Centre for Internet and Society

Internet becomes vernacular with relaunch of e-bhasha

praskrishna — 2015-04-03T05:49:42Z

With the relaunch of e-bhasha as a mission mode project, there is a fresh urgency to create content and technical solutions in Indian languages.

The article by Ankita Lahiri was published in Governance Now on March 23, 2015. Sunil Abraham is quoted.

Computer literacy is often linked to the knowledge of English. With the launch of the e-bhasha project, the government is hoping to make the internet more accessible. The project aims at providing computing tools in Indian languages, thus making government services available to a substantial part of India. These tools were developed more than a decade ago, but sadly remained non-utilised. However, the government has now decided to bring in the e-bhasha project under the umbrella of the national e-governance plan (NeGP) as a mission mode project (MMP).

The project that is being jointly driven by the department of electronics and information technology (DeitY) and technology development for Indian languages (TDIL), will be implemented in all departments across states and promises to provide all government services in 22 scheduled Indian languages. It will also provide a range of technical solutions, browsers and content in local languages. The multilingual aspect will ensure that government services have a wider reach and are accessible to citizens in local languages. The department hopes to get approval for the MMP by early next year.

Although TDIL has been finalised as the nodal implementing agency, the idea is to create a separate body, the centre of excellence (CoE) for localisation of Indian languages that will do the actual implementation on the ground level. Discussing the wing’s role, Swaran Lata, officer-in-charge, human-centred computing division, TDIL, told Governance Now: “We are like the backbone MMP. We will provide tools and solutions that can be used to generate the content in Indian languages. We will also provide standards and guidelines for the electronic governance domain. The final service delivery will be the responsibility of the various departments.”

Elaborating on how this platform can potentially transform the lives of the common citizen, Rajat Moona, director general, centre for development of advanced computing (C-DAC), said, “More people will get connected to government services now. It will bring the government closer to the citizen. The platform will change the way people carry out government services.” C-DAC has been working on local language computing and has been a key player driving the initiative on the technology front.

As an MMP, e-bhasha will have two main components: productisation and capacity building. The first step towards creating the e-bhasha platform will be the productisation. As Rajendra Kumar, joint secretary, DeitY, pointed out, “E-bhasha is all about the use of computing tools in Indic languages. It is about the productisation of these software tools, which means the ultimate utilisation of these tools for the end user.” In order to fully implement the MMP, proper training as to how to implement it at the ground level has to be given. The capacity building module of the MMP aims to train both the government departments as well as their technical teams. The training will be implemented jointly by DeitY and TDIL.

Commenting on the need for capacity building Lata said, “People still don’t have the skills to develop applications in multilingual or bilingual languages.” The training will be given through classroom sessions and various trouble shooting groups. Lata explained that applications will be classified in two groups – new projects and continuing projects. For each group the challenges will be different. For pre-existing applications, the entire application might have to be rewritten since the application as such might not have any provision for local languages. “The localisation of applications will vary according to the existing applications,” she said.

After this, content in these languages will be generated by various institutes and research and development organisations. Explaining that the service delivery framework for the MMP has already been designed, Rajendra Kumar said that the centre will extend total support to all the states in implementing the project.

Where India stands

Work to provide support in the form of tools and content in Indic languages has been going on in the country for more than two decades. C-DAC has been involved in this since 1988. The centre has been working towards developing tools that support Indic languages. Moona said, “We have been supporting Indic languages since 1988, whether it is from left to right or vice versa and languages with multiple fonts, like Konkani.

“As an integral part of the e-bhasha MMP, the centre will provide software tools that will facilitate the citizen in accessing government services in the local languages,” Moona said adding that, “Through the tools, we provide localisation support of government services. We provide government frontend in local languages. That is what the e-bhasha MMP is all about.”

C-DAC has already developed a number of solutions that support the Indic languages including a mobile touch keypad that can be downloaded from its website. Further a screen reader and various templates are also available. “The keyboard is slowly disappearing. We have a touchscreen that supports 27 Indic languages,” Moona said.

One of the key initiatives by TDIL has been in the form of the Sakal Bharti font, a type of open font format (OFF). It is a standard font, applicable to all the 22 schedule languages, irrespective of the platform, programme and language. It allows one to view and edit any document without any loss of data. Similar efforts have also been made by private players in creating the required tools to increase the reach the Indian languages. The Centre for Internet and Society (CIS) has launched several initiatives, including translating Wikipedia in regional languages and creating screen readers that support indigenous languages.

With the increase in internet penetration and the resulting increase in demand, private players, including digital giants Google and Microsoft, have joined hands to promote content in Indian languages. The initiative called the Indian languages Internet Alliance (ILIA) was launched by Google to cater to the Hindi-speaking population by providing content and solutions. Launched around the same time as the e-bhasha project, the two projects are expected to complement each other.

“It is heartening to see support from the government for this initiative. The initiative would shape the thinking around the government’s e-bhasha initiative and we are happy to partner with the government around the three pillars of e-bhasha: e-governance, e-education and culture,” said a Google spokesperson.

In support of the private initiatives that are coming up, Lata explained that an ecosystem has been built. “What happens is that in areas where it is not commercially beneficial, it has to be the government which steps in first. I think the government has received a wake-up call in terms of both e-governance as well as languages.”

The chicken or the egg?

The resources have been available with the government for the last two decades, yet it is only now that the push for local languages has got the attention it much needed. According to Kumar, while C-DAC has been involved in developing these tools and their language department, GIST, has been around for at least 15 years the implementation in e-governance did not happen.

Lata further elaborated, “It is not the correct perspective to say that the localisation of languages is just a frontend issue. It is an architectural issue and a language solution should enable people to search access and retrieve data in the local languages.”

The surge in the number of users as well as the new government’s heightened interest in electronic governance has created an increased demand. “The push for Indian languages has been there for a long time. Many government websites are bilingual (English and Hindi). However, with the introduction of electronic governance a lot of activities have been happening. The need for Indian languages has become much higher,” Moona said. “It is an evolutionary process. Internet governance is still a new thing in India, it is only after its introduction that the tools and support for local languages has been required.”

Sunil Abraham, executive director, CIS, said, “Creation of Indic content cannot be left to a single government entity. It needs massive effort from all concerned stakeholders. The reason that there is very little Indic content online is because most internet users today either are comfortable using English or don’t have sufficient purchasing power to sustain different business models. As more and more Indians come online, more and more businesses will begin to leverage Indic content. However, focused and enlightened investments by the government would be very useful in helping Indic languages catch up on the internet.”

With Indic languages receiving a push from both the government and private players, it might just be time that the internet really becomes a tool for everyone.

For more details visit https://cis-india.org/internet-governance/news/governance-now-march-23-2015-ankita-lahiri-internet-becomes-vernacular-with-relaunch-of-e-bhasha

Mobile App Developer Series: Terms of Agreement – Part IV

samantha — 2015-04-03T08:26:27Z

The following is Part Four in a series reporting on interviews conducted with 10 of Bangalore's mobile app developers and other industry stakeholders. Through this research, CIS attempts to understand how the developers interviewed engage with the law within their practice, particularly with respect to IP. Here we examine different attitudes and work practices related to contracts agreements and developer culture in the legal realm.

We left off in our blog series considering the reported reasons why one would protect their mobile app by intellectual property means and how they relate back to (or contradict) their values as a mobile app developer in India. Here, we would like to get into more of the nitty gritty of contracts—which clauses are most important to mobile app developers, and what they think of them—followed by a cultural interpretation of the dynamics of this developer community with respect to contracts, and then lastly, a look at copyright, more generally.

Contracts in mobile app developing services

Previously, we shed light on the tendency for mobile app developers, in India particularly, to create mobile apps or mobile app components for clients, often overseas, within a work-for-hire agreement. Within such an agreement, the rights to (or ownership over) one's work is generally handed over to the client the moment the code comes into creation. Simply put, if paid to carry out a particular project, whatever is created within the project belongs to the client.

This is not the only instance where we encounter contract agreements in the mobile app ecosystem, however. For startups where team players are small in number, it is likely that all will have access to any contract agreements entered into with clients. For larger corporate software developer firms, there may be a specialized department for legal-related matters. In such cases, the mobile app developers themselves would seldom lay eyes on the legalese of contracts, for the primary reason being that it doesn't concern them. Instead, the terms of agreement more familiar to them would be those that they obliged to upon working for their employer.

However, after conversing with multiple stakeholders within India's mobile app space, what we came into understanding is that the importance of contract agreements for mobile app developers may be generally underestimated by the developers—both from within the startup to the corporate employer.

Clauses of caution

Within a work-for-hire agreement, it is commonplace for developers to enter into restrictive agreements that obstruct the freedoms of what they can do with the code created for the client. Across interviews with developers in startups and SMEs working for clients, this seemed to be a prevalent problem. Problematic areas proved to be those related to the time periods in which the developer was not allowed to take up future work for competing clients (i.e. the non-compete clause), or could not talk about their work for the client at all (the “quiet period”).

Designer, Rahul Gonsalves explains how these areas of their contracts with clients may impact his team at Uncommon: “The non-compete and the quiet periods are the two bits which are most germane to us, because if I can’t do work for a year in the same area, that impacts my ability to run my company.” Fortunately, Gonsalves says that less frequently are they obliged into quiet periods—in which they would not be able to talk about the work they do for their clients—as this poses an even bigger problem when trying to keep a portfolio for prospective clients, or when writing or speaking on behalf of their experience at conferences.

On several occasions Gonsalves and his team have tried to license their work to clients while retaining ownership... without much luck. “Clients typically do not want a perpetual license, but complete ownership.” Gonsalves goes on in explaining that, “this means they could make a derivative work or use it for another project. Depending on how bad we want the project, we'll work out some middle ground.” But it does not seem to be so easy for he and his SME to do so: “The thing about contracts is it’s all about a sort of differential bargaining power that the two parties have... you’ll have very little control about what happens once you’ve got paid.”

“The thing about contracts is it’s all about a sort of differential bargaining power that the two parties have... you’ll have very little control about what happens once you’ve got paid.”

Contract confusion

To have any sort of bargaining power within a work-for-hire arrangement requires a lot of time for negotiating, and the space for communication to begin with. In many cases, contracts may not even be introduced into a work agreement, leaving a lot of intricacies to the unknown.

“Getting these things down in a legal document is a big deal. It matters,” says Aravind Krishnaswamy of Levitum. The topic came up while speaking about the process of creating the content for one of his startup's apps, which entailed arranging contracts with several third parties involved in. Krishnaswamy and his team did so to ensure that they retained ownership (or co-ownership) over all of the content featured within their app, which features instructional videos on Indian music.

Another developer interviewed, Naveen*, shared with us his experience coming out of college and into employment. Upon joining his first employer, who happened to be a large company, he along with the new “batch” of employees attended a legal session within their training, “but that was Greek and Latin to us then,” he jokes. “We were fresh out of college and had no idea what a software license was... and it was after lunch, so everyone was sleeping.”

Lucky for Naveen, he didn't need to deal with that area too much, as his employer had a legal team to take care of such matters when it came to transactions with clients or third parties. For his current employer, on the other hand, Naveen explained that he could not recall the terms of his employment, as it had been a very long time ago when he signed his employment contract.

Not a contract culture?

Naveen suggests that the problem is one of contract-illiteracy, or simply not having the background knowledge to truly understand the legal facets of the industry, especially as you move away from India's entrepreneurial hubs: “In tier 1 cities, like Bangalore or Chennai, the colleges and students do have some knowledge about open source, licensing and terms, but when you go to tier 2 cities, that's where the problem is.”

But is anyone contract-literate anyway? With the exception of lawyers or legal departments, of course, don't we all have the immediate impulse to click “Next” or sign our signature as soon as we see the words “User Agreements” followed by infinite paragraphs in the smallest font?

However, for the developer in the increasingly-complex mobile app space with numerous parties and transactions involved, terms of contractual agreements may dictate everything from whether one can develop for competing clients, to whether an employee can contribute to open source projects on their own time. Still think that reading those clauses are a waste of time?

We are not arguing that the fact that the developer community seems to be far removed from “contract culture” is in itself a bad thing. As Jayant Tewari of Outsourced CFO & Business Advisory Services asserts: “How mobile app developers regard IP laws—or better yet, disregard—is fine for their sake.” What they must instead learn is to maneuver the landscape to avoid troubles as best as possible.

A good way of going about it, however, may be to begin with the agreements that a developer is already committed to—with clients, employers, and third parties, alike. One should be able to articulate: What is expected of me? Within what limitations? What am I not allowed to do?

Better familiarizing oneself with one's own responsibilities and commitments may be the first step for a mobile app developer to educating him- or herself and become aware of what sort of choices could stir about conflicts in the future, potentially threatening their relationships, reputation, or even livelihood.

But is it even possible to comply to all of the rules of the game?

Within such an overcrowded industry, creation and innovation does not occur in a vacuum, and as a result, many may adjust their own creations as they see fit, according to whatever ways are most convenient and carry out the best function. But at what cost—or more appropriately, what risk?

The next, and final of this blog series will shed light on responses given across interviews to the question of infringement. Here, we intend to connect the dots between the legal practices of mobile app developers and cases of infringement. We hope that after examining such numerous and wide sweeping—yet interconnected—facets of how mobile app developers in India engage with the law within their work, we will be able to comprehensively illustrate the role that these developers play in this economy, and ultimately, pass judgement on the laws that govern this space.

For more details visit https://cis-india.org/a2k/blogs/mobile-app-developer-series-terms-of-agreement-iv

Intellectual Property Rights — Open Access for Researchers

nehaa — 2015-03-24T01:22:20Z

In the year 2013, Nehaa Chaudhari had worked on a module on Intellectual Property Rights for United Nations Educational, Scientific and Cultural Organization (UNESCO)'s Open Access Curriculum (Curriculum for Researchers) as part of a project for the Commonwealth Educational Media Centre for Asia. UNESCO published the module this year. Nehaa Chaudhari and Varun Baliga were among the Module preparation team. Nehaa Chaudhari was the writer for Units 1, 2 and 3: Understanding Intellectual Property Rights, Copyright and Alternative to a Strict Copyright Regime.

This publication is available in Open Access under the Attribution - ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/igo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open-access/terms-use-ccbysa-en).

Module Introduction

Intellectual Property Rights (IPR) are set of rights associated with creations of the human mind. An output of the human mind may be attributed with intellectual property rights. These are like any other property, and the law allows the owner to use the same to economically profit from the intellectual work. Broadly IPR covers laws related to copyrights, patents and trademarks. While laws for these are different in different countries, they follow the international legal instruments. The establishment of the Wold Intellectual Property Organization (WIPO) has established the significance of IPR for the economic growth of nations in the knowledge economy.

