Centre for Internet and Society

NETmundial Day 2

achal — 2014-04-25T04:58:26Z

Fadi Chehade, the ICANN boss, closed NETmundial 2014 with these words "In Africa we say if you want to go first, go alone, but if you want to go far, go together." He should have added: And if you want to go nowhere, go multi-stakeholder.

For all the talk of an inclusive global meeting, there was exactly one governmental submission from the African continent, and it was from Tunisia; and the overall rate of submissions from Africa and West Asia were generally very low.

The outcome document perfectly reflects the gloss that the "multi-stakeholder" model was designed to achieve: an outcome that is celebrated by businesses (and by all embedded institutions like ICANN) for being harmless, met with relief by governments for not upsetting the status quo, all of it lit up in the holy glow of "consensus" from civil society.

Of course there was no consensus. Civil society groups who organised on Day 0 put up their position: the shocking omission of a strong case for net neutrality, ambiguous language on surveillance, weak defences of free expression and privacy. All valid points. But it's striking that civil society takes such a pliant position towards authority: other than exactly two spirited protests (one against the data retention in Marco Civil, and the other against the NSA's mass surveillance program) there was no confrontation, no provocation, no passionate action that would give civil society the force it needs to win. If we were to compare this to other international struggles, the gay rights battle, or its successor, the AIDS medicines movement, for instance - what a difference there is. People fought to crush with powerful, forceful action. Only after huge victories with public and media sympathy, and only after turning themselves into equals of the corporations and governments they were fighting, did they allow themselves to sit down at the table and negotiate nicely. Internet governance fora are marked by politeness and passivity, and perhaps - however sad - it's no wonder that the least powerful groups in these fora always come away disappointed.

It's also surprising that there is no language in the outcome document that explicitly addresses the censorious threat posed by the global expansion of a sovereign application of copyright, as seen most vividly in the proposed SOPA/PIPA legislation in the United States. The outcome document has language that seems to more or less reflect the civil society proposal, and it's possible that a generous interpretation of the language could mean that it opposes the selective, restrictive and damaging application of what the intellectual property industries want to accomplish on the Internet. But it's puzzling that the language isn't stronger or more explicit, and even more puzzling that civil society doesn't seem to want to fight for such language.

This seems like an appropriate time to end the multi-stakeholder diaries. Hasn't the word been used enough? Here is one last instalment. We thank the kind folks who gave us their time.

Q: What does "multi-stakeholder" mean? What is "multi-stakeholderism"?

A large part of the discourse prior to the NETmundial conference has been centered around the issue of what is the best structural system to regulate a global network – this has commonly been portrayed as a choice between a multistakeholder system – which broadly speaking, aims to place ‘all stakeholders’ on equal footing – against multilateralism – a recognized concept in International law / the Comity of Nation States, where a nation state is recognized as the representative of its citizens, making decisions on their behalf and in their interests.

In our opinion, the issue is not about the dichotomy between multilateralism and multistakeholderism; it is about what functions or issues can legitimately be dealt with through each of the processes in terms of adequately protecting civil liberties and other public interest principles – including the appropriate enforcement of norms. For instance, how do you deal with something like cyber warfare without the consent of states? Similarly, how do we address regulatory issues such as determining (and possibly subsidizing) costs of access, or indeed to protect a right of a country against unilateral disconnection?

.....The crux of the matter rests in deciding which is the best governance ‘basket’ to include a particular issue within – taken from both a substantive and enforcement perspective. The challenge is trying to demarcate issues to ensure that each is dealt with effectively by placing it in an appropriate bucket. (The full post can be accessed here).
Rishab Bailey from the Society for Knowledge Commons (India)

If I would have signed the campaign http://wepromise.eu as a candidate to the European Parliament I would have made it an election promise to defend "the principle of multistakeholderism".

That means that I "support free, open, bottom-up, and multi-stakeholder models of coordinating the Internet resources and standards - names, numbers, addresses etc" and that I "support measures which seek to ensure the capacity of representative civil society to participate in multi-stakeholder forums." Further, I "oppose any attempts by corporate, governmental or intergovernmental agencies to take control of Internet governance."

My very rudimentary personal view is basically that it's a bad idea to institutionalise conflicting competences.
Erik Josefsson, Adviser on Internet policies for the Greens/EFA group in the European Parliament

And so it ends.

For more details visit https://cis-india.org/internet-governance/blog/net-mundial-day-2

NETmundial Transcript Archive

pranesh — 2014-04-23T14:31:50Z

We are archiving the live transcript from the NETmundial meeting (April 23-24, 2014).

