Centre for Internet and Society

In Parts of India, Internet Shutdowns Are a Fact of Life

Megha Bahree — 2019-05-27T15:43:53Z

Fears of a censored internet are rising, as the government cites fake news and unlawful content in blocking internet access.

The article by Megha Bahree was published in Top10 VPN on May 21, 2019. Gurshabad Grover was quoted.

In 2017, Faakirah Suraiya Irfan, a lawyer and mental health counselor in the northern Indian state of Kashmir, was online with a patient when the internet went down. In the restive state the government frequently, and without any warning, shuts down the internet, so it was not an unusual occurrence. But for Irfan, who was employed by women’s career networking platform Sheroes to offer online counseling services to its members, the interruption couldn’t have come at a worse time. She was in the midst of talking a patient out of suicidal thoughts.

“At that point when you lose the network, you just lose the person,” said Irfan. “I’m talking, and I’m in a flow and trying to get them to open up but then in the middle of that the internet is shut down.”

Irfan quit her job after a year because “the work was through the internet and [owing to the frequent network shutdowns] it just wasn’t working.”

Internet, interrupted

In the last couple of years India has seen a phenomenal increase in the number of people coming online thanks to an explosion of cheap data and affordable smartphones. With more than 500 million people online, it has the second largest number of internet users in the world, after China.

But that growth has been accompanied by the usual sins of abuse, including a rise in online trolls and the spread of fake news. New Delhi has responded with a heavy hand. It has implemented internet shutdowns, banned apps and blocked hundreds of websites. Unsurprisingly, all of this has led to increasing fears of censorship in the world’s largest democracy.

India leads the world in the number of internet shutdowns, with over 100 reported incidents in 2018 alone, according to the latest Freedom On The Net report. The study tracks internet freedom in 65 countries, covering 87 percent of the world’s internet users, and addresses internet access, freedom of expression, and privacy issues. The report followed events between June 2017 and May 2018 and India came in as “partly free” with a score of 43 out of 100.

“There’s a censorship process underway in India,” said Apar Gupta, a lawyer and executive director of Internet Freedom Foundation (IFF), an organization that works to defend net neutrality, freedom and privacy. “There’s a complete lack of transparency on what’s being done, why and who’s doing this.”

Shutdown throughout elections

India has just concluded the world’s largest general election with over 900 million people eligible to vote. But ongoing internet shutdowns prevented many people from accessing information as they prepared to cast their ballot.

Over the voting period of April 11 to May 19, the states of Rajasthan, West Bengal and Kashmir reported mobile internet shutdowns. News agency UNI reported that in April, authorities in parts of north Kashmir suspended internet services of all cellular providers in the region as it went to poll. This came two days after a shutdown in another region in Kashmir. The Software Freedom Law Center (SFLC), a legal services organization that aims to protect digital freedom and which tracks internet shutdowns across the country, found there have been 30 shutdowns in the state so far this year, and 40 across the country.

“There’s a complete lack of transparency on what’s being done, why and who’s doing this.” – Apar Gupta

Shutdowns have a couple of provisions in law, says Gupta. One was passedin 2017 and empowers both the federal and the state government to suspend telecom services, and by extension, internet services. The other – which prohibits public gatherings – dates back to when the British ruled the country. The law was initially used to prevent Mohandas Karamchand Gandhi, the leader of India’s independence struggle, from organizing protest marches and now is regularly used to restrict internet access. The latter is more frequently used as it allows even local authorities to issue orders for shutdowns without a review process, says Mishi Choudhary, legal director of SFLC.

IFF’s Gupta says these shutdowns “disturb the constitutional protection for free expression.” He adds: “Such a disproportionate action beyond legal doctrine practically disrupts daily life to a severe degree and causes immense hardship. It provokes anxiety among families who talk to each, causes business losses and reduces the political freedom in a country.”

History of services suspended

In India, internet shutdowns began somewhere around 2012, picked up pace from 2015 and peaked in 2018. According to the New Delhi think tank Indian Council for Research on International Economic Relations, the internet was shut down for a total of 16,315 hours between 2012 and 2017, costing the economy approximately $3.04 billion.

Shutdowns can be partial—when a specific class of websites are blocked, like all internet messaging sites—or complete when the entire internet is cut off. Kashmir has the dubious honor of the highest number of shutdowns at 155 to date, according to the SFLC.

The longest shutdown in the country occurred in Kashmir in the summer of 2016 after a local rebel was killed that July. Mobile internet services were suspended for 133 days. While internet services on postpaid connections were restored by November, users with prepaid connections got their internet access back only in January 2017, nearly six months after they had been cut off.

The second longest suspension of internet services took place in Darjeeling in eastern India in June 2017 during a local secessionist agitation. Initially, just the mobile internet services were shut off but within a couple of days, the broadband services were cut off as well, according to SFLC’s tracker. Ultimately there were no internet services in Darjeeling for a total of one hundred days.

In both cases, it wasn’t clear who ordered the shutdown, as reflected in local media reports. Typically, shutdowns happen without any warning and in most cases the only explanation offered is that services were suspended “as a precautionary measure to maintain law and order”.

In a country where internet usage has risen dramatically in the last few years, the shutdowns have been “a blunt instrument to bring the digital economy to its knees and deprive the citizens the freedom to communicate,” says Choudhary.

In the summer of 2016, mobile internet in Kashmir was shut off for four months.

India’s data explosion

It was a new telecom entrant that drastically changed the dynamics of the country’s internet access, and brought vast numbers of people online.

In September 2016, Reliance Industries, which is owned by India’s richest man, Mukesh Ambani, launched 4G network Jio. The network allowed subscribers to use internet plans to make calls, send text messages or browse the internet, and it jump-started the business by offering its services for free initially. Once it started charging for data, its rates were incredibly cheap. A year later it offered low-cost 4G handsets for a refundable security deposit of $22. In 2018 it offered a 4G phone for a third of that price. The strategy helped it gain millions of users, and encouraged the transition from feature phones to smartphones, giving users easy access to the internet.

“The internet shutdowns are a blunt instrument to bring the digital economy to its knees.” – Mishi Choudhary

Rajakumari Dayamenti, a native of Sabantongba village in the north eastern state of Manipur, was one such user. Before Jio set up a cellphone tower in her village, Dayamenti plugged a 10-meter-long USB extension cord into a Huawei modem that she stuck on her rooftop, creating her own mini tower to get online.

Cheap data and the millions of new users also ensured the rise of apps, with entertainment becoming one of the biggest drivers. Users in the big Indian cities have flocked to the same apps as their peers across the globe, including Apple Music, Spotify, TikTok, YouTube, Facebook and WhatsApp. In the smaller cities, however, consumers have turned to more local and regional social networking apps like ShareChat and to apps that offer free content like Wynk, Gaana and Hotstar, Star India’s mobile and digital entertainment platform. For news, users turn to Facebook as well as UC News and Dailyhunt.

Disrupting daily life

Lateef Mushtaq, a native of Kashmir who is pursuing an undergraduate degree in technology in Delhi, has experienced internet disruptions countless times, he says. Mushtaq was on a two-week internship in Kashmir last July with state-owned telecom company BSNL to measure internet speeds in different areas when the internet was shut down. The company had to extend the internship to six weeks so he could complete the project.

More recently in February he was home and was scheduled to take an exam online when a suicide bomber blew up a convoy of vehicles carrying security personnel, killing at least 40 in an area called Pulwama. India blamed archenemy and the neighboring state of Pakistan, which denied the allegations.

In the midst of escalating tensions between the two nuclear armed neighbors, the internet speed in Mushtaq’s area was reduced to 2G. But he still had to take his exam, a frustrating experience as he found that the same page was being reloaded after he would submit his responses instead of moving forward to the next set of questions.

“I was submitting my answers, but it kept going back to the previous page,” he says. “I kept answering the same questions again and again.” Mushtaq couldn’t finish the paper and scored 63 percent on it. He says he could’ve done much better.

“In Delhi the internet is never shut down so when it happens to me now, I feel like I’m locked down in a single room without access to the world,” he says.

Finding any available network

While mobile phone services are disrupted frequently, the government occasionally spares the state-run BSNL as the armed forces also use this service. Mushtaq has in the past tried to get a BSNL broadband connection but without success. These connections are prized possessions and Kashmiri teenagers develop hacking skills early in an effort to ride on any broadband network when the government shuts their mobile services down.

“If we hear about a house with broadband, we try to crack the password,” admits Mushtaq. Networks that are secured on WiFi Protected Access (WPA) security standard are easy to crack and there are several apps on the Google play store that help with that, says Mushtaq.

When it’s just some sites or apps have been blocked, Mushtaq and his friends have turned to virtual private networks (VPNs) or proxy services to find a way around the blocks, he says.

Internet shutdowns have cost India’s economy approximately $3.04 billion

But during a complete shutdown none of these workarounds do the trick, as Musthtaq found last year. He had to drive to another part of Kashmir where the internet was still working to check his score for an important entrance exam. Once he got the signal on his phone, he pulled up and sat on the roadside waiting for the website to load.

Similarly, during the 100-day shutdown in Darjeeling, Nirmal Tamang drove his daughter on his motorcycle more than 40 miles to another city where the internet was working so she could fill forms online to apply for undergraduate studies.

Battling ‘unlawful’ content

Rumors or provocative messaging on social media and instant messaging platforms have often been cited as reasons to order internet restrictions.

One critical issue involved the spate of mob attacks in India in the past couple years, fueled by widely circulated messages such as reports of strangers abducting children.

According to an analysis by IndiaSpend, a data journalism website, between January 1, 2017, and July 5, 2018 33 people were killed and at least 99 injured in 69 reported cases of mobs attacking people they suspected were planning to abduct children. In all the cases, the charges turned out to be baseless, with 77 percent of the reports based on fake news that had spread through social media.

With at least 200 million users in India, WhatsApp was one of the mediums through which these rumors spread, and in the aftermath of the violence, came to be a poster child for fake news.

New Delhi responded by asking the platform to take responsibility for the messages circulating on it, stating: “Such a platform cannot evade accountability and responsibility especially when good technological inventions are abused by some miscreants who resort to provocative messages which lead to spread of violence.” It added, “WhatsApp must take immediate action to end this menace and ensure that their platform is not used for such mala fide activities.” (In response, last July WhatsApp introduced a limit in India on the number of times a user could forward a message to five. It has now imposed that limit on the rest of the world as well.)

Since then, the Indian government has proposed rules that would force internet companies to remove content from their platforms. In late December, it issued a draft policy of rules intended to curb the misuse of social media and stop the spreading of fake news.

Apar Gupta likens the government’s proposal to “Chinese style censorship that would weaken free expression”

Under the policy, the government has proposed an amendment to Section 79 of India’s IT Act, which would require internet companies to take down content deemed inappropriate by authorities. And if a company receives a complaint from a law enforcement agency, it would be required to trace and report it within 72 hours and to disable that user’s access within 24 hours. Should this amendment go through, it would effectively break the end-to-end encryption that secures user communications on platforms like WhatsApp.

Another recommendation in the draft policy says that internet companies will have to purge their platforms of “unlawful” content. However, the policy doesn’t clearly define what makes something “unlawful”, raising concerns that the clause could be easily abused by authorities to remove any content they wish.

Internet companies and privacy advocates say the new measures, if implemented, pose a threat to free speech and would encourage censorship.

It’s “plainly unconstitutional,” says Gurshabad Grover, policy officer at the Centre for Internet and Society, a nonprofit organization. “By mandating online platforms to detect and remove “unlawful content” through automation, the draft rules shift the burden of judging whether content is legal from the state to private organizations. They will only lead to a great chilling effect on speech, and a regime of online censorship regulated by private parties,” he says.

IFF’s Gupta likens the proposal to “Chinese style censorship that would weaken free expression standards” and his organization has asked for a complete rollback of the proposal.

Website censorship on the rise

Large-scale disruptions and intentional slowdowns are not the only tools employed by the government to exert control over the internet. Specific websites and apps are also sporadically blocked.

In April 2017, in the wake of massive student protests in Kashmir, the state government banned access to 22 social media apps including Facebook, WhatsApp, Twitter, Snapchat, Skype, Telegram and WeChat, for a month.

Two experts at the United Nations Human Rights Office of the High Commissioner said the restrictions had “a significantly disproportionate impact on the fundamental rights of everyone in Kashmir,” and that they “fail to meet the standards required under international human rights law to limit freedom of expression.”

Another crackdown targeted the country’s 827 porn websites. In India it is not illegal to watch porn privately and the country has the dubious honor of being the world’s third-biggest porn watching country. Unsurprisingly, the ban didn’t fully succeed.

Within days of the government order, Pornhub, one of the biggest adult content sites, had launched a mirror website for India with an altered web address. Other workarounds in use included VPN or proxy services such as hide.me, hidester, and whoer.net. As per a TorrentFreak report, the search for VPNs shot up in the days after the ban. Users also switched to different browsers such as Alibaba’s UC Browser or the Opera browser where the banned sites could still be accessed.

Privacy advocates say the government’s amends to internet policy, if implemented, would encourage censorship.

Most recently, an Indian court banned China’s Beijing Bytedance Technology Co.-owned music and video app TikTok which had been downloaded by nearly 300 million users in India.

The ban came on the heels of a handful of incidences—a 24-year-old man in the southern city of Chennai reportedly committed suicide on being harassed for posting videos of himself dressed as a woman. Soon after, a member of a local political party of Chennai’s home state of Tamil Nadu declared that the younger generation was hooked on TikTok and getting pushed onto the path of cultural degradation. In response, a state minister promised to seek the federal government’s help to ban the app.

A Tamil Nadu court then banned downloads of the app and forbade the media from showing videos from the app, stating: “The dangerous aspect is that inappropriate contents including language and pornography are being posted in the TikTok App. There is a possibility of children contacting strangers directly […] Without understanding the dangers involved in these kinds of Mobile Apps, it is unfortunate that our children are testing with these Apps.”

After TikTok responded that it was experiencing a daily financial loss of $500,000 and 250 jobs had been put at risk, the ban was eventually lifted, at which point the app’s downloads surged.

No reason for some blocks

However, not all website and app bans are justified, explained or commented upon by the government. In August 2018, for example, the country’s telecom minister informed parliament that since January 2016, the Department of Telecom had asked internet service providers to ban 11,045 websites, news agency Press Trust of India reported. Yet the minister didn’t offer any explanations on why these websites had been targeted.