This module has three units, and while the Unit 1 covers the basics of IPR, Unit 2 expands in detail the components of copyright and explains the origins and conventions associated with it. Unit 3 discusses the emergence of liberal licensing of copyrighted work to share human creation in the commons. In the last unit, we discuss the Creative Commons approach to licensing of creative works within the structures of the copyright regime that permits the authors to exercise their rights to share in the way they intend to. Creative Commons provides six different types of licenses, of which the Creative Commons Attribution license is the most widely used in research journals part of the Open Access framework.

At the end of this module, you are expected to be able to:

Understand intellectual property rights and related issues
Explain copyright, authors’ rights, licensing and retention of rights; and
Use the Creative Commons licensing system

Acknowledgements

Nehaa would like to thank Varun Baliga and Anirudh Sridhar for their research and writing support in Unit 1, and Samantha Cassar for Unit 2.

Click to download the PDF containing the Modules. Also read UNESCO’s Open Access (OA) Curriculum is now online

For more details visit https://cis-india.org/a2k/blogs/unesco-nehaa-chaudhari-march-19-2015-communication-and-information-resources-news-and-in-focus-articles-unesco-open-access-curriculum-is-now-online

Announcing the dates, theme and tentative tracks for the Global Congress on Intellectual Property and the Public Interest 2015

sinha — 2015-03-19T06:34:53Z

We are pleased to announce that the Global Congress will be held from 15th-17 December 2015. The theme of the 2015 Global Congress is Three Decades of Openness; Two Decades of TRIPS. The four tentative tracks include Openness, User Rights, Access to Medicines, and Intellectual Property and Development.

Save the date: 15th (Tuesday) to 17th (Thursday) December, 2015 (both dates inclusive) [and 18th (Friday) December, 2015]

This year's Congress will be held over three days, from the 15th to the 17th of December, 2015 (both dates inclusive). Additionally, the venue will be reserved for an extra day (18th Dec, 2015) to accommodate non-scheduled follow up discussions, spillovers and allow for individually organized meetings/discussion sessions.

Theme

The theme for the Global Congress is Three Decades of Openness; Two Decades of TRIPS. Discussions in all tracks, as well as cross track conversations will be tailored around this theme.

Tentative Agenda

Day 1 of the Congress (15th December, 2015) will be open to all interested participants, including representation from the government, the judiciary, industry, academia, research/advocacy/policy organizations and any others. However, Days 2 and 3 of the Congress (16th and 17th December, 2015, respectively) shall comprise closed-door sessions, open only to participants registered/invited for the Congress. An additional day (Day 4 - 18th of December, 2015) has been set aside for smaller meetings and discussions on existing or potential collaborations between participants; to continue conversations begun on Days 1, 2 and 3; or to have meetings/presentations/discussions which we might not be able to strictly accommodate within the agenda.

Tracks and the 'Room of Scholars'

Proposed tracks include the following:

1. Openness
2. User Rights
3. Access to Medicines
4. Intellectual Property and Development.

These may be modified based on funding and logistics. We shall put out more updates on funding, proposed agenda for each track and track leaders as soon as possible.

This year's Congress will also feature an additional 'Room of Scholars'. As in the past three editions of the Congress, since discussions in track sessions might be tailored towards evidence based policy making, a need was felt to create a space for academic conversation as well. 'The Room of Scholars' has been conceptualized as that cross-cutting space, not restricted to a particular track. but as running along side them. The 'Room of Scholars' will be an opportunity for the presentation of longer, more detailed academic research papers.

Venue - National Law University, Delhi.

National Law University, Delhi (http://www.nludelhi.ac.in/) shall be the venue for this year's Congress. Google Map Location - https://www.google.co.in/maps/place/National+Law+University/@28.599374,77.023701,15z/data=!4m2!3m1!1s0x0:0x14217e8eec6152fa

Accommodation

We're negotiating discounted rates with various accommodation options close to the venue. We shall inform you as and when we have more updates.

About the Global Congress on Intellectual Property and the Public Interest

The Global Congress on Intellectual Property and the Public Interest was instituted in 2011 at Washington D.C. Since its inception, three editions of the Global Congress have engaged national and international governmental entities, the private sector, civil society, and academia in providing perspectives and future scenarios for intellectual property, innovation and development.

You may contact the following CIS members to send in your queries and suggestions for the event:

CIS Global Congress Planning Team

Swaraj Paul Barooah- swaraj,barooah@gmail.com
Nehaa Chaudhari- nehaa@cis-india.org
Anubha Sinha- anubha@cis-india.org
M.P. Nagaraj- nagaraj@cis-india.org
Maggie Huang- maggie@cis-india.org
Pranesh Prakash- pranesh@cis-india.org
Rohini Lakshane- rohini@cis-india.org
Sunil Abraham- sunil@cis-india.org

For more details visit https://cis-india.org/a2k/announcing-the-dates-theme-and-tentative-tracks-for-the-global-congress-on-intellectual-property-and-the-public-interest-2015

TRAI-ing Times: The Story So Far

tarun — 2015-03-30T13:32:13Z

24th December, 2014 marked a pivotal moment in the Indian experience with network neutrality. On this date, one of India’s largest telecom players, Bharti Airtel, announced the introduction of a new ‘VoIP’ usage policy for its mobile users.

Under this policy, usage of VoIP services would henceforth be excluded from standard data usage packs and would instead be charged at standard data rates (of 4p / 10KB on 3G and 10p / 10KB on 2G).^{^[1]} Alongside this modification to 2G and 3G packs, a separate data pack exclusively for VoIP services was to be introduced. ^{^[2]}

The flurry of activity the announcement precipitated included widespread consumer and civil society outrage^{^[3]}, a statement by the Union Minister for Telecom^{^[4]}, a justificatory counter-statement by Airtel itself^{^[5]} and ultimately, a statement by TRAI. ^{^[6]} While it remains to be seen whether this was a calculated move by Airtel to kick-start the neutrality discussion in India (as some suspect^{^[7]}), the implementation of the new policy/pack was deferred pending TRAI's proposed consultation paper on OTT services. ^{^[8]}

In the context of the impending (though seemingly delayed^{^[9]}) release this paper, we take this opportunity to study TRAI-linked output on network neutrality in the past. This study was carried out using RTI requests [Part I] and targeted keyword searches of the TRAI website [Part II].

Information received through RTI requests

We had filed the following request under the Right to Information Act, 2005 on the subject and net neutrality and any material available with them generated in the course of internal or other discussions:

Request for Information under the Right to Information Act, 2005 To Shri V.K.Saxena Dy. Advisor (GA.) & Central Public Information Officer-LO Telecom Regulatory Authority of India Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, New Delhi-110 002 Date of application : 08-10-2014 Subject: Documents relating to Network Neutrality 1. Please provide a list of all the consultations/discussions/meetings that have taken place with respect to network neutrality by TRAI. 2. Please provide a list of all responses received by TRAI which concern network neutrality. 3. Please provide a list of other documents/memos/minutes regarding network neutrality available with TRAI. 4. Does TRAI possess power to punish ISPs for violating principles of network neutrality? If so, please mention the provision of law which permits this. 5. What measures are taken by TRAI to monitor network neutrality violations by ISPs? For example, throttling of internet content/protocols. 6. What is the procedure for a consumer to file a complaint with TRAI regarding network neutrality violations? 7. Please provide copies of any documents regarding complaints received / action taken with respect to network neutrality violations in the past three years. It is certified that I am a citizen of India and that I do not fall within the BPL category. I am enclosing Rupees thirty (Rs. 10) towards the application fee and photocopying costs under the RTI Act for the information and documents requested. Kindly inform me at the address stated below if any further fees are required to be paid. Applicant : Signature of the Applicant Tarun Krishnakumar Centre for Internet and Society 194, 2nd C Cross Road, Domlur II Stage, Bangalore - 560071

____________________________________________________________________________________________________________________________________________________________________________________

In response to the same, we received the following reply which smacked of non-application of mind by the concerned officer to the request:

To, Shri Tarun Krishnakumar Centre for Internet and Society 194, 2nd C Cross Road, Domlur II Stage Bangalore (Karnataka) - 560071. SUBJECT: REQUEST FOR SUPPLY OF INFORMATION UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT, 2005. Sir, Please refer to your application dated 08.10.2014 , seeking information under the provisions of the Right to Information Act, 2005 regarding Network Neutrality related matter. It is informed that the information sought by you vide the above referred application is not available in TRAI. The Appellate Authority in TRAl under section 19 (1) of the "Right to Information Act, 2005" is Shri Suresh Kumar Gupta, Pr. Advisor (CA&QOS), Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawaharlai Nehru Marg, Old Minto Road, New Delhi-110 002, Tele:011- 23216930, Fax : 011- 23235270. Yours faithfully, (V.K. Saxena) Central Public Information Officer (LO) Tele: 011-23211622

____________________________________________________________________________________________________________________________________________________________________________________

In reply, we filed the following appeal with the designated Appellate Authority:

Appeal under the Right to Information Act, 2005 To : Appellate Authority Shri. Suresh Kumar Gupta, Pr. Advisor (CA and QoS), Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, New Delhi - 110002 Date: 23.11.2014 Subject: Appeal under Section 19(1) of the Right to Information Act, 2005 with reference to your reply No. 1(658)/2014-RTI dated 10.11.2014 Dear Sir, I write to you with reference to my RTI Application dated 08.10.2014 for information relating to 'network neutrality' held by TRAI. The CPIO, Shri. V.K. Saxena, rejected my request vide letter no. 1(658)/2014-RTI dated 10.11.2014 stating that " the information sought by you vide the above referred application is not available in TRAI." (enclosed herewith). As the applicant, I am unsatisfied and aggrieved by the above decision and hereby appeal against the same. Circumstances and Grounds of Appeal : By way of my application (enclosed herewith), I sought any and all information held by TRAI in relation to 'network neutrality'. For example, questions 1 - 3 queried the list of consultations etc. that have taken place involving network neutrality and sought copies of all documentation pertaining to the same. The other questions sought information pertaining to the powers of TRAI in relation to internet service providers and complaints received by it in relation to network neutrality. I submit that the failure of the CPIO to provide any answer to my queries is erroneous and therefore liable to be set aside on appeal to you. It is well-documented that there is at least one consultation connected with the subject-matter of my application i.e. 'network neutrality' released by TRAI in December 2006 (Paper No. 19/2006). In fact, the paper is currently available on the TRAI website at the following URL: http://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/consultation27dec06.pdf (Please see heading 3.6 and 3.7). Therefore, if nothing else at least all information pertaining to this paper including the responses received to the question under Heading 3.7 must be supplied to me. You may also take note of TRAI's "Recommendations on Application Services" (available at URL: http://www.trai.gov.in/writereaddata/recommendation/documents/as140512.pdf ) dated 14.05.2014 where paras 1.29 - 1.31 pertain to net neutrality. This is another document that the CPIO failed to take notice of. The failure of the CPIO to even acknowledge the existence of TRAI's own papers as cited above shows that there has been no application of mind to my application and a mechanical denial has been issued. Prayer : In light of the grounds advanced above, I request that: i. My application for all information pertaining to 'network neutrality' be allowed and the relevant documents be released to me. ii. I receive a question-by-question response to each of my queries. List of Enclosures: 1. Original Application dated 08.10.2014 2. Reply of CPIO No. 1(658)/2014-RTI dated 10-11-2014 Name of Appellant/Applicant and Address : Tarun Krishnakumar Centre for Internet and Society 194, 2nd C Cross Road, Domlur II Stage, Bangalore - 560071

____________________________________________________________________________________________________________________________________________________________________________________

The appellate authority vide dated decision 12-01-2015 replied as follows:

BEFORE THE APPELLATE AUTHORITY UNDER THE RTI ACT, 2005 F. No. 1(658)/2014-RTI Telecom Regulatory Authority of India Mahanagar Door Sanchar Bhawan, Jawaharlal Nehru Marg (Old Minto Road), New Delhi-110002. APPEAL in terms of Section 19(1) of RTI Act, 2005 Date of Decision: 12th January, 2015 In the Matter of: SHRI TARUN KRISHNAKUMAR, CENTRE FOR INTERNET AND SOCIETY, 194, 2nd C CROSS ROAD, DOMLUR ll STAGE, BANGALORE (KARNATAKA)-560071 vs CPIO, TRAI. Shri Tarun Krishnakumar has preferred the present appeal dated 23.11.2014 against the reply of CPIO, TRAI, communicated to him vide letter No. 1(658)/2014-RTI dated 10.11.2014 in response to his application dated 08.10.2014 under the RTI Act. I have gone through the appellant's application dated 08.10.2014 addressed to the Central Public Information Officer, Telecom Regulatory Authority of India (TRAI), the reply dated 10.11.2014 given to the appellant by the CPIO and the present appeal. The appellant had requested for information regarding Network Neutrality and related matter. Since the said information was not available with the Public Authority, TRAI, the CPIO. TRAI informed this to the appellant. The appellant, however, not being satisfied with the reply has filed this appeal. Upon examination, it was noticed that the consultation paper on "Review of Internet Services" issued on 27'" December, 2006 has a reference to Net Neutrality in Chapter 3-Emerging Trends. Therefore, the concerned division has uploaded the comments received in response to the 2006 consultation paper for the information of stake holders, the same is available in TRAI website under the link http://www.trai.gov.in/content/consultation_ViewCommentDescription/144_11_ViewCommentDescription.aspx . Further, the "Recommendations on Application Services" was issued on 14.05.2012 and is available on TRAI website. There is no additional information which can be provided to the appellant at this stage. In view of the above, the appeal is accordingly disposed. Let a copy of this order be sent to the appellant. Sd/- (Suresh Kumar Gupta) Appellate Authority, TRAI Under RTI Act, 2005

This reveals the extent of TRAI-produced output on the issue of 'net neutrality'. Besides a reference to Neutrality in 2006 paper TRAI did not disclose any other instance where it had discussed the issue.

_________________________________________________________________________________________________________________________________________________________________________________________

Targeted Keyword Searches of the trai.gov.in website

This leg of the survey consisted of conducting targeted keyword searches of the trai.gov.in website to gauge the engagement with the subject of Network Neutrality either in the form of TRAI Output, Submissions to TRAI or other outputs (from seminar, conferences etc.). The results - aggregated using Google and Bing - have been tabulated.

Note: The results do not include the OTT Consultation Paper of 27-03-2015.

