions that might exist, Acknowledgement and consent for enrolment is stored. Any correction to specified data can be made within 96 hours.

Document Storage, Back up and Sync

After gathering and verifying all the information about the resident, the Enrolment Agency Operator will store photocopies of the documents of the resident. These Agencies also backup data “from time to time” (recommended to be twice a day), and maintain it for a minimum of 60 days. They also sync with the server every 7-10 days.

Vulnerability: The security implications of third party operators storing information is greatly exacerbated by the fact that these operators use technology and devices from companies have close ties to intelligence agencies in other countries; L-1 Identity Solutions have close ties with America’s CIA, Accenture with French intelligence etc. [14]

Transfer of Demographic and Biometric Data Collected to CIDR

“First mile logistics” include transferring data by using Secure File Transfer Protocol) provided by UIDAI or through a “suitable carrier” such as India Post.

Vulnerability: There is no engagement between the UIDAI and the enrolling agencies; the registrars engage private enrolment agencies, and not the UIDAI. Further, the scope of people authorized to collect information, the information that can be collected, how such information is stored etc are all vague. In 2009, there was a notification that claimed that the UIDAI owns the database[15] but there is no indication on how it may be used, how this might react to instances of identity fraud, etc.

Data De-duplication and Aadhar Generation at CIDR

On receiving biometric information, the de-duplication is done to ensure that each individual is given only one UID number.

Vulnerability:

This de-duplication is carried out by private companies, some of which are not of indian origin and thus are also not bound by Indian law. Also, the volume of Aadhaar numbers rejected due to quality or technical reasons is a cause of worry; the count reaching 9 crores in May 2015.[16]
The MoUs promise registrars access to information contained in the Aadhaar letter, although individuals are ensured that such letter is only sent to them. [17]
General compliance and de-duplication has been an issue, with over 34,000 people being issued more than one Aadhaar number,[18] and innumerable examples of faulty Aadhaar cards being issued.[19]

[1] Enrolment Process Essentials : UIDAI , (December 13,2012), http://nictcsc.com/images/Aadhaar%20Project%20Training%20Module/English%20Training%20Module/module2_aadhaar_enrolment_process17122012.pdf

[2] UIDAI to review biometric data collection process of 60 crore resident Indians: P Chidambaram, Economic Times, (Jan 31, 2012), http://articles.economictimes.indiatimes.com/2012-01-31/news/31010619_1_biometrics-uidai-national-population-register.

[3]See: an MoU signed between the UIDAI and the Government of Madhya Pradesh. Also see: Usha Ramanathan, “States as handmaidens of UIDAI”, The Statesman (August 8, 2013).

[4]http://nictcsc.com/images/Aadhaar%20Project%20Training%20Module/English%20Training%20Module/module2_aadhaar_enrolment_process17122012.pdf

[5] Document Storage Guidelines for Registrars – Version 1.2, https://uidai.gov.in/images/mou/D11%20Document%20Storage%20Guidelines%20for%20Registrars%20final%2005082010.pdf

[6] Arindham Mukherjee, Lola Nayar, Aadhaar,A Few Basic Issues, Outlook India, (December 5, 2011), http://dataprivacylab.org/TIP/2011sept/India4.pdf.

[7] Aadhaar: UIDAI probing several cases of misuse of personal data, The Hindu, (April 29, 2012), http://www.thehindubusinessline.com/economy/aadhar-uidai-probing-several-cases-of-misuse-of-personal-data/article3367092.ece.

[8] Harsimran Julka, UIDAI wins court battle against HCL technologies, The Economic Times, (October 4, 2011), http://articles.economictimes.indiatimes.com/2011-10-04/news/30242553_1_uidai-bank-guarantee-hp-and-ibm.

[9] Chetan Chauhan, UIDAI cancels 3.84 lakh fake Aadhaar numbers, The Hindustan Times, (December 26, 2012), http://www.hindustantimes.com/newdelhi/uidai-cancels-3-84-lakh-fake-aadhaar-numbers/article1-980634.aspx.

[10] Usha Ramanathan, “Inclusion project that excludes the poor”, The Statesman (July 4, 2013).

[11] UIDAI to Refresh Data Collection Process, Zee News, (February 7, 2012) http://zeenews.india.com/news/delhi/uidai-to-refresh-data-collection-process_757251.html.

[12] Snehal Sengupta, Queue up again to apply for Aadhaar, The Telegraph, (February 27, 2015), http://www.telegraphindia.com/1150227/jsp/saltlake/story_5642.jsp#.VayjDZOqqko

[13] Chauhan, supra note 7.

[14] Usha Ramanathan, Three Supreme Court Orders Later, What’s the Deal with Aadhaar? Yahoo News, (April 13, 2015), https://in.news.yahoo.com/three-supreme-court-orders-later--what-s-the-deal-with-aadhaar-094316180.html.

[15] Usha Ramanathan, “Threat of Exclusion and of Surveillance”, The Statesman (July 2, 2013).

[16] Over 9 Crore Aadhaar enrolments rejected by UIDAI, Zee News (May 8, 2015).

[17] Usha Ramanathan, “States as handmaidens of UIDAI”, The Statesman (August 8, 2013).

[18] Surabhi Agarwal, Duplicate Aadhar numbers within estimate, Live Mint (March 5, 2013).

[19] Usha Ramanathan, “Outsourcing enrolment, gathering dogs and trees”, The Statesman (August 7, 2013).

For more details visit https://cis-india.org/internet-governance/blog/data-flow-in-unique-identification-scheme-of-india

CIS Human DNA Profiling Bill 2015

praskrishna — 2015-09-02T17:04:31Z

For more details visit https://cis-india.org/internet-governance/blog/cis-human-dna-profiling-bill-2015