One site that has been blocked on multiple occasions is the Internet Archive, also known as the Wayback Machine. In the past few months, other sites that have been banned include audio streaming site SoundCloud, encrypted messaging service Telegram, and graphic design website Behance, among others. According to IFF’s Gupta, the reasons for the blocks are not disclosed.

Internet service providers have become the de facto enforcers of the government’s digital concerns.

In January, IFF received several complaints from users that they couldn’t access Reddit. The IFF then invited users to fill an online form to share the list of sites and VPNs that they were unable to access. By late March it had received nearly 200 responses from across the country. Reddit frequently appeared, as did several other major platforms including Spotify, Alexa.com, SoundCloud, Telegram and several VPNs. The largest number of complaints came from those who were Reliance Jio customers, followed by Airtel.

An Airtel Spokesperson said that the company “supports an open internet and does not block any content on its network unless directed by the authorities/court in accordance with the applicable law.”

A Jio spokesperson declined to comment.

To save India’s open internet

Gupta calls these “core net neutrality violations,” as internet service providers are legally obliged to provide equal access to all internet content. This, he says, “ultimately results in a very different version of the internet from the global commons and allows the ISPs, even sometimes political interests, to become gatekeepers to access of information.”

While India has net neutrality rules in place – thanks to a massive campaign in 2015 called Save the Internet – the problem, says Gupta, is a lack of enforcement. “A policy fix is required to enforce net neutrality rules,” he says.

In March, IFF relaunched a campaign for an open internet, asking users to report net neutrality violations and sign a petition asking the Department of Telecom and the country’s telecom regulator to introduce a clear enforcement mechanism. Some of these efforts are showing signs of success already, says Gupta, as the regulator is considering issuing a consultation paper on enforcing net neutrality.

Internet service providers have become the de facto enforcers of the government’s digital concerns.

Kushal Das, an India-based member of the Tor Project and a developer at the Freedom of the Press Foundation, says telecom companies like Jio block all VPNs so they retain insights into users’ browsing preferences that can be useful for advertisers.

“If you use a VPN, Jio will not know your taste in food, et cetera,” says Das. But Tor software can bypass these blocks and the number of Tor users in India has shot up three times since October 2017 to roughly 60,000 now, says Das.

“We should be able to ask people in power why blockades are being implemented,” says Das.

Policy points to restrictions

However, the Narendra Modi-led government has been keen to bring in rules for greater control over data and the internet.

In February, the government proposed a draft national e-commerce policy that sees data as “a collective resource” or a “national asset” that the government holds in trust but which can be auctioned off, like a coal mine. The draft also cautioned that this belongs to Indians and cannot be extended to foreigners.

IFF’s Gupta says the fact that the very framework of its drafting has not been made sufficiently public is worrying. “It may all seem very dull and dry but … any platform changes, any changes to government policy in India will reflect in demand in Europe and America eventually,” he says, due the large internet user base in India.

For now, in the days after a general election, all these policy proposals are on hold and it’s not clear how soon a new government would turn its attention to internet policies.

The one thing that activists can take some relief in is the fact that the government has acknowledged at least some of the internet shutdowns in the country were implemented without sufficient cause. In December, the Department of Telecom, in response to a request for information filed by IFF, said that “frequent internet suspension orders were being issued by various State governments… even in situations where it is not warranted.” It added that it had asked all state governments to “sensitize concerned officials/agencies” against such actions.

It’s anyone’s guess how long that pause will last.

For more details visit https://cis-india.org/internet-governance/news/top-10-vpn-megha-bahree-may-21-2019-in-parts-of-india-internet-shutdowns-are-a-fact-of-life

Improving the Processes for Disclosing Security Vulnerabilities to Government Entities in India.pdf

karan — 2019-03-20T08:12:07Z

For more details visit https://cis-india.org/internet-governance/resources/Improving%20the%20Processes%20for%20Disclosing%20Security%20Vulnerabilities%20to%20Government%20Entities%20in%20India.pdf

Improving Telugu Village Articles

Pavan Santhosh — 2016-11-26T02:27:39Z

Telugu wikipedians on 6 October 2016 held a discussion on improving the quality of Telugu articles. The event was organized by IIIT, Hyderabad, CIS-A2K and OpenGeo.

A possible collaboration between Wikipedia and free and open source enthusiasts and environmental groups was explored at the meeting. Subodh Kulkarni and Pavan Santhosh made a presentation about Wikipedia. The participants were from different groups such as SOUL (Save Our Urban Lakes), OpenGeo.org (organization that works for open source mapping) and Sweccha (organization working to expand free software movement in Telangana and Andhra Pradesh).

Prof. Madhav Gadgil moderated a discussion on how these organizations could collaborate for different Wikimedia projects. The discussion primarily revolved around improving ongoing Telugu village articles.

Prof. Gadgil stressed on compiling articles using reliable and verifiable sources. He also urged the participants to upload geo-tagged photos to Commons especially photos of lakes of which the authorities have denied existence. The discussion also focused on the synergy between OpenGeo and Wikipedia.

Post-lunch, Prof. Gadgil delivered a lecture on “Human Knowledge: An Evolutionary Perspective in IIT”. Prof. Gadgil explained that the next big leap in evolution of human knowledge is free knowledge in which everyone can contribute and utilize which was Wikipedia. He urged the scholars and students to contribute to Wikipedia which is the future for knowledge society.

Telugu and English wikipedians including Vinay, Lubna Sarwath, Undavalli Ravikumar, Raju and many more participated in the event.

For more details visit https://cis-india.org/a2k/blogs/improving-telugu-village-articles

Imagining the Internet – A History and Forecast

radha — 2011-04-02T14:26:36Z

Workshop: A Rights-Based Framework - Open Standards - A report on the workshop by Senior segment producer, Janna Anderson - IGF 2009 – Egypt – Sharm El Sheikh (Nov 15th, 2009)

Workshop description:

This workshop tackled the open-standards issues being faced now and those that are likely to be encountered in the

future by governments, consumers and the public. It addressed portability and interoperability, which affect everything from personal identities to communications protocols, documents, multimedia, databases and hardware.

Workshop participants included:

Tim Berners-Lee, founder of the World Wide Web Consortium, Web Foundation; Steve Mutkoski, director of standards and interoperability for Microsoft; Rishab Ghosh, Open Source Initiative board member, program leader of FLOSS (Free/Libre and
Open-Source Software) UNU-MERIT, The Netherlands; Renu Budhiraja, director of E-Governance Group in the government of India's Department of Information Technology; Sunil Abraham, director of policy for the Centre for Internet and Society, Bangalore, India.

November 15, 2009 - The public's right to knowledge generated by their governments was a key focus of this discussion of standards and interoperability, kicked off with an opening statement by World Wide Web inventor Tim Berners-Lee. "This year, in 2009, I have been asking governments to put their information online," he said, referring to a talk he gave earlier in the year at TED (the annual Technology, Entertainment, Design conference). He said citizens deserve to have access to the valuable data being produced by and for their governments.

Berners-Lee was busy on Day One of IGF 2009. He had spoken at an earlier session on the mobile Internet, and he later delivered an opening keynote at which he whipped out his smartphone and said he was going online to Twitter to officially announce the creation of the World Wide Web Foundation.

Many democratic governments have begun to publish much more detailed and complete sets of public data online over the past year. It has been one of the hallmarks of the first year of the Obama Administration in the U.S.

Renu Budhiraja, director of e-Governance in the government of India's Department of Information Technology, was enthusiastic about her government's work to share knowledge.

"National policy should be based on open standards," she said, urging that all government services should be equally accessible. "Objectives are to take a holistic view, avoid duplication of effort, build solutions that are scalable and make them replicable. The ideal is to provide a window to government for citizens to make it available in an open, accessible way."

"We must consider citizens' rights when we consider open standards," said Sunil Abraham, director of policy for the Centre for Internet and Society, Bangalore, India. He was critical of proprietary software and hardware, saying they constrain access and the rights of citizens to access information. Abraham founded Mahiti, which aims to reduce the cost and complexity of information and communication technology for the non-profit organizations and the voluntary sector by using free software. He said that in many developing countries people are not able to shift to use of free software because of practical barriers of
politics and economics tied to intellectual property rules.

Steve Mutkoski, director of standards and interoperability for Microsoft, said improving the process of making government data transparent and accessible is complex, and it goes beyond challenging the royalties charged by IP owners. "Technical aspects are a very small part of the issue," he said, ticking off examples of typical difficulties originating in political and legal realms. "The bigger issues include the 'file cabinet mentality' of governments, and then there are the problems with legacy software and hardware."

Mutkoski said applications and devices for which standards have already been established also suffer from a lack of interoperability in implementation. "There are gaps in standards, ambiguities," he said. "Not every standard comes fully baked and ready to go. Looking back at WiFi, that certainly wasn't the case." He said he has studied the processes behind the establishment of thousands of standards, and his work has shown that the best standards are produced in a transparent ongoing process in which they are allowed to evolve as needed.

Mutkoski noted that there many tough issues still to be addressed in the reform of public-information systems. "It's a better approach to focus on the broader architectural framework," he said, suggesting governments go back to square one to consider information delivery that is people-centered. "The focus should be on citizen-centric government. What if they want to use Twitter, what if they want to use Facebook to access their information? Those are things we are going to have to take into account."

Rishab Ghosh, program leader of FLOSS (Free/Libre and Open-Source Software) at UNU-MERIT, said intellectual property laws and monopolies impact interoperability and standards and thus they impact access to knowledge. He talked enthusiastically about the smart-card system developed by the Indian government, noting it "will save billions of dollars," and adding that with interoperability there are cost savings as well. He noted that intellectual property regulations can interfere
with the delivery of information.

"Information technology is now so universal that even the poorest subsistence farmer is impacted, because the Internet is driving and providing a basis for everything that goes on today," he said. "We are all being impacted by Internet standards. Imagine if you to go a city office in Cairo or Sharm El Sheikh and you want to register the birth of your baby or your marriage or something like that, and there's a parking lot there and the government says your car has to be a Ford or you can't
park there. This sort of thing would never happen in other realms of technology or procurement - if it does, it is seen as corrupt practice, but in software it happens all the time. Software has a tendency toward natural monpolies, and there is also a tendency to focus on the engineering of it rather than the social effects. The choices made in the technology has an impact on millions or billions of people today... We should ensure the citizens shouldn't have to buy software from anyone
in particular to be able to get access to that data."

IGF 2009 - Main Session: Emerging Issues: Social Networks

praskrishna — 2011-04-02T13:46:50Z

Current laws don't seem to scale well to handle Web 2.0 issues

Session description: Discussion was centered on the development of social media (social networks, user-generated content sites, micro-blogging, collaboration tools, etc.) in order to explore whether these developments require to new or modified policy approaches. Key issues explored include privacy and data protection, rules applicable to user-generated content and copyrighted material, and freedom of expression and illegal content. The session also addressed the importance of the “terms of service” of large platforms, how they are developed and their relationship with emerging business models that are based on behavioral analysis.

Participants in the discussion included: Sunil Abraham, director of policy, Centre for Internet and Society, Bangalore; Rebecca MacKinnon, co-founder of the Global Network Initiative; Grace Bomu, manager, Kenya-Heartstrings and Fanartics Theatre Company, Kenya; Sergio Suiama, prosecutor, State of São Paulo, Brazil; Rachel O'Connell, VP of people networks and chief safety officer, Bebo.

November 18, 2009 - Sunil Abraham, an Internet policy expert from Bangalore, was a key panelist in this session who introduced the primary concerns tied to social networks today.

"I'm going to raise nine emerging issues about social media," he began, "and I categorize them into four categories: Intellectual property rights, morality laundering, the hegemony of the connected and the hegemony of text."

He noted that intellectual property law is completely outdated and cannot be applied in today's communications environment, saying it is "irrelevant." He added, "To take some examples, the right of the consumer to review, the right of the consumer to privacy, the right of the entrepreneur or enthusiast to make interoperable, complementary or competing products. All these rights used to be protected under the right to reverse-engineer. Issue 2 under IPR: On some corporate-mediated social media platforms, copyright takedown notices from one political party are acted on much more swiftly when compared to similar takedown notices from an opposing party. Issue 3, under IPR: Some rights holders, and in particular news organizations, use copyright takedown notices selectively to purge social media Web sites of content that opposes their editorial viewpoint. Issue 4 under intellectual property rights: The increased use of automated enforcement of copyright by rights holders is seriously undermining freedom of expression on the Internet, as in the case of the baby dancing to Prince's 'Let's Go Crazy.'"

He explained "morality laundering" - saying that, like policy laundering, it is "trying to impose a globally homogenized morality regime." He cited the example of breast-feeding photos on a social network being deleted because they were considered obscene. "Breast-feeding, I may remind you, is still a public activity in many southern countries," he said. "Photographs of public life on a beach in a country where nudism is the norm becomes child pornography in another country."

He said that religious traditions can sometime be reduced to a monoculture on community-managed social media platforms that "depend on editors to determine the truth," adding "That is because upper-crust and upper-class populations have greater access to the Internet. Literate communities will try to maintain their hegemony on the Internet. Community-managed social media platforms that depend on textual citation often ignore the knowledge of the oral communities of the global south."

Session moderator Simon Davies, director of Privacy International, asked Abraham if automated enforcement of social network policies should be outlawed. "I don't think it is possible for us to completely take out machine involvement in moderating content online," Abraham said, "whether it is from a freedom-of-speech perspective or a hate-speech perspective or from an intellectual-property-rights perspective. But I think the process has to become more transparent, so that the public will know what happened and why it happened and that there is due process and the possibility of appeal."

Davies had kicked off the session with a plea that participants try to think ahead in this discussion of social networks. "Our role today in this panel is to look to the future, and our mentors at the UN and at IGF have urged me to motivate, as much as possible, an imagining of the future," he said. "Our role, as we can see on the program, is to look at social networks and social spaces such as micro-blogging and Web 2.0, as we move through to the next - what are the issues that we're likely to confront. So our two goals, if I can suggest a focus, is: What have we brought out of this last few days that tells us something about the way the future will go? Particularly in terms of social interaction. And second, imagine that future."