Methodology : Keyword searches of specific website using the advanced search / site-search search operator ("KEYWORD + site:<URL>"); Repeated Hits were not tabulated.

i. Keyword: "Net Neutrality"

Total No. of search results returned = 10 (Google), 6 (Bing)

Relevant Hits: 8

	Hit URL		Name of Document	Date	Relevant Page		Remarks
1.	http://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/consultation27dec06.pdf		Consultation Paper on "Review of Internet Services" (No. 19/2006)	26-12-2006	References at Pg. 27-28.		Views were sought in relation to emerging trends one of which outlined was 'Net Neutrality.' Selected Extracts: " 3.6.2 The situation may also rise in India as Internet access providers may use their market power to discriminate against competing applications and/or contents. " " 3.6.3 The issue of net neutrality in the long term can threaten popularity of Public Internet based Internet telephony and similar 28 other applications as all the intermediate Internet providers may start asking commercial agreements in absence of which they may refuse to carry the content and provide desired quality of service. The future developments are likely to have new applications and contents. The business models of ISPs are concentrated around useful application. In this background views of stake holders are required whether regulatory intervention is needed to ensure net neutrality in India in times to come or it may be left to market forces. "
2.	http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/201410221229242471860Vodafone_Delivering%20Broadband%20quickly_Counter_21Oct2014.pdf		Vodafone's counter-response to TRAI's Consultation paper on 'Delivering Broadband Quickly'	22-10-2014	References at Pg. 3-4.		Here, Vodafone pledges support for an 'open internet' for all however comments " net neutrality has long been a solution in search of a problem" and criticises EU framework.
3.	http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/20120730022807389860713.Etisalat[1].pdf		Response of Etisalat DB to Pre-consultation paper on "IMT-Advanced (4G) Mobile wireless broadband services"	15-04-2010	References at Pg. 2 (Paragraph 12).		Etisalat notes that net neutrality is a topic that requires deliberation in reference to the proposed consultation paper on 4G. It defines neutrality as "Avoiding blockage of any specific web site on a particular network".
4.	http://www.trai.gov.in/WriteReadData/Recommendation/Documents/recom18aug08.pdf		TRAI Recommendations on "Issues relating to Internet Telephony"	18-08-2008	References at Pg. 46 and 78		At Pg. 46: " The very popularity and success of the Internet is due to Net neutrality, i.e packets of all services and applications shall be processed and delivered without any discrimination by the intermediate service providers." At Pg. 78: " Regulation in Argentina considers IP as a mere way to offer telecommunication services, such as telephony in the form of VoIP, thus there are no legal barriers that impede market access or any plans to regulate different types of the service. Any provider is free to offer telecommunication services with different technologies and network architectures, based on the network neutrality principle…"…" The foreign investment policy is liberal and there are no distinctions between local and foreign companies. According to the network neutrality principle, there are no regulated technological standards or protocols for VoIP "
5.	http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/201412300449107784040Dr%20Rohit%20Prasad.pdf		Response to the Consultation Paper (No: 13/2014) on "Interconnect Usage Charges" filed by (i) Dr. Rohit Prasad, Professor, Management Development Institute, Gurgaon (ii) Mansi Kedia, Researcher, Indian Council for Research on International Economic Relations (ICRIER) (iii) Dr. V. Sridhar, Professor, International Institute of Information Technology Bangalore		Reference at Pg.7		Raises the question of Net Neutrality with reference to OTT services. At Pg. 7: "… Since an Internet Telephony call is a partial OTT service (i.e. from the origin until it hits the IP-Telco gateway), should Net Neutrality principles (as and when drafted) should be applicable for this as well. The above question, can be taken up when the Net Neutrality rules or OTT regulation rules are framed by the regulator. "
6.	http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/2.Infotel_Broadband..pdf		Response of Infotel Broadband Services Ltd to Consultation Paper on "Mobile Value Added Services" (CP 05/ 2011)	11-08-2011	Reference at Pg. 3		Opposition to Licensing regime for Internet Content and Application Providers: At Pg. 3: " 3. Internet/ Data Applications do not depend on Telecom Operator, and are not licenced in open mature countries The need to exercise restraint on regulation is stronger in the case of data/ internet services. In the case of VAS on data/ internet services, VASPs have no technical dependence on Telecom/ Internet Service Provider for providing the service, as the data connection is generally a dumb pipe. For some services, VASPs choose to partner Telecom Operators for billing convenience (as in the case with currently provided Games-on-Demand service and Anti-virus services over Broadband). Globally, Internet Application Companies and Regulators mostly operate on a net neutrality approach, wherein a broadband application is accessible across Telecom/ Internet Service Providers. Thus, especially in the case of data services, there is no case to govern a relationship/ arrangement that has no technical necessity. Licencing Regime for Internet Content and Application providers, like portals, e-commerce, etc is not in practice in any of the open countries and should not be introduced in India too."
7.	http://trai.gov.in/WriteReadData/ConsultationPaper/Document/201308221249488827971vodafone-final3.pdf		Response to Vodafone to Consultation Paper on "Valuation and Reserve Price of Spectrum"	21-08-2013	Reference at Pg. 11		Reference irrelevant / not-substantive.
8.	http://www.trai.gov.in/writereaddata/recommendation/documents/as140512.pdf		TRAI Recommendations on "Application Services"	14-05-2012	References at Pg.18 and 19.		At Pg. 18: " 1.29 Net neutrality advocates no restrictions by Service Providers on content, sites, platforms, on the kinds of equipment that may be attached, and no restrictions on the modes of communication allowed. Issue of net neutrality started in early 2007 when it was revealed that Comcast, a provider of broadband Internet access over cable lines intentionally blocked the traffic of peer-to-peer (P2P) applications and gave other Internet traffic preferential treatment. " At Pg.19:" 1.31 The issue of net neutrality for ASPs providing services on OTT model will be dealt as and when required."
ii. Keyword: "Network Neutrality" Total No. of search results returned = 16 (Google), 8 (Bing) Relevant Hits: 11.
S.No.		Hit URL	Name of Document	Date		Relevant Page		Remarks
1.		http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291232282048929Matthias_Ehrler_Migration_NGN.pdf	Presentation titled "Regulatory implications of migrating to NGN" made at the TRAI - Seminar on Next Generation Networks by Matthias Ehrler	25-08-2011		Pgs. 6 and 15		Presentation by expert covers neutrality implications of migrating to next generation networks.
2.		http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291229152361429Scott_Marcus_QoS.pdf	Presentation titled "Management of QoS" made at the TRAI- Seminar on Next Generation Networks by J. Scott Marcus of wik consult.	25-08-2011		Pgs. 10, 11, 15 etc.		Presentation by expert covers neutrality in the context of QoS.
3.		http://www.trai.gov.in/writereaddata/consultationpaper/document/3agust.pdf	Response of Microsoft to Consultation Paper on "National Broadband Plan"	27-07-2010		Pgs. 1-2		Extract: " 2. Network Neutrality Openness has been the key to the ever-expanding nature of the Internet. We would urge that the Authority adopt a light-touch regulatory approach to network neutrality that appropriately balances the needs of consumers, network operators, and those of content/ application / service providers as well as those of device vendors. Some respondents have called out the Authority's attention towards this aspect and it is important for the Authority to chart a course that harmonizes the interdependent values of innovation and continued evolution of a robust network infrastructure while promoting consumer choice and freedom online. e suggest that the Authority undertake the following three steps in this regard: a. First, adopt the widely-accepted principles that consumers have the right to access and use the content, applications, services and devices of their choosing and to receive reasonable information about their Internet access provider's practices; b. Second, adopt a behavioral standard intended to prohibit Access Provider discrimination that is anticompetitive or harms consumers, and bar Access Provider conduct that violates the other core, open Internet principles, such as allowing access to lawful content, applications, and services of the user's choosing; and c. Third, implement an expert and efficient enforcement mechanism to identify and prohibit unlawful forms of discrimination. This framework would achieve a sensible balance by allowing Access Providers the flexibility to not only appropriately manage their networks by distinguishing, if necessary, among different types of traffic but also enter into business arrangements with content providers that are transparent and do not discriminate in a manner that is anticompetitive or harms consumers ."
4.		http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201301080620033272892NGN-Migration-Session6-Licensing-Issues-NGN_rev.pdf	Presentation titled "Migration to Next Generation Networks" made at the Workshop on Migration to NGN by Martin Lundborg, Stephan Wirsing Martin Lundborg, Stephan Wirsing	29-11-2012		Pgs. 30-36.		Presentation by expert covers Network Neutrality in the context of content and licensing.
5.		http://trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291222335017679NGN_Dr.pdf	Presentation titled "NGN: UK and European Frameworks" made at the TRAI Seminar on NGN by Rekha Jain.	25-08-2011		Pg.18		Presentation by expert covers network neutrality as implemented by European authorities.
6.		http://trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291226086423929NGN_Interconnection.pdf	Presentation titled "NGN Interconnection" made at the TRAI- Seminar on Next Generation Networks by J. Scott Marcus of wik consult.	25-08-2011		Pg. 41, 43 and 46		Presentation by expert covers neutrality in the context of QoS.
7.		http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201301080612503134332NGN-Migration-Session1-Introduction-to-NGN_rev.pdf	Presentation titled "Migration to Next Generation Networks" (Introduction to NGN) made at the Workshop on Migration to NGN by Martin Lundborg, Stephan Wirsing Martin Lundborg, Stephan Wirsing	29-11-2012		Pg. 25		Cursory reference to important regulatory aspects of NGN Migration
8.		http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291221446111429NGN_Case_Studies%20-%20Scott%20marcus.pdf	Presentation titled "Migration Studies Challenges and Migration Studies, Challenges, and Implementation Case Studies" made at the TRAI- Seminar on Next Generation Networks by J. Scott Marcus of wik consult.	25-08-2011		Pg. 6.		Cursory reference to public policy challenges in NGN Migration
9.		http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/Auspi.pdf	AUSPI's Response to the TRAI Consultation Paper No. 6/2011 on "IMT Advanced Mobile Wireless Broadband Services"			Pg.10		At Pg.10: " In an effort to encourage network neutrality, Google asked that the spectrum be free to lease wholesale and the devices operating under the spectrum be open. Google's specific requests were the adoption of certain policies such as open applications, open devices, open services and open networks. Currently many providers such as Verizon and AT&T use technological measures to block external applications. In return, Google guaranteed a minimum bid of $4.6 billion. However, this model of broader eco-system players playing a part in spectrum auctions has not seen significant success, with Google in this instance not winning any licenses. Even if regulator wants to keep the market open for non-telecom players, broader eco-system players can participate through M&As which are likely to be permitted under the new telecom policy. "
10.		http://www.trai.gov.in/writereaddata/consultationpaper/document/201304090446122006799casbaa.pdf	Response of the Cable and Satellite Broadcasting Association of Asia to TRAI Consultation Paper on "Issues relating to Media Ownership"	8-04-2013		Pg.30		At Pg.30: " Convergence: Despite convergence, there remains fragmentation in the approaches adopted by regulators towards intervention in telecoms and other sectors. However, issues of access, network neutrality, non-discrimination and protection of intellectual property rights ("IPR") are recurrent themes. These are issues that are familiar to competition authorities. Moreover, technological changes may break down these demarcations further. However the real challenge that convergence poses is increased uncertainty in respect of the speed of technical change and its effects in the short and longer runs. Regulators/competition authorities run the risk of 'getting it wrong' either by applying old style/stringent regulations and/or mistaking transitory profitability for abuse. A cautious and flexible approach is required. The application of old style regulations to such evolving markets is not recommended; it may stifle investment and innovation. Regulation should be flexible enough to take account of the evolving market dynamic and be informed by the best assessment of how markets are likely to evolve. TRAI's proposed intervention does not even come close to this dynamic approach since it is predicated on an assessment which is four years out of date. It does not take account of the increased diversity and competition currently prevailing and likely to develop in India over the next 3 to 5 years and beyond. "
11.		http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/201306240358500637086RCOM_CC.pdf	Counter Comments of Reliance Communications to TRAI Consultation Paper on "Interconnection Usage Charges"	25-05-2011		Pgs. 230 (Internal Pg. 41 of appended document)		Appended ERG DRAFT Common Position on Next Generation Networks Future Charging Mechanisms / Long Term Termination Issue document analyses questions in relation to QoS and Network Neutrality in the US and other jurisdictions.

[1] See http://telecomtalk.info/airtel-starts-charging-for-voip-data-viber-skype-charges/128118/ (Last visited on 08-03-15).

[2] See http://telecomtalk.info/airtel-voip-rs75-75mb-with-a-validity-of-28-days/128216/ (Last visited on 08-03-15);

[3] See http://www.medianama.com/2014/12/223-net-neutrality-violation-airtel-introduces-differential-pricing-for-type-of-mobile-internet-usage (Last visited on 08-03-15); http://yourstory.com/2015/01/net-neutrality-startups-in-india-airtels-voip-charges/ (Last visited on 08-03-15)

[4] See http://articles.economictimes.indiatimes.com/2015-01-15/news/58109002_1_net-neutrality-internet-governance-model (Last visited on 08-03-15); http://gadgets.ndtv.com/telecom/news/government-to-look-into-airtels-plan-to-charge-for-internet-calls-ravi-shankar-prasad-639713 (Last visited on 08-03-15)

[5] See http://www.medianama.com/2014/12/223-a-response-to-airtels-statement-justifying-net-neutrality-violation/

[6] See http://indianexpress.com/article/business/companies/airtel-move-to-charge-voip-calls-not-illegal-khullar/ (Last visited on 09-03-15); For a video of the interview, see http://youtu.be/d6QyapRBPXA (Last visited on 09-03-15).

[7] See http://www.medianama.com/2014/12/223-airtel-withdraws-voip-charges-for-now-after-forcing-trais-hand-on-net-neutrality-consultation/ (Last visited on 08-03-15).

[8] See http://www.financialexpress.com/article/industry/companies/airtel-to-roll-back-higher-voip-charges/24057/ (Last visited on 08-03-15)

[9] See NDTV report dated 16-02-15 at http://gadgets.ndtv.com/telecom/news/trais-paper-on-ott-players-to-also-cover-voip-calls-net-neutrality-in-india-661111 (Last visited on 09-03-15).

For more details visit https://cis-india.org/telecom/blog/trai-ing-times-the-story-so-far

Live Chat: Aadhaar: An identity crisis?

praskrishna — 2015-04-03T06:54:25Z

The Aadhaar card is not compulsory for citizens and "no person should be denied any benefits or ‘suffer’ for not having the Aadhaar cards issued by Unique Identification Authority of India," the Supreme Court ruled on Monday.