NETmundial Day 1

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>***LIVE SCRIBING BY BREWER & DARRENOUGUE - WWW.QUICKTEXT.COM***
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>>> LADIES AND GENTLEMEN, GOOD MORNING. IN SOME MINUTES WE WILL HAVE OUR OPENING SESSION OF OUR GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF THE INTERNET GOVERNANCE. PLEASE TURN OFF YOUR MOBILE PHONES OR TURN THEM INTO VIBRATING. PLEASE TAKE YOUR SEATS. OR SHUT IT OFF. THANK YOU VERY MUCH.
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>>> LADIES AND GENTLEMEN, PLEASE TAKE YOUR SEATS AND PLEASE TURN OFF YOUR MOBILE PHONES OR SET THEM INTO SILENT MODE. IN SOME MINUTES, WE ARE GOING TO START OUR OPENING CEREMONY OF OUR GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE GOVERNANCE OF THE INTERNET.
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>>> PLEASE TAKE YOUR SEATS AND TURN OFF YOUR MOBILE PHONES OR SET THEM INTO SILENT MODE. IN A FEW MINUTES, WE WILL START OUR OPENING CEREMONY OF THE GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE.
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>>> LADIES AND GENTLEMEN, IN SOME MINUTES WE WILL START OFF THE OPENING CEREMONY OF THE GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE.
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>[MUSIC ] >> THIS IS MY INTERNET.
>>> THIS IS MY INTERNET.
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>>> LADIES AND GENTLEMEN, THE PRESIDENT OF BRAZIL, HER EXCELLENCY DILMA ROUSSEFF. THE CHAIRMAN OF NETmundial, VIRGILIO ALMEIDA, AND THE MIKE RODENBAUGH OF SAO PAULO, THE COO OF ICANN, FADI CHEHADE, AND THE REPRESENTATIVE OF THE TECHNICAL SECTOR AND CREATOR OF THE WEB, TIM BERNERS-LEE. REPRESENTATIVE OF THE PRIVATE SECRETARY AND VICE PRESIDENT OF GOOGLE, VINT CERF, AND THE REPRESENTATIVE OF THE -- OF CIVIL SOCIETY, COFOUNDER, NNENNA NWAKANMA.
>[APPLAUSE ] >> WE ARE STARTING OFF THIS EFFORT AND WE ARE GOING TO LISTEN TO THE NATIONAL ANTHEM OF BRAZIL.
>[ PLAYING OF NATIONAL ANTHEM. ] [APPLAUSE ] >> WE ARE GOING TO LISTEN TO THE WORDS OF THE MINISTER OF COMMUNICATIONS, PAULO BERNARDO.
>>>PAULO BERNARDO SILVA: GOOD MORNING, HER EXCELLENCY DILMA ROUSSEFF, MEMBERS HERE AND PARTICIPANTS OF THIS MEETING.
>LADIES AND GENTLEMEN, WELCOME TO BRAZIL AND TO NETmundial. WE ARE VERY PROUD AND FEEL VERY RESPONSIBLE FOR RECEIVING YOU IN SAO PAULO.
>ALL OF YOU WHO CARE ABOUT INTERNET IN THE FUTURE HAVE REASONS FOR BEING PLEASED WITH WHAT WE ARE GOING TO DO TODAY.
>THIS MEETING IS THE CONCRETIZATION OF ALL OUR WISHES. WE NEEDED AN ADEQUATE ENVIRONMENT FOR THIS TO BE VOICED. WE BELIEVE THAT NETmundial IS THIS ENVIRONMENT WE NEED. FREE PARTICIPANTIVE AND PLURAL, AS WELL AS THE INTERNET WE BELIEVE IN.
>AND THIS IS SO BECAUSE THE CONCERN THAT GETS US TOGETHER IS GREATER THAN THE CONCERNS OF EACH PARTY. WE ARE DISCUSSING THIS INTERNET AROUND THIS TABLE OR OTHERWISE WE WILL HAVE NO FUTURE FOR THE INTERNET FROM THE VERY FIRST MOMENT, THE DIFFERENT STAKEHOLDERS GOT INVOLVED IN THE ORGANIZATION OF THIS EVENT AND THE PROOF OF THIS ENVIRONMENT IS HERE IN THE GREAT DIVERSITY OF CONTRIBUTIONS RECEIVED.
>WE ALSO HAVE HERE MANY AUTHORITIES AND PARTICIPANTS. WE'D LIKE TO THANK EACH ONE OF YOU AND CONGRATULATE EACH ONE OF YOU FROM DIFFERENT COUNTRIES. WE'RE ALL PROTAGONISTS OF AN HISTORICAL MOMENT AND TODAY WHAT WE HAVE BEFORE US IS A CHALLENGE TO MAKE THE MOST FOR ALL THE DIFFERENT OPINIONS IN FAVOR OF A UNIQUE PATH.
>THIS PATH HAS A VERY STRAIGHT SENSE OF ORIENTATION, A FREE AND UNFRAGMENTED INTERNET. THAT'S THE BEST WE CAN HAVE, THE CAPACITY TO CONNECT, TO MOBILIZE, TO INNOVATE, TO CREATE RICHNESS OF CULTURE OR WHATEVER, AND RESPECT THE LINKS. SO INTERNET BEING RULED BY MORE PEOPLE COULD REACH MORE PEOPLE IN THE WORLD.
>SO I WISH THAT WHEN WE LEAVE SAO PAULO, WE CAN 81BRATE A NEW AND PROMISSORY BEGINNING. THIS IS OUR RESPONSIBILITY HERE, AND THANK YOU VERY MUCH. AND HAVE A GOOD MEETING. THANK YOU.
>[APPLAUSE ] >> NOW, MR. HONKING, SECRETARY-GENERAL OF THE UNITED NATIONS FOR BUSINESS MATTERS WILL DELIVER HIS MESSAGE FROM THE SECRETARY-GENERAL, BAN KI-MOON.
>>>WU HONGBO: YOUR EXCELLENCY, PRESIDENT ROUSSEFF, DISTINGUISHED MINISTERS, EXCELLENCIES, DISTINGUISHED DELEGATES, COLLEAGUES, LADIES AND GENTLEMEN.
>I'M HONORED TO BE HERE WITH YOU FOR THIS IMPORTANT EVENT. IT IS MY GREAT PLEASURE TO DELIVER A MESSAGE ON BEHALF OF THE UNITED NATIONS SECRETARY-GENERAL, MR. BAN KI-MOON.
>HERE I QUOTE: I THANK THE GOVERNMENT OF BRAZIL FOR HOSTING THE NETmundial MEETING, AND I COMMEND THIS GLOBAL MULTISTAKEHOLDER NATURE. ONLY THROUGH INCLUSIVE AND BOTTOM-UP PARTICIPATION WE BE ABLE TO FOSTER AN ACCESSIBLE, OPEN, SECURE, AND TRUSTWORTHY INTERNET.
>THE INTERNET IS TRANSFORMING SOCIETIES IN ALL REGIONS. IT IS THE BACKBONE OF OUR GLOBAL ECONOMY AND AN ESSENTIAL VEHICLE FOR DISSEMINATING INFORMATION AND IDEAS.
>ONE-THIRD OF THE PEOPLE NOW HAVE ACCESS TO THE INTERNET AND THE KNOWLEDGE AND THE TOOLS IT PROVIDES. INCREASING NUMBER OF PEOPLE NOW HAVE A PLATFORM TO VOICE THEIR OPINIONS AND PARTICIPATE IN SOCIETY FROM COMMERCE TO DEMOCRATIC DECISION-MAKING. THAT IS WHY IT IS ESSENTIAL THAT INTERNET GOVERNANCE POLICIES CONTINUE TO FOSTER FREEDOM OF EXPRESSION AND THE FREE FLOW OF INFORMATION.
>THE INTERNET AND THE INFORMATION SOCIETY HOLD TREMENDOUS PROMISE FOR THE POST-2015 DEVELOPMENT AGENDA.
>THE INTERNET CAN STRENGTHEN EFFORTS TO ERADICATE POVERTY, ADDRESS INEQUALITY, AND PROTECT AND RENEW THE PLANET'S RESOURCES.
>BUT REALIZING THE PROMISE MEANS EXPANDING INTERNET ACCESS TO NEARLY 1.3 BILLION PEOPLE WHO CURRENTLY LACK IT.
>MOST ARE IN DEVELOPING COUNTRIES AND THERE ARE SIGNIFICANT GENDER GAPS.
>INTERNET GOVERNANCE MUST, THEREFORE, WORK TO BRIDGE THE DIGITAL DIVIDE THROUGH INCLUSIVE RIGHTS-BASED POLICIES.
>INTERNET GOVERNANCE SHOULD AIM FOR UNIVERSAL ACCESS TO AN INTEROPERABLE, GLOBALLY CONNECTED, AND SAFE ONLINE SPACE.
>TO THIS END, THE PRINCIPLES OF THE WORLD SUMMIT ON THE INFORMATION SOCIETY REMAIN RELEVANT.
>THE UNITED NATIONS INVITES ALL STAKEHOLDERS TO JOIN IN THE ONGOING SUMMIT REVIEW PROCESS.
>CONFIDENCE IN THE INTERNET AND ITS GOVERNANCE IS VITAL. IF IT IS TO BE EFFECTIVELY CONTRIBUTING TO THE SUSTAINABLE DEVELOPMENT.
>IN THIS CONNECTION, I WISH TO INFORM THE MEETING I INTEND TO APPOINT AMBASSADOR JANIS KARKLINS OF LATVIA AS THE CHAIR OF THE MULTISTAKEHOLDER ADVISORY GROUP OF THE INTERNET GOVERNANCE FORUM.
>[APPLAUSE ] >>WU HONGBO: I COUNT ON MR. KARKLINS TO PROMOTE A STRENGTHENED INTERNET GOVERNANCE THROUGH BROADER PARTICIPATION, NOT ONLY BY GOVERNMENTS BUT ALSO THE PRIVATE SECTOR AND CIVIL SOCIETY, INCLUDING THE ACADEMIC AND THE TECHNICAL COMMUNITIES.
>BUILDING CONSENSUS ON THE ROADMAP FOR THE FUTURE OF INTERNET GOVERNANCE IS CRUCIAL. THIS NETmundial IS AN IMPORTANT MILESTONE. I WISH YOU A PRODUCTIVE MEETING. UNQUOTE.
>THANK YOU VERY MUCH ON BEHALF OF UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS, UNDESA. I WOULD LIKE TO THANK BRAZIL AND THE BRAZILIAN INTERNET STEERING COMMITTEE FOR NOT ONLY HOSTING THIS IMPORTANT MEETING, BUT ALSO FOR BEING CONSISTENT SUPPORTERS OF INTERNET GOVERNMENT FORUM. THE IGF COMMUNITY LOOKS FORWARD TO RUNNING TO BRAZIL FOR THE SECOND TIME FOR THE 10TH IGF IN 2015.
>THANK YOU VERY MUCH.
>[APPLAUSE ] >> NOW, WE ARE GOING TO LISTEN TO MS. NNENNA NWAKANMA, A REPRESENTATIVE OF CIVIL SOCIETY AND CONTRIBUTOR OF THE OPEN SOURCE FOUNDATION OF AFRICA.
>[APPLAUSE ] >>NNENNA NWAKANMA: OOH-LA-LA. YOUR EXCELLENCIES, COLLEAGUES, PRESENT AND REMOTE LADIES AND GENTLEMEN, (NON-ENGLISH WORD OR PHRASE). MY NAME IS I COME FROM THE INTERNET. I ALSO COME FROM DIVERSE CIVIL SOCIETY TEAMS AND NETWORKS, ONE OF WHICH IS THE TEAM THAT WORKS WITH THE WORLD WIDE WEB FOUNDATION.
>AT THE WEB FOUNDATION, WE ARE ENGAGED IN THE ALLIANCE FOR AFFORDABLE INTERNET. WE'RE ENGAGED IN THE WEB INDEX AND OPEN DATA INITIATIVES. ONE THING I DO FOR A LIVING IS TO ESTABLISH THE OPEN WEB AS A GLOBAL PUBLIC GOOD AND A BASIC RIGHT, ENSURING THAT EVERYONE CAN ACCESS AND USE IT FREELY. THAT'S WHAT I DO.
>I ALSO BELONG TO THE (INDISCERNIBLE) CIVIL SOCIETY PLATFORM, THE INTERNET GOVERNANCE CAUCUS FOR THE PAST 12 YEARS, AND THE AFRICA INTERNET GOVERNANCE FORUM.
>SO FOR ME, NETmundial, IN CONVENING US TO TAKE A CRITICAL LOOK AT THE PRINCIPLES AND ROADMAP FOR THE FUTURE OF THE INTERNET GOVERNANCE AVAILS ME WITH AN OPPORTUNITY TO RAISE THREE KEY ISSUES.
>THE FIRST ISSUE IS ACCESS.
>AS MUCH AS TWO-THIRDS OF THE WORLD'S POPULATION IS NOT YET CONNECTED TO THE INTERNET. THE PENETRATION RATES IN DEVELOPED COUNTRIES AVERAGE AROUND 31%, BUT IN AFRICA WHERE I COME FROM, WE ARE ABOUT 16%.
>IN THE WORLD'S 49 LEAST DEVELOPED COUNTRIES, OVER 90% OF THE POPULATION ARE STILL NOT ONLINE.
>WE HAVE 1 BILLION PEOPLE LIVING WITH DISABILITY, AND 80% OF THESE LIVE IN THE DEVELOPING COUNTRIES. EACH ONE OF THESE DESERVE ACCESS.
>ACCESS TO INFORMATION, ACCESS TO LIBRARIES, ACCESS TO KNOWLEDGE, AND ACCESS TO AFFORDABLE INTERNET.
>MY SECOND ISSUE IS SOCIAL AND ECONOMIC JUSTICE.
>THE INTERNET IS FAST BECOMING THE DOMINANT MEANS OF WEALTH CREATION, SO THE RIGHTS TO DEVELOPMENT, I THINK, SHOULD INCLUDE SOCIAL JUSTICE.
>FOR ME, IT IS NOT ENOUGH TO DO A SUPERFICIAL CAPACITY-BUILDING JUST FOR A FEW PERSONS. I'M LOOKING FOR THE MECHANISM THAT ALLOWS THE HIGHEST NUMBER OF PERSONS TO BE INCLUDED, THE LARGEST NUMBER OF VOICES TO BE HEARD, THE WIDEST EXTENT OF ACCESS TO INNOVATION, AND THE DEEPEST CREATIVITY FOR THE HUMAN MIND TO FLOURISH.
>FOR THIS, I THINK WE NEED TO START CONSIDERING THE INTERNET AS PUBLIC COMMENTS.
>MY THIRD ISSUE IS HUMAN RIGHTS AND FREEDOM.
>NOW I WILL INVITE YOU TO LISTEN THROUGH MY VOICE TO SOMEONE THAT I GREATLY RESPECT.
>THIS PERSON IS A "SHE." SHE WAS SPEAKING AT THE UNITED NATIONS GENERAL ASSEMBLY IN NEW YORK ON THE 25TH OF SEPTEMBER RAFT YEAR. DO YOU WANT TO HEAR WHAT SHE SAID?
>>> YES!
>>>NNENNA NWAKANMA: SHE SAID, "I CANNOT BUT DEFEND IN AN UNCOMPROMISING FASHION THE RIGHT TO PRIVACY OF INDIVIDUALS. IN THE ABSENCE OF THE RIGHT TO PRIVACY, THERE CAN BE NO TRUE FREEDOM OF EXPRESSION AND OPINION AND THERE IS NO EFFECTIVE DEMOCRACY." AND THAT WAS DILMA ROUSSEFF.
>[CHEERS AND APPLAUSE ] >>NNENNA NWAKANMA: OKAY. THANK YOU. RIGHT. LADIES AND GENTLEMEN, IN LOOKING FORWARD TOWARDS THE ROADMAP, I ALSO NEED TO RAISE THREE KEY ISSUES.
>MY FIRST ISSUE IS PARTICIPATION. WHEN WE STARTED, WE KICKED OFF WITH THE BASIC UNDERSTANDING THAT ALL STAKEHOLDERS HAVE A PLACE, A ROLE, A CONTRIBUTION.
>BUT AS WE'VE MOVED FURTHER DOWN THE LINE, THE IDEA OF MULTISTAKEHOLDER ENGAGEMENT IS GETTING MUDDLED AND IT'S LOSING A BIT OF ITS MEANING, SO I WOULD REQUEST THAT WE GO BACK TO THE DRAWING BOARD AND WE REVISIT IT, AND IF IT NEEDS TO UPGRADE, PLEASE LET'S DO THAT.
>BECAUSE WE NEED TO ENGAGE ALL STAKEHOLDERS AT A GLOBAL, REGIONAL, AND NATIONAL LEVELS.
>WE NEED TO ESTABLISH RESPECT AND VALUE FOR ALL CONTRIBUTIONS COMING FROM ALL STAKEHOLDERS, AND WE NEED MEANINGFUL PARTICIPATION FROM INDIVIDUALS COMING FROM DEVELOPING COUNTRIES AND UNDERREPRESENTED GROUPS.
>MY SECOND ISSUE IS RESOURCES.
>HOW DO WE ENSURE THAT RESOURCES ARE MOBILIZED AND MAINTAINED FOR A VIABLE INTERNET GOVERNANCE MECHANISM?
>THE QUESTION IS NOT JUST AT THE GLOBAL LEVEL. IT'S AT CONTINENTAL, REGIONAL, AND EVEN NATIONAL LEVELS.
>WHO'S RESOURCES ARE WE GOING TO COMMIT?
>MY FIRST THOUGHT IS THAT THE INTERNET SHOULD BE ABLE TO PROVIDE RESOURCES FOR ITS OWN GOVERNANCE. MAYBE PART OF THE DOMAIN NAME FEES SHOULD BE REINVESTED IN THIS AREA.
>[APPLAUSE ]
>>>NNENNA NWAKANMA: NOW, MY THIRD ISSUE IS CHANGE.
>NETmundial IS OFFERING US A GREAT OPPORTUNITY FOR CHANGE. CHANGE FROM ONE STAKEHOLDER HIJACKING THE PROCESS TO AN OPEN AND INCLUSIVE PROCESS. CHANGE FROM ONE OFFICIAL ISSUING ORDERS TO COLLABORATION. CHANGE FROM JUST REPORTS TO REAL TRANSPARENCY.
>CHANGE FROM POWER TO ACCOUNTABILITY. CHANGE FROM MONOLOGUES TO DIALOGUES AND DEBATES. CHANGE FROM THE RHETORIC OF CYBER-WAR TO THE NOTION OF INTERNET FOR PEACE. CHANGE FROM CYBER-THREATS TO DIGITAL SOLIDARITY. AND I DO BELIEVE THAT ALL OF THESE PRINCIPLES WILL ALSO GUIDE US IN IANA TRANSITION.
>LADIES AND GENTLEMEN, THERE IS ONE MESSAGE I MUST LEAVE WITH YOU TODAY, IT IS THE MESSAGE OF TRUST.
>WE'RE IN BRAZIL BECAUSE WE TRUST THE PERSON OF DILMA ROUSSEFF. WE ARE HERE BECAUSE WE TRUST THE NETmundial PROCESS. WE TRUST THE MULTISTAKEHOLDER APPROACH OF BRAZIL IN ITS OWN IGF, AND WE HAVE FOLLOWED THE STORY OF MARCO CIVIL AND I WANT TO SEE CONGRATULATIONS TO ALL BRAZILIANS ON THIS.
>[CHEERS AND APPLAUSE ] >>NNENNA NWAKANMA: HANG ON. HANG ON. HANG ON.
>THE TRUST THAT WE HAVE IN BRAZIL IS NEEDED AT ALL LEVELS. BUT THIS TRUST HAS BEEN DESTROYED BY THE COLLECTION, PROCESSING, AND INTERCEPTION OF OUR COMMUNICATIONS.
>[APPLAUSE ] >>NNENNA NWAKANMA: YES. SURVEILLANCE ON INTERNET SECURITY AND OUR TRUST IN ALL PERSONAL BUSINESS AND DIPLOMATIC COMMUNICATIONS. THAT'S WHY WE SAY "NO." THE WEB WE CAN TRUST, THAT IS THE WEB WE WANT. THE WEB THAT CONTRIBUTES TO PEACE, THAT IS THE WEB WE WANT. THE WEB THAT IS OPEN AND INCLUSIVE, THAT IS THE WEB WE WANT. THE WEB OF OPPORTUNITIES AND SOCIAL JUSTICE, THAT IS WHY I AM HERE.
>LADIES AND GENTLEMEN, NETmundial, I THINK, IS THE WORLD CUP OF INTERNET GOVERNANCE. WE NEED A ROBUST STADIUM THAT CAN HOLD US. THAT IS INFRASTRUCTURE. WE NEED TO ENJOY THE GAME. THAT IS PARTICIPATION. WE SHOULD NOT DISCRIMINATE. THAT IS NET NEUTRALITY. EVERYBODY'S FREE TO SUPPORT THEIR TEAM. I SUPPORT (SAYING NAME) OF NIGERIA. THAT IS FREEDOM. I SUPPORT BRAZIL AS LONG AS THEY ARE NOT PLAYING AGAINST AFRICA, ANYWAY.
>[LAUGHTER ] >>NNENNA NWAKANMA: WE NEED TO BE ABLE TO WEAR OUR COSTUMES AS FANS AND THAT IS DIVERSITY. AND MOST IMPORTANTLY, WE NEED TO KNOW THE RULES OF THE GAME AND PLAY BY IT. THAT, FOR ME, IS TRANSPARENCY.
>SO IT'S NOT GOING TO BE ABOUT POWER AND CONTROL FOR GOVERNMENTS. IT'S NOT GOING TO BE JUST INTEREST FOR THE INDUSTRY. IT'S NOT GOING TO BE NAMES AND NUMBERS FOR TECHNICAL COMMUNITY. IT'S NOT GOING TO BE FOR OR AGAINST FOR CIVIL SOCIETY. I THINK THAT WE NEED HUMILITY. THE HUMILITY TO LISTEN TO DIVERSE VOICES IS ESSENTIAL FOR AN AUTHENTIC DIALOGUE. LET US TALK TO EACH OTHER AND NOT AT EACH OTHER. BECAUSE SOMETIMES WE CAN BE SO DROWNED IN OUR OWN VOICES THAT WE DO NOT HEAR THE OTHER STAKEHOLDERS.
>JUST BEFORE I SIT DOWN, LADIES AND GENTLEMEN, TOMORROW IS GIRLS IN ICT DAY, SO I'M GOING TO SPEAK TO LADIES.
>GIRLS, IT IS UP TO US TO SEIZE THE OPPORTUNITY THAT THE INTERNET HAS GIVEN US. LET'S SEIZE IT AND LET'S ROCK THE WORLD! LET US GET WOMEN ONLINE. LET US GET US ONLINE.
>AND THIS, I WANT TO SAY A SPECIAL TRIBUTE TO ALL THE GIRLS IN MY WORLD FOUNDATION TEAM. ALEXANDRA IS HERE, RENAT AVILA, SONIA GEORGE, ANGELA, AND NOT JUST NETmundial BUT GIRLS ACROSS THE WORLD WORK ON THE INTERNET EVERY DAY. DEBORAH BROWN IS IN THE U.S. MARION FRANKLIN IS IN EUROPE. ANNA IS IN INDIA, (SAYING NAME) IS IN LATIN AMERICA HERE, (SAYING NAME) IS IN AFRICA, JOY LID I COT IS IN NEW ZEALAND, AND SALANIETA IS SOMEWHERE IN THE ISLANDS OF FIJI. GREAT WOMEN WHO DO THIS WORK. AND EVEN HERE IN BRAZIL, WE HAVE GREAT LADIES. ONE IS (SAYING NAME) AND THE OTHER IS (SAYING NAME) BUT COME ON, IT'S NOT JUST ABOUT WOMEN. THERE ARE GUYS, MEN, WHO WORK EVERY DAY, WHO PUT IN THE ENERGY, WHO PUT IN THEIR LIFE, WHO PUT IN ALL THEY HAVE, PUT IN THEIR EXPERTISE, SO THAT WE CAN HAVE A GLOBAL, TRUE, OPEN AND RESILIENT. AND TO ALL OF US WHO LOVE THE INTERNET AND TO ALL OF US WHO ARE HERE AND TO SOMEONE CALLED EDWARD, EDWARD SNOWDEN, THANK YOU.
>[CHEERS AND APPLAUSE ]
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>>>VINT CERF: PRESIDENT DILMA ROUSSEFF, EXCELLENCIES, DISTINGUISHED GUESTS, LADIES AND GENTLEMEN, IT IS AN HONOR AND A PRIVILEGE TO PARTICIPATE IN NETmundial. THIS DIALOGUE IS TIMELY AND MUCH NEEDED AS THE INTERNET CELEBRATES THE 40th YEAR OF ITS PUBLIC UNVEILING AND THE 31st YEAR OF ITS OPERATION. IN MAY 1974, THE DESIGN OF THE INTERNET WAS PUBLISHED IN THE IE EX-E PUBLICATIONS. ROBERT KAHN AND I FELT STRONGLY THE DESIGN AND THE PROTOCOLS OF THE INTERNET NEEDED TO BE FREELY AND OPENLY AVAILABLE TO ANY INTERESTED PARTIES AND WITHOUT ANY BARRIERS TO ADOPTION AND USE.
>OVER FOUR DECADES BY WORKING TOGETHER AND INCLUDING THE EXPERIENCES GATHERED FROM OTHER GLOBAL NETWORK EXERCISES, AN INFORMAL COALITION HAS BUILT FROM THE BOTTOM UP THE SUCCESSFUL, FREE AND OPEN INTERNET AND THE POPULAR WORLDWIDE WEB. SOME 3 BILLION PEOPLE ARE ALREADY ONLINE WORKING TOGETHER TOWARDS GROWTH IN A POWERFUL ECONOMIC ENGINE AND POSITIVE SOCIAL FORCE.
>THIS INTERNET GOVERNANCE MEETING COMES AT A TIME WHEN THE INTERNET AND ITS USE REFLECTS THE FULL RANGE OF INTERESTS OF A GLOBAL AND INCREASINGLY ONLINE SOCIETY.
>IN ADDITION TO APPRECIATING THE ENORMOUS BENEFITS ALREADY OBTAINED THROUGH THE COOPERATIVE CREATION, DISCOVERING AND SHARING OF INFORMATION ON THE INTERNET, IT IS ALSO APPARENT THAT USERS AND GOVERNMENTS ARE BECOMING CONCERNED ABOUT POTENTIAL HARMS THAT MAY BE ENCOUNTERED IN THIS DIGITAL WORLD.
>A SMALL FRACTION OF THE INTERNET'S USERS DELIBERATELY SEEK TO BENEFIT THEMSELVES AT THE EXPENSE OF OTHERS OR JUST SEEK TO DO DAMAGE THROUGH A KIND OF DIGITAL VANDALISM, AS ALSO HAPPENS OFFLINE.
>MOREOVER, IT IS APPARENT THAT THE RICH SOCIAL NETWORKING APPLICATIONSES THAT ARE RAPIDLY PROLIFERATING ALSO HAVE A POLITICAL POTENTIAL THAT MAY BE ALARMING TO SOME REGIMES.
>GOVERNMENTS UNDERSTANDABLY SEEK WAYS TO DEFEND THE GENERAL PUBLIC AND PRIVATE SECTORS AGAINST HARM, SUCH AS FRAUD, MALWARE, IDENTITY THEFT AND BULLYING. OTHERS VIOLATE HUMAN RIGHTS BY USING THE INTERNET TO CENSOR, MISINFORM, CONDUCT SURVEILLANCE AND RESTRICT SPEECH OR USE IT AS A MEANS TO IDENTIFY AND INCARCERATE THOSE WHO SPEAK TRUTH TO POWER.
>THE OPENNESS OF THE INTERNET HAS BEEN THE KEY TO ITS GROWTH AND VALUE. PERMISSIONLESS INNOVATION IS THE MAIN SPRING OF INTERNET'S ECONOMIC POWER. WE MUST FIND WAYS TO PROTECT THE VALUES THAT THE INTERNET BRINGS, INCLUDING THE RIGHTS OF ITS USERS WHILE ALSO PROTECTING THEM FROM HARM.
>THESE PRINCIPLES, TOGETHER WITH GROWING ACCESS TO THE INTERNET WILL PROVE TO BE OF LASTING VALUE TO THE DEVELOPING WORLD THAT CAN TAKE ADVANTAGE OF THE POSITIVE BENEFITS OF AN EXPANDING INFORMATION ECONOMY.
>OUR WORK IS NOT NEARLY DONE UNTIL THE INTERNET IS ACCESSIBLE TO EVERYONE AND IPv6 IS ACCESSIBLE EVERYWHERE.
>BRAZIL HAS SET A POSITIVE EXAMPLE IN NETmundial. IN A MULTIPARTY INITIATIVE LED BY CONGRESSMAN ALESANDRO MALONE, THE COUNTRY HAS JUST LEGISLATED MARCO CIVIL WHICH OFFERS IMPORTANT SAFEGUARDS TO PROTECT INTERMEDIARY INTERNET PROVIDERS AND PROTECT USER RIGHTS. ITS INTERNET STEERING COMMITTEE, CGI.BR, IS A MODEL OF NATIONAL MULTISTAKEHOLDER GOVERNANCE.
>THIS MEETING, AMONG MANY OTHERS, REPRESENTS AN IMPORTANT OPPORTUNITY TO EXAMINE A MULTISTAKEHOLDER MODEL FOR INTERNET GOVERNANCE BASED ON THE PARTICIPATION OF ALL STAKEHOLDERS, INCLUDING ROLES FOR GOVERNMENT, ACADEMICS, CIVIL SOCIETY, PRIVATE BUSINESSES AND THE TECHNICAL COMMUNITY. THIS CONFERENCE HAS BROUGHT TOGETHER A RICH AND VARIED GROUP OF INTERESTED PARTIES TO EXPLORE PRINCIPLES AND GUIDELINES FOR FUTURE INTERNET GOVERNANCE AS IT REACHES THE OTHER 4 BILLION STILL UNCONNECTED PEOPLE IN THE WORLD.
>THE INTERNET HAS BEEN BUILT ON THE BASIS OF COLLABORATION AMONG A DIVERSE AND CONSTANTLY EVOLVING SET OF INTERESTED PARTIES. AND THIS IS A FOUNDATIONAL IDEA THAT MUST BE PRESERVED. NEW INSTITUTIONS AND OPERATIONAL PLAYERS HAVE BEEN FORMED AT NEED, SUCH AS THE INTERNET ARCHITECTURE BOARD, THE INTERNET ENGINEERING TASK, THE INTERPRET SOCIETY, THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS, THE REGIONAL INTERNET REGISTRIES AND THE NUMBER RESOURCE ORGANIZATION, OTHER REGIONAL TLD ORGANIZATIONS SUCH AS CENTR AND LacTLD, THE ROOT SERVER OPERATORS, REGIONAL NETWORK OPERATION GROUPS, THE EMERGENCY RESPONSE TEAMS, INTERNET EXCHANGE POINTS, THE TOP-LEVEL DOMAIN REGISTRIES AND REGISTRARS AND THE NETWORK INFORMATION CENTERS SUCH AS THE BRAZILIAN NIC.
>OUT OF THE WORLD SUMMIT ON THE INFORMATION SOCIETY HAS COME THE ANNUAL INTERNET GOVERNANCE FORUM AND ITS REGIONAL AND NATIONAL ANALOGS. WE CREATE INSTITUTIONS AT NEED.
>AS WE GATHER HERE FOR THE NEXT TWO DAYS, WE HAVE TWO SPECIFIC CHALLENGES TO CONSIDER. THE LARGER ONE IS THE GENERAL DESIGN OF A GLOBAL, MULTISTAKEHOLDER INTERNET GOVERNANCE FRAMEWORK THAT PRESERVES THE FREE AND OPEN INTERNET AND PROVIDES TRANSNATIONAL PROTECTIONS FOR THE RIGHTS OF USERS.
>THE FRAMEWORK HAS TO ENABLE THE EVOLUTION OF THE INTERNET AND BE ABLE TO ADAPT TO IT. THE MORE FOCUSED CHALLENGE IS TO DEVISE A RESPONSE TO THE U.S. INVITATION TO ASSURE THAT WHEN THE U.S. GOVERNMENT AND ITS CONTRACTUAL RELATIONSHIP WITH ICANN, THE MULTISTAKEHOLDER FRAMEWORK FOR ICANN'S MANAGEMENT OF UNIQUE IDENTIFIERS AND PARAMETERS WILL ADHERE TO THE PRINCIPLES THAT HAVE MADE THE INTERNET A REMARKABLE, GLOBAL AND BENEFICIAL INFRASTRUCTURE.
>I BELIEVE THAT THE CHALLENGE BEFORE US, ASSURING ICANN'S ADHERENCE CAN BE ACCOMPLISHED BY REINFORCING ITS ACCOUNTABILITY AND TRANSPARENCY MECHANISMS. THE LARGER CHALLENGE, PROTECTING THE RIGHTS OF USERS WHILE ASSURING THEIR SAFETY WILL REQUIRE LAYERED, LOCAL, NATIONAL AND TRANSNATIONAL ENABLING MECHANISMS. WE CANNOT PRETEND TO KNOW THE SOLUTION TO ALL THE CHALLENGES AND OPPORTUNITIES THAT THE INTERNET POSES. WE CAN, HOWEVER, CREATE STRUCTURES THAT WILL ALLOW MULTISTAKEHOLDER COLLABORATIONS TO DISCOVER AND EVALUATE POSSIBLE ANSWERS.
>AMONG THE MECHANISMS THAT SHOULD BE REINFORCED AND SUPPORTED, I WOULD SINGLE OUT THE INTERNET GOVERNANCE FORUM. IT NEEDS FINANCIAL SUPPORT AND A PROPERLY STAFFED SECRETARIAT. IT HAS ILLUMINATED OUR UNDERSTANDING OF THE PROSPECTS AND PROBLEMS ARISING FROM THE GLOBAL GROWTH OF THE INTERNET.
>MOBILE TECHNOLOGY RAPIDLY DROPPING COSTS FOR INTERNET-ENABLING EQUIPMENT AND COMMUNICATIONS, AND BOUNDLESS DEVELOPMENT OF NEW APPLICATIONS HAVE CREATED A RICH PALATE FROM WHICH TO PAINT A BENEFICIAL DIGITAL FUTURE. THE GLOBAL IGF AND ITS REGIONAL AND NATIONAL COUNTERPARTS CAN BECOME AN EVEN MORE HELPFUL MECHANISM FOR HIGHLIGHTING ISSUES BY TRACKING THEIR SOLUTIONS IN A VARIETY OF FORUMS AND ENABLING THE EMERGENCE OF NEW APPROACHES WHEN THESE SEEM NECESSARY.
>WE WOULD HAVE TO BE A PRETTY SILLY SPECIES NOT TO TAKE ADVANTAGE OF THE GIFT THAT THE TECHNOLOGY HAS GIVEN US. THOSE OF US PARTICIPATING IN THE NETmundial -- WELL, I HAVE A VERY INTERESTING PROBLEM HERE, MY SPEECH ENDS BECAUSE THE REST OF IT WASN'T PRINTED OUT.
>[LAUGHTER ]
>SO I WILL END BY THANKING YOU VERY MUCH FOR THE TIME ON THIS STAGE.
>[APPLAUSE ]
>>>TIM BERNERS-LEE: TECHNOLOGY IS PERFECT THEN.
>45 YEARS AGO VINT CERF AND BOB KAHN PUT TOGETHER THE IDEA OF THE INTERNET, DESIGNED THAT, AND MADE THAT OPEN. 25 YEARS AGO -- A LONG TIME LATER, THE INTERNET WAS RUNNING. THERE WAS REMOTE --- . THERE WAS EMAIL RUNNING OVER THE INTERNET. BUT THERE WERE NO WEB, NO WEB SITES, NO WEB PAGES, NO LINKS. I FELT IT WAS REALLY IMPORTANT THERE SHOULD BE SO I INVENTED THE WEB. AND AS THE WORLDWIDE WEB PROJECT GREW, I NEEDED COLLABORATORS. I INVENTED HTML AND HTTP AND URLS BUT THE DEVELOPMENT OF THOSE HAD TO BE DONE BY A LARGE TECHNICAL COMMUNITY. I WENT TO THE INTERNET ENGINEERING TASK FORCE, I FOUNDED THE WORLDWIDE WEB CONSORTIUM THAT ASSESS THE STANDARDS FOR THE WEB AND ITS MOTTO IS TO LEAD THE WEB TO ITS FULL POTENTIAL.
>SO THE COLLABORATION BETWEEN THESE MULTISTAKEHOLDER GROUPS LIKE IETF AND W3C AND ALL THE PEERS THEY WORK WITH LIKE ECMA, TC39 FOR (SAYING NAME) THAT HAS BEEN REALLY CRUCIAL AND IT REALLY HAS BEEN HOW THIS HAS ALL WORKED.
>I HOPE YOU WILL AGREE THAT PEOPLE WORKING TOGETHER HAVE DONE A REASONABLE JOB AND LOOKING BACK AT THE 25 YEARS OF THE WEB, IT HAS BEEN -- IT HAS BEEN AN INCREDIBLE RIDE AND WE REALIZE NOW THAT RATHER THAN BEING A FUN PROJECT LIKE ALL THESE THINGS STARTED OFF WITH, IT NOW BECOMES SOMETHING WE HAVE TO REGARD AS TO BEING CRUCIAL.
>SOME OF THESE ORGANIZATIONS WHICH BELIEVE IN OPEN STANDARDS IN THIS PARTICULAR SORT OF MULTISTAKEHOLDER OPEN ON THE WEB SORT OF MEANING OF THE WORD, DEVISED THE WORD OPEN STAND. YOU CAN GO TO OPENSTAND.ORG TO EXPRESS THE WAY IT SHOULD BE ABOUT WITH OPEN DISCUSSION WITH THE DOCUMENTS BEING FREELY AVAILABLE ON THE WEB. WITH W3C SPECIFICALLY COMPANIES COMMIT THAT WHEN THEY START AND WORK TOWARDS THESE STANDARDS, THAT WHEN THE STANDARDS COME OUT THAT THEY WILL NOT CHARGE ROYALTIES TO ANYBODY WHO WANTS TO IMPLEMENT IT. SO KEEPING IT ROYALTY FREE HAS ALSO BEEN REALLY IMPORTANT.
>THE WEB GREW AS SOMETHING WHICH DID NOT INVOLVE BORDERS BECAUSE IT GREW ON THE INTERNET AND THE INTERNET, WHEN YOU CONNECT -- WHEN I WROTE A PROGRAM TO CONNECT FROM ONE COMPUTER TO THE OTHER, NEITHER PROGRAM HAD AN AWARENESS, NEEDED TO KNOW OR NECESSARILY FOUND IT EASY TO FIND OUT WHICH COUNTRY THOSE TWO COMPUTERS WERE IN. BUT INTERNET WAS TECHNICALLY -- IS A NATIONLESS THING. SO IN A NON-NATIONAL ENVIRONMENT, THE WEB GROWING UP, IT HAS BEEN A NON-NATIONAL SOCIETY WHICH HAS GROWN UP AROUND IT.
>YES, THERE HAS BEEN -- FORMALLY, THERE HAS BEEN A CONNECTION BETWEEN THE U.S. GOVERNMENT AND THE WAY INTERNET NUMBERS AND NAMES HAVE BEEN ASSIGNED. AND I'M VERY GLAD THAT THE U.S. GOVERNMENT HAS ACCEPTED TO RELEASE THAT OVERSIGHT. I THINK THAT IS VERY OVERDUE AND A VERY IMPORTANT STEP.