Sergio Siuama, prosecutor for the State of São Paulo, Brazil, was asked to describe the privacy problem that developed there on Google's social network Orkut. "Social networks are the fourth most popular online activity, ahead of personal e-mail," he said. "Eighty percent of Brazilian Intenet users interact through social network sites. In Brazil as well in India and Pakistan, the most popular social networking service is Google's Orkut. More than 30% of Brazilian users access regularly use Orkut and about 25% of them are children and teenagers." He said many social networks accessed by people globally are transnational. "The most-accessed services in Brazil are provided by companies physically located in the United States," he said.

In 2005 Google set up a branch in São Paulo, but it was not enough to handle the business of 30 million users. Since 2004 Brazilian authorities have been receiving reports of cyberbullying, drug dealing, child pornogrphy and other human rights violations in Orkut's space. In 2006 the federal attorney's office started a collective lawsuit against Google. Google responded with a proactive plan. After two years of litigation, in July 2008, the parties settled on a collective agreement in which Google agreed, among other obligations, to comply with Brazilian legislation, to store traffic data for at least six months, to take down child-abuse images, to develop a proactive system of child-abuse images detection, removal and report to law enforcement, and to establish a customer-service office able to quickly respond to all users' complaints. Some of these obligations were adopted as standards for the whole of Latin America in a document - the memorandum of Montevideo.

Siuama raised several governance issues that arise from this case: Which criteria should be used to define the ability of a country to legislate over and sanction conducts committed on the Internet? Is it legitimate to enforce rules at a local company's office regarding a service operated from another country? What are the basic standards we should expect from ISPs to help cope with human rights violations on the Internet? Is any national law enforcement agency equipped to cope with crimes committed on social networking sites? Will it be necessary to ensure minimum levels of transparency and social accountability of networking services?

Panel member Rachel O'Connell, vice president of people networks and chief safety officer for Bebo, chaired the European Union's Safer Social Networking Cross-Industry Task Force - an effort by 18 social networking companies, including Facebook and Google, working with the European Commission and civil liberties, child welfare, law enforcement and parenting groups.

"We came up with seven principles that relate to education and ensuring that we have prominent and easily accessible safety messages and also addressing reporting abuse and providing people with the technologies and capabilities so they can use the Internet safely," she said. "We are doing a lot of filtering on the back end. We have moderation teams in place. We have very strong links with law enforcement. We look at the legal issues in each of the countries and the markets in which we operate and see how that ties up with being a US-based company. We're also aware of treaties like the multinational legal assistance treaty, in terms of working with law enforcement and investigators."

O'Connell said the industry has probably not been clear enough about how these procedures are implemented. She expects that the principles set out by the task force will make things more clear. "The number of signatories was 18 and now it's up to 23, and part of my role is to encourage companies to become signatories," she said. "It means you need to self-declare how you have implemented the principles and each of the substantive recommendations. These self-declarations are being reviewed by independent researchers, and their report will be released to coincide with Safer Internet Day in February."

She added that U.S. attorneys general have asked social networking companies to begin being more transparent and accountable. "Facebook has an internal auditor to ensure that they are meeting the requirements outlined by the attorneys general, and similarly MySpace has an agreement, so there is an incredible amount of work going on," she said. "That said, there is still a log of work to do, as there always will be. For example, AOL has been working closely with the National Center for Missing and Exploited Children and are diligent about working with law enforcement in other countries to ensure we can facilitate the investigative process. We also have a filtering process we run on the back end."

Grace Bomu, manager for Kenya-Heartstrings and Fanartics Theatre Company, Kenya, was on hand to talk about the positive influence of social networks. Her creative troupe uses them to do marketing, research and concept development. "From our Facebook page," she explained, "we're able to tell which issues the youth in Kenya are facing, and from those issues, we are able to develop a concept and sell our plays. On our Facebook page, people propose lines, other people propose they be actors, and this has really changed the way we do business. It's the actors who write the script, and our friends help us in writing the script.

"Another way the Internet helps us is using the mobile money payment systems. Our management uses a mobile phone to update the page, to make comments and so on. Friends came up with the idea that they could pay to attend plays using mobile money payment systems."

She said there are some negatives. Anonymous respondents and competitors write negative comments on the troupe's page, politicians sometimes try to use the page to advance their goals, "and we have had problem of balancing what some people call abusive language with what others say is artistic expression."

"We'd say that these tools have really helped news opening up culture, in growth of urban language and also in the contribution of topical issues," she concluded. "Tools are helping us to expand freedom of expression rather than caging it. So what we have done as a company is that we are coming up with - slowly, we are coming up with a code within us that we shall follow in balancing the competing interests."

Rebecca MacKinnon, Open Society Institute fellow and co-founder of the Global Network Initiative, noted that throughout the sessions of IGF-2009 people have been speaking out about the power of social networks as spaces where individual citizens can speak truth to power. "Spaces that help to make governments and other institutions more accountable to individuals," she said. "This is happening all over the world, across a range of political systems. But there are trends that are counteracting the potential of social networks to be a force that can truly help citizens participate in public life. This may be contributing to social networks acting as more opaque extensions of incumbent power in some situations, rather than as transparent conduits between citizens and institutions."

MacKinnon raised four key points. The first is the level of liability governments place on social networking services in regard to user-generated content.

While it is part of the groundrules for IGF that participants are encouraged to avoid singling out people or nations when meting out criticism, it was clear that she was referring to China when she said, "In some jurisdictions, international social networking sites end up being blocked because the sovereign government is not happy with some of the content being posted on the sites. And in some of those jurisdictions, what then ends up happening is that a robust set of domestic social networking sites evolve. And the social networking sites that are hosted domestically are held liable for all the content that their users are posting on the site. And so in order to comply with government requirements and the particular government's definition of what constitutes legal speech, these social networking sites end up having to develop large departments of people whose job it is to police content. international social networking sites that want to act - want to operate in certain jurisdictions have to make a choice, either to be blocked to users in that country because users may post things that the local government objects to, or agree to develop a locally hosted site in the local language which would then be subject to greater local jurisdiction and agree to police it. And there have been some cases where certain - and I have again been asked not to name and shame - but where certain companies have chosen to host locally and comply with government requests for political censorship in that regard. And so this is one challenge that social networking companies around the world are facing, is how to deal with this."

Other points she outlined were:

- Social network users are often not allowed to be anonymous. "There's at least one country where now anybody who uses a social networking site or Web service over a certain size has to register with their national ID number," she explained, "and many human rights groups have expressed concerns about some users who have been traced for political speech. At least one international social networking service decided to disable the local uploading of videos and comments onto its service, so people in that country have to use the international version of the service rather than the local service - so that this particular social networking site would not be in the position of handing people over for speech that might arguably be political."

- Administrators of social networking sites will sometimes perceive that something is going against the terms of service when the content has a much different intent. "There are political activists from a range of countries who found their Facebook accounts frozen because their pattern of activity resembled spamming," she said, "and this had an impact on their ability to conduct political activities. And there have been situations where activists in various countries post images of abuse by authorities against citizens and these are quite graphic and are deemed to be against terms of service. And the people concerned feel that 'if these sites do not let me speak truth to power, then were can I go?' So that's another sort of human-rights issue."

- A new multistakeholder group, the Global Network Initiative, is being co-founded by MacKinnon and others to protect and advance freedom of expression and privacy in ICTs. "Our approach recognizes that a lot of these issues are difficult to legislate for because they involve very nuanced contextual situations that differ greatly," she said. "Companies do feel there is a need to have some kind of assistance in doing the right thing. How can social networks fulfill their potential and serve their users so they feel they can use these services without becoming victims of oppression in various ways? The Global Network Initiative combines companies who have signed on as well as human rights groups, socially responsible investment funds and some academics to help companies proactively figure out how to anticipate free-expression issues in order to avoid problems and assist in making choices about how to structure businesses."

Pavan Duggal spoke from the floor of the session about the formation of a dynamic coalition on social networks, which came together after a session on legal issues and social media earlier in the day. "These issues not only relate to data protection and privacy," he said. "They also relate to the issue of jurisdiction and ownership, storage, retention and transmission of user-generated content. Do we have the right to be anonymous? Do we have a right to oblivion? Can there be a right to delete in the context of social media? Is there a right of purging children-generated content? Can there be a right to forget and to forgive in the context of information? We also discussed how the deadly cocktail mix of social media and cloud computing is venturing us into a wild, wild west as far as jurisprudential rules and principles are concerned. Which country, what data, which server, which law would apply, which would be effective remedy, which would be the relevant court and how would the ultimate adjudication be done?"

He said it is expected that national governments will try to legislate in this area. "While the Internet has made geography history, the fact still remains that national governments will try to legislate," he said. "It is time that respective stakeholders must come together, not just the players, the users, but also the industry, the government, the lawmakers, law enforcement."

For the UN video, click here

For the UN transcript, click here

For the original article, click here

For more details visit https://cis-india.org/news/emerging-issues-social-networks

If MNCs make early inroads, they will keep market share: Sunil Abraham, CIS

praskrishna — 2014-10-24T15:03:03Z

The article by J. Anand was published in the Financial Express on October 23, 2014. Sunil Abraham gave his inputs.

The recent visits of the high-profile CEOs of internet/technology companies have made it clear that India, with its 200-million internet users, is increasingly becoming important for the multinational corporations (MNCs). Bangalore-based Centre for Internet and Society (CIS) is a bit skeptical and feels some of these companies are trying to influence the internet policy-making of the country. Sunil Abraham, executive director of CIS, talks to FE’s Anand J regarding the government’s use of social media, the regulations and the plan for a Digital India. Edited excerpts:

We see a heightened interest in India from technology/internet companies, with their top CEOs visiting the country. What do you think is the reason?

In India, with little domestic competition, if these companies make early inroads, they will be able to keep the market share. The other reason is, the Indian government has made several proposals such as data localisation, mandatory data routing and so on, which have been demonised by the West as something that will balkanise the internet. Because India represents a big market, companies might be indulging in some amount of tokenism in the form of data centres. This is to show the government that they are willing to listen and lead the conversation to an agenda item that they are comfortable with and block some of the more dramatic proposals. The third reason could be that internet penetration might grow dramatically in the country and if the policy levers are moved appropriately, it will grow even more.

What is your stand on the government proposals?

In some ways, I agree with MNCs that some of the government proposals could break the architecture of internet. But then there are other proposals that are completely kosher. The domestic routing of an email if it travels within India is good as it will be difficult for the NSA to intercept then. From an internet design perspective, more fibre is good.

Data localisation though will result in balkanisation and might not yield desirable results. For instance, if you are watching a YouTube video, all the information about the user is stored by Google and all of that is stored outside the country. They might store some of this information as cache in a Google server temporarily. From a surveillance perspective, this user data called metadata is what the NSA might want. Even when it is collected in a local server, it might still be sent upstream.

What about the Indian government doing surveillance then?

There are different views on the surveillance capabilities of the Indian government. Some think that today the Indian government has the capability of engaging in mass surveillance. Others like me think that it can only do targeted surveillance and not mass surveillance. It does not have the infrastructure to pull that off and if it is doing targeted surveillance, it is mostly in compliance with the local laws.

Is the increasing use of social media by the government for its communication with citizens a concern?

If the government uses this private infrastructure to communicate with its citizens, there could be a variety of challenges and complications. First, all of these government communications must be mirrored on the government infrastructure as well. Otherwise, there is a concern around data retention. The government needs to have a copy in case a person goes to RTI for all the government communications to citizens. Secondly, the government is unwittingly becoming the salesperson for these global corporations.

Mark Zuckerberg has said that internet is a human right. Do you agree?

Internet is not a human right according to the UN. TV and Radio were never rights. All the basic human rights are to be protected irrespective of the communication medium of choice and will be legitimate even 100 years from now. The success of telecommunication and internet is market generated. If it becomes a human right, the companies are not delivering a service, but a human right and this complicates the issue. There will be new demands from citizens and litigations by citizens. If everybody demands 1GB every month, state does not have those resources.

India is a phone internet market. Indian internet is tied to Google now. Does the Android dominance — with a market share of around 90% — concern you?

It is hugely worrisome and yet another monopoly. It is not “free” software. From a privacy and national security perspective, it is a terrible development. Considering that it is based on Linux, there should have been several national and international competitors.

Has the era of hetergeneous internet with a million websites passed?

Internet is no longer decentralised; 80% of users’ time is now spent on a few products. And anywhere on internet, ad networks are tracking you. We ended up with the world’s biggest surveillance machine and surveillance is the business model of internet. It is very difficult to change this as we face the inertia of user behaviour.

What do you think of the government’s Digital India plan?

The government can use the billions from the Universal Service Obligation fund for broadband connectivity. The markets cannot handle back haul infrastructure and in most countries, some amount of state investment is necessary. Some of the open access details have to be worked out. The government seems to have a monopoly position in execution. We agree with the vision that every Indian should have a smartphone by 2019 and have a broadband connection too.

What are the regulations you want to see in place in India?

Internet users are currently overregulated with restrictions on what you can say. Let what is illegal offline be illegal online too. And government needs to think of enforceability.

The regulatory infrastructure for the government is limited. We want powerful companies to be regulated and follow global norms. The regulatory best practices are emerging from Europe in terms of competition, privacy, data protection, etc, and we need to follow them.

For more details visit https://cis-india.org/internet-governance/news/financial-express-october-23-2014-j-anand-if-mncs-make-early-inroads-they-will-keep-market-share

Ideology and ICT Policies

Shyam Ponappa — 2012-05-10T10:21:49Z

For better policies, decision-makers need to know their own and others’ biases, and consider what others are doing, writes Shyam Ponappa in an article published in the Business Standard on 4 November 2010.

Why do the same facts regarding people’s needs for ICT infrastructure give rise to different policies? Apart from problematic motivation such as malicious intent and opportunism, even well-intentioned policy-makers may prescribe entirely divergent solutions for a given situation. This is evident if one compares India’s broadband policies with those of most countries. There are at least two reasons for this: differing perceptions of the facts, and differences in underlying beliefs and assumptions, i.e. ideology, as distinct from objective data.

Consider the facts of India’s ICT space. In one sense, there has been spectacular success in the communications sector. One statistic cited as evidence is the phenomenal increase in mobile phone subscriptions (over 12 million in September 2010). Equally, to those who focus on aspects like the shortfall in services outside the big cities and towns, or the meagre broadband coverage and its inaccessibility in rural areas (i.e. in much of the country), the communications sector falls tragically short of its potential, and requires policy change.