The live chat was published in the Hindu on March 17, 2015. Sunil Abraham took part in the discussions.

Four years after Aadhaar was launched – and touted as a panacea to access social services and subsidies – its users continue to be dogged by an array of problems ranging from technical glitches to procedural delays. And those who do not have an Aadhaar card find themselves quizzed by government authorities.

The Hindu’s Tamil Nadu edition today highlighted the challenges ordinary citizens - both those who have cards and those who do not – face, be it from non-availability of application forms or glitches in the biometrics process.

We will be hosting a live chat on Aadhaar at 5 pm today. You can pose questions and share your views with Sunil Abraham, Executive Director of Bangalore-based research organisation, Centre for Internet and Society; K. Gopinath, Professor at the Computer Science and Automation Department at the Indian Institute of Science (IISc) and The Hindu’s K. Venkatraman.

Comment From Anon

What could have happened such that the current government, who were once in the opposition, were members of the parliamentary committee that strongly opposed UIDAI, now suddenly wants to use it everywhere? What could have transpired such that the PM got so convinced that it would help its citizens more than it could potentially harm?

Sunil Abraham: Usually the party that is in power is pro-surveillance and anti-censorship and the opposition is pro-privacy and pro-free speech. After the elections - if the parties swap positions as a result of the mandate - then they usually also swap positions on surveillance and censorship. This phenomenon is not specific to India.

K. Gopinath: The leakage in the current models is very high. Hence, the attraction.

The issue earlier was whether there was some costs to the use of sw (esp. proprietary) from outside the country. Probably, these have been addressed.

Comment From Saurabh

Aadhaar was supposed to be a good 2 factor authentication mechanism, what happens to it now ?

Sunil Abraham: Aadhaar architecture was designed to allow for multiple authentication factors. Unfortunately biometrics is a poor authentication factor since it cannot be revoked. Any two-factor authentication scheme where one factor is biometrics is in reality only a one-factor scheme. Pin code as with credit cards and debit cards would have been much more secure for authentication.

K Venkataramanan: It will continue to be relevant, but is unlikely to be mandatory for quite some time.

K. Gopinath: Real-time 2-factor auth (biometrics, signatures) are not easy, esp over Internet, and would require a much longer rollout

Comment From Saurabh

I did not get Aadhar for myself or my family. Does this mean, I will not have to as yet.

Sunil Abraham: As per the UIDAI - Aadhaar is not mandatory. Also according to the latest remarks from the Supreme Court - Aadhaar should not be made mandatory without enabling law. But many state and central government agencies have ignored the comments made by the SC and have made Aadhaar mandatory for various programmes and schemes.

The Hindu: Is Aadhaar virtually redundant now following the SC order? Nothing more than an expensive experiment?

K. Gopinath: I think it will be used as an addl auth mechanism (just like elec./ph. receipts). May be once the technology is demo'ed properly (it has not been done seriously anywhere else), it will be taken up again.

Comment From Abubacker

I am an NRI and need to have Aadhaar Card? How to obtain Appointmet - I am from Tuticorin, Tamil Nadu

K Venkataramanan: Your family member or representative living in Tuticorin may apply for Aadhaar through the local body. It may be possible to get a date for recording biometrics. However, you have to come down here for recording biometric details.

Comment From Kishore J

Why is Govt. not able to legalize the Aadhar, I'm assuming the only reason Supreme court keeps blocking it is because its not a law passed by Parliament ?

K. Gopinath: SC goes by the constitution. If there is some concern someone is being "excluded", they will block it.

Sunil Abraham: The NIA bill was proposed in parliament and then referred to a Standing Committee. Our summary and detailed feedback to the Bill is available here: http://cis-india.org/intern... The Standing Committee harshly criticized the Bill. See: http://164.100.47.134/lsscommittee/Finance/42%20Report.pdf After which the Bill has not been reworked by the UIDAI or the Planning Commission /Niti Aayog for re-presentation to the Parliament.

Sunil Abraham: No - it is not just an expensive experiment. It is much more dangerous - it is what security experts call a Honey Pot. A centralized repository of biometrics harvested from residents of India. These biometrics can be used to authenticate transactions in the UIDAI database and other services. If there is a breach - then this huge collection of authentication factors will end us in the hands of criminal elements or some foreign state.

Comment From vaz

Aadhar is a joke, i have so many IDs and i cannot get any benefits out of it, it is simply wasting time, if Govt really want mandate make it easy for people, i pay taxes and Govt should treat me like one , i can not waste my time standing in queues to get that card, get me time slot and don't waste my time.

Sunil Abraham: This is because the process of registration has been outsourced to private agencies. These private agencies have futher outsourced to others and so on and so forth. Consequently, there is very poor management and quality control by these agencies. If indeed corruption was a priority - we should have tackled high-ticket corruption first. We could have had biometric registration just for only the politicians and bureaucrats. We could use biometric authentication with them to create a non-repudiable audit trail of subsidies flowing from the Centre to the Panchayat. Unfortunately, we tried to register everybody simultaneously and that has resulted in poor quality of biometrics and demographic data. We have visited some of the registration centre and have seen the reality on the ground.

Comment From Guest

I have been threatened by Gas Agency people if i don't link Aadhar to Bank Account, won't be given a refilling cylinder.Is this a right one?

K Venkataramanan: There is an option for getting DBT even without Aadhaar. The bank account and the gas agency consumer account can be linked without Aadhar. Please check www.mylpg.in for knowing how to apply for DBT registration without Aadhaar

The Hindu: Your views Prof Gopinath? Do you see it as a biometrics Honey Pot too?

K. Gopinath: From a security pov, it is certainly risky. It needs really robust technologies before one can think of rolling out. For example, we have "denial of service" attacks. ie, a service can be shut out by random bombardment of msgs. Most curr large scale systems are designed to handle it but some cannot handle it if large numbers collude. This only prevents access to service but other attacks can exfiltrate (take out) data, modify data, etc.

The Hindu: And Mr. Venkataramanan, your thoughts?

Comment From kuldeep singh chauhan

We need a strong law for data security. Aadhar is collecting data but there is no provision except some provisions of IT Act and IPC for data security.

K. Gopinath: Yes, the legislation is weak or unnecessarily vague (eg. the IT2000 act) or too broad in scope. I think what we need is a citizen's charter for data access, security and privacy. Also, what needs to be done when systems do not work!

Sunil Abraham: There are two interpretations of Sec. 43A of the IT Act. Acccording to most experts it only applies to Body Corporates in other words it does not apply to the Government when it plays the role of a data controller. According to an order issued by the IT Secy of Maharastra [the court of first instance for 43A of ITA] -this section will also apply to the Government. But beyond that order we have no clarity on this question.

Comment From Pavan

With no privacy laws, isn't it a bad idea to store citizen's data in a database? We all know how inept our government is in ensuring any security/privacy.

Sunil Abraham: With or without laws. Centralized approaches to identity/authentication management are much more fragile and vulnerable compared to decentralized options. The Internet is secured by digital signatures - there is no centralized repository of all these signatures. Therefore there is no centralized point of failure for the Internet. If the Aadhaar project was based on Smart Cards instead of Biometrics - then just like the Internet it would be robust without a central point of failure. http://cis-india.org/intern...

K. Gopinath: Storing all info in a single place is a big security risk. It needs very robust technologies (such as replication and "secret sharing protocols") that work inspite of failures. These have been done here and there but doing it on a large scale requires care.

Comment From Kunal Soni

SC Adhar card recommendations, ok Got it! But what about the banks for example SBI who ask for adhar cards stating its the bank's rule? Who's going to answer the question as they would never listen to common man and they never did.

Comment From Sandeep

Hi,May be it is a strong message, but what exactly is the need to make/introduce the Adhaar card, which is not recognizable worldwide? Why dont we make our passport smart enough and reduce it to a chip as in Europe. This will also enable everyone to get enrolled in our administrative system. Basically, we are only repeating the entire process with no international recognition.

Comment From Krishna Rao

Need to make it mandatory in the lines of SSN in US. Else it would be very difficult to manage and ensure the subsidies and benefits reach the really deserved section.

Comment From Ramesh

It is a great concept it all information like property purchases, tax returns, ration card, pf, esi, bank accounts , rail, air tickets are all linked. will reduce corrupt practice considerably. It should be the main identity of an Indian

Comment From arun

@Sunil what are the privacy safeguards that are in place currently regarding protection of information collected by the government and private agencies designated for this?

Sunil Abraham: Do you mean legal or technical?

K Venkataramanan: @The Hindu: Yes, there are serious privacy issues involved in a centralised database. However, their is a counter-view that this is no different from any other data base available in the hands of the government such as the one relating to PAN. The main concern of those worried about the privacy problem in Aadhaar is that data collection is done by private agencies, and details such as biometric data could be misused

The Hindu: Sunil, a question for you from arun

Comment From Pawan

Govt should give it legal recognition and give legal guarantee about the usage and storage of the data... After that there would be no concern related to identity security or enforcing it on the people.. People would trust it and come forward to register for it.

Sunil Abraham: Legal recognition and guarantees are not sufficient. You cannot use the law to fix poor technology design. The security of the Internet is not a function of good law. It is a function of good technological design.

Comment From Pappan

the so called Europe, US an other developed countries already have Social security numbers, why cant we just look at it like that?

Sunil Abraham: Social Security Number are an additional identifier. The database just contains a collection of identifiers. If that database is compromised the information cannot be used to authenticate transactions. This is very unlike the UIDAI centralized database which is a collection of authentication factors. Think of it as a database filled with the passwords of all Indian residents.

K Venkataramanan: @Kunal Soni - SBI can't insist on it as of now. The person who issued any circular to that effect may be hauled up in court

Comment From Guest

I have two questions. First, why is the honourable supreme court strking down aadhar, on what grounds? Second, how can the government come around those objections and allay the courts fears/objections? The informed panelists may please give their opinions too. Thank you

Sunil Abraham: There are 3 sets of petitioners who are being heard by the SC in the combined case. Some of them associated with the right are arguing that the UID is a threat to national security as it legitimizes illegal immigrants. Those associated with the left are arguing that it is a violation of the right to privacy. Still other who are ex-officers from the armed forces are arguing that the project is mired in corrupt practices.

K Venkataramanan: The Court has not struck down Aadhaar. It has only passed interim orders protecting the access to services of those who have not yet had them.

Comment From Aashish Gupta

Aadhaar was supposed to usher in portability of benefits. That is, you could migrate to a different state and still get the benefit you deserved.

Sunil Abraham: The Aadhaar database only contains information that identifies you and also allow you to authenticate against that database. It does not indicate eligibility for various schemes/subsidies. The migration across State level eligibility lists has to be done by the State. It is not a functionality provided by the UIDAI.

Comment From Ramesh

Supreme Court should have suggested a better option instead of coming down heavily on the Aadhar Card. The card will straight eliminate multiple rations cards and voter ids.

Sunil Abraham: The previous technology adopted by the NDA government - smart cards or SCOSTA [for the MNIC]. This technology option is free from many of the flaws of UIDAI's current design.

Comment From Mrigesh

Why is Aadhaar needed? I am for a middle class or for the elite class?

Comment From Geetha

Has the government (or concerned agencies/departments) formulated any policy on using the Aadhar information collected? For instance, what agency can use the information, under what conditions, with whose approval, for what limited purposes? Is this policy publicly available?

Sunil Abraham: No. Anyone who is approved by the UIDAI as a legitimate can use the KYC API. Absolutely anyone can use the Authentication API. There is no policy on what data collection/retention practices must be adhered to by the users of both these APIs.

Comment From Arun Jayapal

Has the government ever considered/analyzed a way to link the existing resources (such as ration card, DL, passport, voter id, etc.,) and not have come up with a completely new system (aadhaar). Is this not an absolute waste of time and resources?

Sunil Abraham: Yes, you are absolutely right. The government should have used biometrics as a means to dedup an existing high value database like the Electoral Rolls or more importantly the PAN Card database. That would have been better RoI for our anti-corruption Rupee.

K Venkataramanan: @Ramesh The Court has come down heavily on only officials who insist on Aadhar for delivery of services when there are clear orders that it should not be mandatory

Comment From George J

I'm an NRI. I presently work and live in a country where the first order of business on landing/Birth is to register one self and get a unique ID number and ID. This the case for expats as well as residents be they foreigners or Citizens. The registration process includes collection of Biometric data. This single No and Id is used for everything from Bank Accounts to School Admissions. It is good that India is doing something similar. It is high time people with multiple ration cards, Passports and the like are weeded out and provided a single verifiable identity. Data Security is of essence and necessary safeguards are available.

Sunil Abraham: Could you name the country? And can you use biometrics your country to authenticate transactions in a centralized database for all sorts of transactions? If yes, then the technology design in your country is as poor as in ours and it is only a question of time when the centralized database leaks.

Comment From Aashish Gupta

Apart from the Honey Pot, Aadhaar does not serve its primary purpose: tackling corruption. Most pilots of Aadhaar have crash landed, and as a result, state governments have created their own simpler systems to tackle corruption.

Sunil Abraham: See: http://www.thehindu.com/opi... If the authentication match is not working [1:1 match]. Then basically the dedup will not work [1:n] match. That is why they are doing demographic dedup before biometric dedup - because they know that the biometric dedup is fallible.

Comment From Balu

A citizenship card , backed with a strond database is a must for every citixen . Some serious thoughts should be done in this matter at the earliest , instead of wasting time and money on different schemes .

Sunil Abraham: We should use decentralized Internet scale technologies based on open standards that are already proven. If we had used smart cards based on SCOSTA or EMV standard we would be in a much better place.

Comment From PRASHANTH

Comment From vikash

supreme court should not have to push such legal hurdles given that the 750 million card has already been generated.A lot of money has been investad in the project

Comment From Saket

Aaadhar card is full of errors. At the place where I got registered person was issuing it in a hurry which creates lots of typing errors in DOB and Place.

Comment From Aashish Gupta

The supreme court has not struck down aadhaar, it has said that aadhaar cannot be mandatory. This is to make sure that people who do not have an aadhaar card do not miss out on their entitlements.

Comment From Ramesh

Aadhaar should be made mandatory with necessary safeguards. Unless there is an ultimatum and time frame to get the card it will never be implemented. Even now many do not know where to get it done.

Comment From Aadharam

Could you clarify whether this is an interim order or a final order on Aadhar? Is there scope for a retraction/shift on the Supreme Court's part?