>IT IS AN IMPORTANT STEP BECAUSE ICANN SHOULD SERVICE -- IT SERVICES THE GLOBAL PUBLIC INTERNET, AND, THEREFORE, IT SHOULD BE A GLOBAL PUBLIC BODY. SO FOR ME, WHAT DOES THAT MEAN? IT IS EASY TO SAY IN THE PUBLIC INTEREST. FOR ME, FOR ICANN, THAT MEANS THAT DECISIONS THAT IT MAKES ABOUT TOP-LEVEL DOMAINS, ABOUT WHATEVER, ABOUT HOW TO SPEND ITS FUNDING, THEY SHOULD BE MADE BY STEPPING BACK AND THINKING, WELL, NEVERMIND THE PEOPLE WE KNOW INTIMATELY WHO ARE INVOLVED IN THAT DECISION BUT LET'S THINK ABOUT THE PLAN AS A WHOLE. WHAT IS BEST FOR HUMANITY AS A WHOLE? THAT SHOULD GUIDE EVERY DECISION THAT ICANN MAKES.
>OBVIOUSLY, ONE OF THE THINGS THAT ICANN DOES IS IT HAS FUNDS TO SPEND AND SO PARTLY IT CAN FURTHER THE WORLD BY SPENDING THOSE IN A BENEFICIAL WAY SUCH AS SUPPORTING -- WELL, SUPPORTING STANDARDIZATION, SUPPORTING HARDENING WEB TECHNOLOGY, SUPPORTING PIECES OF TECHNOLOGY LIKE THAT, THE INTERNATIONALIZATION OF THE TECHNOLOGY, KEEPING IT SO IT WORKS WITH EVERY CULTURE AND LANGUAGE, ACCESSIBILITY FOR PEOPLE WITH DISABILITIES AND, OF COURSE, CLOSING THE DIGITAL DIVIDE FOR REALLY IMPORTANT AGENDAS WHICH ICANN CAN THINK ABOUT SUPPORTING.
>THE INTERNET HAS THRIVED FROM THE EMPOWERMENT OF CAPABLE AND PUBLIC-SPIRITED PEOPLE. INITIALLY, THEY WERE FROM THE TECHNICAL COMMUNITY AND ACADEMIA BUT MORE RECENTLY THE WHOLE PRIVATE SECTOR, CIVIL SOCIETY AND GOVERNMENTS. WE NEED INTERNET GOVERNMENTS WHICH ALLOWS EACH COMMUNITY TO BRING ITS PARTICULAR STRENGTHS TO THE TABLE BUT ALLOWS NONE OF THEM TO ELEVATE ITS OWN INTEREST ABOVE THE PUBLIC GOOD.
>FIVE YEARS AGO, RELATIVELY RECENTLY IN INTERNET TIME, SOME OF US REALIZE THAT ALL THE TECHNICAL WORK WE WERE DOING WAS WONDERFUL BUT IT WAS EVERY SINGLE THING DID WAS INCREASING THE DIGITAL DIVIDE, INCREASING THE GAP BETWEEN THE POWER OF THE PEOPLE WHO HAD THE WEB AND DID NOT HAVE IT. SO AT THAT POINT, WE STARTED THE WORLDWIDE WEB FOUNDATION ABOUT WHICH YOU ALREADY HEARD SOME TO MAKE SURE THAT THE WEB -- WELL, YES, THAT IT GETS TO, FOR EXAMPLE, THE 60% OF THE PEOPLE WHO IN THE WORLD WHO DON'T HAVE IT AT ALL BUT ALSO FOR THE PEOPLE WHO HAVE IT, THAT IT REALLY IS THE WEB THAT WE WOULD WANT, THE WEB HAS NOW BECOME AN ESSENTIAL PUBLIC UTILITY SO WE HAVE TO REGARD IT AS SUCH.
>MUCH OF OUR TRADITIONAL THINKING ABOUT HUMAN RIGHTS APPLIES DIRECTLY TO EVERYTHING ON THE INTERNET SUCH AS FREE EXPRESSION. BUT NEW THINGS BECOMING IMPORTANT IN THE NETWORK CONTEXT, NET NEUTRALITY MEANS KEEPING THE NET FREE FROM DISCRIMINATION, BE IT COMMERCIAL OR POLITICAL.
>THE INNOVATIVE EXPLOSION WHICH HAPPENED ACROSS THE NET OVER THE LAST 25 YEARS HAS HAPPENED ONLY BECAUSE THAT NET HAS BEEN NEUTRAL. THE SOCIAL GROUND-BREAKING SENSE OF POSSIBILITY THAT WE CAN UNDERSTAND EACH OTHER AND POSSIBLY LIVE IN PEACE RELIES ON AN OPEN NET. OH, AND THANKS TO EVERYBODY WHO HAS EVER HELD UP A BANNER IN ANY FORUM ABOUT PUSHING FOR THE OPEN NET AND PUSHING AGAINST LAWS WHICH RESTRICT THE OPEN NET.
>SO THAT SENSE OF EXCITEMENT WHICH WE ALL HAVE GIVES US ALSO A RESPONSIBILITY THAT WE MUST KEEP THE NET NEUTRAL -- THE NET AS A NEUTRAL PLATFORM IN THE FUTURE.
>FREEDOM OF EXPRESSION IS A CRUCIAL RIGHT BUT IT HAS TO BE COUPLED ON THE NETWORK WITH A COMPLIMENTARY RIGHT TO PRIVACY AS, MADAM PRESIDENT, YOU HAVE POINTED OUT BEFORE AND HAVE ALREADY BEEN QUOTED TODAY.
>SO I WON'T QUOTE YOU AGAIN, BUT I WOULD, YES, AGREE THAT THERE ARE A LOT OF PEOPLE THAT ARE WORRIED ABOUT SURVEILLANCE AND FEEL IT IS PERHAPS THE MOST IMMEDIATE THREAT. IT FEELS THE MOST IMMEDIATE THREAT. AND, OF COURSE, SURVEILLANCE ALL AFFECTS THE INTERNET, IT IS ONE OF THE MORE INSIDIOUS ONES BECAUSE YOU DON'T SEE IT HAPPENING UNLIKE CENSORSHIP.
>IT IS GREAT TO BE BACK IN BRAZIL TODAY, NOT JUST BECAUSE BRAZIL IS A WONDERFUL COUNTRY AND ONE WHICH HAS HAD A REALLY VIBRANT SENSE OF WHAT OPPORTUNITY ON THE NET BUT, OF COURSE, ESPECIALLY TODAY IS A SPECIAL DAY. YESTERDAY WAS A VERY SPECIAL DAY, THE MARCO CIVIL GOING THROUGH IS WONDERFUL. A FANTASTIC EXAMPLE OF HOW GOVERNMENTS COMPARE POSITIVE ROLE IN ADVANCING WEB RIGHTS AND KEEPING THE WEB OPEN. YES, EUROPEANS ALSO CELEBRATE, THE EUROPEAN PARLIAMENT PASSING LEGISLATION PROTECTING USERS ON THE WEB. WELL DONE. SO TWO DATA POINTS THAT SUGGEST WE ARE MAKING PROGRESS. THAT IS GREAT, BUT, BOY, WE HAVE GOT A HUGE WAY THE PRINCIPLES OF HUMAN RIGHTS ON THE NET ARE NEW AND THEY'RE NOT UNIVERSALLY ACCEPTED.
>THE WEB BECOMES EVER MORE EXCITING WITH EVERY ADVANCING TECHNOLOGY LIKE MOBILE WEB AND SO ON, BUT 60% OF THE WEB -- OF THE POPULATION CAN'T USE THE WEB AT ALL.
>AS THE WEB GIVES PEOPLE GREATER AND GREATER POWER, INDIVIDUALLY AND COLLECTIVELY, SO MANY FORCES ARE ABUSING OR THREATEN TO ABUSE THE NET AND ITS CITIZENS. THE WEB THAT WE WILL HAVE IN ANOTHER 25 YEARS' TIME IS, BY NO MEANS, CLEAR. BUT IT IS COMPLETELY UP TO US TO DECIDE WHAT WE WANT TO MAKE THAT WEB, WHAT WE WANT TO MAKE THAT WORLD.
>THAT'S WHY I'M ASKING WEB USERS AROUND THE WORLD, NOT JUST PEOPLE HERE IN THIS CONFERENCE ROOM AND THE OTHER CONFERENCE ROOMS WHERE THIS IS BEING RELAYED, NOT JUST PEOPLE IN THIS CONFERENCE BUT PEOPLE ALL OVER THE WORLD, TO GO AND THINK ABOUT WHAT YOU WANT AND TO FIND SOME SORT OF GLOBAL MAGNA CARTA FOR THE INTERNET. THAT IS WHY --
>[APPLAUSE ] >>TIM BERNERS-LEE: THAT IS WHY I'M ASKING COUNTRIES EVERYWHERE TO FOLLOW BRAZIL'S EXAMPLE AND EUROPE'S EXAMPLE AND DEVELOP POSITIVE LAWS THAT PROTECT AND EXPAND THE RIGHTS OF USERS IN AN OPEN, FREE, AND UNIVERSAL WEB.
>[APPLAUSE ]
>>>TIM BERNERS-LEE: THANK YOU.
>[APPLAUSE ] >> LADIES AND GENTLEMEN, THE PRESIDENT OF THE REPUBLIC HAS APPROVED A LAW THAT GUARANTEES THE RIGHTS AND DUTIES FOR THE USE OF INTERNET IN THE WORLD.
>[CHEERS AND APPLAUSE ] >>H.E. DILMA ROUSSEFF: GOOD MORNING TO ONE AND ALL. I WOULD LIKE TO THANK THOSE WHO SPOKE BEFORE ME FOR PERFECTLY PRONOUNCING "GOOD MORNING" IN PORTUGUESE, (NON-ENGLISH WORD OR PHRASE) AS VOICED BY OUR DEAR REPRESENTATIVE FROM AFRICA, NNENNA NWAKANMA.
>THANK YOU VERY MUCH FOR PERFECTLY PRONOUNCING (NON-ENGLISH WORD OR PHRASE) IN BRAZILIAN PORTUGUESE. GOOD MORNING.
>AND BY GREETING HER, I WOULD LIKE TO EXTEND MY GREETINGS TO ALL WOMEN WHO ARE CURRENTLY ACTIVE ON THE WEB. BOTH THE GIRLS AND THE GUYS WHO ARE EQUALLY ACTIVE ON THE WEB.
>GREETINGS, LIKEWISE, TO THE MAYOR OF SAO PAULO WHO HAS SO KINDLY WELCOMED US, AND ABOVE ALL, I WOULD RECYCLE TO, FIRST OF ALL, GREET TWO MEMBERS OF CONGRESS FROM BRAZIL. NAMELY MR. (SAYING NAME) REPRESENTING THE HOUSE OF REPRESENTATIVES WHO SERVED AS RAPPORTEUR OF THE BILL OF LAW WHICH LED UP TO THE PASSING YESTERDAY OF THE INTERNET CIVIL FRAMEWORK, AS WELL AS REPRESENTATIVE -- RATHER SENATOR (SAYING NAME), AND THROUGH HIM, I WOULD LIKE TO FURTHER EXTEND MY GREETINGS, LIKEWISE, TO THE SENATE RAPPORTEURS WHO WERE ABLE TO PASS THE PIECE OF LAW IN A RECORD TIME, SENATOR (SAYING NAME), SENATOR (SAYING NAME), AND SENATOR (SAYING NAME). THANK YOU.
>AND SO SENATOR (SAYING NAME) AND TO REPRESENTATIVE (SAYING NAME), I WOULD LIKE TO VOICE MY THANKS FOR YOUR EFFORTS IN PASSING THE INTERNET CIVIL FRAMEWORK.
>GREETINGS, LIKEWISE, TO THE SECRETARY-GENERAL OF THE UNITED NATIONS, HONG BO. SPECIAL GREETINGS LIKEWISE TO THE INVENTOR OF THE INTERNET, TIM BERNERS-LEE.
>I WOULD LIKE TO GREET THE VICE PRESIDENT OF GOOGLE, AND A KEY PERSON -- RATHER A KEY PERSON IN THE ESTABLISHMENT OF THE INTERNET, MR. CERF.
>GREETINGS, ONCE AGAIN, TO MR. (SAYING NAME) WHO, ON OCTOBER THE 8TH LAST YEAR, 2013 -- CORRECT, FADI, IF I'M NOT MISTAKEN, WE MET IN BRAZIL YEAH AND ON THAT OCCASION DURING THAT MEETING WITH YOU THE SEMINAL IDEA SURFACED OF ESTABLISHING THIS INTERNET GOVERNANCE SUMMIT MEETING THAT IS REALIZED HERE TODAY, SO THANK YOU VERY MUCH AN ALL OF YOU, INCLUDING CABINET MINISTERS AND FOREIGN DELEGATES ATTENDING THIS SESSION TODAY. ---
>MAY I ALSO USE THE OPPORTUNITY ---
>MAY I ALSO USE THE OPPORTUNITY TO GREET ALL CABINET MINISTERS WHO HAVE BEEN ACTIVELY INVOLVED IN THE PROCESS THAT LED UP TO THE PASSING OF THE INTERNET GOVERNANCE CIVIL FRAMEWORK, AN EFFORT WHICH OF COURSE INVOLVED ALL STAKEHOLDERS AND SOCIETY.
>SPECIAL THANKS TO MINISTER OF FOREIGN AFFAIRS, AMBASSADOR (SAYING NAME), MINISTER OF JUSTICE CARDOZO, ALSO MINISTER OF COMMUNICATIONS, MINISTER OF SCIENCE AND TECHNOLOGY, (SAYING NAME), AND MAY I ALSO GREET AND THANK SENATOR AND MINISTER OF CULTURE (SAYING NAME) AS WELL AS THE BRAZILIAN SECRETARY-GENERAL OF THE PRESIDENT'S OFFICE, (SAYING NAME). GREETINGS LIKEWISE TO ALL ATTENDEES, PARTICULARLY THE MEDIA PROFESSIONALS, JOURNALISTS, PHOTOGRAPHERS, AND CAMERAMEN AND WOMEN.
>MAY I SAY THAT YOU ARE ALL MOST WELCOME TO BRAZIL.
>AS ATTENDEES TO THIS GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE, THE SO-CALLED NETmundial AS WE CALL IT IN PORTUGUESE.
>AT THIS POINT IN TIME I WOULD ALSO LIKE TO VOICE MY GREETINGS TO THE ORGANIZERS, I.E., THE INTERNET MANAGEMENT OR MANAGING COMMITTEE AS WELL AS THE 1net COMMITTEE. IT GIVES ME GREAT JOY TO SEE IN THIS PLENARY HALL REPRESENTATIVES OF ALL DIFFERENT SECTORS WHO -- OR WHICH ARE IN ONE WAY INVOLVED IN THE INTERNET GOVERNANCE.
>IN THIS HALL TODAY, WE HAVE CIVIL SOCIETY, ACADEMIA, MEMBERS OF THE TECHNICAL COMMUNITY, BUSINESSES, AND GOVERNMENTS AT LARGE.
>THIS HEALTHY DIVERSITY -- AND I STRESS IT IS A HEALTHY DIVERSITY -- IS ALSO A HALLMARK OF THOSE GROUPS THAT HAVE JOINED US THROUGH THE INTERNET AND THIS MEETING, AND I WOULD LIKE TO USE THE OPPORTUNITY TODAY TO ESTABLISH A DIALOGUE ON THE ISSUES AND THE PURPOSES THAT BRING US TOGETHER IN SAO PAULO TODAY.
>BACK IN MID-2013 WHEN THE REVELATION SURFACED ON THE COMPREHENSIVE MECHANISMS FOR COLLECTIVE MONITORING OF COMMUNICATIONS CAUSED ANGER AND REPUDIATION IN VAST CIRCLES OF PUBLIC OPINION BOTH IN BRAZIL AND IN THE WORLD AT LARGE, IN BRAZIL CITIZENS, COMPANIES, DIPLOMATIC REPRESENTATIONS AND EVEN THE PRESIDENCY OF THE REPUBLIC ITSELF WERE TARGETED, AND THEIR COMMUNICATIONS INTERCEPTED.
>THESE EVENTS ARE NOT ACCEPTABLE. WERE NOT ACCEPTABLE IN THE PAST AND REMAIN UNACCEPTABLE TODAY, IN THAT THEY ARE AN AFFRONTMENT AGAINST THE VERY NATURE OF THE INTERNET AS A DEMOCRATIC, FREE, AND PLURALISTIC PLATFORM.
>THE INTERNET WE WANT IS ONLY POSSIBLE IN A SCENARIO WHERE HUMAN RIGHTS ARE RESPECTED. PARTICULARLY THE RIGHT TO PRIVACY AND TO ONE'S FREEDOM OF EXPRESSION.
>ACCORDINGLY, IN MY ADDRESS TO THE 68TH GENERAL ASSEMBLY OF THE UNITED NATIONS, I PUT FORTH A PROPOSAL TO TACKLE SUCH PRACTICES. I THEN PROPOSED A DISCUSSION ON ESTABLISHING A GLOBAL CIVIL FRAMEWORK FOR INTERNET GOVERNANCE AND USE, AS WELL AS MEASURES TO ENSURE ACTUAL PROTECTION OF DATA THAT TRAVELS THROUGH THE INTERNET.
>ALSO, WORKING TOGETHER WITH GERMAN CHANCELLOR ANGELA MERKEL WE SUBMITTED TO THE UNITED NATIONS A DRAFT RESOLUTION ON THE RIGHT TO PRIVACY IN THE DIGITAL AGE.
>BY CONSENSUS, THE RESOLUTION WAS PASSED AS PROPOSED AND WE ALSO PASSED A CALL FOR STATES TO DISCONTINUE ANY ARBITRARY OR ILLEGAL COLLECTION OF PERSONAL DATA AND TO ENFORCE USERS' RIGHTS TO PRIVACY.
>I SHOULD ACTUALLY STRESS THE FACT THAT THE SAME RIGHTS THAT PEOPLE ARE ENTITLED TO OFFLINE OR IN THE OFFLINE WORLD SHOULD BE LIKEWISE PROTECTED ON THE ONLINE WORLD.
>THIS MEETING TODAY, NETMUNDIAL, PROVIDES FURTHER MOMENTUM TO THAT EFFORT. THIS MEETING ALSO LIVES UP TO A GLOBAL YEARNING AS WE PROPOSE CHANGES IN THE CURRENT STATE OF AFFAIRS AND FOR AN ONGOING CONSISTENT STRENGTHENING OF FREEDOM OF EXPRESSION ON THE INTERNET AS WELL AS EFFORTS TO ULTIMATELY PROTECT BASIC HUMAN RIGHTS, AS IS THE CASE OF ONE'S RIGHT TO PRIVACY. AND WITHOUT THE SHADOW OF A DOUBT, THAT IS ALSO THE CASE OF ONE'S RIGHT TO PROPER TREATMENT OF WEB-BASED DISCUSSIONS IN A RESPECTFUL FASHION, TO ENSURE ITS OPEN, DEMOCRATIC NATURE. WE HAVE ALL TO SAO PAULO, THEREFORE, WITH A SHARED PURPOSE, THE PURPOSE OF ENHANCING AND DEMOCRATIZING INTERNET GOVERNANCE BY MEANS OF CONSENSUS BUILDING. AND I MEAN CONSENSUS AROUND PRINCIPLES, AND ON A ROADMAP TO BE DEVELOPED FOR ITS FUTURE EVOLUTION.
>A POINT I'D LIKE TO MAKE PLAIN AND CLEAR IS THAT THE IDEA HERE IS NOT, OF COURSE, TO REPLACE FOR THE COUNTLESS FORA OUT THERE THAT ALREADY ADDRESS THE TOPIC OR THE MATTER AT HAND TODAY. THE IDEA, RATHER, IS TO LEND A NEW MOMENTUM TO THE ONGOING DISCUSSIONS IN A MUCH NEEDED SENSE OF URGENCY.
>WE, THEREFORE, WORK FROM TWO PREMISES OR KEY ASSUMPTIONS.
>THE FIRST SUCH PREMISE IS THAT WE ALL WANT TO PROTECT THE INTERNET AS A SPACE, AVAILABLE TO ALL, AS A SHARED ASSET, AND AS SUCH, TRULY HERITAGE OF HUMANKIND, MORE THAN SIMPLY A WORK TOOL AND WAY BEYOND ITS WELL-KNOWN CONTRIBUTION FOR ECONOMIC GROWTH, PROVIDED, OF COURSE, THAT IT BE INCREASINGLY INCLUSIVE AND THE FACT IS THAT THE INTERNET HAS ENABLED THE CONSTANT REINVENTION OF THE WAY PEOPLE AND INSTITUTIONS INTERACT, PRODUCE CULTURE, AND ORGANIZE THEMSELVES, EVEN POLITICALLY.
>AN OPEN AND DECENT NETWORK ARCHITECTURE FAVORS GREATER ACCESS TO KNOWLEDGE. IT HELPS MAKE COMMUNICATIONS MORE DEMOCRATIC AND ALSO FOSTERS CONSTANT INNOVATION. THESE BASIC FEATURES ARE THE FEATURES THAT WE WANT AND THAT SHOULD BE PRESERVED UNDER ANY CIRCUMSTANCES, AND IN ANY SCENARIO, IN ORDER TO ULTIMATELY GUARANTEE THE FUTURE OF THE INTERNET AND, THUS, BOOST ITS TRANSFORMATIVE EFFECTS FOR AND IN SOCIETIES.
>THE SECOND PREMISE OR ASSUMPTION IS THE DESIRE WE ALL SHARE TO INCORPORATE AN INCREASINGLY BROADER AUDIENCE INTO THIS PROCESS.
>OUR COMMITMENT TO AN OPEN AND INCLUSIVE DEBATE HAS GUIDED THE EFFORTS TO ORGANIZE THIS MEETING IN SAO PAULO TODAY. ALL DIFFERENT WALKS OF LIFE HAVE TAKEN PART IN ITS PREPARATION AND ARE DULY REPRESENTED IN THIS PLANE HALL TODAY.
>WE ARE TALKING ABOUT THOUSANDS OF PARTICIPANTS FROM ALL OVER THE WORLD WHO ARE JOINED BY VIRTUAL CONNECTIONS IN SEVERAL DIFFERENT POINTS OF THE PLANET.
>THE TOPICS TO BE DISCUSSED HAVE BEEN THE SUBJECT OF BROAD AND PRIOR INTERNATIONAL PUBLIC CONSULTATION AND HAVE RECEIVED INPUTS FROM PLAYERS OR STAKEHOLDERS LOCATED IN SEVERAL DIFFERENT COUNTRIES AND IN DIFFERENT GEOGRAPHIES.
>THESE PROPOSALS IN TURN, OR INPUTS, HAVE SERVED AS THE FOUNDATION TO DEVELOP A DRAFT DOCUMENT, THE DRAFT DOCUMENT TO BE DISCUSSED AND FURTHER ENHANCED HERE IN THE NEXT FEW DAYS.
>I WOULD LIKE TO WELCOME THE WORK CONDUCTED BY THE EXECUTIVE METRIC SECTORAL COMMUNITY AS WELL AS THE HIGH-LEVEL MULTISTAKEHOLDER COMMITTEE FOR THIS JOINT EFFORT.
>THE INTEREST OF BRAZILIANS IN THE INTERNET IS REFLECTED ON THE SUBSTANTIAL PARTICIPATION OF BRAZILIAN NATIONALS IN THE DOMESTIC PUBLIC CAPTION AS FACILITATED BY THE.BR PORTAL. AT THIS TIME, CIVIL SOCIETY IS ORGANIZED IN THIS FORUM, THE SO-CALLED NETmundial ARENA, WHICH IS THE BRAZILIAN LOCUS FOR ACCESS TO TODAY'S SESSIONS.
>MAY I REMIND ALL THE LADIES AND GENTLEMEN AND FRIENDS ATTENDING THIS SESSION THAT BRAZIL ADVOCATES THAT INTERNET GOVERNANCE SHOULD BE MULTISTAKEHOLDER, MULTILATERAL, DEMOCRATIC, AND TRANSPARENT IN NATURE.
>IT IS OUR VIEW THAT THE MULTISTAKEHOLDER MODEL IS THE BEST WAY TO EXERCISE INTERNET GOVERNANCE.
>VERY MUCH IN ACCORDANCE WITH THAT VIEW, OUR LOCAL GOVERNANCE SYSTEM WHICH HAS BEEN IN OPERATION FOR 20 YEARS HAS RELIED ON ACTUAL PARTICIPATION OF REPRESENTATIVES FROM CIVIL SOCIETY, MEMBERS OF ACADEMIA, THE BUSINESS COMMUNITY, AND THE GOVERNMENT AT LARGE AT THE INTERNET GOVERNANCE -- OR AT THE INTERNET MANAGEMENT COMMITTEE.
>FULLY IN LINE WITH WHAT I JUST SAID, I ALSO ATTACH A GREAT DEAL OF IMPORTANCE TO THE MULTILATERAL PERSPECTIVE, ACCORDING TO WHICH GOVERNMENT PARTICIPATION SHOULD OCCUR ON AN EQUAL FOOTING AMONG GOVERNMENTS IN SUCH A WAY AS TO ENSURE THAT NO COUNTRY WILL HAVE OR BEAR GREATER WEIGHT VIS-A-VIS OTHER COUNTRIES.
>[APPLAUSE ] >>H.E. DILMA ROUSSEFF: OUR ADVOCACY OF THE MULTILATERAL MODEL IS THE NATIONAL CONSEQUENCE OF AN ELEMENTARY PRINCIPLE THAT SHOULD GOVERN TODAY'S INTERNATIONAL RELATIONS AS ENSHRINED IN THE BRAZILIAN FEDERAL CONSTITUTION. I'M TALKING ABOUT EQUALITY AMONG STATES.
>WE, THEREFORE, SEE NO OPPOSITION WHATSOEVER BETWEEN MULTI- -- OR THE MULTILATERAL AND THE MULTISTAKEHOLDER NATURE OF THE INTERNET. ACTUALLY, THE OPPOSITE OF THAT WOULD BE A ONE-SIDED UNILATERAL INTERNET WHICH IS UNTENABLE.
>AN INTERNET THAT IS ULTIMATELY SUBJECT TO INTERGOVERNMENTAL ARRANGEMENTS THAT EXCLUDE OTHER SECTORS OF SOCIETY IS NOT DEMOCRATIC.
>MULTISTAKEHOLDER ARRANGEMENTS THAT ARE IN TURN SUBJECT TO OVERSIGHT BY ONE OR FEW STATES ARE NOT ACCEPTABLE EITHER.
>WE TRULY WANT TO MAKE RELATIONS BETWEEN GOVERNMENTS AND SOCIETIES MORE DEMOCRATIC, AS WELL AS THE RELATIONS AMONG GOVERNMENTS. WE WANT MORE, NOT LESS, DEMOCRACY.
>THE TASK OF PROVIDING A GLOBAL DONATION TO THE ORGANIZATIONS THAT ARE CURRENTLY RESPONSIBLE FOR CENTRAL FUNCTIONS OF THE INTERNET IS NOT ONLY NECESSARY, BUT ALSO AN UN-POSTPONABLE TASK.
>THE COMPLEXITY OF THE TRANSITION AT HAND, WHICH ON THE ONE HAND INVOLVES JURISDICTIONAL COMPETENCE, AS WELL AS ACCOUNTABILITY AND AN AGREEMENT WITH MULTIPLE STAKEHOLDERS, DOES NOT, NEVERTHELESS, MAKE IT LESS URGENT A TASK.
>THAT IS WHY I'D LIKE TO AGAIN WELCOME THE RECENTLY VOICED INTENTION OF THE UNITED STATES GOVERNMENT TO REPLACE ITS INSTITUTIONAL LINKAGE WITH THE AUTHORITY FOR -- OR WITH THE INTERNET AUTHORITY FOR NUMBER ASSIGNMENT, IANA, AND THE INTERNET CORPORATION FOR NAMES AND NUMBER ASSIGNMENTS, ICANN, BY A GLOBAL MANAGEMENT OF THESE INSTITUTIONS FROM NOW ONWARDS, A NEW INSTRUMENTAL AND LEGAL ARRANGEMENT OF THE ISDN UNDER THE RESPONSIBILITY OF IANA AND ICANN SHOULD BE BUILT IN SUCH A WAY AS TO INCLUDE BROAD-RANGING INVOLVEMENT OF ALL SECTORS THAT HAVE AN INTEREST IN THE MATTER WAY BEYOND THE TRADITIONAL STAKEHOLDERS OR PLAYERS.
>EACH SECTOR, OF COURSE, PERFORMS DIFFERENT ROLES BASED ON LIKEWISE DIFFERENTIATED RESPONSIBILITIES.
>THE OPERATIONAL MANAGEMENT OF THE INTERNET SHOULD CONTINUE BEING LED BY ITS TECHNICAL COMMUNITY. MAY I, AT THIS POINT, VOICE MY PUBLIC RECOGNITION -- AND THIS IS ON BEHALF OF MY GOVERNMENT -- TO THESE PEOPLE WHO DEVOTE THEIR TIME AND ENERGY ON A DAY-TO-DAY BASIS TO KEEPING THE INTERNET AS AN OPEN, STABLE, AND SECURE PLATFORM, A KEY EFFORT WHICH REMAINS LARGELY INVISIBLE IN THE EYES OF MOST OF US END USERS.
>MATTERS PERTAINING TO SOVEREIGNTY SUCH AS CYBERCRIME, BREACH OF RIGHTS, ECONOMIC ISSUES OR TRANSNATIONAL ECONOMIC ISSUES, AND THREATS OF CYBER-ATTACKS ARE THE PRIMARY RESPONSIBILITY OF STATES.
>THE TASK AT HAND IS, ABOVE ALL, TO ENSURE THAT STATES WILL HAVE AT THEIR AVAIL THE TOOLS THAT WILL ALLOW THEM TO FULFILL THEIR RESPONSIBILITIES BEFORE THEIR CITIZENS, TO INCLUDE THE GUARANTEE OF FUNDAMENTAL RIGHTS. RIGHTS WHICH ARE ENSURED OFFLINE SHOULD BE EQUALLY INSURED ONLINE.
>THESE RIGHTS THRIVE UNDER THE SHELTER AND NOT IN THE ABSENCE OF THE STATE.
>IN ORDER FOR THE GLOBAL INTERNET GOVERNANCE TO BE TRULY DEMOCRATIC, MECHANISMS ARE REQUIRED TO ENABLE GREATER PARTICIPATION OF DEVELOPING COUNTRIES IN ALL DIFFERENT SECTORS.
>THE MATTERS THAT ARE IN THE INTEREST OF THESE COUNTRIES THAT ARE THE HEAVY-DUTY USERS OF THE INTERNET, TOPICS SUCH AS, FOR EXAMPLE, EXPANDING CONNECTIVITY, ACCESSIBILITY, AND THE RESPECT TO DIVERSITY, SHOULD BE CENTRAL ON THE INTERNATIONAL AGENDA.
>IT IS NOT ENOUGH FOR FORA TO BE OPEN FROM A PURELY FORMAL STANDPOINT. WE MUST FURTHER IDENTIFY AND REMOVE THE VISIBLE AND INVISIBLE BARRIERS TO ACTUAL PARTICIPATION OF THE ENTIRE POPULATION OF EVERY COUNTRY OR ELSE WE WOULD BE ULTIMATELY RESTRICTING OR LIMITING THE DEMOCRATIC ROLE AND THE SOCIAL AND CULTURAL REACH OF THE INTERNET.
>THE EFFORT AT HAND FURTHER REQUIRES THAT THE INTERNET GOVERNANCE FORUM BE FURTHER STRENGTHENED AS A DIALOGUE FORUM CAPABLE OF PRODUCING RESULTS AND RECOMMENDATIONS.
>IT ALSO REQUIRES A COMPREHENSIVE, BROAD-RANGING REVIEW OF THE 10 YEARS FOLLOWING THE SUMMIT -- WORLD SUMMIT MEETING OF INFORMATION SOCIETY AS WELL AS A DEEPER DISCUSSION ON ETHICS AND PRIVACY AT THE UNESCO LEVEL.
>GIVEN THE ABOVE, MAY I SAY THAT WE ARE STRONG BELIEVERS THAT THE CYBER-SPACE -- AND I'M SURE THAT BELIEF IS SHARED BY ALL OF US -- THE CYBER-SPACE SHOULD BE THE TERRITORY OF TRUST, HUMAN RIGHTS, CITIZENSHIP, COLLABORATION, AND PEACE.
>TO ACHIEVE THESE OBJECTIVES, WE MUST AGREE ON BASIC PRINCIPLES THAT WILL ULTIMATELY GUIDE INTERNET GOVERNANCE.
>AS REGARDS PRIVACY, THE RESOLUTION PASSED BY THE UNITED NATIONS ORGANIZATION WAS AN IMPORTANT STEP IN THE RIGHT DIRECTION, BUT WE MUST -- BUT WE STILL HAVE MUCH PROGRESS TO MAKE.
>ANY DATA COLLECTION OR TREATMENT SHOULD ONLY BE CARRIED OUT WITH FULL AGREEMENT OF THE PARTIES INVOLVED OR AS LEGALLY PROVIDED FOR.
>HOWEVER, THE DISCUSSION ON PRINCIPLES IS MUCH MORE COMPREHENSIVE. IT SHOULD -- AND I STRESS IT SHOULD -- INCLUDE UNIVERSAL INTERNET ACCESS, WHICH IS ABSOLUTELY KEY FOR THE WEB TO SERVE AS A TOOL FOR HUMAN AND SOCIAL DEVELOPMENT SO AS TO ULTIMATELY HELP BUILD INCLUSIVE, NONDISCRIMINATORY SOCIETIES.
>IT SHOULD ALSO INCLUDE FREEDOM OF EXPRESSION AND NET NEUTRALITY AS AN SINE BRAZIL HAS ITS CONTRIBUTIONS TO MAKE FOLLOWING A BROAD RANGING DISCUSSION, DOMESTIC PROCESS THAT HAS ULTIMATELY LED TO THE PASSING OF THE INTERNET CIVIL FRAMEWORK ACT AS PASSED YESTERDAY BY CONGRESS IN WHICH I HAD THE HONOR OF SANCTIONING JUST A FEW MINUTES AGO. THE LAW -- AND I MAY QUOTE TIM BERNERS-LEE WHO QUOTED THE LAW AS A PRESIDENT TO THE WEB ON THE OCCASION OF THE 20th -- OR 25th ANNIVERSARY AS SUCH THE LAW CLEARLY SHOWS THE FEASIBILITY AND SUCCESS OF OPEN MULTISECTORIAL DISCUSSIONS AS WELL AS THE INNOVATIVE USE OF THE INTERNET AS PART OF ONGOING DISCUSSIONS AS A TOOL AND A INTERACTIVE DISCUSSION PLATFORM.
>I THINK IT IS FAIR TO SAY THAT THE PROCESS THAT LED UP TO THE CIVIL FRAMEWORK ACT CAN BE DESCRIBED AS A VIRTUOUS PROCESS IN THAT OUR CIVIL FRAMEWORK, AS IT CURRENTLY STANDS, HAS BEEN EVEN FURTHER APPRECIATED GIVEN THE PROCESS THAT PRECEDED THE EFFORTS TO ESTABLISH IT AS SUCH.
>MAY I, THEREFORE, CALL TO MIND THAT OUR CIVIL FRAMEWORK ESTABLISHES PRINCIPLES, GUARANTEES AND USER RIGHTS, CLEARLY ASSIGNING DUTIES AND RESPONSIBILITIES OF THE DIFFERENT STAKEHOLDERS AND GOVERNMENT AGENCIES ON AN ONLINE ENVIRONMENT. AND EQUALLY IMPORTANT, IT ENSHRINES NETWORK NEUTRALITY AS A KEY PRINCIPLE, A MAJOR GAIN WHICH WE WERE ABLE TO MATERIALIZE AS A CONSENSUS IN THE PROCESS.
>IT ENSHRINES NETWORK NEUTRALITY BY ESTABLISHING THE TELECOMMUNICATIONS COMPANY SHOULD TREAT ANY DATA PACKAGES ON IN A --- FASHION WITH ACCOUNT TO AGENT, DESTINATION, SERVICE, TERMINAL OR APPLICATION. THE LAW OR FRAMEWORK AS HAS TRULY ENSHRINED NETWORK NEUTRALITY. FURTHERMORE, COMPANIES MAY NOT BLOCK, MONITOR, FILTER OR ANALYZE THE CONTENT OF DATA PACKAGES.
>THE CIVIL FRAMEWORK PROTECTS CITIZENS' PRIVACY IN THE ONLY IN THE RELATION WITH THE GOVERNMENTS BUT ALSO WITH RELATION WITH THE INTERNET COMPANIES. COMMUNICATIONS ARE, BY DEFINITION, NON-VIABLE EXCEPT BY A SPECIFIC COURT ORDER TO THAT EFFECT. THE RECENTLY PASSED LAW FURTHER CONTAINS CLEAR RULES GOVERNING WITHDRAWAL OF CONTENT FROM THE INTERNET. ALWAYS, OF COURSE, WITH A VIEW TO ENSURING THAT THE APPLICABLE COURT ORDERS BE AVAILABLE.
>THE CIVIL NETWORK IS AN EXAMPLE OF THE FACT THAT THE INTERNET DEVELOPMENT CANNOT DO IT WITHOUT A DISCUSSION PROCESS AND THE INVOLVEMENT OF NATIONAL STATES. AS SUCH, IT STANDS AS AN INNOVATIVE BENCHMARK MILESTONES BECAUSE IN ITS DEVELOPMENT PROCESS, WE HEARD THE VOICES OF THE STREETS, THE NETWORKS AND OF DIFFERENT INSTITUTIONS.
>FOR ALL OF THE ABOVE, IT IS OUR FIRM CONVICTION THAT ON A NETWORK, EACH NODE MATTERS. THE LARGE NODES SUCH AS THE MEGA PORTALS TO WHICH A SUBSTANTIAL AMOUNT OF WORLD TRAFFIC CONVERGES AND SMALL NODES ARE EQUALLY IMPORTANT.
>AT THIS TIME, I WOULD LIKE TO BRING TO THE FORE A KEY FUNDAMENTAL ISSUE AND TALK ABOUT THE FACT THAT THIS COUNTRY HAS TAKEN A MAJOR STEP FORWARD AS PART OF THE ONGOING PROCESS WHEREBY WE NOT ONLY INCLUDE BUT ALSO GUARANTEE A STEADY STREAM OF INCOME TO A SUBSTANTIAL SHARE OF THE POPULATION.
>INCOME AND ACCESS ARE EQUALLY IMPORTANT. WE BELIEVE THAT IT IS EQUALLY IMPORTANT TO ENSURE WE HAVE PLACE IN SOCIETY WHERE CITIZENS HAVE THEIR OWN VIEWS AND THEY ARE ABLE TO VOICE THEIR VIEWS FREELY. HENCE, THE INVALUABLE DEGREE OF IMPORTANCE WE ATTACH TO THE INTERNET IN OUR SOCIETY.
>WE ALSO HAVE YET ANOTHER MAJOR ASSET. I'M TALKING ABOUT BRAZIL'S ETHNIC CULTURAL, POLITICAL AND RELIGIOUS DIVERSITY. IT IS OURS TO NOT ONLY RESPECT BUT ALSO PROMOTE AND FOSTER OUR CULTURAL DIVERSITY. WE DO NOT WISH TO IMPOSE BELIEFS, CUSTOMS, VALUES OR POLITICAL VIEWS ON ANYONE.
>MAY I PARTICULARLY HIGHLIGHT THE THOUSANDS OF USERS THAT MULTIPLY ON A DAY-TO-DAY BASIS NOT ONLY HERE BUT IN ALL THE DEVELOPING COUNTRIES IN THE OUTSKIRTS OF LARGE URBAN AREAS AND ALSO IN TRADITIONAL COMMUNITIES OUT THERE. ALL OF THESE NEW USERS ENRICH THE NETWORK WITH NEW ALTERNATIVE IDEAS AND ACCOUNTS OF THE WORLD, NEW WORLD VISIONS. THESE PEOPLE MAKE THE INTERNET A STRONGER AND MORE UNIVERSAL PLATFORM.
>AND IT IS ON THEIR BEHALF AND BECAUSE OF THEM, THAT I WOULD LIKE TO AGAIN VOICE MY THANKS TO ALL OF YOU FOR ATTENDING THIS MEETING IN SAO PAULO. FOR US, THE INTERNET IS A MODERN-DAY PRO EMANCIPATION, PRO TRANSFORMATION TOOL THAT CHANGES SOCIETY. SWEEPING CHANGES ARE INTRODUCED THROUGH THE INTERNET. YOU ARE ALL MOST WELCOME. AND I HOPE YOU WILL ALL COME BACK FOR THE WORLD CUP OF ALL CUPS. IF NOT, MAKE SURE YOU WATCH IT THROUGH THE INTERNET. THANK YOU VERY MUCH AGAIN.
>[APPLAUSE ]
>>> LADIES AND GENTLEMEN, WE THANK YOU FOR THE PRESENCE OF YOU ALL. WE CLOSE NOW THIS CEREMONY.
>
>
>
>