In this time of India Rising interrupted by the Great Recession, there is a stark contrast between the orientation of our ICT policies and that of most other countries. One area is the extent of government intervention and spending on broadband development. Governments of most advanced economies have stepped in to dramatically improve their broadband networks and policies for user access. This is not only in the EU where, historically, the approach is that government acts to extend consumer welfare, but also in America, the UK and Australia, which are considered much more free-market-oriented in their approach, and in many countries in Asia, including China. Unlike in America since Reagan, regulatory intervention in Europe is part of more supportive policies at the national and local levels. But this time around, even America has embarked on a comprehensive Broadband Technology Opportunities Program, with the goals of providing access to users in unserved areas, improving access in underserved areas, supporting public interest schemes for broadband access, improving broadband use by public safety agencies, and stimulating demand for broadband, economic growth and jobs; there is also a separate Rural Utilities Service.*(Click for graph)

With regard to underlying assumptions and beliefs, an analysis on how economic doctrines affect policies by Robert D Atkinson of the Information Technology and Innovation Foundation offers a way to think through alternatives for better decisions.** His analysis is on ICT, although it can be applied to all sectors. To quote from his conclusion, for advocates and policy-makers, “differences over doctrine cause partisans to view facts differently and to focus on small segments of complex debates, leading to a breakdown of constructive dialog and much ‘talking past each other’.”

He summarises four ideologies or economic doctrines:

Conservative Neoclassical (CNC)
Liberal Neoclassical (LNC)
Neo-Keynesian (NK)

Innovation Economics, also called structuralist-evolutionary, neo-Schumpeterian, or evolutionary economics (IE)

While he describes differences in nuanced detail, the simplified abstractions rendered as a logic tree in the accompanying diagram (above) show how economic beliefs affect network policies.

CNCs are characterised as being less concerned with fairness, and less likely to expect market failures. Therefore, network and broadband markets in which governments do not intervene are considered to be competitive, and require no unbundling or price prescriptions. Their bias is for pure competition.

LNCs are more concerned with fairness, as are NKs and IEs. They accept that telecommunication markets are not competitive, and that there may be market failures. LNCs and NKs would use policy to increase competition in different ways. LNCs expect more competition to lead to increased consumer surpluses. LNCs favour regulated competition, viewing more competition as better. NKs want more competition through directed government subsidies, e.g. for municipal broadband or to small companies (which they consider less rapacious than large corporations).

IEs believe broadband markets have economies of scale, and that increased competition could result in excessive and redundant investments. They consider duplication of existing, expensive infrastructure as inefficient investment. IEs view communications infrastructure as a “general purpose technology” that drives economic activity, innovation and productivity. Therefore, they advocate policies that invest in higher-speed broadband, and in extending network services to more people, favouring a national broadband policy. The US National Broadband Plan defines broadband as a “Transformative General Purpose Technology”, and most countries practise IE. Irrespective of their economic philosophies, most countries have embarked on an aggressive broadband plan.

In comparison, India’s approach does not fit any of these categories. There are no policy incentives for broadband, and actions like the spectrum auctions this year indicate a focus on collecting government revenues rather than on facilitating communication services. Whereas the OECD countries and other Asian economies are working on network resource-sharing schemes, India seems to have previous-generation preoccupations: revenue-collection-for-the-government, increasing competition per se, or abstruse technology considerations, such as loading the most traffic on every unit of commercially available spectrum, instead of maximising the economic benefits from it. Costs and benefits in the public interest are apparently ignored.

BSNL, MTNL and DD have networks that, if they could be channelled with the right mix of policies and private enterprise, could be part of the overall backbone infrastructure for open network operations, as is being done by a consortium in Singapore. If our policy-makers understand their biases as well as those of others, they could adapt beneficial policies from other countries, as demonstrated by many countries with different philosophies converging on improving broadband.

* “Broadband Stimulus Policy in Europe and the US: A Comparative Review”, Dariusz Adamski, Berkman Center for Internet and Society, Harvard Law School: http://www.nyls.edu/user_files/1/3/4/30/84/187/245/Adamski,%20SPRING%202009,%2018%20MEDIA%20L.%20&%20POL%E2%80%99Y.pdf

** “Network Policy & Economic Doctrines”, Robert D Atkinson, The Information Technology & Innovation Foundation, October 2010: http://www.itif.org/files/2010-network-policy.pdf

Read the original in Business Standard

For more details visit https://cis-india.org/telecom/blog/ideology-and-ict

Identifying Aspects of Privacy in Islamic Law

Vidushi Marda and Bhairav Acharya — 2015-01-01T14:04:44Z

This white paper seeks to identify aspects of privacy in Islamic Law and demonstrate that the notion of privacy was recognized and protected in traditional Islamic law.

I. Introduction

The nuances of privacy have been deliberated by numerous scholars till date, without arriving at a definite answer. It has been perceived as a right to be left alone, as mere secrecy, as the right to a legitimate area of seclusion and solitude. Privacy is a particularly nebulous concept, with a tendency of resting on intuitionist arguments. However, finding refuge in intuitionist arguments has not lent to a clear understanding of the term itself. This presents a peculiar predicament; while privacy is demanded, nobody seems to have a clear understanding of what it truly means. Daniel Solove opines that privacy is a concept in disarray, it is about everything and hence it seems to be about nothing. Solove finds agreement in a variety of literature, where privacy has been described as a "chameleon-like word", a term suffering from an "embarrassment of meanings", a "powerful rhetorical battle cry".

Traditional notions such as bodily privacy, privacy within one's home, or privacy resulting out of private property are received with far less scepticism than more recent aspects of privacy. With the burgeoning increase in information exchange, the ambit of privacy concerns is widened but not always understood. While earlier notions of privacy confined themselves to physical intrusions, it is now possible to invade a person's privacy without physically intruding on their space. As capabilities to intrude on privacy increase, the demand for respecting privacy grows stronger. In their historic article, Warren and Brandeis referred to privacy as an incorporeal notion, referring to cases of defamation, proprietary harms, contractual harms, breach of confidence to conclude that all such cases belonged to an umbrella principle of the right to privacy.

I.II Aspects of Privacy

William Prosser, a torts scholar, in 1860 attempted to classify privacy comprehensively. He contemplated four kinds of activities as impinging on a person's privacy. They were
1. Intrusion upon the plaintiff's seclusion or solitude, or into his private affairs.
2. Public disclosure of embarrassing private facts about the plaintiff.
3. Publicity which places the plaintiff in a false light in the public eye.
4. Appropriation, for the defendant's advantage, of the plaintiff's name or likeness.
While this classification lent some structure to the understanding of privacy, it restricted itself to only tort law.

A wider taxonomy was offered by Daniel Solove, imbibing concerns of digital privacy and information technology. Focussing on activities that invade privacy, Solove argued that information collection, aggregation of information, dissemination of such aggregated information and invasion into people's private affairs are the aspects integral to understanding the privacy concerns of a data subject.

In its policy paper on privacy in India, the Data Security Council of India (DSCI) recognised privacy issues in the context of e-commerce, transactional privacy, cyber crime, national security, and cross border data flows. Similarly the Department of Personnel and Training (DoPT) in 2011 focussed on understanding privacy in the context of data protection and surveillance. Subsequently, in 2012, the Planning Commission of India set up the A.P. Shah Committee to look into issues of data protection. This Committee classified the dimensions of privacy into four main categories; interception and access, audio and video recording, access and use of personal identifiers, and bodily and genetic material.

The classification of privacy for the purpose of this paper is under the heads of bodily privacy, informational and communications privacy, and territorial and locational privacy. Bodily privacy stems from the notion of personal autonomy and inviolate personality. Battery, rape, voyeurism are all examples of the recognition of the need to protect the privacy of one's body. Communications and informational privacy refers to the protection of sensitive personal information, specific communications and private conversations. Interception of messages, spying, hacking or tapping phone lines are all activities that impinge on privacy under this head. India's ambitious biometric project, Aadhar, has brought to the fore concerns surrounding personal information. Territorial privacy is developed from the notion of private property, the tort of trespass being ample recognition of the same.

I.III Is India a Private Nation?

In October, 2010, the government published an approach paper for legislation on privacy. In explaining the need for privacy legislation in India, the paper states,

"India is not a particularly private nation. Personal information is often shared freely and without thinking twice. Public life is organized without much thought to safeguarding personal data. In fact, the public dissemination of personal information has over time, become a way of demonstrating the transparent functioning of the government."

The notion of privacy being a foreign construct carves the argument that legislation on privacy would mean subjecting India to an alien cultural value. However, this ignores the possibility of privacy being culturally subjective. Cultures have exhibited different measurements by which they measure public and private realms. This paper aims to demonstrate that while the word "privacy" does not find explicit reference in traditional Indian law, the essence of privacy as we understand it today has existed in traditional Indian culture, specifically Indian Islamic culture, pre-dating colonialism in India and modernity in India's legal system.

I.IV Displacement of traditional Indian Law

Contemporary Indian law functions within a rubric that was constructed after the "expropriation" of traditional law. India's colonial legacy rendered the displacement of traditional Indian law with a unified modern legal system abounding in European ideas of modernity and legal systems, leaving it is a state of "fractured modernity". Before the British rule, Indians were governed by their personal laws and these laws did not aim to unify the nation in ways that Western legal systems did.. The decision to establish a modern legal system stemmed from the desire to administer the law as a function of the state, which would have been impractical at best in the absence of a unified legal system.

Edward Said eloquently states that the colonial experience does not end when the last European flag comes down or when the last white policeman leaves. One cannot help but agree with Said, as the understanding of law in contemporary India is constructed on the principles of the English common law and on ideas of a modern legal system. While the word "privacy" does not arise in traditional law, this paper argues that the notions of privacy as we perceive it today did exist hitherto the modernization of India's legal system.

I.V Structure of the paper

While Part I has laid down the foundation of this paper and the arguments it endeavours to make, Part II explains the sources of Islamic law and attempts at locating privacy in them. It also explains certain pervasive concepts that will enhance an understanding of privacy in Islamic law. This paper restricts itself to Sunni Islamic law. Part III gives an indication of privacy rights in India's neighbouring Islamic countries (both predominantly Sunni), Pakistan and Bangladesh; and highlights the legal framework for privacy in these countries.

II. Privacy in Islamic Law

II.I Sources of Islamic Law

Before locating aspects of privacy in Islamic Law, an understanding of its structure and sources will be helpful. Islamic Law is composed of Shariah, and fiqh. Shariah indicates the path a faithful Muslim must undertake to attain guidance in the present world and deliverance to the next. Fiqh, the jurisprudence of Islam, refers to the rational understanding of Shariah and human reasoning to appreciate the practical implications of Islam. While Shariah is divine revelation, fiqh is the human inference of Shariah.

The principle tenet of Islam is unwavering obedience to the teachings of God. According to Muslim belief, the Quran is the divine communication from Allah to the Prophet of Islam. It is the foremost record of the word of God, and for this reason is considered the apex source of Islamic law. It is in the Quran that basic norms of Shariah are found, and it embodies the exact words of God as was revealed to the Prophet over a period of 23 years. Fiqh, or the understanding of Shariah, also finds its origins in the holy Quran.

The Sunnah or Prophetic traditions are the ingredients for the model behaviour of a Muslim as demonstrated by the Prophet. It is a "way, course, rule, mode, or manner, of acting or conduct of life." The Sunnah were compiled through the communications of Prophet Muhammad in the form of Hadiths which are communications, stories or conversations; and may be religious or secular; historical or recent. The narrators of the Hadith are known as "isnad" who convey the "matn" or the substance of the Prophet's actions or words as narrated through oral communications through the years. Due to its very nature, the accuracy of the Sunnah came under considerable scrutiny, with concerns as to its possible fabrication and dilution. However, with a well devised system of recording and verifying sources, the Sunnah accompanies the imperative source of Islamic law, the Quran.

The other sources of Islam are found in human reasoning, or ijtihad. Ijtihad assumes a variety of secondary sources such as analogical reasoning (Qiyas), unanimous consensus (Ijma), decisions in favour of public interest (isthihsan), and presumption of continuity (istishab).
Ijtihad entails a resilient effort; an exertion in interpreting the primary sources in order to understand Shariah, to infer the law which is not explicit or evident. The legitimacy of Ijma is found in the Prophetic tradition, which states that the followers of Islam would never agree on an error, and will never unite on misguidance.

The Quran and Sunnah lie at the pinnacle of Islamic jurisprudence and their authoritativeness lends a ready inference of legal principles derived from them. In exploring the concept of Privacy in Islamic Law, this paper will focus mainly on the material available in the Quran and Sunnah.

II.II The Public and Private in Islam

According to the doctrine of Shariah, every aspect of life is deemed to be private unless shown otherwise. The public sphere is that in which governmental authority operates, making it both transparent and open to scrutiny and observation. Since its inception, Islam has considered the idea of governance with reasonable scepticism, ascribing to the view that there is no concept of a human ruler beyond reproach. This perhaps gave impetus to the idea of a private sphere as one that is inhabited exclusively by an individual and the divine, excluding any interference of the State; except with permission from religious law. In Islamic belief, a pious individual had submitted himself to God, and not the worldly State. Hence, all aspects of his life will align with the tenets of Islamic law and in pursuance with the will of God. Any failure to perform religious duties on the part of a Muslim is beyond the scope of another; it is only a consideration between him and the divine. It is believed that the Prophet said, "Those, who acknowledge God in words, and not at heart, do not find fault with their fellow Muslims. The wrongdoing of those who do so become the subject of God's scrutiny, and when God looks into someone's wrongdoing then all shall be truly exposed" The individual is bestowed with complete freedom of action in the private sphere, subject only to the will of the divine. To govern another is wholly beyond the capacity of any individual, and this forms a pervasive theme in Islamic jurisprudence.

Islamic Law recognizes that it is inevitable for every society to impose certain requirements on individuals both by the law and by societal norms. In respect of a public domain, Islam prescribes an amalgam of requirements of a Muslim community and the teachings of Islam. While committing sins in private is beyond the scope of public or governmental scrutiny, committing a sin in public amounts to a crime, meriting worldly punishment.