Comment From Onkar Tiwari

Why supreme court doesnt understand Adhar is necessary? it can curb corruption. it wll reduce corruption specially in manrega where people enters fake details and grab the money.

K Venkataramanan: It is only an interim order. The Court will, hopefully, resolve the questions raised by the petitioners about privacy and data security issues

Comment From George J

I have taken Aadhar Card. The procedure asks the applicant themselves to verify the data entered for typing mistakes etc. before being uploaded, in fact where I registered they had asked for a sign off on the final data on a printout. So how errors can creep in is beyond me. However the photography equipment and skill of the data entry operator leave much to be desired as the mug shot is not very kind to me!

Comment From Guest

There should be a guide line which need to be followed as it is in the hands of private partners who are also ask for bribe from the poor people for the aadhar and they have no other option to pay for it as they thought that this only can help them to get the govt. facilities and subsidies.

K Venkataramanan: @Onkar Tiwari, It is up to the government to convince the court that Aadhaar will help curb corruption, and how. The Court is unlikely to stop the use of technology to improve delivery of services and curb corruption.

Comment From v subrahmanian

help line over phone and the email correspondence is total waste.. they themselves are helpless. Any query has never been replied to the caller's satisfaction. Getting them on line itself is a challenge. It's so complex. Of course, every eligible citizen of this complex country must have the identity card. Why not if it is done through employer in case of organized salaried employees?

Comment From Ramakrishna Rao

Hi !! I request the panelists to kindly sum up in few 4 or 5 points the reasons/grounds on which the parliamentary committee has rejected the aadhar

Comment From Guest

The agencies who are collecting data for Aadhar Card are not doing good. The aadhar card is full with many kind of errors including Name and DOB.. Even a person is able to register twice under this scheme.

The Hindu: Mr. Venkataramanan would you like to respond to Ramakrishna Rao?

Comment From Guest

@K Gopinath - how robust is the de-duplication UID claims to have. And in real time transactions, is it possible to authenticate n request without 'false positives' or 'negatives'?

K. Gopinath: Dedup claims assume “good” conditions. For example, a farmhand may have rough skin, etc that may make the fingerprints problematic. 1% errors have been reported in the past. Real time txns: I think the current Aadhar is not geared for it. The connectivity is not there. Also, with fingerprint technologies, the ability to check large number of fingerprints for a match is not good enough. It has never been scaled to the extent that is being planned.

Comment From Sandeep

Still not sure if Aadhaar then other ID cards not needed ? Or Still all along with Aadhaar ? then what is meaning of Aadhaar ? Only for LPG connection? Why not govt making Aadhaar is mandatory in all other fields as well , As Govt spent huge money for Aadhaar

Comment From Guest

@ Sunil - How plausible is the idea that govt can use UID data to profile public?

Comment From Sushubh

I for one is very happy that at least the Supreme Court is not falling for this privacy infringing scam. People defending this card here on this platform needs to read more about it.

Comment From Guest

Govt. created panic among public regarding adhaar. Public is highly annoyed with the way the government is handling this adhaar project. Only court reprimands,govt. backtracks as far as the adhaar is concerned. It is high time for govt. to have serious insight into this.

K Venkataramanan: The parliamentary committee on Finance had objected to the UID being extended to non-citizens on the ground that it may end up in illegal immigrants getting Aadhaar numbers.

It had also questioned the rollout ofthe scheme before legislation was passed. It had objected to its implementation without regard to its consequences.

Comment From Srinivasa

I believe Nandan Nilkeni had mentioned certain very good examples of the system flagging duplicates. So I assume the system is robust. We need to make it mandatory for all services delivery and have suitable policy and technology to protect data.

Sunil Abraham: I don't think we can go by the assurance of someone no longer associated with the project. It is not persons that keep us safe it is proper technology and law.

The Hindu: Welcome back Sunil! Lots of questions await you

K Venkataramanan: The committee had said UIDAI had no conceptual clarity, no proper assessment of the costs involved, and that it could end up in the hands of private agencies, that the technology was untested and the UID may not meet the objectives for which it was conceived

Sunil Abraham: Sorry I was logged out.

Comment From Guest

There was a recent news in The Hindu about linking of Adhar cards to election voter ID cards in Andhra Pradesh. Do you think that adopting such moves by every state result in mandating the procedure eventually?

Comment From Guest

First Passport then PAN , voter id and now adahar, in any country there is only passport and SSN, why india needs so many identity cards

K. Gopinath: The PAN database has been problematic just as the voter id. Hence, every technology cycle, a new system is usually attempted that attempts to be "better" than the before. However, this requires care which is not in good supply in the govt where the "lowest" bidder wins or outsourcing happens.

The Hindu: We have Prof Gopinatha back too. Sorry about that technical glitch.

Comment From Deepak Vasudevan

Why are different apex agencies managing Aadhar like UIDAI, Census and NPR? There should be one root (apex) body and others should report onto it.

Sunil Abraham: Yes. The division of work between UIDAI and NPR is not very clear and has added to the confusion.

K Venkataramanan: The parliamentary standing committee, too pointed out the overlap of functions involving UIDAI and NPR

The Hindu: There was this question for you earlier on the thread @K Gopinath - how robust is the de-duplication UID claims to have. And in real time transactions, is it possible to authenticate n request without 'false positives' or 'negatives'?

Comment From Guest

When Union Of India aimed to greater transparency... these are the road blocks they get... If Aadhar is not mandatory... then make Voter ID, PAN Card, Ration card also not mandatory in their respective Govt Businesses ... make self declaration as mandatory .. lets go to the stone age in this Information age. Instead SC should direct the center to come up with procedure to accommodate legitimate citizens of India into the scheme in a time bound manner and frame policies to avoid misuse of the personal data. are we looking the current world Information age thru the same old glasses... it is time to adopt the change...

Sunil Abraham: Indeed we need more transparency. But privacy protections must be inversely proportionate to power and as Julian Assange says transparency requirements should be directly proportionate to power See: http://openup2014.org/priva...

K Venkataramanan: Linking Aadhaar and voter ID cards is also being tried out in other states It is only one more means of eliminating fake voters or duplicates, but is unlikely tobe a ground to make Aadhaar mandatory

Comment From Ganesh

@Mr.Sunil, The current technology adopted for UIDAI is not good compared to last regime?

Sunil Abraham: Please see my our open letter on this question http://cis-india.org/intern...

Comment From Madhavan R

Just because UPA government bring this, its not good for NDA to object it.. STOP wasting our money.. Just try to make best out of it..

Sunil Abraham: Pouring more money into a failed project will not save it. It has serious technological flaw and without addressing it we are just making a bad situation worse.

Comment From George J

Currently all embassy's are collecting biometric data when you apply for a visa. Most of this collection is done by private parties on behalf of the respective governments. So if an Indian has travelled abroad the chances of his Biometric data being available to foreign govts is 99%. So what is the big scare about this? The need that it should be secure and should not be misused is sacrosanct. with the kind of revelations that have been made about mass eavesdropping I think people should get used to living in glass houses!

Comment From Pappan

@Sunil, please clarify about your comment on technology inadequecy

Comment From Yuvaraj

I strongly support Adhaar card implemenataion. intially they may face challeneges but for the long run its very effective mechanism to monitor every thing

Sunil Abraham: Monitoring everything means you monitor nothing. The bigger the haystack the harder it is to find the needle. Good surveillance practices means targetting survelliance not en masse data collection.

Comment From Guest

It is heard that privacy of citizens is at stake with adhaar card. can panelists respond to this?

Sunil Abraham: I have dealt with your question here: http://www.business-standar...

Comment From Srinivasa

That comparison of the two standards (SCOSTA and Aadhar) made interesting reading. Why not a system where you collect biometrics and iris and then issue a SCOSTA card? the biometrics and iris can be used to remove duplicates and maintain a clean registry by failing the duplicate SCOSTA cards. And all further transactions will only need a card based access.

Comment From Loganathan

This is one the worst move by any government in the center to remember. With no motive for the card, they introduced just to add to the loss in exchequer and there is no benefit out of it. Many have wrong data entered against their name and totally the waste one of all

Comment From Sabari Arasu

I am aware of someone who is not Indian citizen got Aadhar card for himself and his family. This scares me a lot as anyone(read Bangaladheshis, Sri Lankans, Pakintanis, etc..) can get Aadhar card. Is there a measure taken by Government to identify these issues?

Sunil Abraham: This is possible because the technology [biometrics] cannot verify citizenship. Even worse biometrics can be imported from foreign countries and can be used to create resident ghosts. This is because the technology cannot even verify if the person in India. We will need surveillance cameras at every point of registration to take care of this possible fraud.

Comment From Chandra Sekhar

Aadhaar card was a huge opportunity for the government to improve the efficiency of governance.It was a challenging task and required great amount accuracy.The way this project was executed is a question mark on efficiency of governance.

The Hindu: Sunil, Venkatramanan, Gopinath - would you agree that Aadhaar was an opportunity to improve governance? @chandra sekhar

Comment From Guest

Freebee lovers/netas will always oppose when you want to implement some thing which might deny them the benefit.

Sunil Abraham: Any evidence to backup this statement?

Comment From Guest

if the ASDHAAR is nt necessary as per SC then why everywhere it is being preferred identity such as Subsidy, Passport etc.

Sunil Abraham: Preference is not the same as a mandatory requirement.

For more details visit https://cis-india.org/internet-governance/news/the-hindu-march-17-2015-aadhaar-an-identity-crisis

GoI body National Mission for Manuscripts has digitised 3 million manuscripts

praskrishna — 2015-04-05T03:20:06Z

Twelve-year-old government body National Mission for Manuscripts (NMM) has digitised over thirty lakh manuscripts and 185,88,390 pages in all as of 31 December 2014, Mahesh Sharma, Union Minister of State for Culture, Tourism & Civil Aviation said in the Rajya Sabha this week. He added that the National Archives of India (NAI) is set to digitise another 1,100,000 historic records. The government has spent over Rs 25 lakhs on digitisation as of January 2015 as compared to ~ Rs 36 lakhs in 2012-13.

The blog post by Sneha Johari was published by Medianama on March 13, 2015.

The NAI has digitised 41 non-priced NAI publications and 484 manuscripts which consist of 106,974 pages, 42 newspapers and printed books (10,346 pages) and 187,878 documents made of 613,413 pages of NAI’s oriental and public records collection.

Digital conservation over micro-film

Sharma said that the government is looking at strengthening the Public Records Act. He added that digitisation would be the preferred form of conservation since it had many advantages over micro-film processing and would provide better access to archives electronically which could be used by scholars, historians and academicians.

The NAI operates two schemes for funding the preservation of documentary heritage. These schemes include funding for preservation and conservation of rare books, old and rare documents, government libraries and museums among others.

The NMM is an organisation under GOI’s Ministry of Culture set up to create a national manuscript resource to enhance access, awareness and use for educational use. It offers courses, workshops and fellowships on Manuscriptology and Palaeography. Sharma said that the Ministry had some proposals to collaborate with foreign countries for digitisation of Indian documents but had not taken those up due to issues of national importance. Some of NMM’s challenges arise from the scale of manuscripts found in India (claimed at ~5 million), languages which cannot be read, in a poor and neglected condition and the lack of scholars who can study these manuscripts.

The NMM has 31 Manuscript Conservation Centres (MCCs) across the country under the NMM. The MCCs include organisations like Manuscript Library, University of Calcutta, Kolkata, Bhandarkar Oriental Research Institute (BORI), Pune, Karnataka State Archives, Bangalore and INTACH Orissa Art Conservation Centre, Bhubaneswar.

The New Indian Express featured a report where Jayadhir Tirumalrao, Professor at the Centre for Dalit and Adivasi Studies and Translation, Hyderabad was among others who developed a script for the tribal language Gondi. The report claims that Gondi language was the only tribal language in India to have its own literature.

Previous digitisation initiatives:

In November 2014, around 55 books written by the Indian author and activist Niranjana in Kannada would be digitized and made available on Kannada Wikisource, allowing Kannada speakers to access these books easily.
In October 2014, the Ministry of Culture launched a national portal for museums. Collections in all museums under its control and those under the Archaeological Survey of India (ASI) will be digitized and presented on this portal.

In July 2014, the Department of Biotechnology and Department of Science and Technology (DST), under the Ministry of Science and Technology released the draft of Open Access Policy. The objective of this policy is to provide unrestricted access to research work funded by the departments. The draft states that since all funds disbursed by DBT and DST are public funds, it is important that the information and knowledge generated through the use of these funds are made publicly available as soon as possible.
In September 2013, Goa University entered into a 3 year MoU with the Centre for Internet and Society (CIS) for building the Konkani Wikipedia.
In June 2013, Tata Communications Media Services planned to digitize documents of historical and cultural significance such as films and documentaries from the archives of Doordarshan and Films Division of India which go back to 1947 including speeches of India’s first Prime Minister Jawaharlal Nehru and other leaders.
In May 2013, Punjabi Sahitya Akademi Reference Lab scanned and saved around 1,000 manuscripts, stone-printed scripts, poetry books on computer hard discs, adding that the digitized editions will be available across the globe through the internet.

The Indian Government spent Rs 4.5 crores in 2010-11 for digitization and modernization of public libraries.

For more details visit https://cis-india.org/openness/news/medianama-march-13-2015-sneha-johari-goi-body-national-mission-for-manuscripts-has-digitised-3-million-manuscripts

Right to Education and the Future of Our Languages

praskrishna — 2015-05-27T14:00:44Z

The Department of Linguistics, University of Mumbai and Dr. Rakhmabai Educational Resource and Research Centre in association with ICSSR (WRC) organized a National Symposium on Right to Education and the Future of Our Languages at Pherozeshah Mehta Bhavan from March 9 to 11, 2015. Tanveer Hasan was a speaker.

Prof. Ganesh Devy gave the inaugural address and Prof. Anita Rampal gave the keynote address. Tanveer Hasan spoke about the importance of Free and Open Resources of Knowledge and how these resources could be harnessed in providing access to knowledge and subsequently claim the right to education. The event was organized as an effort to understand the effect of RTE act on the primary and high school education standards across India with special reference to Maharashtra. The workshop also provided an opportunity to meet several like minded institutions and individuals.

More information on the event here.

For more details visit https://cis-india.org/openness/news/right-to-education-and-future-of-our-languages

Right to Information (RTI) Requests to BSNL and MTNL Regarding Security Equipment

maria — 2015-02-25T15:04:56Z

As part of research, on July 2, 2013, the Centre for Internet and Society (CIS) had sent Right to Information (RTI) requests to two of the largest internet service providers (ISPs) in India: Mahanagar Telephone Nigam Limited (MTNL) and Bharat Sanchar Nigam Limited (BSNL) requesting answers to some questions.

