Centre for Internet and Society

Odisha: KISS to create tribal languages and heritage repository

praskrishna — 2014-02-03T08:33:08Z

World' largest tribal residential institute Kalinga Institute of Social Studies (KISS) is going to initiate a project in collaboration with Centre for Internet and Society's Access To Knowledge program (CIS-A2K) to gather academic and research resources on tribal languages and diverse cultural heritage.

The report by Odisha Diary Bureau was published on January 20, 2014.

Kalinga Institute of Social Sciences (KISS) is the largest tribal residential institution in the world. It is home to over 20,000 tribal students from 64 tribes living in Eastern and North-Eastern parts of India that not only provide them accommodation, food, and free education from kindergarten to post graduation but also provide them 24/7 health care in the in-house hospital and many vocational trainings to empower them as able citizens of this nation ensuring their successful future. UNICEF in association with KISS has established a Children Development Resource Centre (CDRC) as part of the larger UNICEF-KIIT University joint initiative for the Centre for Children Studies (CCS) that aims in promoting evidence-based policy making by building a knowledge base thorough research and other development programmes on children's issues focusing on the state of Odisha.

KISS in collaboration with Bernard van Leer Foundation is currently devising education systems in native tribal languages that even do not have scripts. With over 17 Memorandum of Understanding (MoU)s and many more in process. KISS is bringing up a new stream of sustainable growth for tribals below poverty line by educating them and imparting knowledge in their own languages.

UNICEF, UNESCO, UNFPA, College of Charleson (USA), Bernard van Leer Foundation, Vedanta Foundation, NALCO Foundation, English Access Micro-Scholarship Program (Federal Govt.), Tata Institute of Social Sciences (TISS), Oracle Educational Foundation, Intel Technology, CPU Joint Volunteers (South Korea) are some of the organisations that KISS is working in tandem with to take the Indian tribal cultural diversity and heritage to the outside world by giving the aboriginal natives their space in this world.

Centre for Internet and Society is a Bangalore based Non profit organization which works primarily in the broader domains ofinternet and policy research, accessibility, open knowledge and open education. Its Access To Knowledge program is funded by the Wikimedia Foundation and works in fostering the volunteer Wikimedia community that contributes in enhancing Wikipedia and other Wikimedia projects. Its primary mandate is upbringing Wikipedia editors by outreach, creating primary resources for sources of reference in multiple ways that lead to enrich Wikipedia.

This collaboration will bring detailed research and multilingual documentation about several aspects of tribals of India and would work as an Open Education Resources (OER) for academicians and researchers. This event is organized on 11th January 2014 atKalinga Institute of Social Studies premises at 11 am. KIITUniversity's Founder-Chairman Dr. Achyuta Samanta is going to inaugurate this project formally on this occasion.

For more details visit https://cis-india.org/news/orissa-diary-january-20-2014-kiss-to-create-tribal-languages-and-heritage-repository

What is net neutrality and why it is important

praskrishna — 2014-02-03T08:24:34Z

Internet is built around the idea of openness. It allows people to connect and exchange information freely, if the information or service is not illegal.

The article was published in the Times of India on January 20, 2014. Sunil Abraham is quoted.

Much of this is because of the idea of net neutrality. If you like the current state of the internet, you should know about net neutrality. Many web users are aware of it. But if you are not, don't worry. We explain it here:

What is net neutrality?
Net neutrality is an idea derived from how telephone lines have worked since the beginning of the 20th century. In case of a telephone line, you can dial any number and connect to it. It does not matter if you are calling from operator A to operator B. It doesn't matter if you are calling a restaurant or a drug dealer. The operators neither block the access to a number nor deliberately delay connection to a particular number, unless forced by the law. Most of the countries have rules that ask telecom operators to provide an unfiltered and unrestricted phone service.

When the internet started to take off in 1980s and 1990s, there were no specific rules that asked that internet service providers (ISPs) should follow the same principle. But, mostly because telecom operators were also ISPs, they adhered to the same principle. This principle is known as net neutrality. An ISP does not control the traffic that passes its servers. When a web user connects to a website or web service, he or she gets the same speed. Data rate for Youtube videos and Facebook photos is theoretically same. Users can access any legal website or web service without any interference from an ISP.

Some countries have rules that enforce net neutrality but most don't. Instead, the principle is followed because that is how it has always been. It is more of a norm than a law.