Islamic law provides for an individual's obligations to the divine at all times, and to the state in matters within the public domain. This is the most striking difference between Islamic law and modern law, as the function of enforcement of the law and punishment are forfeited to the state in a modern legal system, by virtue of the social contract. However, in Islamic societies, the concept of social contract does not exist. Instead, an individual's obligations lie to the state only if acts meriting worldly punishment occur in the public sphere. It is this distinction in the obligations of individuals that leads to conflicts between the application of Islamic law and modern law.

The Quran is replete with rules for all believers to ordain good and forbid evil (al-amrbi al-Ma'rufwa al-nahy 'an al-munkar'). This divine injunction is a restriction of freedom in the private sphere. The notion of privacy in the public sphere was tested through the office of the muhtasib, or compliance officer. These officers were appointed to ensure that the quality of life is preserved in Islamic societies. Personal or private matters which were visible in the public realm were liable to scrutiny from the muhtasib as well. However, this does not extend to matters such as surveillance and spying even on the authority of the state. The Prophet, according to the hadith of Amir Mu'awiyah remarked, " If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin." In fact, modern jurists admonish the idea of surveillance as "exactly what Islam has called as the root cause of mischief in politics."

II.III. Privacy in Islamic Law

Bodily Privacy

The sanctity of one's bodily privacy is well recognised in Islamic Law. The Quran (24:58) demarcates certain periods in a day which are times of privacy for an individual, and indicates the need for prior permission before one may enter the private sphere of another. These periods are before the prayer at dawn, during the afternoon where one rests, and after the night prayer. This verse also calls upon children who have not yet reached the age of puberty to get accustomed to asking for permission before entering rooms apart from their own.

As far as bodily seizure of individuals accused of crimes goes, the Traditions indicate a general disinclination towards pre-adjudication restraint of individuals. The very occurrence of it appears to be a cause of discomfort as recorded in the Traditions. One of the Prophet's closest companions, Umar, is believed to have encourages officials to speed up adjudication processes so that the accused could not be deprived of the comfort of their homes and families.

bodily privacy and modesty

Although the Quran stipulates gender equality, the norms of bodily privacy and modesty applicable to men are far less rigorous than the rules of modesty that apply to women. While staring is not contemplated as a crime in modern jurisdictions, the Quran directs "believing men to lower their gaze and be modest." At the same time, it directs women to adhere to strict rules of clothing and conduct, with directions on how to conduct oneself both in private as well as public. Interestingly, with the use of full-body scanners at airports around the world, the bodily privacy of Muslims came to the forefront with several Muslim scholars opining that such use of scanners was in direct violation of the tenets of Islam. According to the Quran, the modesty of a Muslim woman is an indication of her faith.

Communication and Informational Privacy

Privacy is, in many ways, inextricably linked to the notions of personal autonomy, and inviolate personality. Privacy in matters apart from those concerned with proprietary interests was only developed as a legal idea around the ninth century, although the Quran made ample references to it. Whilst the term "privacy" is not directly alluded to in the Quran, it contains verses emphasizing the importance of respecting personal autonomy. The Quran (49:12) rebukes those who wish to pry into matters which do not concern them, or harbour suspicions in respect of others, conceding that some suspicions can even be considered crimes. This implies an injunction against investigation; which complements the prohibition of circulation of information pertaining to an individual's private sphere (24:19). According to this verse, publication of immorality is desirous of punishment. A reasonable conclusion from the reading of these verses is that the Quran mandates respect for the private sphere, guaranteeing that a faithful believer will not violate it. The Prophet is reported to have said that non interference of individuals in matters that do not concern them is a sign of their good faith. Interestingly, the injunction against unwarranted search is for all members of a Muslim community, not just followers of Islam. An extension of the concept of informational privacy is the privacy of one's opinion, which is believed to be beyond reproach regardless of its contents. Deeds in the public sphere can be subject to worldly punishment, but thoughts and opinions everywhere, are not subject to it.

The Sunnah have also emphasized on privacy in communications. The Prophet once said, "He, who looks into a letter belonging to his brother, looks into the Hellfire" , indicating that private communications shall enjoy their privacy even in the public domain. This is evident from another saying of the Prophet,"Private encounters result in entrustment", which entails a restriction on communications arising out of private meetings.

Territorial Privacy

Domestic privacy is considered an important facet of Islamic life and this idea pervades different aspects of Shariah. Privacy in regard to proprietary interests was in fact the first legal conception of privacy recognised by Muslim jurists. The Quran (24:27-8) forbids entering another's house in lieu of permission to do the same. It seeks to ensure that a person visiting another's house is welcome in that house; reminding individuals of their rights during such visits. Further, the Quran (2:189) envisions visits made to other's houses only through the front door, indicating respect and transparency in visiting another's dwelling place. Muslim scholars are of the opinion that such rules were laid down in order to safeguard one's private sphere; to allow people to modify their behaviour to accommodate a visitor in a private domain. Clarifying the reasons for such rules, a jurist offered the following explanation, "The first greeting is for the residents to hear the visitor, the second is for the residents to be cautious( fa-ya khudhu hidhrahum),and the third is for them to either welcome the visitor or send him away."

Privacy in the domestic sphere extends to both physical privacy as well as intangible privacy. The Prophet opined that if one's gaze has entered into a private home before his body does, permission to enter the home would be redundant. This follows from the idea that if a person curiously peeps into another's home, it is equivalent to him entering it himself. The right to privacy is extended to absolve the home owner of any guilt in the event of attack on the intruder. Curiously, the right to privacy within one's home is extended to privacy in respect of sinful behaviour within his private sphere; the accountability of a Muslim to his fellow humans is only to be discerned in respect of his public actions. This is illustrated by an interesting story in the Hadith of Umar ibn al-Khattab. Khattab climbed the wall of a house on the suspicion of wine being consumed within the premises. On his suspicion being confirmed, he chided them for their conduct. They then reminded him that while he pointed out their sins, he himself was guilty of three sins; spying on them, failing to greet them and also not approaching their house through the front door. He agreed with them and walked away.

The rationale behind recognising privacy in the domestic sphere is not just illegal intrusion into one's physical space; it is also intrusion into matters of sensitivity which widens the scope for privacy in Islamic Law.

III Privacy in Shariah Based States

Locating aspects of privacy is Shariah-based states is particularly challenging due to the duality of obligations that exists in their legal framework. While Islamic law focuses on obligations of individuals to the divine in all affairs and the state only in public matters, legal obligations in modern states are understood vis-à-vis the state only. The incorporation of Islam into these modern legal systems represents the attempt at reconciling two distinct sources of law. This Part will consider the legal frameworks for privacy in Pakistan and Bangladesh.

III.I Pakistan

Islamic law has had a profound impact on the legal system of Pakistan. This Islamic Republic integrates Shariah law into its common law system, as is evident from Article 227(1) of the 1973 Constitution of Pakistan ("the 1973 Constitution"). It reads, " All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunction". In addition to the Constitutional safeguards, General Zia-ul-Haq, between 1977 and 1988 provided great impetus to Pakistan's process of incorporating Islam into its common law system through the establishment of appellate religious courts and also enactment of the Hudood criminal law, which was consequently criticized for being discriminatory and arbitrary.

Constitutional Provisions

Enshrined in the 1973 Constitution is the fundamental right of persons not to be subject to any action detrimental to the life, liberty, body, reputation or property. While referring to the rights of individuals, Article 4(1) lays down, "To enjoy the protection of law and to be treated in accordance with law in the inalienable right of every citizen. Wherever he may be, and of every other person for the time being within Pakistan." While aspects of privacy can be read into this Article quite emphatically, the 1973 Constitution explicitly recognises the right to privacy, dignity and the inviolability of persons in Article 14(1),"The dignity of man, subject to law, the privacy of home, shall be inviolable". The sanctity of these rights is vigorously upheld as laws inconsistent with fundamental rights are declared to be void to the extent of their inconsistency.

Bodily Privacy

The 1973 Constitution recognises the fundamental right of persons not to be subject to any action detrimental to the life, liberty, body, reputation or property. The Pakistan Penal Code (Act XLV of 1860) refers to the protection of privacy of women in Section 509, upholding the modesty of women.

Communications and Informational Privacy

The Pakistan Telecommunication (Re-organisation) Act 1996 enables investigating authorities under the Act to take cognizance of illegalities in communications. These authorities submit their reports to the courts, ensuring the accountability of such events, as well as legitimising search and seizure in pursuance of intercepted communications. The Act also makes arrangements for authorised interception of communications in cases of national security, although the wide and sweeping powers bestowed under this Section are a cause for concern. Moreover, any person causing annoyance to another through a telephone is liable to criminal punishment under the Telegraph Act, 1885.

Medicaland Financial information is recognised as a unit of privacy in the legal system of Pakistan. The delicate balance between transparency of government action and extent of privacy of information is struck in the Freedom of Information Ordinance, which exempts divulging information regarding personal privacy of individuals, private documents and financial privacy.

As far as digital privacy is concerned, the law in Pakistan is still at a nascent stage. In 2000, Pakistan implemented the National Information Technology Policy and Action Plan, which provided for confidentiality of transactional information. In 2002, an Electronic Transactions Ordinance was passed with a view to recognise and protect electronic transactions, setting up a framework within which privacy of information can be guaranteed and authenticity can be verified. There is no devoted law on data protection yet, although a Draft Electronic Data Protection Bill was published by the Ministry of Information in 2005.

Territorial and Locational Privacy

Akin to notions of privacy of the home in Islamic law, criminal trespass is a punishable offence under the Pakistan Penal Code. Pakistan has an unfortunately intimate relationship with terrorism. The Anti Terrorism Act of 1997 incorporates some provisions which raise concerns as to the sanctity of individual privacy. The Act allows an officer of police, armed forces or civil armed forces to enter and search any premise, and to seize any property they suspect to be connected to a terrorist act, without a warrant. Perhaps what is more worrying is that the entry of an officer is not subject to review, unlike in other Islamic countries like the United Arab Emirates. The trade off between personal liberties and national security is acutely felt in Pakistan, with intelligence agencies carrying on mass surveillance, without any legal framework providing for the same.

III.II Privacy in Bangladesh

Bangladesh identifies itself as a secular nation, although Islam is the state religion. The Constitution of Bangladesh uses the word privacy in the context of both territorial and communications privacy.

Bodily Privacy

The Bangladesh Penal Code, similar to Pakistan's, contains a section guaranteeing the bodily privacy of a woman and prohibiting any form of outraging her modesty. It criminalises assault, and also provides for private defence in case of assault.

Communications Privacy

The privacy of communications is subject to interception for the purpose of public safety, as envisaged in the Telegraph Act, 1885. It also contains provisions regarding unlawful interception of messages, as well as tampering or damaging communications. The Telecommunications (Amendment) Act 2006 gives the police sweeping powers to intercept mobile communications as well. However, a notice was issued to the government after this amendment to demonstrate its legality. Bangladesh also has the Right to Information Act, 2009 to promote transparency in governance, although it has a considerable number of agencies exempt from the Act as well. Provisions for cyber crime are enshrined in the Information and Communication Technology Act, 2006.

Territorial Privacy

In the context of territorial privacy, the Bangladesh Penal Code recognises criminal trespass, house trespass, lurking house trespass and house breaking as offences under Bangladeshi law.

IV. Conclusion

Privacy is a comprehensive term that entails a plethora of claims, making an exact definition of the term difficult to come by. In the absence of an explicit reference to privacy in the Indian Constitution, the Supreme Court has brought the right to privacy within the penumbra of Article 21 through various case laws. In 2010, the Government in its approach paper on privacy claimed that India is not a particularly private nation. In order to comprehensively understand India's modern legal framework, it is imperative to analyze the concepts of traditional law as they existed hitherto the colonial era. Although the term "privacy" is a modern construct, this paper has sought to demonstrate that the notion of privacy was well recognized and protected in traditional Islamic law.

From the discussion above, it is evident that the concept of privacy in Shariah law rests convincingly within the taxonomy adopted in this paper. The Quran and Hadith accommodate concerns surrounding private property, personal autonomy, protection of private communications, domestic life, modesty and the modern idea of surveillance. In addition to this, Islamic jurisprudence ascribes to the idea of a public and private sphere. The public sphere is occupied by society and governmental action, being liable to scrutiny and observation. On the other hand, the private sphere is occupied by the individual and the divine alone, free from any interference except in accordance with Shariah law. Inspite of the term "privacy" not finding explicit mention in the Quran or Hadith, a closer analysis of Shariah reveals privacy as a pervasive theme in Islamic jurisprudence.

Daniel Solove, A Taxonomy of Privacy, Vol. 154, No.3 University of Pennsylvania Law Journal, 477 (2006).

Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 Harvard Law Review 193, 193 (1890).

Richard A. Posner, Privacy, Surveillance and the Law, Vol. 75 No. 1 The University of Chicago Law Review 245, 245 (2008).

Blanca Rodríguez Ruiz, Privacy in Telecommunications: A European and an American Approach 39 (1st ed. 1997).

James Q. Whitman, The Two Western Cultures of Privacy : Dignity versus Liberty, 113 Yale Law Journal 1152, 1153 (2004).

Whitman, supra note 5, at 1153.

Solove, supra note 1, at 479.

Ibid. Referencing Lillian r. BeVier, Information About Individuals in the Hands of Government: Some Reflections on Mechanisms for Privacy Protection, 4 WM. & MARY BILL RTS. J. 455, 458 (1995) .

Ibid. Referencing KIM LANE SCHEPPELE, LEGAL SECRETS 184-85 (1988).

Ibid. Referencing 1 J. THOMAS MCCARTHY, THE RIGHTS OF PUBLICITY AND PRIVACY § 5.59 (2d ed. 2005).

Solove, supra note 1, at 560.

Samuel D. Warren & Louis D. Brandeis, supra note 2, at 193.

William L Prosser, Privacy, 48 California Law Review 383,389 (1960).

Solove, supra note 1, at 488.

Data Security Council of India, Policy Paper: Privacy in India. Available at https://www.dsci.in/sites/default/files/Policy%20Paper%20-%20Privacy%20in%20India.pdf.

Department of Personnel and Training, (DoPT) Approach Paper for a Legislation on Privacy. Report available at http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/aproach_paper.pdf.

Justice Ajit.P.Shah Committee, Report of the Group of Experts on Privacy, 60. Available at - http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf.

Bhairav Acharya, at http://freespeechhub.thehoot.org/freetracker/storynew.php?storyid=565&sectionId=10.

DoPT, Approach Paper. supra note 16.