Answers to the following questions were requested:

Please list the companies from which MTNL/BSNL has bought all its security equipment.
What type of security equipment does MTNL/BSNL use to assist Indian law enforcement agencies in detecting and preventing crime, terrorism and all other illegal activity? Please provide the certification for all such equipment.
What malware does MTNL/BSNL test for? What does MTNL/BSNL use for testing malware in its networks?
Which proxy server does MTNL/BSNL use and is it used for filtering data? If so, what type of data is being filtered and for what purpose? Is authorisation required and if so, by whom?
Does MTNL/BSNL use FinFly ISP? If so, who authorises its use and under what conditions?

M. K. Sheda, the appellate authority of MTNL, responded to the above questions on August 3, 2013 with the following answers:

MTNL procures all its equipment through an open competitive bidding process and the details of all past tenders are available on the MTNL website. Equipment from multiple vendors are operational in GSM MTNL Packet-Core Network and specific names cannot be given due to security reasons.
MTNL uses the security equipment by the Department of Telecommunications, Government of India, to assist Indian law enforcement agencies. The details cannot be disclosed as the information is classified as "secret" as per MTNL IT Policy Revision 2.0 and also comes under Section -8 (1) (a) and (d) of the RTI Act 2005.
MTNL GSM Packet Core equipment for data access uses MTNL ISP as its interface with external entities. Thus information is pertaining to MTNL ISP and hence a reply may please be taken from the GM (Broadband) unit.
Same answer as "3" above.
Same answer as "3" above.

BSNL has still not responded to the above questions.

Click below to download the respective files:

For more details visit https://cis-india.org/internet-governance/blog/rti-requests-to-bsnl-mtnl-regarding-security-equipment

Reply to RTI Applications filed with respect to Foreign Contractors and Vendors of IT and Telecommunication Enterprises

Lovisha Aggarwal — 2015-02-25T14:13:52Z

An RTI application was filed by the Sh. Matthew Thomas on August 06, 2014 enquiring about the details of the foreign contractors and vendors of certain Information Technology and Telecommunication enterprises. Mr. Mathews in his application asked some specific questions.

Information sought in the RTI Application

The specific questions asked are as follows:

1. Names, addresses in India and abroad of all their contractors and vendors who are foreign firms, even if they have registered offices in India.

2. Permission to inspect files pertaining to subject matter.

3. Details of the orders placed in each of the past 3 or more years on each of their contractors and details of the orders placed in each of the past 3 or more years on each of their contractors where the amount is for Rs. 50 crore or more.

Enterprises to which the RTI Application was addressed

The application was sent to the following enterprises:

1. Department of Electronics & Information Technology, Ministry of Communications and Information Technology, Government of India

2. Department of Telecommunications, Ministry of Communications and Information Technology, Government of India

3. Information Technology Branch, Department of Food, Supplies & Consumer Affairs, Government of NCT of Delhi

4. Centre for Development of Telematics (C-DOT) - an Indian Government owned telecommunications technology development centre which designs and develops digital exchanges and intelligent computer software applications.

5. Centre for Development of Advanced Computing (C-DAC) - a research and development organization under the Department of Electronics and Information Technology, Government of India.

6. Bharat Sanchar Nigam Ltd. (BSNL) - an Indian state-owned telecommunications company. It is India's oldest and largest communication service provider.

Reply to the RTI Application

The reply to the information sought in the RTI application by these enterprises is as follows:

1. Department of Electronics & Information Technology, Ministry of Communications and Information Technology, Government of India

The RTI application was addressed to the Deputy Director of the department who forwarded the application to the Joint Director directing him to provide the requisite information directly to the applicant or transfer the application to the concerned Central Public Information Officers (CPIOs) if the subject matter did not pertain to his division. In response, the Joint Director of the Department of Electronics & Information Technology said that the information on the subject matter was NIL as far as Engineering/BM section, Fire, Security and Protocol Sections of Department of Electronics and Information Technology is concerned.

2. Department of Telecommunications, Ministry of Communications and Information Technology, Government of India

The RTI application was forwarded by the Deputy Secretary & Nodal Officer (RTI) of the Department of Telecommunications to the following divisions for providing the requisite information directly to the applicant or transferring the application to the concerned Central Public Information Officers (CPIOs) if the subject matter did not pertain to their division and their replies are as under:-

a. Investment Promotion Cell: The Director (IP Cell) & CPIO said that no information was available as the subject matter of the application did not pertain to IP Cell.

b. Access Services-I Division: Director (AS-I) & CPIO asked to treat the information as NIL.

c. Licensing Finance - II Branch: Director (IF-II) & CPIO asked to treat the information as NIL as the matter did not pertain to that branch.

d. Licensing Finance - III Branch: Director (IF-III) & CPIO asked to treat the information as NIL as the matter did not pertain to that branch.

e. Deputy Wireless Adviser: CPIO & Deputy Wireless Adviser to the Govt of India of WPC Wing, SACFA Sectt. said that the information sought was not available with that PlO.

3. Information Technology Branch, Department of Food, Supplies & Consumer Affairs, Government of NCT of Delhi

The Public Information Officer (HQ) of the Information Technology Branch of Department of Food, Supplies & Consumer Affairs forwarded the RTI application to Assistant Commissioner (Policy), Food and Supplies Department and Public Information Officer (HQ), Food and Supplies Department to provide the Para wise information directly to the applicant in accordance with section 5(4) of RTI Act as the record related to the information sought was said to be available with their office. Section 5(4) of RTI Act reads, "The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties." However, a reply hasn't been received from the Assistant Commissioner (Policy), Food and Supplies Department and Public Information Officer (HQ), Food and Supplies Department yet.

4. The Centre for Development of Telematics

Referring the information sought in the RTI application as vague, the Centre for Development of Telematics asked the applicant to clearly define the information requirements and the period for which it required. The Centre claimed that the information sought at present would lead to handing over of a large amount of data which would require application of significant resources of public authority, since the number of the vendors and contractors could be more than seven hundred in numbers of different categories, namely, component vendors, equipment suppliers, administrative service contractors, etc. The reply was in consistency with section 7(9) of the Right to Information Act which reads, "An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question."

5. Centre for Development of Advanced Computing

The Centre for Development of Advanced Computing disregarded the information sought by the applicant and observed that theinformation sought was vague in nature, not specific and open ended, therefore, could not be termed as Information under the RTI Act without providing any further explanation in this regard.

6. Bharat Sanchar Nigam Ltd. (BSNL), Government of India Enterprise

The RTI application was referred to the MM cell of BSNL by the AdditionaI General Manager (MIS) & CPIO of BSNL (RTI Cell) who replied that no information with respect to the names, addresses in India and abroad of all their contractors and vendors who are foreign firms, even if they have registered offices in India was available. As far as the third question regarding details of the orders placed in each of the past 3 or more years on each of their contractors and details of the orders placed in each of the past 3 or more years on each of their contractors where the amount was for Rs. 50 crore or more was concerned, the AGM of MM cell said that the information could be provided for specific contractor.

For more details visit https://cis-india.org/internet-governance/blog/reply-to-rti-applications-with-respect-to-foreign-contractors-and-vendors-of-it-and-telecommunication-enterprises

Developing Open Knowledge Digital Resources in Indian Languages

teju — 2015-04-22T18:09:08Z

The Centre for Internet & Society's Access to Knowledge team (CIS-A2K), in collaboration with the Centre for Indian Languages (CILHE) at TISS Mumbai, conducted a two-day workshop at English and Foreign Languages University (EFLU) at Hyderabad on January 28-29, 2015. Titled ‘Developing Open Knowledge Digital Resources in Indian Languages’, the workshop was the third in this series during 2014-15.

The first workshop, focusing on Bangla, was held at Jadavpur University, Kolkata, in August 2014, and the second, focusing on Marathi, at Savitribai Phule Pune University, Pune, in September 2014. The EFLU workshop participants were drawn from Telugu and Malayalam backgrounds.

The objectives of the workshop was to familiarize student volunteers and their faculty with (a) tools of collaborative knowledge production on the internet, and (b) methods for generating new online content in Indian languages. The workshop had 19 student participants, from EFLU and TISS Hyderabad, along with 4 faculty members from these two institutions.

After opening remarks by Prof. K.Satyanarayana and Dr. Uma Bhrugubanda of the Department of Cultural Studies, the local hosts at EFLU, Prof. Tejaswini Niranjana of CILHE-TISS and Advisor to CIS-A2K spoke about the importance of creating new digital resources in local languages for both teaching and research in higher education. She stressed that students should not remain passive consumers of knowledge but instead participate in creating new knowledge resources. Vishnu Vardhan of CIS-A2K then elaborated on the theme of ‘Building Open Knowledge Resources in Indian Languages via Mass Collaboration on the Internet’. After this, the participants were introduced to some basic principles of editing on Wikipedia, and worked on establishing their presence as Wikipedia editors by creating their Profile pages, etc.

In order to familiarise students with the key Telugu and Malayalam terminology in their areas of study (cultural studies, linguistics, education), an exercise was conducted in which each participant tried to describe a few of the concepts without using the term itself. A successful description would draw attention to the intellectual work done by the concept, and establish its usefulness in the relevant language context. Animated discussion took place around concepts like public sphere, labour/work, human rights, feminism, caste, culture, etc. In a second exercise, the denotative meaning and connotative meaning of selected key terms were discussed, with a view to understanding how they could be used in Indian language writings. Following this exercise, participants also attempted to map the cluster of concepts associated with their chosen concept so they could comprehend the larger cognitive context of each term. They were then introduced to how hyper-linking and giving suitable references are a significant part of Wikipedia editing strategy. Participants ended the day by shortlisting topics for entries they wanted to create on Wikipedia.

Day Two began with an exercise that aimed to explore translation challenges on Wikipedia. Since one way of increasing Indian-language content was to translate or transcreate existing Wikipedia articles, students needed to be aware of the problems this task could pose, and the possible solutions that could be adopted. Workshop participants were asked to choose English Wikipedia entries on one person, one book, and one concept each, and report on the difficulties they encountered while attempting to translate the English content, at the level of terminology, conceptual framework or subject matter. The ensuing discussion was useful not only in consolidating strategies for translation but also in drawing attention to the problems of creating Indian-language content in areas of knowledge which have become familiar to us through the modern university curriculum.

In the last phase of the workshop, participants focused on creating their entries in Telugu and Malayalam. A few succeeded in creating three entries each, while the others managed to do at least two. The faculty of EFLU and TISS Hyderabad who were present at the workshop have agreed to meet with their students once a month to do production sprints for new content, thus ensuring that those who were merely digital users have indeed become digital authors.

For more details visit https://cis-india.org/openness/blog-old/developing-open-knowledge-digital-resources-in-indian-languages

Cultural knowledge needs to be more open

praskrishna — 2015-03-12T16:41:05Z

Subhashish Panigrahi is an educator and open source activist based in Bangalore, India. He is currently working at the Centre for Internet and Society's Access To Knowledge program where he builds partnership with universities, language researchers, and GLAM organizations.

The blog post by Jen Wike Huger was published on the website of OpenSource.com. It can be read here.

Their goal is to bring more scholarly and encyclopedic content under free licenses. During his work at the Wikimedia Foundation's India Program, Subha was involved in designing community sustaining and new contributor cultivation models.

For his effort to share and spread open source far and wide, this year he was awarded a 2015 Opensource.com People's Choice Award.

His most recent articles include: Digitize any book in the public domain, on his work to with Indian poetry important to the culture. Books and more are relicensed to Creative Commons, about news from the Wikimedia Foundation. Mozilla brings Indian communities together, about the Indic FirefoxOS L10n Sprint 2014. And, Open access platform to save the Odia Indian language, on his work to preserve his native culture.

The Basics

Name: Subhashish Panigrahi ("Subha")
Opensource.com username: psubhashish
Location: India (Bengaluru and Odisha)
Occupation/Employer/Position: Programme Officer, Centre for Internet and Society
Favorite open source tool or application: Audacity
Favorite Opensource.com channel: Education

Open up to us

I was away from home for my studies and was longing to read and write more in my native language of Odia. That led me to co-found eOdissa.com, a portal to tell stories to the rest of the world about my language, history, and cultural heritage. I was a sporadic editor on Wikipedia; anonymously since 2006. Then, in 2011, I was introduced to editing for Odia Wikipedia by my mentor Shiju Alex and friend Asutosh Kar.

That was my entry point to the free software movement. And it was a trap I could never get out of!

I thankfully began a full-time job with the Wikimedia Foundation in 2012 for its India Program. The program is now housed with their Indian movement partner, Centre for Internet and Society, under the Access To Knowledge program. I work in the Bengaluru office but mostly travel to work with the communities. I work on building capacity for the Indian language Wikimedia communities, building institutional partnerships for long term outreach engagement, negotiating with publishers and copyright holders to bring more content relicensed under Creative Commons licenses, and taking part in policy level discourses around open access and enforcing free software for governance.

What open tools and data help you get things done?

For my day job, I solely rely on Wikimedia Stats to collate data related to Wikimedia projects. I use some Python programming, jQery.ime, and JavaScript for other data-related work. But, I am a people's man and my interaction is mostly with humans rather than tools.

What do you wish were more open?

GLAM (galleries, libraries, archives and museums) and many other cultural institutions have historically been the keepers of cultural knowledge. But I see possessiveness in not opening up their archival for public consumption. I wish more policy level negotiations and open collaborations were happening to open up cultural data.

What are the biggest challenges to openness that you encounter, either at work or in your life?

Community and its growth. Working in a developing nation with historical, cultural, economic, and political hindrances pulls volunteerism down. It's is a huge challenge for me. Tapping into many existing networks and communities, and leveraging ongoing activities for the betterment for the free and open source movement, is something I am struggling for.

Why choose the open source way?

I would like to quote a good friend and activist Michelle Thorne who says, "Human civilization has everything free and open from the beginning, but slowly the problems of restriction start beginning." Furthermore filmmaker Nina Paley says, "Knowledge is not created by us, rather shared by us."

If we are here to share knowledge, why to restrict its free flow?

For more details visit https://cis-india.org/openness/news/opensource-feburary-18-2015-jen-wike-huger-cultural-knowledge-needs-to-be-more-open

Academia and Civil Society submit critical comments to DIPP on draft National IPR Policy

sinha — 2015-03-08T11:27:05Z

As our readers may be aware, the DIPP had initiated public consultation on the drafting of India’s first National IPR policy in November 2014.