For more details visit https://cis-india.org/internet-governance/blog/netmundial-transcript-archive

NETmundial Roadmap: Defining the Roles of Stakeholders in Multistakeholderism

jyoti — 2014-04-28T12:51:40Z

NETmundial, one of the most anticipated events in the Internet governance calendar, will see the global community convening at Sao Paolo, with an aim to establish 'strategic guidelines related to the use and development of the Internet in the world.' This post analyses the submissions at NETmundial that focused on Roadmap, towards an understanding of stakeholder roles in relation to specific governance functions and highlighting the political, technical and architectural possibilities that lie ahead.

Introduction

A technically borderless Internet, in a world defined by national boundaries, brings many challenges in its wake. The social, ethical and legal standards of all countries are affected by technical standards and procedures, created by a few global players. This disparity in capacity and opportunities to participate and shape Internet policy, fuelled by Edward Snowden's revelations led to the development of the Global Multi-stakeholder Meeting on the Future of Internet Governance or NETmundial. Set against, an urgent need for interdisciplinary knowledge assessment towards establishing global guiding principles with respect to the technological architecture and the legal framework of the Internet–NETmundial is seen as a critical step in moving towards a global policy framework for Internet Governance (IG). As stakeholder groups from across the world come together to discuss future forms of governance, one of the most widely discussed issues will be that of Multistakeholderism (MSism).

Multistakeholderism

The governance structure of the Multistakeholder model is based on the notion, that stakeholders most impacted by decisions should be involved in the process of decision making. The collaborative multistakeholder spirit has been widely adopted within the Internet Governance fora, with proponents spread across regions and communities involved in the running, management and use of the Internet. So far, MSism has worked well in the coordination of technical networking standards and efforts to set norms and best practices in defined areas, in the realm of technical governance of the Internet. However, the extension of MSism beyond truly voluntary, decentralized and targeted contexts and expanding its applicability, to other substantive areas of Internet Governance is proving a challenge. Beyond defining how the process of policymaking should be undertaken, MSism does not provide any guidance on substantive policy issues of Internet governance. With the increasing impact of Internet technology on human lives and framed against the complexity of issues such as security, access and privacy, the consensus on MSism is further rendered unattainable.

The need for contextualizing the model aside, as with most policy negotiations certain open concepts and words have also prevented agreement and adoption of MSism as the best way forward for IG. One such open and perhaps, the most contentious issue with respect to the legitimacy of MSism in managing Internet functions is the role of stakeholders. A key element of MSism is that decisions will be made by and including all relevant stakeholders. Stakeholder groups are broadly classified to include governments, technical community and academia, private sector and civil society. With each stakeholder representing diverse and often conflicting interests, creating a consensus process that goes beyond a set of rules and practices promising a seat at the negotiation table and is supportive of broad public interest is a challenging task that needs urgent addressing.

This post aims to add to the discourse on defining the role and scope of stakeholders' decision-making powers, towards a better understanding of the term "in their respective role". Addressing the complexity of functions in managing and running the Internet and the diversity of stakeholders that are affected and hence should be included in decision making, I have limited the scope of my analysis to cover three broad internet management functions:

Technical: Issues related to infrastructure and the management of critical Internet resources
Policy: Issues relating to the developmental aspects, capacity building, bridging digital divide, human rights
Implementation: Issues relating to the use of the Internet including jurisdictional law, legislation spam, network security and cybercrime

While this may be an oversimplification of complex and interconnected layers of management and coordination, in my opinion, broad categorisation of issues is necessary, if not an ideal starting point for the purpose of this analysis. I have considered only the submissions categorised under the theme of Roadmap, seeking commonalities across stakeholder groups and regions on the role of stakeholders and their participation in the three broad functions of technology, policy and implementation.

Towards a definition of respective roles: Analysis NETmundial submissions on Roadmap

There were a total of 44 submissions specific to Roadmap with civil society (20) contributing more than any other group including academia (7), government (4), technical community (5), private sector (3) and other (5). MSism sees support across most stakeholder groups and many submissions highlight or agree on participation and inclusion in decision making processes.