Whitman, supra note 5, at 1154.

Chandran Kukathas, Cultural Privacy, Vol. 91, No. 1 The Monist 68, 69 (2008).

Marc Galanter, Displacement of Traditional Law in Modern India, Vol XXIV, No. 4 Journal of Social Issues 65, 67 (1968).

Stuart Corbridge & John Harriss, Reinventing India: Liberalization, Hindu Nationalism and Popular Democracy 238 (Reprint, 2006).

Galanter, supra note 22, at 66.

Ibid. at 67.

Edward Said, Representing the Colonized: Anthropology's Interlocutors, Vol. 15 No.2 Critical Inquiry 205, 207 (1989).

Mohammad Hashim Kamali, Shari'ah Law, An Introduction 19 (2009)

M Mustafa Al Azami, Studies in Hadith Methodology and Literature 7 (2002).

Id. at 3.

NJ Coulson, A History of Islamic Law 22 (1964)

Kamali, supra note 27, at 19.

Sunan Ibn Majah , Book of Tribulations (Kitab al-Fitan) , #3950, available at http://sunnah.com/ibnmajah/36.

Mohsen Kadivar, An Introduction to the Private and Public Debate in Islam, Vol.70 , No. 3 Social Research 659, 663 (2003).

Lara Aryani, Privacy Rights in Shariah and Shariah-based States, Vol. 3, Iss.2, Journal of Islamic State Practices in International Law, 3 (2007)

Kadivar, supra note 33, at 664.

Ibid. at 665.

Ibid. at 667. Referencing Koleini, Mohammad. Al-Kaafi. Qom, Vol. 2: 353 1388.

Ibid. at 671.

Ibid. at 664.

Social Contract Theory of John Locke(1932-1704) in the Contemporary World , SelectedWorks of Daudi Mwita, Nyamaka (2011) Available at http://works.bepress.com/cgi/viewcontent.cgi?article=1009&context=dmnyamaka.

Kadivar, supra note 33, at 664.

Ibid. at 673.

Abul a'la Mawdudi, Human Rights in Islam 24 (1995). Also available online, at http://books.google.co.in/books?id=RUJWdCOmmxoC&printsec=frontcover#v=onepage&q&f=false.

Aryani, supra note 34, at 13.

This indicates Sura 24 : verse 58.

Holy Quran, 24:58 - O you who have believed, let those whom your right hands possess and those who have not [yet] reached puberty among you ask permission of you [before entering] at three times: before the dawn prayer and when you put aside your clothing [for rest] at noon and after the night prayer. [These are] three times of privacy for you. There is no blame upon you nor upon them beyond these [periods], for they continually circulate among you - some of you, among others. Thus does Allah make clear to you the verses; and Allah is Knowing and Wise. (Translation from Sahih International available at http://quran.com/24/58)

Reza Sadiq, Islam's Fourth Amendment : Search and Seizure in Islamic Doctrine and Muslim Practice, Vol. 40 Georgetown Journal of International Law 703, 730 (2008 - 2009).

Ibid. at 733. Referencing IBRAHIM ABDULLA AL-MARZOUQI, Human Rights in Islamic Law 392 (2000).

Rohen Peterson, The Emperor's New Scanner :Muslim Women at the Intersection of the First Amendment and Full Body Scanners, 22 Hastings Women's Law Journal 339, 343 (2011).

Holy Quran, 24:30 - Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do. (Translation from Sahih International available at http://quran.com/24/30-31).

Holy Quran, 24:31- And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed. (Translation from Sahih Internation, available at http://quran.com/24/30-31).

David Garner, Muslims warned not to go through airport body scanners because they violate Islamic rules on nudity, The daily mail, (Feb 12, 2010). http://www.dailymail.co.uk/news/article-1250616/Muslims-warned-airport-body-scanners-violate-Islamic-rules-nudity.html#ixzz3KF8hS6q3 .

Holy Quran, 33:59 - O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful. (Translation from Sahih International, available at http://quran.com/33/59.)

Eli Alshech, "Do Not Enter Houses Other than Your Own": The Evolution of the Notion of a Private Domestic Sphere in Early Sunnī Islamic Thought Vol. 11, No. 3, Islamic Law and Society 291, 304 (2004).

Holy Quran, 49:12 - O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah ; indeed, Allah is Accepting of repentance and Merciful. ( Translation from Sahih International, available at http://quran.com/49/12)

Holy Quran, 24:19 - Indeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows and you do not know. ( Translation from Sahih International, available at http://quran.com/24/19)

Kadivar, supra note 33, at 666.

Ahmad Atif Ahmad, Islam Modernity violence and everyday life 176 (1^st ed. 2009)

Kadivar, supra note 33, at 667.

Ibid , at 178.

Ibid.

Alshech, supra note 54, at 291.

Holy Quran, 24:27-8 - O you who have believed, do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded. And if you do not find anyone therein, do not enter them until permission has been given you. And if it is said to you, "Go back," then go back; it is purer for you. And Allah is Knowing of what you do. ( Translation from Sahih International, available at http://quran.com/24)

Holy Quran, 2:189 - They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people and for Hajj." And it is not righteousness to enter houses from the back, but righteousness is [in] one who fears Allah. And enter houses from their doors. And fear Allah that you may succeed. (Translation from Sahih International, available at http://quran.com/2)

Alshech, supra note 54, at 308.

Ibid. at 306. Referencing Ibn Abi Hatim, 8 TAF5IRAL-QUR'ANAL-'ADHIM 2566 (Makiabat Nlilr Mustaffi 1999).

Ahmad, supra note 58, at 177.

Alshech, supra note 54, at 324.

Aryani, supra note 34, at 4. Also see Ahmad, supra note 24, at 178.

Alshech, supra note 54, at 310.

Kadivar, supra note 33, at 664.

Moeen Cheema, Beyond Beliefs: Deconstructing the Dominant Narratives of the Islamization of Pakistan's Law, 60 American Journal of Comparative Law 875 (2012).

The Constitution of the Islamic Republic of Pakistan, 1973. Available at http://www.na.gov.pk/publications/constitution.pdf.

Cheema, supra note 72, at 879.

The Constitution of the Islamic Republic of Pakistan, 1973, supra note 73.

Ibid.

Ibid. Article 8 - "(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the right so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void

Ibid. Article 4(2)(a) - "no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."

Section 509, Pakistan Penal Code (Act XLV of 1860), Available at http://www.oecd.org/site/adboecdanti-corruptioninitiative/46816797.pdf.

Section 32, Pakistan Telecommunication (Re-Organisation) Act, 1996. Available at http://www.pta.gov.pk/media/pta_act_140508.pdf.

Ibid. Section 54.

Section 25-D, Pakistan Telegraph Act, 1885. Available at http://www.fia.gov.pk/law/Offences/26.pdf.

Section 12, Pakistan Medical and Dental Council Code of Ethics. Available at http://www.pmdc.org.pk/LinkClick.aspx?fileticket=v5WmQYMvhz4%3D&tabid=292&mid=845.

http://www.sbp.org.pk/publications/prudential/ordinance_62.pdf

Section 8, Freedom of Information Ordinance, 2002. Available at http://infopak.gov.pk/Downloads/Ordenances/Freedom_of_%20Information_Ordinance2002.pdf.

Pakistan IT Policy and Action Plan, available at http://www.unapcict.org/ecohub/resources/pakistan-information-technology-policy.

Electronic Transactions Ordinance, available at http://www.pakistanlaw.com/eto.pdf.

For a more detailed account, see http://www.supremecourt.gov.pk/ijc/articles/10/1.pdf. Second draft available at http://media.mofo.com/docs/mofoprivacy/PAKISTAN%20Draft%20Law%202nd%20Revision%20.pdf.

Sections 441 - 462, Pakistan Penal Code (XLV of 1860) Chapter XVII, "Offences against Property".

Section 5, Anti Terrorism Act, 1997. Available at http://www.fia.gov.pk/law/ata1997.pdf.

Ibid. Section 10.

Lara Aryani, supra note 34, at 21.

Julhas Alam, Bangladesh moves to retain Islam as state religion, Cns News, http://cnsnews.com/news/article/bangladesh-moves-retain-islam-state-religion.

Article 43, Constitution of Bangladesh. Available at http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf.

Section 509, Bangladesh Penal Code,1860. Available at http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=11.

Ibid. Sections 351- 358.

Ibid . Section 100.

Section 5, Bangladesh Telegraph Act, 1885. Available at http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=55.

Ibid . Section 24.

Ibid. Section 25.

Bangladesh Penal Code, 1860. supra note 95. Section 441.

Ibid. Section 442.

Ibid. Section 443.

Ibid. Section 445.

See, Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295 : (1964) 1 SCR 332; Govind v. State of Madhya Pradesh, AIR 1975 SC 1378; Rajagopal v. State of Tamil Nadu, AIR 1995 SC 264; People's Union for Civil Liberties (PUCL) v. Union of India, AIR 1997 SC 568; X v. Hospital Z, AIR 1999 SC 495.

DoPT, Approach Paper. supra note 16.

For more details visit https://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law

IDAP Interview Series: Interview with Nirmita Narasimhan

nirmita — 2017-11-26T09:56:06Z

IDIA Disability Access Programme did an interview with Nirmita Narasimhan. This interview was conducted by Madhavi Singh and Anusha Reddy. The interview was transcribed by Veda Singh, IDIA intern and student at Jindal Global Law School.

Read the original published by IDIA Law here

Our interview in this series features Nirmita Narasimhan, a Policy Director with the Centre for Internet and Society. Nirmita did her LL.B. from Campus Law Centre, Delhi University in 2002. She also holds a Bachelor’s degree in German and a Ph.D. in Music. As a part of CIS she has done extensive work on web accessibility and was involved in drafting the Indian National Policy on Universal Electronic Accessibility. She has worked closely with different departments of the Government of India to bring accessibility into their policies and programmes.

In recognition of her path-breaking work in the field of digital accessibility, she has received numerous awards such as the National Award for Empowerment of Persons with Disabilities (2010), the NIVH (National Institute for the Visually Handicapped) Excellence Award (2011) and the NCPEDP-Emphasis Universal Design award in 2016. She played a key role in amending the Indian Copyright Act to incorporate exceptions for people with print disabilities and launched the widely acclaimed nationwide Right to Read campaigns.

Nirmita’s experience is not just limited to policy work – she is a widely published author and has assisted national and international bodies in the creation of several reports on promoting accessibility rights of people with disabilities.

This interview was conducted by Madhavi Singh and Anusha Reddy. The interview was transcribed by Veda Singh, IDIA intern and student at Jindal Global Law School. The interview has been lightly edited for clarity.

Could you please describe to us the exact nature of your disability?

I have something called Stargardt disease. For me it came when I was 9 or so. When I started, I could read with the help of a magnifying glass and I would enlarge things to read and now I completely rely on screen reading software.

Could you please describe to us the reasonable accommodation provided by your school and college, if any?

In school nothing! I used to read and write using a magnifying glass –reading was a bit of a struggle. My handwriting was really bad and people didn’t understand it. I never asked for anything. Only for my Board exams I had asked for a writer because that’s something you really can’t risk.

Most schools use boards to teach. How did you manage?

No, it just depended on the individual teacher and maybe I was also very inhibited at that time in my life. I wouldn’t go up to the teacher and simply say “please read it out.” Consequently, I always regretted that I was not good at math, because it was always on the board. I managed back then with the help of my parents and sister.

You have a large number of educational qualifications to your name. You initially studied German and Carnatic music and only pursued law later. What factors influenced you in deciding to study law?

It may not be anything glamourous as really being passionate about it. But going back to German – I really liked the language, and more so due to the teaching methods because this was the first time I was out of a classroom setting into a setting where there were 10-12 students and the teachers were really good and used unconventional methods. They were accommodative about exams. The teacher could write exams for me or tell me what to do – it was not like a fixed system. Whenever a system came into play, inaccessibility also came into play. Whenever it was an individual, and usually somebody who was not heartless, it was pretty okay.

One time in an exam, they gave a printout, and I couldn’t read it. At that time, I wrote the one answer I could, left the rest of the question, gave the paper and walked out. When the results were declared, I got an A or A+! I was shocked. I went to the teacher and said “How can you do this to me?” He said “I know that had you been able to read it, you would’ve written because I see you every day in class. That was probably wrong of us and we should have ensured that you could’ve read the paper.” I think that was a unique experience. It happens to very few people and it certainly never happens very often in one’s lifetime, unless you’re extraordinarily lucky. But these kinds of experiences during my graduation really helped get a better sense of the world.

After that I started my M.A. When you’re trying to do translation you keep referring to a dictionary. Until my M.A., I used to keep enlarging a basic dictionary into such thick volumes that I couldn’t even carry them. I realised that this couldn’t go on all my life and beyond a point I could not expect my father or mother to read out, because they did not know German and would not always be with me. So, I thought that this is not going to work out and at that time I gave the law entrance exam.

As for music, I did my diploma while I was doing my B.A. I didn’t consciously take up music immediately after my B.A. because people thought that was the obvious career for me since I had a visual disability and that really irritated me. After having finished my law, somewhere along the way I thought that so what if music is the expected career for someone who is visually impaired, it’s just something I wanted to do.

My main motive was actually not to fall into things which people expect are easy. When I was joining law many people said “You shouldn’t join law, you won’t be able to refer to anything.” I got so annoyed and would say – “Listen it’s my life, if I’m going to live for 85 years and if I waste one year in between, I have no problems. So why does it bother you? I don’t mind failure, but at least let me try. If I can’t, I’ll leave it and go back to sociology or some other subjects.” So, that’s why I got into law, and I have no regrets. It was tough for multiple reasons.

Out of all your diverse educational courses (law, Carnatic music and German) with their varied teaching methodology and course work which field do you think was the most exclusionary of people with disabilities and which one was the most accommodative?

I think it depends on the institution. It’s not fair to compare Delhi University with JNU. JNU was more open and the teachers were creative in the ways they taught, recognising individual abilities. It was completely different from DU which had approximately 80 people in a class and typically the lecturer came, gave a lecture and left. I had a good experience in JNU, because it was not bound by systems and is generally a good place to study.