These were published as two separate blog posts on Spicy IP (Part I and Part II).

The second round of consultation on the National IPR Draft Policy (draft policy) ended on January 31, 2015. Last week, we brought to you a guest post by Raghul Sudheesh who presented criticisms submitted by Prof. NS Gopalakrishnan, Director and Dr. TG Agitha, Associate Professor at Inter University Centre for Intellectual Property Rights Studies (IUCIPRS at CUSAT).

This two part post highlights two more submissions: first, made by Prof. Srividhya Ragavan (University of Oklahoma), Prof. Brook Baker (Northeastern University), Prof. Sean Flynn(American University) (click here); and second, by Centre for Internet and Society, Bangalore (CIS). In November 2014, the professors also made submissions to the Office of United States Trade Representative (USTR) objecting to US’ threats of unilateral trade sanctions, and argued in support of India’s current IPR regime.

The following sections discuss the submission made by Prof. Srividhya Ragavan, Prof. Brook Baker and Prof. Sean Flynn. The authors have shared with us a draft version of the submission as well (authored by Prof. Raghavan and Prof Baker) and you may access it here. The two submissions are substantially similar, and therefore, I have discussed the points made in the final submission only.

Broad observations and caveats

According to the authors, the policy begins with a noble objective to maintain a balance between rights and obligations (protections, limitations and exceptions) as a means to serve constitutionally recognized ends of developing scientific and creative capacities of Indian society. However, the objective soon loses steam when one comes across clauses disturbing the balance in favour of rights holders (highlighted in subsequent sections).

The document also erroneously treats IP as an end in itself, rather than a means to higher social goals and functions; and fails to mention that there exist non-IP centric policies, which are equally, possibly better suited to meet such goals. The document depicts IP as a magic tool to disperse greater creativity and innovation. In view of such dubious characterisation of IP, the authors are quick to add that the policy would be more aptly titled “Views on the Future of Creativity and Innovation in India”! To fix this muddled projection of IP, the authors at the very outset recommend that the policy imbibe the following norms, broadly:

Firstly, intellectual property systems are means to the greater ends of society, not ends in themselves.
Secondly, the ends that IP is meant to serve include to promote both production of and access to fruits of science and creativity.
Thirdly, in order to achieve the production and access promoting ends of there is a need for context-specific tailoring of protections and exceptions and limitations to achieve a proper balance of rights and obligations.

Further, the policy recommends India becoming more active in negotiations at the international level, and in this regard the authors suggest India to actively resist and reject any TRIPS plus provisions. They express concern about the policy’s intent on commercializing IP, and warn about not going overboard with the commercialization, lest it interferes or diminishes access to medicines, and state that this is where the policy should have mentioned flexibilities in Indian IP law. While addressing specific clauses, the authors warn that steps to introduce a trade secret legislation should be mulled over more, and the proposed law should reconcile with protection of traditional knowledge. Reviewing legislations and their implementation is a welcome step, but law makers need to be extremely cautious before adding more protections to the IP mix. The authors also raise their doubts about the competence and expertise of the think-tank constituted to draft the policy.

What the policy should have done instead (as per the submission)

Articulated the limited role of IP in fostering innovation, creativity and societal goals more accurately – the policy goes as far as to deem copyright and patents as ‘intellectual creations’ on page one! The policy should also have highlighted literature which indicated that IP promises are grossly overemphasized particularly with respect to low- and lower-middle income countries.
Not glorified IP as a magic tool at the altar of other instruments (effective instruments include capacity building, technology transfer, and investment strategies) to increase economic growth. For instance, the IP Hall of Fame section proposes to celebrate only ‘IP innovators &creators’ and ignores other innovators/creators.
Stressed on the importance of limitations and exceptions – the policy calls for case studies of “successful use of IPRs” but not of limitations and exceptions to intellectual property rights, nor of open access tools like Creative Commons licensing or of any other knowledge governance policies. By neglecting the role of limitations and exceptions and focusing on IPRs only, the policy also takes two steps backwards by ignoring amendments to patent and design laws – changes which facilitated the introduction of flexibilities into India’s IPR law. The policy should have also defended India’s compulsory licensing decisions and produced evidence to support the same.
Held back on its enthusiasm to increase the infrastructure for IP specialist courts. In a country where the poor is struggling with access to justice, it is unjustified to put such matters on the backburner and focus on IP adjudication.

In the end, the authors draw up a list of core IP debates that the policy should address, inter alia: clarification of patent eligibility threshold on controversial subject matters; reexamination of the policy on exhaustion of IP rights; calibration and defining the impact of competition law on the exercise of IP exclusive rights; deciding whether India will continue to improve the compulsory and government use licensing regime to broaden permissible grounds for such licenses; articulating India’s position on counter IP overreach of other countries on IP and trade such as USTR’s unilateral Special 301 Watch List and US International Trade Commission investigations; increasing collaboration with developing countries to take a coordinated stand on common IP and trade issues; clarifying and broadening standards for fair use and affordable access to copyright protected works and translation of the same, especially with respect to educational and scientific resources, etc.

Public consultation on the first draft of the National IPR Policy concluded this month. The DIPP received many submissions on the draft policy and also held stakeholder meetings. We’ve discussed two other submissions on SpicyIP (here and here), and this post discusses the submission made by Centre for Internet and Society, India. For our readers’ information, Centre for Internet and Society (CIS) is a non-profit research organisation that works in the areas of issues of intellectual property law reform, openness, privacy, freedom of speech and expression and Internet governance, accessibility for persons with disabilities, and engages in academic research on digital humanities and digital natives.

Like the other two submissions, CIS’ submission also reiterates that a National IPR Policy is not something to be rushed into without adequate evidence and consultation. The submission highlights certain principles that should be followed in the the formulation of a National IPR Policy, and also provides comments and recommendations for the draft policy. To begin with, the submission claims that the vision and mission are at odds with the methods suggested by the draft Policy. While the vision encourages growth for the ‘benefit of all’ and embraces the philosophy that knowledge owned (should be) ‘transformed into knowledge shared’ and, the mission expresses a commitment to establish a balanced, dynamic and vibrant intellectual property system in India, both sections leave much to be desired. The policy should also have envisioned (and set a mission) towards:

The creation of a balanced IP framework and committing to do so by including adequate limitations and exceptions; duly acknowledged that IP is not necessarily the best and the only solution to promoting creativity, innovation and access; and prevent unreasonable and disproportionate remedies to IPR law violations; and
Recognized that upholding freedom of expression and due process of law are essential pillars of any IP regime.

One of the (many) assumptions made by the policy is that increased IP will lead to a corresponding growth in innovation. The submission flags this and cites evidence to prove that there exists no established nexus between intellectual property and innovation, and there are reports which suggest that an increase in patents is not directly proportional to an increase in innovation and productivity. Many academic papers have concluded that the connection between patents and innovation/productivity is at best, unambiguous, and there are no positive correlations in the developing countries.

The submission also warns against introduction of a utility model protection system and mentions a couple of drawbacks- explosion in litigation of poor quality patents and legal uncertainty – which impact small business the maximum in terms of costs; risk of the system being used by foreign companies more than local firms. Utility model rights can be, and have been, used by companies to cordon off entire areas of research. Reports also suggest that in China, the abundance of utility models has led to lowering of quality of innovation. Creation of a second-tier patent protection system would lead to a deluge of low quality patents, and the impact of such a system remains debatable, especially in a developing country like India.

The policy also makes an unequivocal commitment to increase IP output at national research labs and universities. The submission cautions against use of excessive IP to cordon off timely access to valuable research produced at public funded institutions and points out that the commitment is at odds with its vision of ‘knowledge sharing’. Any IP resulting from of publicly funded research should automatically belong to the funder. Further, a focus on maximising IP will lead to research being conducted only in areas of commercial value. The objective of the section goes against the recent steps by the government to make research openly accessible in Department of Science and Technology and the Department of Biotechnology as well as other institutions. On a similar note, the submission recommends that the government develop and support the evolution of open standards. The Policy must not encourage use of IP to limit access to standards, because these are the foundational rules any technology must adhere to enter the market or ensure quality. To make the government’s ‘Digital India’ and ‘Make in India’ initiatives a success, it is imperative that standards are openly accessible – not just for the technology sector, but also India’s manufacturing sector. It would also help to establish reasonable and non-discriminatory patent pools, so that even small scale entities can commercialise their inventions based on standards with relative ease. For instance, CIS has earlier proposed that the establishment of a a government-aided patent pool of standard essential technologies in mobile phones will facilitate cross-licensing. This may potentially help avoid a patent thicket and patent licensing war in India, the kind that has erupted internationally.

On the issue of negotiating international treaties and agreement, the submission recommends that the policy state that such negotiations shall be conducted in consultation with various stakeholders, and in a transparent manner. Regional FTAs should not override nor dilute TRIPS’ flexibilities.

Lastly, it strongly pushes the policy to not just ‘study the role of limitations and exceptions’ as future policy development, but also commit to include, adopt and periodically renew of limitations and exceptions in India’s intellectual property laws.

In conclusion, the submission seeks the creation of a policy which encourages greater use of exceptions and limitations to the otherwise exclusionary use of intellectual property, encourages the expansion of the public domain, secures proportionality in enforcement of IP rights, promotes alternatives to IP – including open access to scholarly literature, open educational resources, free/open source software, open standards, open data, and aims to create a regime of intellectual property that aims to serve the public interest and not just the narrow interest of private right holders.

For more details visit https://cis-india.org/a2k/blogs/academia-and-civil-society-submit-critical-comments-to-dipp-on-draft-national-ipr-policy

[OpenGLAM] Nominate an OpenGLAM project today for the 2015 Muse Awards

praskrishna — 2015-05-27T14:08:55Z

It's that time of the year again to nominate projects for the Muse Awards! This is like the Oscar of GLAM awards in the USA and welcomes international submissions.

Our esteemed jury comprises of:

Glen Barnes, Founder/CEO of MyTours and co-founder of Open New Zealand
Dominic McDevitt-Parks, Digital Content Specialist, National Archives and Records Administration
Subhashish Panigrahi, Programme Officer, Centre for Internet and Society
Jane Park, Project Manager, Creative Commons
Lieke Ploeger, Community Manager, Open Knowledge Foundation
Merete Sanderhoff, Curator, National Gallery of Denmark

Submissions are due Feb 23.

Please submit your OpenGLAM projects!!! This is a volunteer driven process, and we throw a big award ceremony with lots of champagne at the annual AAM conference.

More details here.

For more details visit https://cis-india.org/openness/news/open-glam-nominate-open-glam-project-today-for-2015-muse-awards

Preliminary Submission on "Internet Governance Issues" to the Associated Chambers of Commerce & Industry of India

geetha — 2015-02-12T14:52:04Z

On January 30, 2015, Associated Chambers of Commerce & Industry of India (ASSOCHAM) held a consultation on Internet governance. A committee was set up to draft a report on Internet governance, with a focus on issues relevant to India. The Centre for Internet and Society (CIS) is represented on the committee, and has provided its preliminary comments to ASSOCHAM.

ASSOCHAM convened a meeting of its members and other stakeholders, at which CIS was represented. At this meeting, inputs were sought on Internet governance issues relevant for India, on which the industry body proposed to make comments to the Ministry of External Affairs, Government of India. Such a discussion, proposing to consolidate the views of ASSOCHAM members in consultation with other stakeholders, is a commendable move. This submission presents preliminary comments from the Centre for Internet and Society (CIS) in light of ASSOCHAM's consultation on Internet governance.

I. About CIS

1. CIS is a non-profit research organization that works, inter alia, on issues relating to privacy, freedom of expression, intermediary liability and internet governance, access to knowledge, open data and open standards, intellectual property law, accessibility for persons with disabilities, and engages in academic research on the budding Indian disciplines of digital natives and digital humanities.

2. CIS engages in international and domestic forums for Internet governance. We are a Sector-D member of the International Telecommunications Union (ITU),[1] and participated in the World Conference on International Telecommunications (WCIT), 2012 (Dubai) [2] and the Plenipotentiary Conference, 2014 (Busan).[3] We have also participated in the WSIS+10 Multistakeholder Preparatory Platform (MPP)[4] and the WSIS+10 High Level Event, organized by the ITU.[5]

3. CIS is also a member of the Non-Commercial Users Constituency (NCUC) at ICANN. Pranesh Prakash, our Policy Director, held a position on the NCUC Executive Committee from December 2013 to November 2014.[6]

4. CIS has been engaging at the Internet Governance Forum (IGF) since 2008, and has organized and participated in over 60 panels to date.[7] We have also organized panels at the Asia-Pacific Regional IGF (APrIGF). [8] Our Executive Director Sunil Abraham is a member of the Multistakeholder Advisory Group (MAG) for the India-IGF, and has attended in its meetings.[9] We are also in the process of developing international principles for intermediary liability, in collaboration with international civil society organisations like EFF and Article19. [10]

II. Structure of Submission

5. In this submission, we identify issues in Internet governance where engagement from and within India is necessary. In particular, brief descriptions of issues such as freedom of expression and privacy online, cyber-security, critical Internet resources and ICANN, multistakeholderism and net neutrality are provided.

III. Internet Governance Issues

6. The history of the Internet is unique, in that it is not exclusively government-regulated. Though governments regulate the Internet in many ways (for instance, by ordering website blocking or filtering, licensing of ISPs, encryption controls, investment caps, etc.), the running of the Internet is largely in the hands of private businesses, technical organisations and end-users.

7. International processes like the World Summit on Information Society (WSIS), and forums such as ICANN, the ITU, the IGF and the UN are involved in governing in the Internet in many ways. Regional organisations like the OECD, APEC and the Shanghai Cooperation Organisation (SCO) are also involved (for instance, in cyber-security matters).

8. The issues surrounding Internet governance are many, and range from telecom infrastructure and technical coordination to human rights and access to information.

Rights Online

9. The status of 'human rights online' has come under discussion, with the NETmundial Outcome Document affirming that offline rights must also be protected online. These issues are important in the context of, among others, the large scale violations of privacy in light of the Snowden Revelations,[11] and increased instances of website blocking and takedowns in different parts of the world.[12]

10. Internationally, issues of freedom of speech, privacy and access or the digital divide (though it is debatable that the latter is a human right) are discussed at the UN Human Rights Council, such as the resolution on human rights and the Internet, and the UN Human Rights Commissioner's report on the right to privacy in the digital age , which discusses the need for checks and balances on digital mass surveillance. During the Universal Periodic Review of India in 2012, India noted a recommendation from Sweden to " ensure that measures limiting freedom of expression on the internet is based on clearly defined criteria in accordance with international human rights standard ".