Regionally, submissions from North (24) were dominated by USA (10) with contributions cutting across academia (4), civil society (2), technical community (2) and other (2). Brazil (5) contributed the most to submissions from South (15), followed by Argentina (3). The submissions were consistent with the gender disparity prevalent in the larger technology community with only 12 females contributing submissions. An overwhelming number of submissions (38), thought that the multistakeholder (MS) model needs further definition or improvements, however, suggestions on how best to achieve this varied widely across stakeholders and regional boundaries. Only 16 submissions referenced or suggested Internet Governance Forum (IGF) in its present capacity or with an expanded policy role as a mechanism of implementing MSism on the Internet.

Many submissions referred to issues related to the management of critical internet resources (CIRs), the role of ICANN and US oversight of IANA functions. A total of 11 submissions referred to or specified governance processes with respect to technical functions and issues related to critical resources with civil society (5) and academia (3) contributing the most. In an area that perhaps has the most direct relevance to their work, the technical community was conspicuous with just two submissions making any concrete recommendations. The European Commission was the only governmental organisation that addressed this issue, recommending an expansion of the role of IGF. There were no specific recommendations from the private sector.

The suggestions on oversight and decision making mechanism were most conflicted for this category of Internet functions and included:

setting up a technical advisory group, positioned within a new intergovernmental body World Internet Organization (WIO) framework;
splitting IANA functions into protocol parameters, that Internet Engineering Task Force (IETF) will be responsible for and IP address-related functions retained by ICANN
expanding the role of IGF, possibly creating an IGF Secretariat
expanding the role of Government Advisory Committee (GAC) to mainstream government representatives participation within supporting organisations, in particular the Generic Name Supporting Organisation (GNRO)
expanding the role of private sector
expanding the role of ICANN with multistakeholder values
expanding the role of all stakeholders
implementing changes that do not necessarily require legislative acts or similar hard law approaches and implementation does not necessitate international treaties or intergovernmental structures
establishing a new non-profit corporation DNS Authority (DNSA) combining the IANA Functions and the Root Zone Maintainer roles in
improving transparency and accountability of current bodies managing CIRs

16 submissions referred to issues related to policy development and implementation including developmental aspects, capacity building, bridging digital divide and human rights. All submissions called for a reform or further definition of MSism and included recommendations from civil society (5), academia (4), technical community (2), governments (2), private sector (1) and Other (2). All stakeholder groups across regions, unanimously agreed that all stakeholders within their respective role should have a role in decision making and within public policy functions. There was however, no broad consensus on the best way to achieve this.

Specific recommendations and views captured on who should be involved in policy related decision making and what possible frameworks could be developed included:

improving existing intergovernmental organizations
creating Internet Ad Hoc Group
modularization of ICANN’s functions
creating a stewardship group IETF, ICANN and the RIRs
creating an independent IANA as an International NGO with host country agreements governed by its MOUs-defined by the IANA Stewardship Group prior to the signing of MOUs with IANA Partners
creating a 'new body' to develop international level public policies in concerned areas; seek appropriate harmonization of national level policies; and facilitate required treaties, conventions and agreements
responsibility of the definition of these policies rests within the States as an inalienable right
continuity of bottom-up oversight enables a better view of an organization and thus better accountability as government oversight will destroy multistakeholder character
evolving global governance norms that separate DNS maintenance from policies on TLDs, as well as public policies that intersect with nations’ rights to make them
policy makers incrementally develop formal and informal relationships
dealing with conflict of interest and ensuring pluralism
full multi-stakeholder framework including possible establishment of Working Groups where all parties concerned are represented

18 submissions referred to issues related to the implementation of standards including issues relating to the use of the Internet including jurisdiction, law, legislation, spam, network security and cybercrime. All submissions called for a reform or further definition of MSism values and included recommendations from civil society (8), academia (3), technical community (3), governments (2), private sector (1) and other (1). Stakeholders from academia (5), civil society (3) and government (1) collectively called for the reform of ICANN guided by multistakeholder values, but did not specify how this reform would be achieved.

Specific recommendations on the improvements of institutional frameworks and arrangements for issues related to implementation of standards included:

establishment of double system of arbitrage/settlement placed under World Internet Forum (WIF) scrutiny and under the neutral oversight and arbitrage of the UN general secretariat
new legal instruments in establishing MS model need to be adopted
establishment of the Internet Technical Oversight and Advisory Board (ITOAB) replace the US government's current oversight role
multilateral frameworks with oversight role of governments

In summation, the classification of Internet functions discussed above, presents a very broad view of complex, dynamic and often, interrelated relationships amongst stakeholder groups. However, even within these very broad categories there are various interpretations of how MSism should evolve.

To come back to the very beginning of this post, NETmundial is an important step towards a global policy framework for Internet governance. This is the first meeting outside formal processes and it is difficult to know what to expect, partly as the expectations are not clear and range widely across stakeholders. Whatever the outcome, NETmundial's real contribution to Internet Governance has been sparking anew, the discourse on multistakeholderism and its application on the Internet through the creation of a spontaneous order amongst diverse actors and providing a common platform for divergent views to come together.

For more details visit https://cis-india.org/internet-governance/blog/net-mundial-roadmap-defining-roles-of-stakeholders-in-multistakeholderism

Report on CDIP-12

puneeth — 2014-04-22T09:53:55Z

The 12th meeting of the Committee on Development and Intellectual Property (CDIP) was held from November 18-21, 2013 at WIPO. This report discusses the proceedings of the meeting and issues that CIS could get involved at future CDIP meetings.

Agenda

The most important item on the Agenda of CDIP was to finalise the terms of reference for the Independent Review of the Implementation Development Agenda Recommendations under the Coordination Mechanism as per the request of the WIPO General Assembly (CDIP 12/5). However, the Committee was unable to reach a consensus on the Terms of Reference for the Independent Review and further discussion has been put off until the next CDIP.

In addition, the CDIP considered and discussed Progress Reports on the following ongoing WIPO projects:[1]

Specialized Databases’ Access and Support – Phase II;
A Pilot Project for the Establishment of “Start-Up” National IP Academies – Phase II;
Strengthening the Capacity of National IP Governmental and Stakeholder Institutions to Manage, Monitor and Promote Creative Industries, and to Enhance the Performance and Network of Copyright Collective Management Organizations;
Project on Intellectual Property and Product Branding for Business Development in Developing Countries and Least-Developed Countries (LDCs);
Project on Intellectual Property and Socio-Economic Development;
Project on Intellectual Property and Technology Transfer: Common Challenges – Building Solutions;
Project on Open Collaborative Projects and IP-Based Models;
Project on Patents and Public Domain;
Project on Enhancing South-South Cooperation on IP and Development Among Developing Countries and Least Developed Countries;
Project on IP and Brain Drain;
Project on IP and the Informal Economy;
Strengthening and Development of the Audiovisual Sector in Burkina Faso and Certain African Countries; and certain African Countries; and
Project on Developing Tools for Access to Patent information – Phase II.

The Committee also discussed ongoing projects like measuring WIPO’s contribution to the Millennium Development Goals, proposal for new WIPO activities related to the use of Copyright to promote access to information and creative content, and a study on Patents and the Public Domain.[2]

The following section discusses areas where CIS can play a role at future CDIPs.

Future work for CIS

Using Copyright to Promote Access to Information and Creative Content

This project is aimed at using copyright to promote access to information in three areas: education and research; software development practices, including free and open source software; and public sector information. In addition the WIPO is also looking at new projects that may help Member States achieve development goals through improved Access to Knowledge. In CDIP 11, the Committee identified six projects which could be carried out by the CDIP in the pursuance of these aims. These projects are a result of a paper by Sisule Musungu assessing the feasibility of WIPO projects in the area. [3] The implementation plan for the above was presented at CDIP 12. The six projects are as under:

Pilot Project on Creation of a Centralized Database in order to make IP-Related Education and Research (E&R) Resources Available on an Open Access (OA) Basis
Applicability of Open Licensing to E&R Resources produced by International Organizations
Development of a Training Module on Licensing and Open Source Software Development
Integrating Open Source Licensing in WIPO Copyright-Related Courses and Training Programs
Development of Model Copyright Policies and Legal Provisions for Different Copyright Approaches to Public Sector Information
International Conference for Least-Developed Countries (LDCs) on Copyright and the Management of Public Sector Information

Discussion at CDIP 12

Thiru of KEI proposed a project on a possible model copyright law similar to the Tunis Model Law for Developing Countries adopted in 1976.[4] However, the delegation from the US objected to such a proposal. Representatives from many countries suggested modifications to the 6 proposals under discussion. Revised findings will be discussed at the next CDIP.

Scope for CIS work

Many of the proposals under consideration speak directly to the work being done by the A2K team in the Indian context. I will be contributing to a critique by the TWN on these projects. Such critiques can continue on the one hand. On the other hand, CIS can get involved in the preparatory work in the lead up to future CDIPs by working closely with the south centre and TWN to mobilize opinion among developing countries. Our expertise from working with domestic policy issues in India will come in handy in shaping future work commissioned by the WIPO in these areas.

Study on the Public Domain (II)

This is the second in a series of studies commissioned by the WIPO under the Project on Patents and the Public Domain (CDIP/7/5/Rev). The paper was authored by James Conley, Peter Bican and Neil Wilkof. Among other things, it concludes that the patent process contributes to a richer public domain. While the conclusions are acceptable in principle, the paper makes some troubling assumptions with regard to the public domain and also some surprising claims with respect to Patent Pools.

Discussion at CDIP 12

TWN pointed out that the study was restricted in scope as it defined the public domain as being limited to information that has lost its patent protection either through expiration of the term of the patent or through other processes that make the patented information part of the public domain de facto. While the author offered to revise the scope of the study, the US objected to it. At a later point, the representative from Egypt picked up on this critique but wrongly attributed it to the EU. When this was pointed out, he withdrew his statement. As it stands, the study will not be revised.

Scope for CIS work

The most surprising conclusion of the paper is that Patent Pools serve to narrow the public domain or that on a scale of contribution to the public domain rank second to last to Non-Practicing Entities (NPEs). I will be contributing to the TWN critique and focus on the conclusions with respect to Patent Pools. Given the implications of the study to our Pervasive Technologies project, we should get involved in the larger project on Patents in the Public domain and respond to future work in the area as well.

[1]. For a summary of the Progress Reports, see CDIP/12/2

[2]. For a full list, see the Agenda of CDIP 12

[3]. CDIP/11/6

[4]. See http://portal.unesco.org/culture/en/files/31318/11866635053tunis_model_law_en-web.pdf/tunis_model_law_en-web.pdf

For more details visit https://cis-india.org/a2k/blogs/report-on-cpdip-2

Principles for Internet Governance: NETmundial 2014 — What do the Contributions Reveal?

geetha — 2014-04-23T04:01:21Z

The Global Multi-stakeholder Meeting on the Future of Internet Governance (NETmundial) is scheduled for April 23-24, 2014. Towards its stated end of establishing "strategic guidelines related to the use and development of the Internet in the world", NETmundial sought contributions from stakeholders around the world on two topics: (1) Set of Internet governance principles; (2) Roadmaps for the further evolution of the Internet governance system.

This post analyses the contributions of the academic community to draw out broad agreements and divergences concerning Internet governance principles.

I. Introduction

In two days, a large measure of the global Internet community – governments, the private sector, civil society, technical community and academia – gather in São Paulo, Brazil, for the Global Multi-stakeholder Meeting on the Future of Internet Governance. The NETmundial (April 23-24, 2014), touted as the World Cup of Internet governance, is a global conference convened and supported by the Brazilian president, Dilma Rousseff, and organized by the Brazilian Internet Steering Committee (CGI.br) and /1Net, a forum comprising various stakeholders involved and interested in Internet governance. It hopes, importantly, “to establish strategic guidelines related to the use and development of the Internet in the world”. To this end, it sought open-ended Contributions from interested stakeholders on the topics, “Set of Internet governance principles” and “Roadmaps for the further evolution of the Internet governance system”. The agenda for NETmundial may be found here.

To fully utilize the 2 short days available, knowledge of the stakeholder positions, especially their broad agreements and divergences on the two topics, is of immense help. Through a series of posts, I analyse the contributions to NETmundial on the question of Internet governance principles, seeking to dig deep into definitions and interpretations of suggested principles, such as management of Critical Internet Resources (such as the Domain Name System), human rights including freedom of expression and privacy, cyber-security, inclusiveness and participation in Internet governance, etc. In separate posts, I shall analyse contributions of each sector (governments, the private sector, civil society, technical community, academia and ‘Other’) and finally, present an overall analysis of the contributions pitted against the Draft Outcome Document, which is presently under discussion.

II. The Contributions

The NETmundial has received 187 contributions from 46 countries. Sector break-ups are given below:

Sector	Number of Contributions (187)
Academia	20
Governments	28
Private Sector	43
Civil Society	61
Technical Community	16
‘Other’ (such as UNESCO, the European Commission, etc.)	19

A quick look at the contributors indicates that contributions are primarily from North America, Europe, South and East Asia, and South America. No or very few contributions were made from large parts of Africa and South East Asia, Central and West Asia, Eastern Europe and Western South America. We present a graphical representation of contributing countries here.

Of the contributions, stakeholders from various sectors contributed to the two topics listed above in the following manner:

Sector	Set of Internet Governance Principles	Roadmaps for Further Evolution of the Internet Governance System	Combined: Internet Governance Principles & Roadmaps
Academia	7	7	6
Government	7	4	17
Private Sector	11	3	29
Civil Society	25	21	15
Technical Community	8	5	3
‘Other’	7	4	8

Despite the above classification, I focus on all 187 contributions for analysis. This is as some contributions expressly set out principles while others do not. Therefore, eliciting and analyzing principles from stakeholder contributions has involved a certain amount of subjective maneuvering. However, such elicitation has been restricted on the following bases:

The contribution is externally categorized as falling under either “Set of Internet governance principles” or “Combined – Internet governance principles & Roadmaps”.
Internally, the document places principles under rubrics of ‘Internet governance principles’.
Internally, the document makes references to Internet governance principles before setting out (without rubrics) principles.

With this caveat, I go on to discuss the NETmundial contributions from the academic community to Internet governance principles.

Part I: Academia

Of the academic contributions, the main contributors are Africa (Kenya – 1, Sudan – 3), Europe (Germany – 1, Poland – 1, Portugal – 1, Russia – 2, Ukraine – 1), South America (Argentina – 1, Brazil – 3) and the United States (8). No Asian country has made an academic contribution, and as evident from above, academia is geographically severely under-represented. Furthermore, only 4 out of 20 contributions expressly set out Internet governance principles. These four are:

Semantics aside, certain broad, high-level consensus emerges within the academic community. On substantive principles of governance on the Internet, the greatest support is found for freedom of express and access to information, with 6 contributions emphasizing this. Equally important is Internet universality and non-discriminatory (3 contributions), universal access to the Internet (6). Protection of privacy and permissible levels of surveillance come a close second, with 5 contributions referring to these. Cyber-security (5), respect for human rights (4) and support for net neutrality (3) and cultural and linguistic diversity on the Internet (3) also emerge as issues of concern for the academic community. The UNESCO and academics from Sudan emphasize training and education to use the Internet. Inter-operability (2) and a single, unfragmented Internet (2) also find a place in the academic community’s contributions.

With regard to processual principles for Internet governance, inclusiveness and participation are the most important concerns (5). The academic community asks for an open, transparent and multi-stakeholder Internet governance system (4), calling for international cooperation (2) among governments and other stakeholders. Interestingly, one contribution requires that the role of governments in the multi-stakeholder model be limited to “the facilitation of the participation of their domestic stakeholder communities in Internet governance processes”, while a Brazilian contribution advocates a multilateral model.

While no contribution expressly calls for these principles to underscore global Internet governance, the author believes that a high-level consensus may be gleaned in favour of respect for and protection of human rights, especially freedom of expression, access to information, privacy and protection from unwarranted domestic or extraterritorial surveillance. This is further supported by cyber-security concerns. The call for universal access to the Internet, alongside mention of net neutrality, emphasizes inclusiveness and non-discrimination. Processually as well, inclusiveness and participation (including equal participation) of all stakeholders finds the largest support, reflected in the calls for multi-stakeholder models of Internet governance.

No glaring divergences exist with regard to human rights or principles of governance on the Internet. The only major divergence amongst academia is the call for multilateral or multi-stakeholder models of Internet governance. While a majority of the contributions call for multi-stakeholder models, the Brazilian contribution (linked above) calls for “Open, multilateral and democratic governance, carried out with transparency by stimulating collective creativity and the participation of society, Governments and the private sector”, while at the same time supporting a “real multi-stakeholder governance model for the Internet based on the full involvement of all relevant actors and organizations”. Indeed, even this divergence is marked by a common emphasis on open, transparent and inclusive participation in Internet governance.

For more details visit https://cis-india.org/internet-governance/blog/principles-of-internet-governance-net-mundial-2014

Report from India: Relicensing books under CC

subha — 2014-05-05T09:13:15Z

My name is Subhashish Panigrahi. I am an educator currently working in the community and communication front at The Centre for Internet and Society’s Access To Knowledge program (CIS-A2K), an India-based catalyst program to grow Indic language communities for Wikipedia and its sister projects. Prior to my work at CIS, I worked for the Wikimedia Foundation’s India Program, a predecessor to the current CIS-A2K project.

Read the original published on Creative Commons Blog on April 18, 2014 here.

While building ties with higher education and research organizations, I also try to get educational and encyclopedic resources licensed under Creative Commons licenses so that communities can use them to enrich Wikimedia projects. Currently, there is a low level of content available across all the Indic languages and the need for Unicode-based content is extremely crucial.

	While negotiating with authors for relicensing their books in Creative Commons license, I started identifying certain motivation areas for any author for such free content donation. Some of the authors, publishers, and copyright holders have started learning about open access to scholarly publications. However, the readers who are likely to buy a hard copy of a book are likely to buy it even when a free, virtual version is available – that’s the idea authors who are skeptical about CC licenses need to understand.

While negotiating with authors for relicensing their books in Creative Commons license, I started identifying certain motivation areas for any author for such free content donation. Some of the authors, publishers, and copyright holders have started learning about open access to scholarly publications. However, the readers who are likely to buy a hard copy of a book are likely to buy it even when a free, virtual version is available – that’s the idea authors who are skeptical about CC licenses need to understand.

Open source book publishing in India has gained much interest and focus, primarily because of the lack of foresight of the possibilities that are tied to the release of books. It was Pratham Books that first came up with the brilliant idea of “One book book in every child’s hand.” The subsequent release of multilingual books under free licenses was the beginning of a new era in Indian publication.

Book publishers should also think of the target readers of print and web media. Releasing content in free licenses doesn’t affect the mainstream print publications. When it comes to books, there is always a scope for reprinting and making money. After negotiations with two authors and getting 13 books about children’s literature, travelogues, popular science, and linguistic and historical research, I am sure the publishing community has not been educated in the right way about providing free access to content.

It generally takes a long time and effort to negotiate with the copyright holders to get the books out with a CC-BY-SA tag. But it is a permanent and a significant value addition for the open knowledge movement. I believe with more online readers and reviewers getting complete access to books, authors gain more respect in the society and popularity which in turn helps them to sell more of the reprints. Two prime fears are keeping many publishers away from releasing their books online for free: the fear of going out of business and the fear of losing ownership of content. But at the same time, some of the publishers are becoming aware of the mass media outreach and winning hearts of many readers by releasing content for free without copyright restrictions.

Case studies:

Release of a four-volume encyclopedia in Konkani

In 2013, Goa University released Konkani Vishwakosh, a Konkani-language encyclopedia in CC-BY-SA 3.0 license that they had published. This is the largest encyclopedia compiled in the language. The book is being digitized on Konkani WikiSource and content from it is being used to enrich the Konkani version of Wikipedia. The project additionally brought about 20 active contributors for digitization.

Release of 11 Odia language books

11 books from Odia author and academic Dr. Jagannath Mohanty were re-released under the CC BY-SA 3.0 license by the “Manik-Biswanath Smrutinyasa,” a trust founded by Dr. Mohanty for literary discussions and upbringing new writers. His wife and trust’s current chairman Allhadmohini Mohanty formally gave written permission to release and digitize these books. The Odia Wikimedia community is planning to involve undergraduate students of an indigenous educational institution, Kalinga Institute of Social Sciences, to digitize these books. The trust is also reaching out to publishers who published more than 150 of the author’s books to give permission for re-releasing them under a CC license.

Relicensing “Classical Odia” under a free license

The book is heavy and expensive for any normal reader. Enormous copies were sold after Odia was declared as the sixth Indian classical language; however, this did not stop the authors Dr. Debiprasanna Pattanayak and Subrat Prusty from changing the license term from All Rights Reserved to CC-BY-SA 3.0. 600-plus pages full of historical documents and manuscripts along with many undiscovered areas of Odia language’s literary heritage of more than 2500 years are now going to go on WikiSource and enrich Wikipedia articles apart from being great resource for language researchers.

Relicensing books and conversion of ISCII to Unicode font

Two Odia language books by linguist Subrat Prusty, “Jati, Jagruti O Pragati” and “Bhasa O Jatiyata,” have been relicensed. These are few of those thousand books in those the text are typed with fonts with ISCII standard and not Unicode. ISCII standard fonts have glyphs with Indic characters that are actually replacements of the Latin characters by Indic characters. So, a computer with one particular font not installed will display absurd characters. The publication and printing industries still use these fonts as the desktop publishing software package they use for typeset do not have Unicode engine to render the fonts properly. The conversion from these ISCII fonts to Unicode is a way that is going to be used for digitizaing these books to convert the entire book with searchable Unicode content.

For more details visit https://cis-india.org/openness/blog-old/creative-commons-subhashish-panigrahi-april-18-2014-report-from-india-relicensing-books-under-creative-commons

South African Protection of Personal Information Act, 2013

divij — 2014-05-05T06:59:51Z

As the rapid spread of technology in developing countries allows exponentially increasing availability of and access to personal data through automatic data processing, governments are beginning to recognize the necessity to evolve policies addressing data security and privacy concerns.