The Faculty for Music and Fine Arts at DU was also very accommodative, especially so because my Guru ensured that I got what I needed. However I found studying law to be really difficult – at that time I didn’t have any books. If I would go to the library, each and every book you pick up would be underlined with a pen. If you try to scan it – at that time the technology was very slow but even if I was ready to do that, if something is underlined the scan is obsolete. How much can one human being read out to you – a constitutional law book is of 300-1000 pages? You have to refer to so many books!

So, I couldn’t read any book, I didn’t know where to start. Then I was actually forced to rely on these dukkhis. I think the main reason they were useful is that they weren’t underlined, I could purchase them, tear them and scan them. By that time I had also been introduced to computers, and had bought an OCR having paid $1000 for it at that time. Even after that since the paper quality was not good I couldn’t read much.

I know this is probably an awful thing to say, and though I would’ve loved to have a more nuanced understanding of the law but it required me to read a lot which I was unable to do – not because I didn’t want to but because I just couldn’t.

You were an exceptional student – topper of your batch and a gold medalist. To what extent was your hunger for success fueled by your desire to demonstrate your capabilities and to not let your vision impairment become your defining characteristic?

Is my success driven by my desire to show the world? No. Even when I did law– forget showing other people, I just needed to do something “normal” or something that other people were doing – something that is a profession, that’s it. Everything else I did was not to prove anything. After a point, I didn’t really think much about having a disability it’s just a part of who you are. I just wanted to study well.

You have worked in the field of policy research, as a lawyer in a corporate law firm as well as in advocacy, how do you think these professions are different in terms of the obstacles they pose to lawyers with disabilities? Have there been any reasonable accommodation?

Policy research is my current work. The fact that I am currently using technology and my office is pro-accessibility shows that reasonable accommodation is provided here. I tried both courts and corporate law, they were never areas I wanted to be in permanently but I thought having studied law I should have some kind of exposure. At that point of time there were a number of documents, annexures, etc. and to file them you could always hire somebody, but it wasn’t something you could have done for yourself– this was around 2002. And in the corporate field, what I found difficult was working with track changes and deadlines. I was not very excited by the work to stick it out and really prove a point. I know some people that did. I think you need to be motivated enough to tackle the issue, I was not motivated enough by the people to conquer these issues and it didn’t excite me.

You started your career in law with Mr. Rungta. Could you kindly let us know your reasons for choosing to work for a blind lawyer?

I wanted to know how he worked. If you mean whether it was difficult getting into other law firms, yes it was. I did try to ask people in firms but they were completely not open to having me. One or two said that we could have a trial – without pay however, to which I asked if they were paying other juniors, and if so then I didn’t want to join. I worked with Mr. Rungta for a few months and then moved on.

This is a problem most students face wherein employers are apprehensive of hiring people with disabilities, so what advice would you give especially to the corporate field?

I think it is a really negative attitude – people see what you cannot do and not what you can do. And at some point everyone has certain skills, and you as an employer need to be discerning– it shows how smart you are whether you can identify how to tap into that person’s skill or not.

It’s not the time for people to be telling them what they cannot do. The students already know that tasks are difficult for them – they don’t need to hear it from their employers too. So, I think there is a huge issue there. It’s for them to figure out and work with the person to see how to make it happen. It can happen! It might not be exactly the same thing that you envisaged but something can be worked out.

I never came across an employer who was willing to do this. Believe me, I’ve gone from door to door after I finished my law degree and it was a very demotivating time. I feel that it is sad especially now with the kind of technology we have. Maybe at that time I could agree and understand their concerns that I wouldn’t be able to look up case law, but things are different now. Another problem is that the student does not know the range of the work there is, hence it becomes difficult to articulate what he/she wants/can do. I think it is important, even for institutions to ensure that they help place their students, in some of these big law firms, starting from internships.

If you had to tell employers why they should hire people with disability, what would it be?

Do not judge a person merely by virtue of whether he/ she has a disability. Be fair and give them a chance as well. There are many people who became great, just because they got a break. There is great value in making your work place more inclusive and diverse. One can evolve work arounds for most issues and technology has made many things possible.

As a Policy Director with the Centre for Internet and Society, you have done extensive work on web accessibility for persons with disabilities. Given that technology has been an enabler for persons with disabilities, do you believe that the government and society (technologists/businesses/start-ups) have a responsibility to design keeping accessibility in mind from the very beginning?

Definitely, there are no two ways about it. They should, but they aren’t doing it. The first policy on accessibility was in 2009 by the NIC and it continued to remain inaccessible. The second one in 2013 was the national electronic accessibility policy. However, even today many websites are not accessible. After that policy, so many government initiatives, some 700 mobile applications, etc. came up, of which most are inaccessible.

Now everything is on mobile apps, whether private or government, so we did a lot of studies on that and wrote about it. We put together a set of guidelines and submitted them to the government to look at– otherwise there’s really no point in Digital India or Inclusive India. Of course the situation is now vastly changed, the Rights of Persons with Disabilities Act was passed in December 2016 and now makes compliance with accessibility standards in different domains mandatory, hopefully this will now be a game changer. It is binding not only on the government, but on the private sector as well.

It is not just a question of ‘responsibility’ –the government’s responsibility to its citizens is also not just regarding disability but about inclusiveness and the kind of society you want to be. It is about being nice and fair not just because you are responsible. It’s how you want your society to evolve.

Very often I think the most accessible products benefit everyone in society. It’s not just a person with disability that is getting benefit out of it. Do you agree?

So a lot of accessibility features came up as just a market feature, for example – in the U.S., so many people read audiobooks, they just listen while they’re driving to their place of work. Another example – those squeaky shoes children wear could help a mother who is blind know where her child is moving. You can say subtitles are for deaf persons, but for a Telugu movie, people who cannot understand Telugu also can go watch it now. I think every accessibility feature has a use. So, for society and the government accessibility should be a universal goal.

For private players a lot of times when you speak to them about accessibility they’re clueless or they think it is an expensive process which requires special knowledge. Do you have anything to say to such private entities like Flipkart, or Ola?

I think they’re not recognising the situation. If there are 1.3 billion people that are disabled in the world, there are 150 million people in India that are disabled – they need to realise that it is a huge market out there. Blind people are using Uber and not Ola. If they made their application accessible their market would grow. For Ola, for example it’ll ask me to rate my previous drive, and it only gives the option of 3 star with a screen reader – I can’t increase or decrease it. Now if I keep giving 3 stars only, I won’t get a driver the next time (laughs)! Uber and Amazon, both are entirely accessible and they’re international brands. You should ensure that your service is accessible in the starting itself when it is not expensive. Later it becomes more expensive and difficult to do. Private entities really need to look more into their diversity and it shouldn’t just be something they do for CSR, it is good business. It’s a good contribution to society.

Recently, in a move to digitise the courts in India, Prime Minister Narendra Modi launched the integrated case management system of the Supreme Court. Given that this move could be a game changer for lawyers and litigants with disabilities, do you believe that accessibility of such platforms will be given foremost importance by the government? If not, what steps can we take to ensure that it is given importance?

The RPWD Act 2016 requires all legal services, documents etc. uploaded to be accessible. If this is not done, it would be a tragedy. Just like the case of the Digital Library of India which has over 5 lakh books, most of which are image files and inaccessible. The government should ensure that this mistake is never again replicated. The website and the documents should be accessible as per notified standards. When you’re uploading documents, sometimes you might need scanned versions in which case you must have an unofficial version or some alternative that is accessible. Even if it is for tracking new cases, or filing things through apps, it should all be accessible as per guidelines – that’s the bottom line. So, involve the experts right from the beginning.

You have worked on digitization of books and general accessibility of educational resources for persons with disabilities. What in your opinion is the most resource efficient solution to the book famine currently plaguing students with print disabilities?

Every time a publisher publishes a book, they should give an accessible PDF to the public library or they should give it to the Sugamya Pustakalaya, which is an accessible online library. They’re anyway creating a PDF, they can make it accessible. As we get more organisations to connect to the library and network, you can reach out to all the students who go to these organisations. Publishers should also consider creating and commercially selling accessible format books such as e-text and audio books.

Could you tell us about your experience so far, in interacting and working with different government departments as part of various projects? As a policy researcher and advocate with a focus on the rights of persons with disabilities, what are the biggest obstacles you face in effectively lobbying for a change?

I think the obstacles are similar to the issues that you face typically while working with the Government on any issue, not just accessibility. It’s about meeting the right person. If you’re interacting only with one person, then that person gets transferred or the other people don’t know about it. I think that they need to see accessibility as something which cuts across every issue, not just something for the disabled, and that’s not happening. One also comes across people who do not consider accessibility a priority issue.

A lot of students with disabilities in India, even after the completion of their education, are not in a position to compete with their able-bodied counterparts. They don’t possess soft skills like knowing how to spell correctly, socializing and corresponding with others and speaking correct English. How can this be addressed at a micro as well as macro level?

I think there is a need for more organisations who are trying to prepare candidates after their education to deal with a corporate situation. Otherwise you’re just suddenly taken and put in a place you don’t fully understand. People might be conscious about their English or other things. If not on the individual level, if corporates are hiring they may also consider seeking help from and supporting such organisations.

You should also have policies for accommodation of persons with disabilities. It is useful to have mentors, networks or groups where they can share experiences and exchange ideas on how they tackle different situations.

What can law colleges do to make the educational experience better for law students with disabilities?

I think starting with the college level or institutions –I feel what we learn there shapes our confidence and grasp of the subject – where it is important to ensure that at least the reading list is available as accessible digital copy. I wouldn’t even accept if they say “2 out of the 10 on the reading list are available and that’s enough for you”, if you’re giving the 10 options to other students to pick from, even these students should get such an opportunity. They must also ensure that the admission process/ entrance exam is accessible.

Just getting admission is not enough if institutions can’t provide the required resources. Once that first step is done, they should consciously have a committee of students and teachers who can help in the process of studying, getting internships, or talking on their behalf to firms or other organisations. They may also consider accessible exam practices suited to the needs of different students. There are several things that can be done, institutions should evolve processes and practices based on discussions with their students with disabilities.

For more details visit https://cis-india.org/accessibility/news/idap-interview-series-interview-x-with-nirmita-narasimhan

ICT Paper

praskrishna — 2016-07-30T10:46:47Z

For more details visit https://cis-india.org/internet-governance/files/ict-paper.pdf

ICT Opportunity for Disability-Inclusive Framework File

praskrishna — 2013-09-30T07:09:18Z

For more details visit https://cis-india.org/accessibility/blog/ict-disability-inclusive-framework.pdf

ICT Awareness Program for Myanmar Parliamentarians in Yangon

praskrishna — 2014-07-29T09:37:26Z

Myanmar ICT for Development Organization-MIDO conducted ICT policy training for multi- party parliamentarian representatives in Yangon on July 26 and 27, 2014. Sunil Abraham presented on Innovation Ecosystem and Thinking about Internet Regulation.

Sunil's Presentations

Schedule

Day 1	Topic	Resource Person
0930-1030	What is the significance of ICTs to legislators?	Rohan Samarajiva (RS)
1030-1115	Stories from the field: What do poor people do with ICTs?	Helani Galpaya (HG)
1115-1145	Break
1145-1245	Legislation, policies, plans, strategies, regulation	RS
1245-1330	Modalities of making and implementing ICT policy	RS and HG
1330-1430	Lunch	Videos
1430-1530	What is independent regulation? Why is it needed for sector growth	RS
1530-1600	Break
1600-1700	Panel discussion: How social media can be used in public life	Sunil Abraham (SA), RS & Charitha Herath (CH)
Day 2
930-1030	Regulation of online speech	Nay Phone Latt (NPL)
1030-1100	Break
1100-1200	How to think about Internet policy	SA; counterpoint by CH
1200-1300	Hope in the heart and money in the pocket: Results of effective policy	RS
1300-1400	Lunch	Videos

We plan to have simultaneous interpretation. There will be time for discussion within each session.

Brief descriptions of sessions

What is the significance of ICTs to legislators?

Rohan Samarajiva

This is the introduction, wherein we bring out the economic, social and political significance of ICTs. Why legislators should pay attention to the subject.

Stories from the field: What do poor people do with ICTs?

Helani Galpaya

Here we present the findings of how the poor use ICTs, using demand-side data (both quant and quality) from Myanmar and countries in similar circumstances.

Legislation, policies, plans, strategies, regulation

In this session, a former policy advisor/regulator will present a perspective on the important distinctions between legislation, policies, plans, strategies, and regulation.

Modalities of making and implementing ICT policy

RS and HG

Here we will delve into the practical details of making policy and of implementing policy, using examples.

What is independent regulation? Why is it needed for sector growth

Progress in electronic connectivity is the foundation that will reduce the frictions in the Myanmar economy, create jobs and exports and enable social, political and economic innovations. This requires massive investments, most of which will be private and most of which will come from outside the country. What legislators need to know about creating an environment that will attract and retain foreign investment in a globalized economy will be discussed.

How social media can be used in public life

Sunil Abraham, RS and Charitha Herath

In the panel discussion, SA will pose questions to a policy advisor who has used social media in a political campaign and a social media savvy current government official.

How to think about Internet policy

SA; counterpoint by CH

A leading advocate of enlightened Internet policy, Sunil Abraham of the Center for Internet and Society in Bangalore, India, will present his ideas, highlighting the international dimension of Internet policy. CH will share his perspectives as a serving government official.

Regulation of online speech

Nay Phone Latt

Here, Myanmar’s leading blogger and founder of MIDO will discuss the current concerns with legislation that seeks to control online speech.

Hope in the heart and money in the pocket: Results of effective policy

Results of effective policy implementation will be discussed with reference to specific country experiences.

Resource persons

Rohan Samarajiva, PhD, (program director) is founding Chair of LIRNEasia, an ICT policy and regulation think tank active across emerging Asian and Pacific economies. He was Team Leader at the Sri Lanka Ministry for Economic Reform, Science and Technology (2002-04) responsible for infrastructure reforms, including participation in the design of the USD 83 million e-Sri Lanka Initiative. He was Director General of Telecommunications in Sri Lanka (1998-99). In this capacity, he established the Telecom Regulatory Commission of Sri Lanka; conducted the first public hearing and public notice proceedings; successfully concluded a license-violation proceeding; and laid the foundation for a competitive market. He was also a founder director of the ICT Agency of Sri Lanka (2003-05), Honorary Professor at the University of Moratuwa in Sri Lanka (2003-04), Visiting Professor of Economics of Infrastructures at the Delft University of Technology in the Netherlands (2000-03) and Associate Professor of Communication and Public Policy at the Ohio State University in the US (1987-2000). Dr. Samarajiva was also Policy Advisor to the Ministry of Post and Telecom in Bangladesh (2007-09).