11. Freedom of speech and privacy are also relevant for discussion at the ITU.[13] For instance, at the Plenipotentiary meeting in 2014 (Busan), India proposed a resolution that sought, among other things, complete traceability of all Internet communications. [14] This has implications for privacy that are not yet addressed by our domestic laws. A Privacy Bill and such other protections are only in the pipeline in India.[15]

12. At ICANN as well, the root zone management function may affect freedom of expression. If, for instance, a top level domain (TLD) such as .com is erased from the root zone file, hundreds of thousands of websites and their content can be wiped from the World Wide Web. A TLD can be erased by Verisign if a request to that effect is raised or accepted by ICANN, and signed off on by the National Telecommunications and Information Administration (NTIA) of the US government. Similarly,the WHOIS database, which contains information about the holders of domain names and IP addresses, has implications for privacy and anonymity.

13. In India, the judiciary is currently adjudicating the constitutionality of several provisions of the Information Technology Act, 2000 (as amended in 2008), including S. 66A, S. 69A and S. 79. A series of writ petitions filed, among others, by the Internet Service Providers Association of India (ISPAI) and Mouthshut.com, relate to the constitutionality of the nature of content controls on the Internet, as well as intermediary liability. [16]

14. A judgment on the constitutionality of Ss. 66A, 69A and 79 are crucial for end-users and citizens, as well as companies in the Internet ecosystem. For instance, an uncertain intermediary liability regime with penalties for intermediaries - S. 79, IT Act and Intermediaries Guidelines Rules, 2011 - disincentivises ISPs, online news websites and other content providers like Blogger, Youtube, etc. from allowing free speech to flourish online. [17] The ongoing cases of Kamlesh Vaswani v. UOI and Sabu George v. UOI also have consequences for ISPs and search engines, as well as for fundamental rights.[18] International and domestic engagement is desirable, including in consultations with the Law Commission of India (for instance, the consultation on media laws).

Critical Internet Resources

15. Critical Internet Resources form the backbone of the Internet, and include management of IP addresses, the domain name system (DNS) and the root zone. [19] ICANN, a global non-profit entity incorporated in California, manages the IANA functions (Internet Assigned Numbers Authority) for the global Internet. These functions include allocating the global pool of IP addresses (IPv4 and IPv6) to Regional Internet Registries (RIRs), administering the domain name system and maintaining a protocol registry.

16. At present, the IANA functions are performed under a contract with the NTIA. On March 14, 2014, the NTIA announced its intention to transition oversight of the IANA functions to an as-yet-undetermined "global multi-stakeholder body". The deadline for this transition is September 30, 2015, though the NTIA has expressed its willingness to renew the IANA contract and extend the deadline. ICANN was charged with convening the transition process, and set up the IANA Coordination Group (ICG), a team of 30 individuals who will consolidate community input to create a transition proposal. At the moment, thenames (CWG-Names),numbers (CRISP) and protocols (IETF) communities are debating existing draft proposals. A number of new entities with which ICANN will have contractual arrangements have been proposed. At ICANN's meetings in Singapore (February 7-12, 2015) and Buenos Aires (June 2015), these proposals will be discussed.

17. At the same time, a parallel track to examine ICANN's own transparency and accountability has been introduced. The CCWG-Accountability is considering ICANN's accountability in two Workstreams: first, in light of the IANA transition and second, a revision of ICANN's policies and by-laws to strengthen accountability. ICANN's accountability and transparency are crucial to its continued role in Internet governance.

18. Several issues arise here: Should ICANN continue to remain in the US? Should the IANA Functions Department be moved into a separate entity from ICANN? Ought ICANN's by-laws be amended to create oversight over the Board of Directors, which is now seen to have consolidated power? Ought ICANN be more transparent in its financial and operational matters, proactively and reactively?

19. It is, for instance, beneficial to the stability of the Internet and to India if the IANA department is separate from ICANN - this will ensure aseparation of powers. Second, stronger transparency and accountability mechanisms are necessary for ICANN; it is a growing corporate entity performing a globally Internet function. As such, granular information about ICANN's revenues and expenses should be made public. See, for ex.,CIS' request for ICANN's expenses for travel and meetings, and ICANN's response to the same.

20. The most ideal forum to engage in this is ICANN, and within India, working groups on Internet governance at the Ministry level. As such, ASSOCHAM may seek open, transparent and inclusive consultations with the relevant departments of the Government (the Ministry of External Affairs, DeitY, Department of Telecommunications). At ICANN, industry bodies can find representation in the Business Constituency or the Commercial Stakeholders Group. Additionally, comments and proposals can be made to the ICG and the CCWG-Accountability by anyone.

Cyber-security

21. Cyber-security is often used as an umbrella-term, covering issues ranging from network security (DNSSEC and the ICANN domain), cyber-crime, and cyber-incidents such as the Distributed Denial of Service attacks on Estonian public institutions and the Stuxnet virus that attacked Iran's nuclear programme. Within the ITU, spam and child safety online are also assessed as security issues (See Study Group 17 under ITU-T).

22. At the international level, the UN Group of Governmental Experts has published three reports to date, arguing also that in cyber-security incidents, international humanitarian law will apply. International humanitarian law applies during armed attacks on states, when special rules apply to the treatment of civilians, civilian and military buildings, hospitals, wounded soldiers, etc.

23. The ITU also launched a Global Cybersecurity Agenda in 2007, aiming at international cooperation. Such cooperative methods are also being employed at the OSCE, APEC and the SCO, which have developed drafts of Confidence Building Measures. The Global Conferences on Cyberspace (London 2011, Budapest 2012, Seoul 2013, The Hague 2015) resulted in, inter alia, the Budapest Convention on Cybercrime. India has not ratified the Convention, and remains tight-lipped about its security concerns.

24. Surveillance and monitoring of online communications is a crucial issue in this regard. In India, the surveillance power finds its source in S. 5, Telegraph Act, 1888, and the Rule 419A of the Telegraph Rules, 1951. Further, S. 69 of the Information Technology Act, 2000 and the Interception Rules, 2009 enable the government and authorized officers to intercept and monitor Internet traffic on certain grounds. Information regarding the implementation of these Rules is scant.

25. In any event, the applicability of targeted surveillance should be subject to judicial review , and a balance should be struck between fundamental rights such as freedom of speech and privacy and the needs of security. An accountability model such as that present in the UK for the Interception of Communications Commissioner may provide valuable insight.

26. In India, the government does not make public information regarding its policies in cyber-security and cybercrime. This would be welcome, as well as consultations with relevant stakeholders.

Models of Internet Governance

27. Multi-stakeholderism has emerged as one of the catchphrases in Internet governance. With the display of a multi-stakeholder model at NETmundial (April 2014), controversies and opinions regarding the meaning, substance and benefits of multi-stakeholderism have deepened.

28. The debates surrounding stakeholder-roles in Internet governance began with ¶49 of the Geneva Declaration of Principles and ¶35 of the Tunis Agenda, which delineated clear roles and responsibilities. It created a 'contributory' multi-stakeholder model, where states held sovereign authority over public policy issues, while business and civil society were contributed to 'important roles' at the 'technical and economic fields' and the 'community level', respectively.

29. As the WGEC meeting (April 30-May 2, 2014) demonstrated, there is as yet no consensus on stakeholder-roles. Certain governments remain strongly opposed to equal roles of other stakeholders, emphasizing their lack of accountability and responsibility. Civil society is similarly splintered, with a majority opposing the Tunis Agenda delineation of stakeholder-roles, while others remain dubious of permitting the private sector an equal footing in public policy-making.

30. The positions in India are similarly divided. While there is appears to be high-level acceptance of "multi-stakeholder models" across industry, academia and civil society, there exists no clarity as to what this means. In simple terms, does a multi-stakeholder model mean that the government should consult industry, civil society, academia and the technical community? Or should decision-making power be split among stakeholders? In fact, the debate is more specific.

31. In India, the Multistakeholder Advisory Group (MAG) for the India-IGF was established in February 2014, and some meetings were held. Unfortunately, neither the minutes of the meetings nor action points (if any) are publicly available.

32. The Indian government's position is more complex. At the 68^th UN General Assembly session in 2011, India argued for a (multilateral) 50-member UN Committee on Internet-related Policies (CIRP). However, the Ministry for Communications and Information Technology (MCIT) has, over the years, presented differing views at the IGF and ITU through its two departments: DeitY and DoT. Further, at the meetings of the Working Group on Enhanced Cooperation (WGEC), India has presented more nuanced views, suggesting that certain issues remain within the governmental domain (such as cyber-security and child online protection). At the 9^th IGF (Istanbul, September 2014), Mr. R.S. Sharma of the DeitY echoed such a view of delineated roles for stakeholders.

33. A clear message from the Indian government, on whether it favours multistakeholderism or governmental policy authority for specific issues, would be invaluable in shaping opinion and domestic processes. In any event, a transparent consultative procedure to take into account the views of all stakeholders is desirable.

Emerging Issues

Net Neutrality

34. In simple terms, net neutrality concerns differential treatment of packets of data by carriers such as ISPs, etc. over networks. The issue has gained international attention following the U.S. FCC's regulatory stance, and the U.S. Court of Appeal's 2014 decision in Verizon v. FCC. Though this decision turned on the interpretation of 'broadband providers' under the Communications Act, 1934, net neutrality has since been debated in the US, both by the FCC and other stakeholders. There is no international consensus in sight; the NETmundial Outcome Document recognized net neutrality as an emerging issue (page 11, no. IV).

35. In India, a TRAI consultation on Over-The-Top Services on August 5, 2014 brought concerns of telecom and cellular operators to light. OTTs were seen as hijacking a portion of telcos' revenues, and as lacking consumer protection and privacy safeguards. While these concerns are legitimate, net neutrality regulation is not yet the norm in India. In any event, any such regulation must take into account the consequences of regulation on innovation, competition, and consumer choice, as well as on the freedom of the medium (which may have detrimental impacts freedom of expression).

36. Though net neutrality regulation is being mooted, there is as yet anarray of definitions of 'net neutrality'. The views of telcos themselves differ in India. Further study on the methods of identifying and/or circumventing net neutrality is necessary before a policy position can be taken.

IV. Conclusions

37. CIS welcomes ASSOCHAM's initiative to study and develop industry-wide positions on Internet governance. This note provides brief descriptions of several issues in Internet governance where policy windows are open internationally and domestically. These issues include freedom of expression and privacy under Part III (Fundamental Rights) of the Constitution of India. The Supreme Court's hearing of a set of cases alleging unconstitutionality of Ss. 66A, 69, 69A and 79 (among others) of the IT Act, 2000, as well as consultations on issues such as pornography by the Rajya Sabha Parliamentary Committee and media laws by the Law Commission of India are important in this regard.

38. International and domestic engagement is necessary in the transition of stewardship of the IANA functions, as well as ICANN's own accountability and transparency measures. Similarly, in the area of cyber-security, though several initiatives are afoot internationally, India's engagement has been cursory until now. A concrete position from India's stakeholders, including the government, on these and the question of multi-stakeholderism in Internet governance would be of immense assistance.

39. Finally, net neutrality is an emerging issue of importance to industry's revenues and business models, and to users' rights such as access to information and freedom of expression.

[1] CIS gets ITU-D Sector Membership, goo.gl/PBGKWt (l.a. 8 Feb. 2015).

[2] Letter for Civil Society Involvement in WCIT, goo.gl/gXpYQD (l.a. 8 Feb. 2015).

[3] See, ex., Hariharan, What India's ITU Proposal May Mean for Internet Governance, goo.gl/hpWaZn (l.a. 8 Feb. 2015).

[4] Panday, WSIS +10 High Level Event: Open Consultation Process MPP: Phase Six: Fifth Physical Meeting, goo.gl/3XR24X (l.a. 8 Feb. 2015).

[5] Hariharan, WSIS+10 High Level Event: A Bird's Eye Report, goo.gl/8XkwyJ (l.a. 8 Feb. 2015).

[6] Pranesh Prakash elected as Asia-Pacific Representative to the Executive Committee of NonCommercial Users Constituency, goo.gl/iJM7C0 (l.a. 8 Feb. 2015).

[7] See, ex., CIS@IGF 2014, goo.gl/Werdiz (l.a. 8 Feb. 2015).

[8] Multi-stakeholder Internet Governance: The Way Ahead , goo.gl/NuktNi; Minimising legal risks of online Intermediaries while protecting user rights, goo.gl/mjQyww (l.a. 8 Feb. 2015).

[9] First Meeting of the Multistakeholder Advisory Group for India Internet Governance Forum, goo.gl/NCmKRp (l.a. 8 Feb. 2015).

[10] See Zero Draft of Content Removal Best Practices White Paper, goo.gl/RnAel8 (l.a. 8 Feb. 2015).

[11] See, ex., UK-US surveillance regime was unlawful 'for seven years', goo.gl/vG8W7i (l.a. 9 Feb. 2015).

[12] See, ex., Twitter: Turkey tops countries demanding content removal, goo.gl/ALyO3B (l.a. 9 Feb. 2015).

[13] See, ex., The ITU convenes a programme on Child Online Protection, goo.gl/qJ4Es7 (l.a. 9 Feb. 2015).

[14] Hariharan, Why India's Proposal at the ITU is Troubling for Internet Freedoms, goo.gl/Sxh5K8 (l.a. 9 Feb. 2015).

[15] Hickok, Report of the Group of Experts on Privacy vs. The Leaked 2014 Privacy Bill, goo.gl/454qA6 (l.a. 9 Feb. 2015).

[16] See, Supreme Court Of India To Hear Eight IT Act Related Cases On 11th April 2014 - SFLC, goo.gl/XLWsSq (l.a. 9 Feb. 2015).

[17] See, Dara, Intermediary Liability in India: Chilling Effects on Free Expression on the Internet, goo.gl/bwBT0x (l.a. 9 Feb. 2015).

[18] See, ex., Arun, Blocking online porn: who should make Constitutional decisions about freedom of speech?,goo.gl/NPdZcK; Hariharan & Subramanian, Search Engine and Prenatal Sex Determination: Walking the Tight Rope of the Law, goo.gl/xMj4Zw (l.a. 9 Feb. 2015).

[19] CSTD, The mapping of international Internet public policy issues, goo.gl/zUWdI1 (l.a. 9 Feb. 2015).

For more details visit https://cis-india.org/internet-governance/blog/preliminary-submission-on-internet-governance-issues-to-assocham