The source of pressure for strict legal regulations addressing data protection are both the growing recognition of the importance of privacy rights, as well as the risk of falling behind on international standards on data protection, which would hamper the potential of developing countries as destinations for outsourcing industries which depend largely on processing of information.[1] The Protection of Personal Information Act enacted by South Africa is an example of a policy which enables a comprehensive framework for data security and privacy and is a model for other developing nations which are weighing the costs and benefits of establishing a secure data protection regime.

The South African law traces the right to protection of personal information back to Section 14 of the South African Constitution, which provides for a right against the unlawful collection, retention, dissemination and use of personal information. The law establishes strict restrictions and regulations on the processing of personal information, which includes information including relating to race, gender, sexual orientation, medical information, biometric information and personal opinion. The processing of personal information under the Act must comply with 8 principles, namely - accountability, lawful purpose for processing and processing limitation, purpose specification, information quality, openness and notice of collection, openness, reasonable security safeguards and subject participation, in line with the international standards for fair information practices.[2] The Act also recognizes ‘special personal information’, including religious or political beliefs, race, sexual orientation and trade union membership, as well as any personal information of children below the age of 18, which require stricter safeguards for processing,. Similar to the draft Indian legislation on privacy, the Act contemplates an independent regulatory mechanism, the information regulator, which would have all the necessary powers to effectively monitor compliance under the Act, including the power for punishing offences under the Act.

The Protection of Personal Information Act contains 115 Sections and is meant to be an exhaustive and heavily detailed policy to bring South Africa’s laws in line with EU and international regulations on data protection.[3] Though such progressive policies should be a model for policy changes in other developing nations, one aspect in which the law fails is to address increasing privacy concerns arising from widespread government-enabled surveillance and data retention. The POPI excludes from its application the processing of information related to national security, terrorist related activities and public safety, combating of money laundering, investigation of proof of offences, the prosecution of offenders, execution of sentences or other security measures, subject to adequate safeguards being established by the legislature for protection of personal information. Unfortunately, the ambiguous wording of the exclusions, especially in determining “adequate safeguards”, leaves its interpretation and application open for governments to engage in mass surveillance in the name of public security. Over the past few years, governments have taken to using technology and information, particularly through mass surveillance, to collect comprehensive information on their citizens and violate their liberties and privacy. In India, particularly with programs like the Central Monitoring System being implemented, any policy which purportedly aims at the protection of privacy must not only seek bare minimal compliances with the current international standards for data protection, but should also address the mass, unrestricted surveillance and data retention which is taking place in the name of public security.

Developing nations like South Africa and India face significant challenges in ensuring individual privacy, particularly the lack of sufficient legal safeguards for the protection of privacy. The right to privacy is often dismissed as an elitist or western concept, which does not have value in the context of developing nations, without engaging with the realities and the nuances of the right. Further, the costs of expensive technical safeguards means private and public bodies are required to spend significant resources in maintaining data security and these factors often outweigh privacy considerations in policy debates. The South African Act, hence, serves both as an important model for legislation and as an indication that the right to privacy is valuable to recognize in developing countries as well.

[1]. Article 25 of the European Union Directive on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of such data (Directive 95/46/EC) prohibits the transfer of data to non-member states which do not comply with adequate data protection norms.

[2]. http://oecdprivacy.org/

[3]. Link to Act: www.gov.za/documents/download.php?f=204368

For more details visit https://cis-india.org/internet-governance/blog/south-african-protection-personal-information-act-2013

Multimedia Storytellers: Panel Discussion

denisse — 2015-10-24T14:26:51Z

This post brings three storytellers together to find points of intersection between their methods. The format will be that of a panel discussion and it features: Arjun Srivathsa from Pocket Science India, Ameen Haque from the Storywallahs, and Ajay Dasgupta from The Kahani Project. They discuss technology, interpretation and action in storytelling.

CHANGE-MAKERS: Arjun Srivathsa, Ameen Haque and Ajay Dasgupta

ORGANIZATIONS:Pocket Science India, The Storywallahs and The Kahani Project

METHOD OF CHANGE: Storytelling

Over the last couple of weeks, I had the privilege of interviewing three storytellers. What struck me the most, besides from their fascinating ideas about storytelling, was how many of their ideas overlapped. As much as I would love to sit all of them in the same room and enjoy the fireworks, there are a number of logistical constraints that shut my storyteller reunion daydreams down; so for this post, I decided to be a self-appointed liaison between you and them. I will mimic this discussion by putting my conversations with them side by side, in the format of a panel discussion. Their interaction will have to happen in the realm of your imagination.

The questionnaire I used for my interviews was open-ended. I was curious to hear what they wanted to share about their work, as opposed to filtering and steering the conversation in a certain direction; so I let them take their own turn. While I clearly inquired about the relationship between storytelling and making change, it was fascinating to see each storyteller reach the question of ‘social impact' through different channels; testimony of the influence of their education and professional backgrounds in their work.

If I were to bring them together, the topic of the discussion would be: 'Technology, Interpretation and Action in Storytelling'. We briefly discussed mediation and semiotics[1] in the Pre-Production section of the Storytelling as Performance post. We mentioned then:

"mediums are combined to enhance the visibility of the message and the power of the experience of stories. [...] Each medium: video, audio, text, music, etc.- becomes “a new literate space” or “symbolic tool” storytellers use to portray narratives about the self, community and society (Hull, 2006)”

These thoughts were triggered by the work of the French philosopher, Paul Ricoeur, who considers our self-identity a result of sign mediation and interpretation. Other themes in his work include: discourse and action, temporality, narrative and identity; also useful and relevant when exploring how storytelling and reality intersect. For example, how does building a narrative develop into a discourse that mirrors our context and existence? How does the medium chosen to carry this narrative define the language system of our discourse? Finally, let’s not forget this discussion is happening amid the digital question: how does the mediation of digital technologies enable or constrain our narratives of change?

Against this background, I would like to propose a discussion around five points of intersection that came up organically* during my conversations with them.

a) The power of storytelling:
What makes it a powerful vehicle of communication? How does this practice break from more traditional strategies of information dissemination?

b) Storytelling as a vehicle to make change:
How does the practice of storytelling intervene in the social imagination of its audience? Is it the experience or the content of stories what drives the message of change forward? Where does change happen: at the value, behavioral, community or macro level?

c) The role of technology in storytelling:
What is the part technology plays in storytelling vis-a-vis traditional storytelling? Is it a static infrastructure or does it shape the force and direction of the story? How does technology influence and impact their work

d) Translating awareness to action through stories:
Can you guarantee the ideas and values imbued by the story will translate into action in the public space?

e) Influence of stories on citizenship and political participation:
Can the power of stories be leveraged to instill a sense of responsibility in the audience?

* With the exception of Arjun Srivathsa, who addressed these points in a conference I attended. He later responded to a questionnaire in which I inquired about the intersections specifically.

Introductions

We first have Arjun Srivathsa. He has a Masters in Wildlife Biology and Conservation and currently works as a Research Associate for the Centre for Wildlife Studies (CWS India). In tandem, he started Pocket Science India, an initiative that combines wildlife science with art and cartoons to promote conservation in India and disseminate information from scientific journal articles. He aims to bridge the gap between the work of scientists and people using art and humour.

Arjun: I find the world of science and scientists very cool. Finding new things, discovering and inventing ways to understand the world better is an awesome way of life. I chose a career in science for this reason, second only to my love for nature and wildlife. But the essence of science, according to me, is not just to discover, but also to communicate. Even though wildlife research in India has progressed massively in the past few decades, the only notion people have is that of exaggerated scenes from television documentaries. When I discovered that most of the work by Indian scientists on wildlife and conservation of India is making no difference to people (mostly because they are unaware), I decided to use the easiest way to bridge the gap: through humour and art.

Second speaker is Ameen Haque from The Storywallahs. In what he calls his past life, he worked for 18 years in Advertising and Brand Strategy Consulting. Ameen also has a background in theatre and now works as as storyteller for The Storywallahs.

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Finally, we have Ajay Dasgupta, the founder of The Kahani Project, who also has a background in theatre and believes listening to stories is a fundamental right of children. His team works to capture stories in audio format and make them accessible.

I will now invite them to share their thoughts on the points described above. Each panelist will respond to the questions using a different medium: Arjun will comment with text and images, Ameen will comment with video and Ajay will comment using audiobytes. The idea is for each storyteller to use the medium and language they use for their own storytelling: cartoons, body language and audio respectively, as we explore how this choice mediates how they conceptualize change. I will act as a moderator and comment on common themes in the light of Paul Ricoeur’s characteristics of narratives.

1. The Power of Storytelling

What makes it a powerful vehicle of communication?

“narrative attains full significance when it becomes a condition of temporal existence” Time and Narrative

The first characteristic of narratives according to Ricoeur is: the ability to bring independent elements and episodes together into a plot within a specific context and time. The relationship between time and narrative is addressed by the philosopher in his work 'Oneself as Another,' in which he frames narratives as the most 'faithful articulations of human time'. This leads to an understanding of time as a framework where we can locate unique events and patterns, trajectories and sequences. Our three storytellers comment on how stories are an effective mean to communicate information, and how this information resonates because it can be located in the frame of our human existence.

Arjun: Storytelling really is the nascence of any communication technique. As kids we were all told stories with bees and birds, which spoke and thought. The moral life lessons and similar “information” were served to us on these fascinating platters.

Dugongs are closely related to whales and dolphins. They are peaceful mammals that swim around gracefully and feed on sea grass.
They are categorized as “VULNERABLE” because there are not too many of them left in the world.

Find full cartoon here

At some point in life, we all seem to stop appreciating the power of storytelling. Plain reporting of information has been done to death. Even an amazing discovery written as a formal report will fail to excite audience. It is time we all get back to appreciating stories. They sell. Movies generally do better than documentaries don’t they?

Ameen:

Ajay:

2. Storytelling as a vehicle to make change

How and where does change happen?

“All action is in principle interaction [...] change happens through interaction, as others are also encouraged to change” From Text to Action

The second characteristic of narratives is how the episodes in our narratives involve contingencies that will be shaped and reformulated through the development of the story. The narratives are constructed in such a way that induce us to imagine possible events in the future and how we would act in said circumstances. This characteristic is supported by Ricoeur's understanding of the 'self' as an 'agent', who can act and influence causation by taking initiative or interfering[2] in the story. Even if the listener cannot necessarily influence the outcome of the story (unless it is participatory storytelling), it triggers thoughts about its capability to act and its ability to change future realities, as he imagines himself n the situation of its characters. This out-of-body experience is what turns story into experience.

Our storytellers comment on how stories can influence and activate our agency and enable listeners to act towards creating change.

Arjun: Of course! Like I said, it is easier to influence people when you are not being preachy. Storytelling sidesteps the moral high ground that change makers are often blamed to occupy and takes a pleasantly shrewd path, as silly as it may sound.


#2: Increase in wildlife tourism has been brought about by the increasing population of the ‘Tourist’. This species is easy to recognize (see figure). The species has created an ecosystem of its own. It eats any kind of high or low profile food. Lives in resorts. Seeks charismatic animals like the tiger. Its daily activity involves excessive use of its camera. This species facilitates wildlife tourism	#9: Wildlife tourism is an excellent way to expose people of India and abroad to its rich natural heritage [...] We definitely need to regulate the number of tourists to avoid crowding in the forests, but we also need to educate tourists, especially the first-timers, about wildlife and its conservation. The tourist can be an important tool in conservation – let’s not let it go waste!"

#2: Increase in wildlife tourism has been brought about by the increasing population of the ‘Tourist’. This species is easy to recognize (see figure). The species has created an ecosystem of its own. It eats any kind of high or low profile food. Lives in resorts. Seeks charismatic animals like the tiger. Its daily activity involves excessive use of its camera. This species facilitates wildlife tourism

#9: Wildlife tourism is an excellent way to expose people of India and abroad to its rich natural heritage [...] We definitely need to regulate the number of tourists to avoid crowding in the forests, but we also need to educate tourists, especially the first-timers, about wildlife and its conservation. The tourist can be an important tool in conservation – let’s not let it go waste!"

Find full cartoon here.

To the question of where we locate change, it depends on what this change is. Through my work, I often target individuals and smaller communities (say students, villagers etc.). I don't necessarily grab my paintbrush and declare that I will change the world. My idea of change is a tailored, targeted and therefore an efficient influence on individuals.

Ameen:

Ajay:

3. The role of technology in storytelling

How does technology influence and impact your work?

Ricoeur’s thoughts on the relationship between text and action, makes us reconsider how we think about ‘text’ and how this reading can be applied to technology. According to him, the distinction between text and action is not at the linguistic, but at the discursive level. This is how he differentiates language from discourse:

	Language	Discourse
Structure	A system: timeless and static	Located at a given time and moment
Composition	A sequence of signs	A sequence of events that describe, claim and represent the world
Meaning	Refers to signs	Refers to the world
Communication	Provides codes for communication. Necessary but not sufficient	Communicates

Using these working definitions, we can understand the medium as a language: a system that provides us with signs and codes for communication. A creative use of language and mediums will hence, enable us to create narratives and produce meaning (which will be generated and negotiated by the audience). Technology is in this case our language, and how each storyteller uses it determines new ways to create meaning: experiences, connections and associations with and within their stories. We now ask them if/how the use of this 'language' mediates and impacts their work.

Arjun: Technology is the best facilitator in the realm of my science-art-communication. I depend on it extensively, to first educate myself. Then to create artwork (computer, tablet, smartphone). And then eventually I depend heavily on social media to broadcast my work. I will definitely credit the power of technology for fostering and enabling effective communication.

# 11: The story of Ajoba was carried far and wide in newspapers, television news and the internet. Find full cartoon here.

In my capacity, I feel most confident targeting students and urban youth. But thanks to the power of social media, putting my work out there has grabbed the attention of change-makers who are capable of things that is beyond my scope. This has led to collaborations through which the reach has become wider. Teachers use my art work in their classes, some organisations are using it in forest department buildings to educate visitors, some local groups have translated my work into regional languages.

Ameen:

Ajay:

4. Translating awareness into action through stories

Can you guarantee the ideas and values imbued by the story translate into action in the public space?

“what must be the nature of action...if it is to be read in terms of change in the world?” From Text to Action

So far they have told us about the power and content of stories. However, we have yet to find out what is it in stories that make listeners translate fiction into real life action. Ricoeur's final characteristic of narratives points us in the direction of empathy and interpretation.

Like discourse, action is open to interpretation. He posits that characters of our stories rise to the status of ‘persons’ when we evaluate their actions, including their doings and sufferings. This ethical verdict determines the identity of the character in the eyes of the audience (above any other physical or emotional characteristics) and this is what ultimately adds meaning to the events of the story, as it inspires the audience to emulate or reject this behavior through their actions.

We asked our storytellers their thoughts on how to translate stories' messages into meaningful action, or if it was even possible to guarantee this transition to begin with:

Arjun: I don’t [know]. One never does, I feel. But a lot of good awareness programs have made me change little things in my life. The people or groups who initiated those campaigns don't know of this, do they? This is somewhat similar. I believe that even if ONE person in the thousand who view my work gets influenced into making little changes, then it was worth my time and effort.

Ameen:

Ajay: (Ajay commented on the impact of stories while we were discussing how to gauge the impact of his work. In our first conversation he said: "Change is happening but there are no tests that can measure it and quantify it." and he elaborates on this idea below:)

5. Influence of stories on citizenship and political participation

Can the power of stories be leveraged to instill a sense of responsibility in the audience?

"You can only achieve power in common by including the opinions of as many people as possible in the discourse"

Finally, as stated in the brief of the project on methods for change, we are also interested in defining how political participation should be manifested in the public space. Ricoeur frames political action as a result of discourse and political deliberation.For a brief discussion of the relationship between storytelling and our political identity visit Part 2 of Storytelling as Performance.)

This last section captures the storytellers' point of view on how stories may affect our sense of citizenship and political responsibility.

Arjun: We are living in a society which is becoming increasingly insensitive and arrogant. There seems to be no time to stop and see the big picture: what are we doing? are our demands and lifestyles sustainable? Is the future generation secure? Impacts of our actions on the natural world.


#1: Most of us love seafood. And why shouldn't we? It tops the charts as some of the most delicious delicacies in the world! It so happens that we rarely think about what goes on “behind-the-scenes” and take many things for granted. The story behind how food reaches your plate is quite a scary one!	#12: So next time you feel like a getting a seafood dinner, do it with some perspective.

Find full cartoon here

Ameen:

Ajay:

Closing Remarks

I hope you enjoyed reading, watching and listening these three wonderful storytellers share their ideas on technology, interpretation and action. The question that remains unresolved is whether the effect of the story is shaped by the use of technology or not. At the end of the day it is the interpretation of stories -more than what it is said and how it is being said- what will determine the sustainability of these intents for change. The answers of our storytellers reinforce the notion that technology is a system, a language, a medium that transports our messages and intentions, but that inherently lacks the ability to provide guarantees for action and sway users into a lifestyle of responsible citizenship the second they pull out from their cartoon, screen or mp3.

The box below includes a quick run through the main ideas discussed throughout the post:

1. On the power of storytelling:

Arjun argues that storytelling is the origin of all communication techniques, and this makes it extremely attractive for the public.
Both Ajay and Ameen bring up the ability to influence behavior, shape the minds of people and transmit experiences, values and beliefs.
Both also brought up how dominant religions, ideologies, markets governments use storytelling to build movements and sustain their support
Finally Ajay comments on the issue of access: stories are powerful yet only a small share of stories are being told Hence, the need for this method to become more pervasive.

2. Storytelling as a vehicle for change:
Each storyteller locates change in different yet complementary spaces:

Arjun believes it must occur at the community level and hence the approach (stories) must be tailored and targeted in order to achieve an effective influence. His approach to change is very contextual.
Ameen locates it at the behavioral level; in our ability to make decisions and choices. His approach to change is based on how we use information from stories to interact with our surroundings.
Ajay locates it at the value level: He believes stories should influence us to adjust our values and only then, we will shape our behavior accordingly.

3. Role of technology:
We approached technology as a 'text' and as a 'language' that creates new possibilities for meaning and interpretation.

For Arjun and Ajay, technology enabled them to connect with other organizations and increased possibilities for partnerships and collaborations.

The three of them believe technology is an accelerator of the journey of stories and that it enables them to reach a larger audience.
Ameen argued that each medium requires different fluencies, and that the language of each medium should be adapted for the story. For example, a story will be told in different ways if using body language, video, audio, etc. He uses the example of the Twitter adaption of the Mahabharata.
Ajay closes by noting that although technology enables, it cannot replace the storyteller.

4. Translating awareness into action

Arjun and Ameen comment on the power of effectively and positively influencing one person. They believe the impact will exponentially spread and grow through that person's network or community.
Arjun believes you can guarantee it will turn into action.
Ameen believes you need to move them and inspire them through your characters to the point they feel they can be the hero of that story and act accordingly.
Ajay takes a more pragmatic approach towards action and shares some of the activities The Kahani Project uses to complement his storytelling sessions, such as: story-thons, story-booths and interactive storytelling, where they engage the audience in the production of their own stories.

5. Impact of storytelling on citizenship and political participation

Arun and Ajay believe this will come as a result of self-reflection and an evaluation of our impact in the world.
Ameen believes effective stories transmit the 'responsibility of action' through rhetoric. He uses the example of the popularity of India Against Corruption movement.
Ajay believes storytelling is a humanizing force that has the power of healing. He recommends institutions should utilize this method to spread confidence and inclusion among society and particularly with excluded groups.

Footnotes

[1] Semiotics is defined as the study of signs and symbols and their use or interpretation. It is the study of making meaning and is essential to understand communication processes. While we will not look at any specific semiotics theory, we will focus on how stories create meaning through different signs and mediums, and how this meaning can be leveraged for making change.

[2] Refer to Stanford Encyclopedia of Philosophy’s page on Paul Ricoeur and the section on ‘Selves and Agents’ to learn more about how action is mediated by causation, interference and intervention. Some interesting thoughts that inspired the above post

“What must be the nature of the world … if human beings are able to introduce changes into it?. Ricoeur adopts the analysis of interference or intervention that G. H. von Wright gives in Explanation and Understanding, and shows that for there to be interference, there must be both: an ongoing anterior established order or course of things and a human doing that somehow intervenes in and disturbs that order. Moreover, interference is always purposeful. Hence an interference is not merely ascribable to an agent. It is also imputable to the agent as the one whose purpose motivates the interference.”

“The second crucial question about action is “What must be the nature of action … if it is to be read in terms of a change in the world?” Ricoeur argues that every action involves initiative, i.e., “an intervention of the agent of action into the course of the world, an intervention that effectively causes changes in the world” (Oneself as Another, 109, translation modified). Initiative requires a bodily agent possessing specific capabilities and vulnerabilities who inhabits some concrete worldly situation.”

Sources:

Dauenhauer, Bernard and Pellauer, David, "Paul Ricoeur", The Stanford Encyclopedia of Philosophy (Winter 2012 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/win2012/entries/ricoeur/>.

For more details visit https://cis-india.org/digital-natives/making-change/multimedia-storytellers

Odisha Dibasa 2014: 14 Books Re-released under CC License

subha — 2014-04-14T10:57:43Z

Odisha became a separate state in British India on April 1, 1936. Odia, a 2,500 year old language recently gained the status of an Indian classical language. The Odia Wikimedia community celebrated these two occasions on March 29 in Bhubaneswar with a gathering of 70 people.

Originally published on the Wikimedia blog on April 8, 2014. Media coverage of the event can be accessed here.

Linguists, scholars and journalists discussed the state of the Odia language in the digital era, initiatives for its development and steps that can be taken to increase accessibility to books and other educational resources. 14 copyrighted books have been re-licensed under the Creative Commons license and the digitization project on Odia WikiSource was formally initiated by an indigenous educational institute, the Kalinga Institute of Social Sciences (KISS). Professor Udayanath Sahu from Utkal University, The Odisha Review’s editor Dr. Lenin Mohanty, Odisha Bhaskar’s editor Pradosh Pattnaik, Odia language researcher Subrat Prusty, Dr. Madan Mohan Sahu, Allhadmohini Mohanty, Chairman Manik-Biswanath Smrutinyasa and trust’s secretary Brajamohan Patnaik along with senior members Sarojkanta Choudhury and Shisira Ranjan Dash spoke at the event.

Eleven books from Odia writer Dr. Jagannath Mohanty were re-released under Creative Commons Share-Alike (CC-BY-SA 3.0) license by the “Manik-Biswanath Smrutinyasa” trust, a trust founded by Dr. Mohanty for the development of the Odia language. Allhadmohini Mohanty formally gave written permission to Odia Wikimedia to release and digitize these books.