Sunil Abraham is the Executive Director of Bangalore based research organization, the Centre for Internet and Society. He founded Mahiti in 1998, a company committed to creating high impact technology and communications solutions. Today, Mahiti employs more than 50 engineers. Sunil continues to serve on the board. Sunil was elected an Ashoka fellow in 1999 to 'explore the democratic potential of the Internet' and was also granted a Sarai FLOSS fellowship in 2003. Between June 2004 and June 2007, Sunil also managed the International Open Source Network, a project of United Nations Development Programme's Asia-Pacific Development Information Programme serving 42 countries in the Asia-Pacific region.

Helani Galpaya is LIRNEasia’s Chief Executive Officer. Helani leads LIRNEasia’s 2012-2014 IDRC funded research on improving customer life cycle management practices in the delivery of electricity and e-government services using ICTs. She recently completed an assessment of how the poor in Bangladesh and Sri Lanka use telecenters to access government services. For UNCTAD and GTZ she authored a report on how government procurement practices can be used to promote a country’s ICT sector and for the World Bank/InfoDev Broadband Toolkit, a report on broadband strategies in Sri Lanka. She has been an invited speaker at various international forums on topics ranging from m-Government to ICT indicators to communicating research to policy makers. Prior to LIRNEasia, Helani worked at the ICT Agency of Sri Lanka, implementing the World-Bank funded e-Sri Lanka initiative. Prior to her return to Sri Lanka, she worked in the United States at Booz & Co., Marengo Research, Citibank, and Merrill Lynch. Helani holds a Masters in Technology and Policy from the Massachusetts Institute of Technology, and a Bachelor’s in Computer Science from Mount Holyoke College, USA.

Charitha Herath has served as Secretary, Ministry of Mass Media and Information in the Government of Sri Lanka since 2012. Prior to his present appointment, he was the Chairman of the Central Environment Authority. Currently on secondment for national services from his permanent academic position as a Senior Lecturer in the Department of Philosophy and Psychology at the University of Peradeniya in Sri Lanka, he continues to work on his academic research, specializing in governments and politics in Asia, ethnic studies, cultural psychology, social and political philosophy, with his main focus on political psychology. More detail at http://charithaherath.wordpress.com/about-2/

Nay Phone Latt is the Co-founder and Executive Director of Myanmar ICT Development Organization (MIDO). He graduated from Yangon Technological University with a civil engineering degree in 2004. He co-founded the Myanmar Blogger Society in 2007. Award winner of PEN Barbara Goldsmith Award and RFS’s Cyber Dissidents Award. Former Political Prisoner. CEC Member of Myanmar Journalists Association(MJA) Chief Editor of ThanLwinAinMat Online Magazine (www.thanlwin.com). Member of Board of Directors of House of Media & Entertainment (HOME).

For more details visit https://cis-india.org/news/ict-awareness-program-for-myanmar-parliamentarians-yangon

ICOMM2012: International Communications and Electronics Fair

jdine — 2012-12-04T06:37:05Z

The seventh India International Communications and Electronics Fair (ICOMM2012) organized by CMAI Association of India was held at the NSIC Expo Grounds in New Delhi from September 14 to 15, 2012. Jadine Lannon attended the event, and shares us with some interesting and exciting new developments in ICT.

For the last seven years, the ICOMM event has been conducted by the Communication Multimedia Applications Infrastructure (CMAI) Association of India.[1] Since its first installment in 2006, ICOMM has grown to be a significant international tradeshow that showcases the latest products and technologies from a wide array of Asian mobile, tablets and consumer electronics manufacturers. Over the years, the event has also grown to include various participants from related industries, like service providers, application and software designers, and producers of equipment, components, parts and accessories.

While past ICOMM events had a strict B2B (business to business) structure, ICOMM2012 was the first year that the tradeshow was open to the public, making it India’s first consumer mobile and tablet exhibition. This B2B/C2B strategy appeared to be largely successful—the event received a high amount of traffic, especially from young people, and plans for the 8th ICOMM in 2013 involve an increase in event scale through integration with the India Telecom 2013 tradeshow.[2]

The main themes of ICOMM2012 were mobiles, tablets, and consumer electronics, though applications, accessories, and various related technologies and industries were also featured. The event hosted a large diversity of participants, from leading Indian brands like Micromax, Lava International, Karbonn and Maxx Mobile to smaller Indian and international brands such as GlobyTalky, Skymobiles, Gionee, Ivio, Belphone and Signal. A huge array of devices and innovations were featured at ICOMM2012, many of which are still prototypes. Here are some of the innovations and booths that caught my eye:

	Datawind Ltd. occupied a popular booth with the release of four new 7-inch UbiSlate tablets[3] UbiSlate 7Ci, 7C+, 7Ri and 7R+. These sophisticated Android devices function as both tablets and smartphones, support WiFi and GPRS connections, and are the only Android devices on the Indian market to feature Datawind’sUbiSurfer browser. The UbiSlate 7+ devices can now be pre-ordered for between Rs. 3,499 and Rs. 4,799. I was able to interview Mr. Jasjit Singh, the Executive Vice President of Datawind, on the UbiSlate tablets. A link to this interview will be provided in the near future. ICOMM2012 actually saw the launch of fair number of new devices onto the Indian market. One of the most prominent launches was SMSInfosys’[4] new product line of mobile, tablet, and computer devices under the brand GlobyTalky.[5] This “GlobyTalky” brand originally began as a mobile application called “GlobyTalky – Connected Life”, a multi-platform RCSe application that boasts multiple communication and sharing features. The application, brand and devices are the brainchildren of Imtiaz Ahmed, the founder of SMSInfosys.

Datawind Ltd. occupied a popular booth with the release of four new 7-inch UbiSlate tablets[3] UbiSlate 7Ci, 7C+, 7Ri and 7R+. These sophisticated Android devices function as both tablets and smartphones, support WiFi and GPRS connections, and are the only Android devices on the Indian market to feature Datawind’sUbiSurfer browser. The UbiSlate 7+ devices can now be pre-ordered for between Rs. 3,499 and Rs. 4,799.

I was able to interview Mr. Jasjit Singh, the Executive Vice President of Datawind, on the UbiSlate tablets. A link to this interview will be provided in the near future.

ICOMM2012 actually saw the launch of fair number of new devices onto the Indian market. One of the most prominent launches was SMSInfosys’[4] new product line of mobile, tablet, and computer devices under the brand GlobyTalky.[5] This “GlobyTalky” brand originally began as a mobile application called “GlobyTalky – Connected Life”, a multi-platform RCSe application that boasts multiple communication and sharing features. The application, brand and devices are the brainchildren of Imtiaz Ahmed, the founder of SMSInfosys.

The GlobyTalky launch was distinguished by the wide array of devices that were released. The brand features a good selection of feature phones, smartphones and tablets, as well as two laptops (I was unable to get a picture of the laptops). Each of the GlobyTalky mobile and tablet devices feature the GlobyTalky – Connected Life application. Two phones are of particular interest in the photo below—the thin light blue phone with the long blue strap and the dark blue candy bar-style phone on the right.


The light blue phone is about the size of a credit card and 5.6 mm thick. It was advertised as a “back-up” phone that one could keep in their wallet and use when their main phone failed, and was priced at Rs. 1000-1200. The dark blue phone, called the G-Aqua, is completely waterproof—it can function perfectly while submerged in water, and can survive submersion of up to 1.5 meters without taking any damage. It can even receive calls, play music, and take pictures while underwater. It can be seen again in white in the picture below.


According to Mr. Ahmed, 60 per cent of the mobile devices that are brought into services centers in India have water damage, which is what motivated him to create a completely waterproof phone for the Indian market. He estimates that it will be priced between Rs. 4,200 and Rs. 4,500.

GlobyTalky was not the only participant that showcased a waterproof phone, though. IVIO, a mobile brand owned by the Indonesian company PT. Intersys, was also giving demonstrations on their waterproof smartphone, the DG68. With its sleek design, 4.1-inch high-resolution screen, 3G and Wifi capabilities, capacitate touch and Android 4.0 OS, the DG68 is a much more sophisticated phone than the G-Aqua. However, IVIO has yet to release any of its devices onto the Indian market, and the DG68 is still a prototype.

The ShenZhen BLEPHONE Technology Co., Ltd., the company that owns the popular mobile brands Lesun and Lephone (the latter of which is available on the Indian market), also had a popular booth. Aside from their large presentation of feature phones and smartphones, BLEPHONE also showcased some interesting innovations and accessories. In particular, I was quite impressed by their Lephone mobile USB charging devices, called the CooMax, and their Lesun digital recorder-cum-mobile phone, the Gift I.

ICOMM2012 was a hugely successful exhibition. Aside from showcasing many of the most interesting and significant innovations and actors in the Asian ICT sectors, and possibly the wider world, the event was able to attract more than 21,500 delegates over a two-day period.[6] Further, according to NK Goyal, the president of the CMAI Association of India, the fair was able to generate business leads worth USD 154 million.[7] I highly encourage anyone interested in the exciting and ever-changing world of ICT to attend ICOMM2013, as it is sure to continue to grow and attract more and more exciting and fascinating technologies and devices.

Given below is a gallery of the photos taken at the event and of various other booths and devices.

[1]. The CMAI Association of India is a prominent trade association that works to promote growth in the Indian IT and telecom sector domestically and internationally through activities such as investing in industry services and promotion, education, training and market research. Through consultation, events, advocacy, research and promotion, the CMAI now boasts a substantial amount of members and international partners, as well as multiple international offices. More information can be found on the CMAI Association of India at http://www.cmai.asia/association.php
[2]. See: “7th ICOMM 2012 Held Successfully.” EFYTimes.com, EFY Enterprises Pvt. Ltd., September 17th, 2012, http://www.efytimes.com/e1/fullnews.asp?edid=90770. Last accessed on October 30th, 2012.
[3]. The UbiSlate tablet is the commercial version of Datawind Ltd.’s Aakask tablet, a high-functioning low-cost tablet device that was developed in collaboration with the Indian government as part of the country’s endeavor to supply Indian college and university students with a low-cost computer device. This project was part of the government’s aim to provide an e-learning service to 25,000 colleges and 500 universities across India (this figure was retrieved from http://www.bbc.co.uk/news/world-south-asia-10740817). More data on this device can be found at: http://www.akashtablet.com/
[4]. SMSInfosys is a mobile phone testing company with offices in India, Hong Kong and China. They perform quality assurance/quality control inspection, certification verification and IMEI services to mobile phone producers. More information about the company can be found here: http://smsinfosys.com/
[5]. More information on this brand and product line can be found here: http://globytalky.com/
[6].See: “7th ICOMM 2012 Held Successfully.” EFYTimes.com, EFY Enterprises Pvt. Ltd., September 17th, 2012, http://www.efytimes.com/e1/fullnews.asp?edid=90770. Last accessed on October 30th, 2012.
[7]. See: “7th ICOMM 2012 Held Successfully.” EFYTimes.com, EFY Enterprises Pvt. Ltd., September 17th, 2012, http://www.efytimes.com/e1/fullnews.asp?edid=90770. Last accessed on October 30th, 2012.

For more details visit https://cis-india.org/a2k/blogs/icomm-2012-report

ICFI Workshop

praskrishna — 2016-01-03T10:33:14Z

For more details visit https://cis-india.org/internet-governance/blog/icfi-workshop

Iceland’s proposed porn ban ‘like repression in Iran, N. Korea’ – activists

praskrishna — 2013-03-21T03:56:30Z

A group of 40 human rights activists from around the world fear that Iceland could become “a role model for Internet censorship” if it introduces Internet filters blocking online content deemed pornographic.

This blog post was published in RT on March 1, 2013. Sunil Abraham is quoted.

“The act of censoring pornography in Iceland differs in no way from repression of speech in Iran, China or North Korea,” human rights advocates wrote in an open letter to Icelandic Interior Minister Ögmundur Jónasson.

Activists from nearly 20 countries, including the UK, America, Austria and Finland, said that Iceland’s moral reasons for the push to censor Internet pornography is “justifying rather than condemning the actions of totalitarian regimes.”

Critics – including Jillian C. York, Director for International Freedom of Expression, Electronic Frontier Foundation, Sunil Abraham, Executive Director for India’s Internet and Society Center, and Ot van Daalen, head of the Dutch Bits of Freedom Center – have described the controversial measure as “an affront to basic principles of the society.”

They also argued that those advocating the Web porn ban have offered “no definition, no evidence, and suggested no technology.”

The authors of the letter warned that the prohibition of pornographic content could create demand for an underground porn industry, unregulated and most certainly affiliated with other illegal activities, “as we have seen in the case of drugs or alcohol prohibition. Hiding the problem is not a solution and may in fact make things worse.”

The solution, according to the activists, could be better sex education at home and schools: “Sex education that deals not only with conception, contraception and sexually transmitted diseases, but also relationships, communication and respect.”

Iceland, known for its feminist policies, could become the first Western country to censor online pornography, despite concerns over who will be given the authority to choose what is banned.

“It is tempting to regard filtering the Internet as a quick and easy way to restrict unwanted speech, opinions, or media, which the government regards as harmful for either them or the people,” the letter said. “The right to see the world as it is, is critical to the very tenets and functions of a democracy and must be protected at all costs.”

The activists claimed that it is technically impossible to censor the Internet without monitoring all telecommunications with automated machines: “This level of government surveillance directly conflicts with the idea of a free society.”

Iceland is not the only European country that has tried to implement such a ban. In December, the UK proposed blocking access to all pornographic websites, but UK ministers rejected the idea over a lack of public support.

According to supporters of the Icelandic ban, pornography has unquestionably damaging effects on both children and women.

"We have to be able to discuss a ban on violent pornography, which we all agree has a very harmful effects on young people and can have a clear link to incidences of violent crime," Interior Minister Jonasson, the author of the proposed ban, was quoted as saying.

While Iceland has already passed a law banning the distribution and printing of pornography, the proposed ban would eventually restrict access to pornographic websites in the country, and make it impossible to use Icelandic credit cards on X-rated sites.

For more details visit https://cis-india.org/news/rt-march-1-2013-icelands-proposed-porn-ban