The community will be training students and a group of six faculty members at KISS who will coordinate the digitization of these books. “Collaborative efforts and open access to knowledge repositories will enrich our language and culture,” said linguist Padmashree Dr. Debiprasanna Pattanayak as he inagurated the event. Dr. Pattanayak and Odia language researcher Subrat Prusty from the Institute of Odia Studies and Research also re-licensed three books based on their research on Odia language and cultural influence of the language on other societies under the same license. KISS is going to digitize some of these books and make them available on Odia Wikisource.

An OpenType Odia Unicode font, “Odia OT Jagannatha” designed by Sujata Patel from Odialanguage.com was released under the OFL license. This is the first Odia OpenType font that the community actively tested. A new Odia offline input tool called “TypeOdia” by Wikipedian Manoj Sahukar was also released for public distribution. DVDs containing the font, the input tool, Odia language dictionaries, offline Odia Wikipedia in Kiwix, Wikipedia editing guide, ISCII to Unicode font converter, various free and open source software packages and Ubuntu operating system.

Active Odia Wikipedian and Admin Mrutyunjaya Kar gave the inaugural speech. Subhashish Panigrahi from the Center for Internet and Society read the annual report and vision of Odia Wikipedia. Chief guest Dr. Debiprasanna Pattanayak discussed about the efforts put forth that brought the Odia language as the sixth Indian classical language. A large majority of Odia publications are not available on the internet and readers are devoid of easy accessibility. He further discussed the process of digitization for preserving valuable books that are out of print and the old palm leaf manuscripts. Professor Udayanath Sahu presented on the process, progress and implementation of machine translation project in Utkal University.

Experienced Wikimedians conducted an advanced Wikipedia workshop on the second day of event at KIIT University, Bhubaneswar. It was attended by a majority of the existing Wikimedians from the community including new Wikipedians who signed up for the Odia Wikipedia Education Program at the Indian Institute of Mass Communication, Dhenkanal. Mrutyunjaya Kar presented on WikiData and various tools for linking and accessing information in multiple languages on various Wikimedia projects. Ansuman Giri discussed advanced technical aspects such as the use of various gadgets, proper categorization, how to use subpages, how to auto-list archive pages, customizing WikiLove feature, user rights modification, including how important it is to cite biographies of living persons with secondary sources, etc. Shitikantha Dash discussed copyright and issues regarding uploading images and other media files on Wikimedia Commons. Dr. Subas Chandra Rout presented on “notability, referencing and creating citations for the notable topics.” Subhashish Panigrahi discussed the work plan for the year, failure of program projects, collective learning and the dos and don’ts of community building.

We hope that more authors will come forward and re-release their books under CC-BY-SA license. The Odia community is excited to see or.wikisource.org go live. A few Wikipedians are even interested in typing their favorite free licensed books to make them available on Wikisource. I believe it’ll be challenging to train the KISS students to type and proof-read the written texts. In the CISA2K’s draft plan, the goal to have the number of editors seems overestimated. The students need to have some knowledge about Wikimedia and how it works in general before they start working. We hope that the books will be digitized properly and in coming days more users will join us in the process as we will have more free books in Odia Wikisource. I appeal to the Odia people to be a part of the Odia Wikimedia community and make Odia Wikisource a successful project, we need all the time you can devote. :-) Ansuman Giri, Odia Wikipedian


A group picture of Odia Wikipedians (by Jnanaranjan Sahu, CC-BY-SA 3.0)

For more details visit https://cis-india.org/openness/blog-old/odisha-dibasa-2014

Odia Loves Wikipedia

praskrishna — 2014-04-14T09:56:20Z

Odia is a 2,500 year old language native to the area of Odisha (formerly known as Orissa). The language has recently gained the status of an Indian classical language.

The article by Laura Morris was published in Rising Voices on April 10, 2014. Subhashish's article on Odia Wikipedia is mentioned.

Recently, the Odia Wikimedia community met to celebrate the language's new status in Bhubaneswar.

The following is an excerpt from a recent article on the Wikimedia Foundation blog, by Subhashish Panigrahi, sharing information about the Odia WIki community:

14 copyrighted books have been re-licensed under the Creative Commons license and the digitization project on Odia WikiSource was formally initiated by an indigenous educational institute, the Kalinga Institute of Social Sciences (KISS) [...] KISS is going to digitize some of these books and make them available on Odia Wikisource.

An OpenType Odia Unicode font, “Odia OT Jagannatha” designed by Sujata Patel from Odialanguage.com was released under the OFL license. This is the first Odia OpenType font that the community actively tested.

A new Odia offline input tool called “TypeOdia” by Wikipedian Manoj Sahukar was also released for public distribution. DVDs containing the font, the input tool, Odia language dictionaries, offline Odia Wikipedia in Kiwix, Wikipedia editing guide, ISCII to Unicode font converter, various free and open source software packages and Ubuntu operating system [...]

A large majority of Odia publications are not available on the internet and readers are devoid of easy accessibility. [Dr. Debiprasanna Pattanayak] discussed the process of digitization for preserving valuable books that are out of print and the old palm leaf manuscripts [...]

The Odia fonts can be downloaded for free. The developers of the font say:

We advocate for the use of Odia language in true spirit, in the domain of day-to-day administration, justice delivery, apart from the field of teaching. Besides, we have undertaken the project for developing Odia lexicon,with inclusion of typical odia version of technical words ,so as to avoid dependence on English language.

For more details visit https://cis-india.org/news/rising-voices-april-10-2014-odia-loves-wikipedia

‘Doing’ Digital Humanities: Reflections on a project on Online Feminism in India

sneha — 2015-03-30T12:48:16Z

A core concern of Digital Humanities research has been that of method. The existing discourse around the field of DH assumes a move away from traditional humanities and social sciences research methods to more open, collaborative and iterative forms of scholarship spanning some conventional and other not so conventional practices and spaces. In this guest blog post, Sujatha Subramanian reflects upon her experience of undertaking a research study on online feminist activism in India and its various challenges.

When the chance to do a research project on Digital Humanities presented itself, I deliberated over the possible topics I could explore. As a student of Media and Cultural Studies, I have on previous occasions studied digital technology and online spaces. Those studies, however, were simply “social sciences” research. I had little understanding of what Digital Humanities as a discipline entailed. While I admit that I am still unable to come up with a concrete definition of the same, the process of conducting the research and the DH workshop organised at CIS led to some clarity about the field and methods of Digital Humanities.

Before beginning the research I asked myself what could I, a feminist media scholar, learn from Digital Humanities and how could I contribute to the same. I wondered if the lack of familiarity with technological skills such as design, statistics and coding- knowledge that I saw as prerequisite to Digital Humanities- meant that I couldn’t really engage with the field of Digital Humanities. While grappling with this question, I chanced upon the #TransformDH project. At the heart of the project is the question- “How can digital humanities benefit from more diverse critical paradigms, including race/ethnic studies and gender/sexuality studies?” [1]

In a blogpost titled “Queer Studies and the Digital Humanities”,[2] the author states,

"...a lot of queer/critical ethnic studies/similar scholars also lack access to the resources that make it easier to combine digital and humanities work. That might not only mean physical access and training in technology, but also the time to add yet another interdisciplinary element to a project...my experience suggests that many, many politicized queers and people of color engaged in scholarly work in and out of the academy do use digital tools and think critically about them and even create them; they just don’t necessarily do so under the sign of the digital humanities."

As someone who used the space of Facebook to initiate conversations around feminist issues and was actively engaged in fighting the sexism entrenched in social media spaces, was I then already “doing” digital humanities? I reflected that since feminist activism finds such little space in mainstream media, a worthwhile Digital Humanities project could be to document and archive the contemporary feminist movement and the ways in which it is transforming our understanding of the digital space. As part of the project, I explored how feminist activists have revolutionised digital spaces for the creation of alternative public spheres, constituted of not just women but also other marginalised communities. The project gave me the opportunity to study the inclusions and exclusions facilitated by the digital space, with questions of gender, sexuality, class, caste and disability as central to the enquiry. The project also raised questions regarding popular assumptions of digital space as a disembodied, liberatory space free of power relations by exploring gendered and sexualised violence that these feminist activists face.

While the political vision of my project was clear, my methodological skills needed a little honing. The DH workshop organised at CIS was of great help in this regard. The feedback received at the workshop was instrumental in recognising the importance of “big data”. As a feminist researcher, life histories, personal narratives and stories remain important sources of knowledge for me. However, in studying social movements and their impact, the limitations of such methodological tools are revealed. Understanding how a feminist activist with 11,000 followers on Twitter offers important insight into public discourse is contingent on the ability to analyse such data. The workshop also helped me in realising that in my definition of activism, I had precluded many feminist engagements with digital technology, including the efforts of feminist Wikipedians, feminist gamers and feminist encounters with STEM (science, technology, engineering and mathematics). While these remain the shortcomings of my project, the workshop helped in foregrounding the scope for collaboration that lies at the heart of all our projects. A discussion of my project alongside Ditilekha’s project on LGBT Youth and Digital Citizenship brought to fore the intersections as well as the different activist strategies employed by the two movements in their use of social media. Sohnee’s project on the gender gap on Wikipedia underlines that an important aspect of working towards a feminist epistemology, and changing the relations of power that characterise technology, are issues of access and participation. Rimi’s use of a text mining tool to analyse the different patterns of language on confessions pages highlighted the value of such technological tools in socio-cultural analysis. The workshop which brought together scholars from different disciplinary backgrounds, helped in highlighting shared concerns of methodology, content and political visions and prompted discussions on innovative approaches to conducting research. This attempt at collaborative knowledge production- whether it is the constant communication between the research scholars through email, the workshop with the scholars and the mentors or even the dissemination of our reports on an open access site- has been the essence of my engagement with Digital Humanities. The ethos of collaboration as central to Digital Humanities is reflected in Joan Shaffer’s definition of Digital Humanities as “...a community interested in collaborative projects and sharing knowledge across disciplines." [3] This ethos of learning from fellow researchers and working together to create accessible knowledge is something that I shall carry forward to my future research endeavours.

[1]. http://transformdh.org/2012/01/

[2]. http://www.queergeektheory.org/2011/10/conference-thoughts-queer-studies-and-the-digital-humanities/

[3]. http://dayofdh2012.artsrn.ualberta.ca/members/echoln/profile/

Sujatha Subramanian is an M.Phil. Scholar at the Tata Institute of Social Sciences, Mumbai. This research study was part of a series of six projects commissioned by HEIRA-CSCS, Bangalore as part of a collaborative exercise on mapping the Digital Humanities in India. See here for more on this initiative.

For more details visit https://cis-india.org/raw/digital-humanities/doing-digital-humanities

Animating the Archive – A Survey of Printed Digitized Materials in Bengali and their Use in Higher Education

sneha — 2014-04-14T07:12:32Z

With the advent of digital technologies and the internet, archival practice has seen much change in its imagination and function, such as to extend its scope beyond preservation to a collaborative, open source model which facilitates new modes of knowledge production. In this blog post, Saidul Haque reflects upon his research project on a survey of digitized materials in Bengali, and some of the impediments to their use in higher education and research.

At present a large collection of printed Bengali materials in the form of books, journals, newspapers, magazines, pamphlets, etc., is scattered in various public libraries, institutions, and private collections in India and abroad.These endangered and hidden cultural resources in vernacular languages need to be digitized and shared to a networked community using an online platform not only for the sake of preservation but also for wider dissemination. A comprehensive survey of printed digitized materials in the field of Arts and Culture, Education, Politics/Economy was executed as part of a collaborative project with HEIRA-CSCS, Bangalore. The survey was carried out at School of Cultural Texts and Records, Jadavpur University and Centre for the Study of Social Sciences (CSSS), Kolkata. These are the pioneering institutions in Bengal to introduce digital preservation of cultural materials and they have ongoing digitization initiatives. Online archives/ digital repositories available in the public domain [like West Bengal Public Library Network, Society for Natural Language Technology Research (SNLTR), Digital Library of India, E-Gyankosh of Indira Gandhi National Open University(IGNOU), Rare Bengali Book section in Internet Archive, Digital South Asia Library, various public blogs] also came under this survey. Observations were gathered through interviews with resource persons involved in digitization. Discussion with students, researchers and faculty members concentrated on the use of Bengali digitized materials in higher education.

School of Cultural Texts and Records(SCTR) has digitized popular street literature and a wide collection of rare and unique texts on Bengali drama of 19th century .The revolutionary Bichitra Project of the School provides a complete online resource of Rabindranath Tagore’s works in both English and Bengali. (http://bichitra.jdvu.ac.in/index.php). Centre for Studies in Social Science, on the other hand started preserving rare documents in microfilm format from 1993 but later shifted to digitization mode. In 2008 the CSSSC and Savifa (University of Heidelberg) through a collaborative programme made available the collection of CSSSC (the early printed literature in Bengali from 1800-1950) online. The centre has also retrieved two major and endangered Bengali newspapers: Jugantar and Amrita Bazar Patrika from colonial and post–colonial Bengal. Amrita bazaar patrika is available online through the World Newspaper Archive Collection.

Online repositories like West Bengal Public Library Network and Digital Library of India also holds a large number of Bengali books but in most cases Indian language full-text contents are available in TIFF image format only.

The issue of using digitized Bengali materials in higher education sheds light on various problems related to free access, copyright issue, technological adversity, and metadata. Most of the materials available in digital domain are popular story books and hence scarcity of scholarly materials in Bengali for higher education is evident. Most of the students do not know where to search and how to search and they prefer to visit libraries. There are almost 17,000 entries in the domain of Bengali Wikipedia. But either students are unaware of their existence or don’t rely on these materials as these are not updated. Most of them are even unaware of the fact that they can edit these pages. Recently a few scholars started uploading essays in Bengali on Academia.edu. But teachers are doubtful about the quality of these materials as anyone can upload papers here. E-thesis depository spaces like Shodhganga and Vidyanidhi contain materials in English and a few in regional languages like Hindi but not in Bengali. In the Directory of Open Access Journals (DOAJ), there are only two bi-lingual journals ( Barnolipi and Pratidhwani) which publish articles in Bengali. Teachers are unanimous in the belief that online publication of Bengali research articles will bring more research citations and also decrease the rate of duplicity of same research topic. But scarcity of open access Bengali materials (digitized and born digital) online is a great hindrance in doing research in Bengali.

Researchers in Bengali language and literature may also come forward to participate actively in digitizing rare materials. Of course funding and technical equipment are great hindrance but institutions like SCTR, Jadavpur University are eager to provide scanners and other support to those who want to digitize important cultural resources. Presently the concept of online Bengali bookshops has emerged. The numbers of online e-magazines and e-newspapers in Bengali is growing day by day. What we need is to make people aware of the existence of these resources. It is a positive step on the part of people who are using social networking sites in Bengali and often bringing out creative magazines online to reach a greater audience.

Metadata of Bengali digitized materials is mostly in transliterated form and not in Bengali. Hence searching in Bengali fonts often brings no result. People engaged in digitization should be experts in handling Bengali standard key board like Avro. It would also be good if people engaged in digitization of Indic languages join in workshops and build a common standard of Metadata. Rather than following Western forms like Dublin code it may be thought of an indigenous code of metadata in Bengali. Issue of Free Access and the question of copyright go hand in hand. A large bulk of digitized Bengali materials is available in the archive room of SCTR and CSSS. These cannot be uploaded online for free access due to copyright issues or the unwillingness of the contributors of original materials. Most donors are not willing to give their works to these institutions as often they think that it will diminish their own authority and researchers will go to the University directly and not to them. Often the donors can’t trust the institutes and ask to digitize materials in their own home and return the original materials as soon as possible before they are stolen or lost. Regarding problem of digitization it is observed that most materials are fragile and digitization tasks with scanners and other technological instruments often led to the destruction of the original material.

We also need to think of preserving the large terabytes of data on one hand and original copies on the other hand. Institutional collaboration can be one way of bringing all digital materials in one single platform. In this regard, the role of C-DAC, Kolkata and SNLTR in digitization of vernacular language materials is praiseworthy.

Saidul Haque is a student of the PG course on Digital Humanities and Cultural Informatics at the School of Cultural Texts and Records, Jadavpur University, Kolkata. This research study was part of a series of projects commissioned by HEIRA-CSCS, Bangalore as part of a collaborative exercise on mapping the Digital Humanities in India. See here for more on this initiative.

For more details visit https://cis-india.org/raw/digital-humanities/animating-the-archive

Report of the Group of Experts on Privacy vs. The Leaked 2014 Privacy Bill

elonnai — 2014-04-14T06:10:20Z

Following our previous post comparing the leaked 2014 Privacy Bill with the leaked 2011 Privacy Bill, this post will compare the recommendations provided in the Report of the Group of Experts on Privacy by the Justice AP Shah Committee to the text of the leaked 2014 Privacy Bill. Below is an analysis of recommendations from the Report that are incorporated in the text of the Bill, and recommendations in the Report that are not incorporated in the text of the Bill.

Recommendations in the Report of the Group of Experts on Privacy that are Incorporated in the 2014 Privacy Bill

Constitutional Right to Privacy

The Report of the Group of Experts on Privacy recommends that any privacy legislation for India specify the constitutional basis of a right to privacy. The 2014 Privacy Bill has done this, locating the Right to Privacy in Article 21 of the Constitution of India.

Nine National Privacy Principles

The Report of the Group of Experts on Privacy recommends that nine National Privacy Principles be adopted and applied to harmonize existing legislation and practices. The 2014 Privacy Bill also adopts nine National Privacy Principles. Though these principles differ slightly from the National Privacy Principles recommended in the Report, they are broadly the same, and importantly will apply to all existing and evolving practices, regulations and legislations of the Government that have or will have an impact on the privacy of any individual. Presently, the 2014 Privacy Bill locates the nine National Privacy Principles in an Annex to the Bill, but also incorporates the principles in more detail in sections relating to personal data. An analysis of the principles as compared in the Report and the Bill is below:

Notice: The principle of notice as recommended by the Report of the Group of Experts on Privacy differs from the principle of notice in the 2014 Privacy Bill. According to the notice principle in the Report, a data controller shall give sample to understand notice of its information practices to all individuals, in clear and concise language, before any personal information is collected from them. Such notices should include: (during collection) What personal information is being collected; Purposes for which personal information is being collected; Uses of collected personal information; Whether or not personal information may be disclosed to third persons; Security safeguards established by the data controller in relation to the personal information; Processes available to data subjects to access and correct their own personal information; Contact details of the privacy officers and SRO ombudsmen for filing complaints. (Other Notices) Data breaches must be notified to affected individuals and the commissioner when applicable. Individuals must be notified of any legal access to their personal information after the purposes of the access have been met. Individuals must be notified of changes in the data controller’s privacy policy. Any other information deemed necessary by the appropriate authority in the interest of the privacy of data subjects.

In contrast, the 2014 Privacy Bill requires that all the data controllers provide adequate and appropriate notice of their information practices in a form that is easily understood by all intended recipients. In addition to this principle as listed in an annex, the Bill requires that on initial collection data controllers provide notice of what personal data is being collected and the legitimate purpose for which the personal data is being collected. If the purpose for which the personal data changes, data controllers must provide data subjects with a further notice that would include the use to which the personal data shall be put, whether or not the personal data will be disclosed to at third person and, if so, the identity of such person if the personal data being collected is intended to be transferred outside India and the reasons for doing so; how such transfer helps in achieving the legitimate purpose; and whether the country to which such data is transferred has suitable legislation to provide for adequate protection and privacy of the data; the security and safeguards established by the data controller in relation to the personal data; the processes available to a data subject to access and correct his personal data; the recourse open to a data subject, if he has any complaints in respect of collection or processing of the personal data and the procedure relating thereto; the name, address and contact particulars of the data controller and all persons who will be processing the personal data on behalf of the data controller. Additionally, if a breach of data takes place data controllers must inform the affected data subject that lost or stolen; accessed or acquired by any person not authorized to do so; damaged, deleted or destroyed; processed, re-identified or disclosed in an unauthorized manner.

Though the 2014 Privacy Bill requires a more comprehensive notice to be issued if the purpose for the use of personal data changes, it does not specify (as recommended by the Group of Experts on Privacy) that notice of changes to a data controller’s privacy policy be issued.

Choice and Consent: The principle of choice and consent in the 2014 Privacy Bill is similar to the principle in the Report of the Group of Experts on privacy in that it requires that all data subjects be provided with a choice to provide or not to provide personal data and that data subject will have the option of withdrawing consent at any time. Though not a part of the specific principle on ‘choice and consent’ listed in the annex the 2014 Privacy Bill also contains provisions that address mandatory collection of information which require, as recommended by the Report of the Group of Experts, that the information is anonymoized. Furthermore, the 2014 Privacy Bill provides individuals an opt-in or opt-out choice with respect to the provision of personal data.

Different from as recommended in the principle in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill does not specify that in exception cases when it is not possible to provide a service with choice and consent, then choice and consent will not be required.

Collection Limitation: The principle of collection limitation as recommended in the Report of the Group of Experts on Privacy and the principle of collection limitation in the Annex of the 2014 Privacy Bill are similar in that both require that only data that is necessary to achieve an identified purpose be collected. As recommended in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill also requires that notice be provided prior to collection and content taken.

Purpose Limitation: Though the principle of Purpose Limitation are similar in the Report of the Group of Experts on Privacy and the 2014 Privacy Bill as they both require personal data to be used only for the purposes for which it was collected and that the data must be destroyed after the purposes have been served, the 2014 Privacy Bill does not specify that information collected by a data controller must be adequate and relevant for the purposes for which they are processed. The 2014 Privacy Bill also incorporates elements from the principle of Purpose Limitation as defined by the Report of the Group of Experts in other parts of the Bill. For example, the 2014 Bill requires that notice be provided to the individual if there is a change in purpose for the use of the personal information, and designates a section on retention of personal data.

Access and Correction: The principle of Access and Correction in the 2014 Privacy Bill reflects the principle of Access and Correction in the Report of the Group of Experts (though not verbatim). Importantly, the 2014 Privacy Bill incorporates the recommendation from the Report of the Group of Experts on Privacy that prohibits access to personal data if it will affect the privacy rights of another individual.

Disclosure of Information: The principle of ‘Disclosure of Information’ in the Privacy Bill 2014 is similar to the principle of ‘Disclosure of Information’ as recommended in the Report of the Group of Experts on Privacy (though not verbatim). As recommended this principle requires that personal data be disclosed to third parties only if informed consent has been taken from the individual and the third party is bound the adhere to all relevant and applicable privacy principles.

Security: The principle of security in the 2014 Privacy Bill reflects the principle of Security recommended in the Report of the Group of Experts on Privacy and requires that personal data be secured through reasonable security safeguards against unauthorized access, destruction, use, modification, de-anonymization or unauthorized disclosure.

Openness: The principle of Openness in the 2014 Privacy Protection Bill is similar to the principle of Openness recommended in the Report of the Group of Experts on Privacy in that it requires data controllers to make available to all individuals in an intelligible form, using clear and plain language, the practices, procedures, and policies, and systems that are in place to ensure compliance with the privacy principles. The principle in the 2014 Privacy Bill differs from the recommendation in the Report of the Group of Experts on Privacy in that it does not require data controllers to take necessary steps to implement practices, policies, and procedures in a manner proportional to the scale, scope, and sensitivity to the data they collect.

Accountability: The principle of Accountability in the 2014 Privacy Bill is similar to the principle of Accountability as recommended in the Report of the Group of Experts as both require that the data controller is accountable for compliance with the national Privacy Principles.

Application to interception and access, video and audio recording, personal identifiers, bodily and genetic material: The Privacy Bill 2014 incorporates the recommendations from the Report of the Group of Experts on Privacy and specifies the way in which the National Privacy Principles will apply to the interception and access of communications, video and audio recording, and personal identifiers. But the 2014 Privacy Bill does not specify the application of the National Privacy Principles to bodily and genetic material (though this information is included in the definition of sensitive personal information).

With respect to the installation and operation of video recording equipment in a public space, the 2014 Privacy Bill requires that video recording equipment may only be used in accordance with a prescribed procedure and for a legitimate purpose that is proportionate to the objective for which it was installed. Furthermore, individuals cannot use video recording equipment for the purpose of identifying an individual, monitoring his personal particulars, or revealing in public his personal information. The provisions in the Bill that speak to storage, processing, retention, security, and disclosure of personal data apply to the installation and use of video recording equipment. As a note the 2014 Privacy Bill carves out an exception for law enforcement and government intelligence agencies in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India.

With respect to the application of the National Privacy Principles to the interception of communications, the 2014 Privacy Bill lays down a regime for the interception of communications and specifies that the principles of notice, choice, consent, access and correction, and openness will apply to the interception of communications when authorised.

With respect to Personal Identifiers, the 2014 Privacy Bill notes that the principles of notice, choice, and consent will not apply to the collection of personal identifiers by the government. Additionally, the government will not be obliged to use any personal identifier only for the limited purpose for which the personal identifier was collected, provided that the use is in conformance with the other National Privacy Principles.

Additional Protection for Sensitive Personal Data

The Report of the Group of Experts on Privacy broadly recommends that sensitive personal data be afforded additional protection and existing definitions of sensitive personal data should be harmonised. The 2014 Privacy Bill incorporates these recommendations by defining sensitive personal data as data relating to physical and mental health including medical history, biometric, bodily or genetic information; criminal convictions; password, banking credit and financial data; narco analysis or polygraph test data, sexual orientation. The 2014 Privacy Bill also requires authorization from the Data Protection Authority for the collection and processing of sensitive personal data and defines circumstances of when this authorization would not be required including: collection or processing of such data is authorized by any other law for the time being in force; such data has already been made public as a result of steps taken by the data subject; collection and processing of such data is made in connection with any legal proceedings by an order of the competent court; such data relating to physical or mental health or medical history of an individual is collected and processed by a medical professional, if such collection and processing is necessary for medical care and health of that individual; such data relating to biometrics, bodily or genetic material, physical or mental health, prior criminal convictions or financial credit history is processed by the employer of an individual for the purpose of and in connection with the employment of that individual; such data relating to physical or mental health or medical history is collected an processed by an insurance company, if such processing is necessary for the purpose of and in connection with the insurance policy of that individual; such data relating to criminal conviction, biometrics and genetic is processed and collected by law enforcement agencies; such data regarding credit, banking and financial details of an individual is processed by a specific user under the Credit Information Companies (Regulation) Act, 2005; such data is processed by schools or other education institutions in connection with imparting of education to an individual; such data is collected or processed by the government Intelligence agencies in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India, the authority has, by a general or specified order permitted the processing of such data for specific purpose and is limited to the extent of such permission. The 2014 Privacy Bill also prohibits additional transactions from being performed using sensitive personal information unless free consent was obtained for such transaction.

Privacy Officers

The Report of the Group of Experts on Privacy recommends that Privacy Officers be established at the organizational level for overseeing the processing of personal data and compliance with the Act. This recommendation has been incorporated in the 2014 Privacy Bill, which establishes Privacy Officers at the organizational level.

Co-regulatory Framework

The Report of the Group of Experts on Privacy recommends that a system of co-regulation be established, where industry levels self regulatory organizations develop privacy norms, which are in turn approved and enforced by the Privacy Commissioner. The 2014 Privacy Bill puts in place a similar co-regulatory framework where industry level self regulatory organizations can develop norms which will be turned into regulations and enforced by the Data Protection Authority. If a sector does not develop norms, the Data Protection Authority can develop norms for the specific sector.

Recommendations in the Report that are not in the Bill

Scope

The Report of the Group of Experts on Privacy recommends that the scope of any privacy framework extends to all individuals, all data processed in India, and all data originating from India. The 2014 Privacy Bill differs from these recommendations by extending the right to privacy to all residents of India, while remaining silent on whether or not the scope of the legislation extends to all data processed in India and all data originating in India. Despite this, the 2014 Bill does specify that any organization that processes or deals with data of an Indian resident, but does not have a place of business within India, must establish a ‘representative resident’ in India who will be responsible for compliance with the Act.

Exceptions

The Report of the Group of Experts recommends the following as exceptions to the right to privacy:

National security
Public order
Disclosure in the public interest
Prevention, detection, investigation, and prosecution of criminal offenses
Protection of the individual and rights and freedoms of others

The Report further clarifies that any exception must be qualified and measured against the principles of proportionality, legality, and necessary in a democratic state.

The Privacy Bill 2014 reflects only the exception of “protection of the individual rights and freedoms of others”. The exceptions as defined in the 2014 Bill are:

Sovereignty, integrity or security of India or
Strategic, scientific or economic interest of India; or
Preventing incitement to the commission of any offence; or
Prevention of public disorder; or
The investigation of any crime; or
Protection of rights and freedoms others; or
Friendly relations with foreign states; or
Any other legitimate purpose mentioned in this Act.

Instead of qualifying these exceptions with the principles of proportionality, legality, and necessary in a democratic state – as recommended in the Report of Group of Experts on Privacy, the 2014 Privacy Bill qualifies that any restriction must be adequate and not excessive to the objectives it aims to achieve.

Constitution of Infringement of Privacy

The Report of the Group of Experts on Privacy specifies that the publication of personal data for artistic and journalistic purposes in the public interest, disclosure under the Right to Information Act, 2005, and the use of personal data for household purposes should not constitute an infringement of privacy. In contrast the 2014 Privacy Bill specifies that the processing of personal data by an individual purely for his personal or household use, the disclosure of information under the provisions of the Right to information Act, 2005, and any other action specifically exempted under the Act will not constitute an infringement of privacy.

The Data Protection Authority

The Report of the Group of Experts on Privacy recommends the establishment of Privacy Commissioners (and places emphasis on Privacy Commissioner rather than Data Protection Authority) at the Central and Regional level. The Privacy Commissioner should be of a rank no lower than a retired Supreme Court Judge at the Central level and a retired High Court Judge at the regional level. The privacy commissioner should have the power to receive and investigate class action complaints and investigative powers of the commissioner should include the power to examine and call for documents, examine witnesses, and take a case to court if necessary. The Commissioner should be able to investigate data controllers on receiving complaints or suo moto, and can order privacy impact assessments. Organizations should not be able to appeal fines levied by the Privacy Commissioner, but individuals can appeal a decision of the Privacy Commissioner to the court. The Commissioner should also have broad oversight with respect to interception/access, audio & video recordings, use of personal identifiers, and the use of bodily or genetic material. The Privacy Commissioner will also have the responsibility of approving codes of conduct developed by the industry level SRO’s.

Differing from the recommendations in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill establishes a Data Protection Authority (as opposed to a Privacy Commissioner) at the Central level. Instead of creating regional Data Protection Authorities, the 2014 Privacy Bill allows for the Central Government to decide where other offices of the Data Protection Authority will be located. Furthermore, the 2014 Privacy Bill does not specify a qualification for the Data Protection Authority and instead establishes a selection committee to choose and appoint a Data Protection Authority. This committee is comprised of a Cabinet Secretary, Secretary to the Department of Personnel and Training, Secretary to the Department of Electronics and Information Technology, and two experts of eminence from relevant fields that will be nominated by the Central Government.

The 2014 Privacy Bill does not specify that fines ordered by the Data Protection Authority will be binding for organizations, but does allow individuals to appeal decisions of the Data Protection Authority to the Appellate Tribunal. Differing from the recommendations in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill gives the Data Protection Authority the power to call upon any data controller at any time to furnish in writing information or explanation relating to its affairs, and receive and investigate complaints about alleged violations of privacy of individuals in respect of matters covered under this Act, conduct investigations and issue appropriate orders or directions to the parties concerned. Furthermore, the 2014 Privacy Bill does not specify that the Data Protection Authority will carry out privacy impact assessments, but the Authority can conduct audits of any or all personal data controlled by a data controller, can investigate data breaches, investigate in complaint received, and adjudicate on a dispute arising between data controllers or data subjects and data controllers. Unlike the recommendations in the Report of the Group of Experts on Privacy, it does not seem that the Data Protection Authority will play an overseeing role with respect to interception, the use of video recording equipment, personal identifiers, and the use of bodily and genetic material.

Tribunal and System of Complaints

Differing from the recommendation in the Report of the Group of Experts on Privacy, which specified that a Tribunal should not be established as under the Information Technology Act as there is the risk that the institutions will not have the capacity to rule on a broad right to privacy, the 2014 Privacy Bill does establish a Tribunal under the Information Technology Act. The Report of the Group of Experts on Privacy also recommended that complaints be taken to the district level, high level, and Supreme Court – whereas the 2014 Privacy Bill allows individuals to appeal decisions from the Tribunal only to a High Court. Similar to the recommendations of the Report of the Group of Experts, the 2014 Privacy Bill has in place Alternative Dispute Resolution mechanisms at the level of the industry self regulatory organization. The 2014 Privacy Bill also specifies that individuals can seek civil remedies and leaves the issuance of compensation for privacy harm to be from a Court. Unlike the recommendations in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill does not specify that the Data Protection Authority will be able to take a case to the court.

Penalties and Offenses

The Report of the Group of Experts on Privacy did not provide specific recommendations for types of offences and penalties, but did suggest that offenses similar to those spelled out in the UK Data Protection Act and Australian Privacy Act be adopted – namely non-compliance with the privacy principles, unlawful collection, processing, sharing/disclosure, access, and use of personal data, and obstruction of the privacy commissioner. The 2014 Privacy Bill does create offenses for the unlawful collection, processing, sharing/disclosure, access, and use of personal data, but does not create offenses for obstruction of the privacy commissioner or broad non-compliance with the privacy principles.

Conclusion

The Centre for Internet and Society welcomes the similarities between the recommendations in the Report of the Group of Experts on Privacy and the leaked 2014 Privacy Bill, but would recommend that on areas where there are differences, particularly in the scope of the Privacy Bill and the powers and functions of the Data Protection Authority, the 2014 Bill be brought in line with the recommendations from the Report of the Group of Experts on Privacy.

In the upcoming post, we will be comparing the text of the leaked 2014 Privacy Bill to international best practices and standards.

References

For more details visit https://cis-india.org/internet-governance/blog/report-of-group-of-experts-on-privacy-vs-leaked-2014-privacy-bill

Net Neutrality, Free Speech and the Indian Constitution - I

gautam — 2014-04-29T08:03:57Z

In this post, I will explore net neutrality in the context of Indian law and the Indian Constitution.

Let us take, for the purposes of this post, the following definition:

“The idea that all Internet traffic should be treated equally is known as network neutrality. In other words, no matter who uploads or downloads data, or what kind of data is involved, networks should treat all of those packets in the same manner.”

In other words, put simply, net neutrality in its broadest form requires the extant gatekeepers of the internet – such as, for instance, broadband companies – to accord a form of equal and non-discriminatory treatment to all those who want to access the internet. Examples of possible discrimination – as the quote above illustrates – include, for instance, blocking content or providing differential internet speed (perhaps on the basis of a tiered system of payment for access).

Net neutrality has its proponents and opponents, and I do not have space here to address that dispute. In its broadest and absolutist form, net neutrality is highly controversial (including arguments that existing status quo is not neutral in any genuine sense). I take as given, however, that some form of net neutrality is both an important and a desirable goal. In particular, intentional manipulation of information that is available to internet users – especially for political purposes – is, I assume, an undesirable outcome, as are anti-competitive practices, as well as price-discrimination for the most basic access to the internet (this brief article in the Times of India provides a decent, basic primer on the stakes involved).

An example of net neutrality in practice is the American Federal Communications Commission’s Open Internet Order of 2010, which was the subject of litigation in the recently concluded Verizon v. FCC. The Open Internet order imposed obligations of transparency, no blocking, and no unreasonable discrimination, upon internet service providers. The second and third requirements were vacated by a United States Court of Appeals. The rationale for the Court’s decision was that ISPs could not be equated, in law, to “common carriers”. A common carrier is an entity that offers to transport persons and/or goods in exchange for a fee (for example, shipping companies, or bus companies). A common carrier is licensed to be one, and often, one of the conditions for license is an obligation not to discriminate. That is, the common carrier cannot refuse to carry an individual who is willing and able to pay the requisite fees, in the absence of a compelling reason (for example, if the individual wishes the carrier to transport contraband). Proponents of net neutrality have long called for treating ISPs as common carriers, a proposition – as observed above – was rejected by the Court.

With this background, let us turn to India. In India, internet service providers are both state-owned (BSNL and MTNL), and privately-owned (Airtel, Spectranet, Reliance, Sify etc). Unlike many other countries, however, India has no network-neutrality laws. As this informative article observes:

“The Telecom Regulatory Authority of India (TRAI), in its guidelines for issuing licences for providing Unified Access Service, promotes the principle of non-discrimination but does not enforce it… the Information Technology Act does not provide regulatory provisions relating to Internet access, and does not expressly prohibit an ISP from controlling the Internet to suit their business interests.”

In the absence of either legislation or regulation, there are two options. One, of course, is to invoke the rule of common carriers as a common law rule in court, should an ISP violate the principles of net neutrality. In this post (and the next), however, I would like to analyze net neutrality within a constitutional framework – in particular, within the framework of the constitutional guarantee of freedom of speech and expression.

In order to do so, two questions become important, and I shall address them in turn. First, given that most of the ISPs are privately owned, how does the Constitution even come into the picture? Our fundamental rights are enforceable vertically, that is, between individuals and the State, and not horizontally – that is, between two individuals, or two private parties. Where the Constitution intends to depart from this principle (for instance, Article 15(2)), it specifically and expressly states so. As far as Article 19 and the fundamental freedoms are concerned, however, it is clear that they do not admit of horizontal application.

Yet what, precisely, are we to understand by the term “State”? Consider Article 12:

“In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

The key question is what, precisely, falls within the meaning of “other authorities”. The paradigmatic example – and this is something Ambedkar had in mind, as is evidenced by the Constituent Assembly Debates – is the statutory corporation – i.e., a company established under a statute. There are, however, more difficult cases, for instance, public-private partnerships of varying types. For the last fifty years, the Supreme Court has struggled with the issue of defining “other authorities” for the purposes of Part III of the Constitution, with the pendulum swinging wildly at times. In the case of Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, a 2002 judgment by a Constitution bench, the Court settled upon the following definition:

“The question in each case would be whether in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of the Government. Such control must be particular to the body in question and must be pervasive. If this is found then the body is a State within Article 12. On the other hand, when the control is merely regulatory whether under statute or otherwise, it would not serve to make the body a State.”

Very obviously, this dooms the ISP argument. There is no way to argue that ISPs are under the pervasive financial, functional and administrative domination or control of the State. If we step back for a moment, though, the Pradeep Kumar Biswas test seems to be radically under-inclusive. Consider the following hypothetical: tomorrow, the government decides to privatize the nation’s water supply to private company X. Company X is the sole distributor of water in the country. On gaining control, it decides to cut off the water supply to all households populated by members of a certain religion. There seems something deeply wrong in the argument that there is no remedy under discrimination law against the conduct of the company.

The argument could take two forms. One could argue that there is a certain minimum baseline of State functions (ensuring reasonable access to public utilities, overall maintenance of communications, defence and so on). The baseline may vary depending on your personal political philosophy (education? Health? Infrastructure?), but within the baseline, as established, if a private entity performs a State function, it is assimilated to the State. One could also argue, however, that even if Part III isn’t directly applicable, certain functions are of a public nature, and attract public law obligations that are identical in content to fundamental rights obligations under Part III, although their source is not Part III.

To unpack this idea, consider Justice Mohan’s concurring opinion in Unnikrishnan v. State of Andhra Pradesh, a case that involved the constitutionality of high capitation fees charged by private educational institutions. One of the arguments raised against the educational institutions turned upon the applicability of Article 14’s guarantee of equality. The bench avoided the issue of whether Article 14 directly applied to private educational institutions by framing the issue as a question of the constitutionality of the legislation that regulated capitation fees. Justice Mohan, however, observed:

“What is the nature of functions discharged by these institutions? They discharge a public duty. If a student desires to acquire a degree, for example, in medicine, he will have to route through a medical college. These medical colleges are the instruments to attain the qualification. If, therefore, what is discharged by the educational institution, is a public duty that requires… [it to] act fairly. In such a case, it will be subject to Article 14.”

In light of Pradeep Kumar Biswas, it is obviously difficult to hold the direct application of the Constitution to private entities. We can take Justice Mohan, however, to be making a slightly different point: performing what are quintessentially public duties attract certain obligations that circumscribe the otherwise free action of private entities. The nature of the obligation itself depends upon the nature of the public act. Education, it would seem, is an activity that is characterized by open and non-discriminatory access. Consequently, even private educational institutions are required to abide by the norms of fairness articulated by Article 14, even though they may not, as a matter of constitutional law, be held in violation of the Article 14 that is found in the constitutional text. Again, the content of the obligation is the same, but its source (the constitutional text, as opposed to norms of public law) is different.

We have therefore established that in certain cases, it is possible to subject private entities performing public functions to constitutional norms without bringing them under Article 12’s definition of the State, and without the need for an enacted statute, or a set of regulations. In the next post, we shall explore in greater detail what this means, and how it might be relevant to ISPs and net neutrality.

Gautam Bhatia — @gautambhatia88 on Twitter — is a graduate of the National Law School of India University (2011), and presently an LLM student at the Yale Law School. He blogs about the Indian Constitution at http://indconlawphil.wordpress.com. Here at CIS, he will be blogging on issues of online freedom of speech and expression.

For more details visit https://cis-india.org/internet-governance/blog/net-neutrality-free-speech-and-the-indian-constitution-part-1

Parties give short shrift to privacy

praskrishna — 2014-05-05T05:54:11Z

Both the Congress and BJP vision documents disappoint, but the real surprise is the CPI-M document that deals with cyber issues in a substantial manner.

The article by Pratap Vikram Singh was published in GovernanceNow.com on April 12, 2014. Sunil Abraham is quoted.

For civil rights activists in the internet and cyber space, the election manifestoes of major political parties including the Congress and the BJP have come as a disappointment. Both the parties are mute on privacy. In the recent past there has been a vociferous demand for a strong legislation on privacy. A draft bill on privacy has been making rounds of the bureaucratic circle for three years. Manifestoes are also silent on the need for correction in the information technology act, which activists say is characterised by 'arbitrariness and lack of processes'.

“A healthy democracy gives equal weightage to transparency and privacy. It’s disappointing that the two parties have overlooked these two,” says Sunil Abraham, director of the Bangalore based Centre for Internet and Society (CIS). Both Congress and BJP don’t mention about the lack of implementation of the open data policy. The policy, aka NDSAP 2012, requires all departments and ministries to put high value data sets in public domain within a few months of the policy enforcement. The parties are also silent on need for a balancing act on surveillance and civil liberty.

Nikhil Pahwa, founder of Medianama.com, a portal posting news and analysis on digital media, says “The parties could have talked about reforming the IT legislation, especially the Section 79 and IT Rules 2011 which gives the intermediaries—the ISPs, websites, and cyber cafes—the power to strike down content without even hearing the author.” The law, currently, doesn’t provide a redressal mechanism to the author.

Similarly both parties are mute on internet governance, which has become a major global issue after the US showed willingness to cede its monopolistic oversight over the body governing the internet ICANN.

The Congress manifesto is also blank on making websites and systems accessible for specially-abled population, also called as e-accessibility. While the BJP too doesn’t talk about making government portals e-accessible, it speaks about the use of technology to deliver low cost quality education to specially-abled students. Issuance of universal identity cards for all applicable government benefits and disabled friendly access to public facilities are two other things which the party promises to implement if voted in power.

Both election manifestoes don’t mention concerns related to telecommunication sector. Broadband is the only term that appears in the two manifestoes. The Congress promises to bring high speed Internet to every village panchayat. This is not a new initiative; a project under DoT called national optical fibre network, NOFN, proposes to do the same. The BJP’s manifesto says, “Deployment of broadband in every village would be a thrust area.”

Both parties also talk about putting public services online. There is also nothing concrete about promotion of indigenous manufacturing in electronics and IT hardware. While there are serious omissions in the two manifestoes, the manifesto of the CPI-M surprises many, highlighting key issues concerning civil rights and liberty.

The manifesto talks about ‘demilitarisation of cyber space’ and ‘protecting Internet and telecommunications networks from cyber attacks and surveillance by building indigenous capability’. Edward Snowden’s revelation of the PRISM programme seems to be the context. It also talks about promoting ‘free software and other such new technologies which are free from monopoly ownership through copyrights or patents; knowledge commons should be promoted across disciplines, like biotechnology and drug discovery’.

For more details visit https://cis-india.org/news/governance-now-april-12-2014-pratap-vikram-singh-parties-give-short-shrift-to-privacy