How did net neutrality shape the internet?
Net neutrality has shaped the internet in two fundamental ways.

One, web users are free to connect to whatever website or service they want. ISPs do not bother with what kind of content is flowing from their servers. This has allowed the internet to grow into a truly global network and has allowed people to freely express themselves. For example, you can criticize your ISP on a blog post and the ISP will not restrict access to that post for its other subscribers even though the post may harm its business.

But more importantly, net neutrality has enabled a level playing field on the internet. To start a website, you don't need lot of money or connections. Just host your website and you are good to go. If your service is good, it will find favour with web users. Unlike the cable TV where you have to forge alliances with cable connection providers to make sure that your channel reaches viewers, on internet you don't have to talk to ISPs to put your website online.

This has led to creation Google, Facebook, Twitter and countless other services. All of these services had very humble beginnings. They started as a basic websites with modest resources. But they succeeded because net neutrality allowed web users to access these websites in an easy and unhindered way.

What will happen if there is no net neutrality?
If there is no net neutrality, ISPs will have the power (and inclination) to shape internet traffic so that they can derive extra benefit from it. For example, several ISPs believe that they should be allowed to charge companies for services like YouTube and Netflix because these services consume more bandwidth compared to a normal website. Basically, these ISPs want a share in the money that YouTube or Netflix make.

Without net neutrality, the internet as we know it will not exist. Instead of free access, there could be "package plans" for consumers. For example, if you pay Rs 500, you will only be able to access websites based in India. To access international websites, you may have to pay a more. Or maybe there can be different connection speed for different type of content, depending on how much you are paying for the service and what "add-on package" you have bought.

Lack of net neutrality, will also spell doom for innovation on the web. It is possible that ISPs will charge web companies to enable faster access to their websites. Those who don't pay may see that their websites will open slowly. This means bigger companies like Google will be able to pay more to make access to Youtube or Google+ faster for web users but a startup that wants to create a different and better video hosting site may not be able to do that.

Instead of an open and free internet, without net neutrality we are likely to get a web that has silos in it and to enter each silo, you will have to pay some "tax" to ISPs.

What is the state of net neutrality in India?
Legally, the concept of net neutrality doesn't exist in India. Sunil Abraham, director of Centre for internet and Society in Bangalore, says that Trai, which regulates the telecom industry, has tried to come up with some rules regarding net neutrality several times. For example it invited comments on the concept of net neutrality from industry bodies and stakeholders in 2006. But no formal rules have been formed to uphold and enforce net neutrality.

However, despite lack of formal rules, ISPs in India mostly adhere to the principal of net neutrality. There have been some incidents where Indian ISPs have ignored net neutrality but these are few and far between.

Will the concept of net neutrality survive?
Net neutrality is sort of gentlemen's agreement. It has survived so far because few people realized the potential of internet when it took off around 30 years ago. But now when the internet is an integral part of the society and incredibly important, ISPs across the world are trying to get the power to shape and control the traffic. But there are ways to keep net neutrality alive.

Consumers should demand that ISPs continue their hands-off approach from the internet traffic. If consumers see a violation of net neutrality, they ought to take a proactive approach and register their displeasure with the ISP. They should also reward ISPs that uphold the net neutrality.

At the same time, as Abraham says, Trai needs to come out with a set of clear and precise rules that protect the net neutrality. "We have started seeing ISPs trying to take control of the traffic that flows from their servers but Trai can regulate them. It can keep the internet open and consumer-friendly by forming rules that protect net neutrality. These are early days so it is easy to do. If ISPs manage to change the system, it may become too late," he says.

For more details visit https://cis-india.org/news/times-of-india-january-20-2014-what-is-net-neutrality-and-why-is-it-important

Creative Activism - Voices of Young Change Makers in India (UDAAN)

denisse — 2015-04-14T13:21:22Z

This post is a short account of what happened at UDAAN in December 2013 — a conference that gathered 100 youth from across the country to discuss pressing environmental issues and creative strategies to tackle them. We conducted a survey to map the perspectives of these young change-makers and get a glimpse of how India's youth is now framing and going about making 'change'



CHANGE-MAKERS: Youth (India)

EVENT: UDAAN 2013 organized by 350 India: a global organization building grassroots movements across the country.

METHOD OF CHANGE: Behavioral change, solidarity networks and creative activism.

“Change or making change is to bring about a paradigm shift in the way we do certain things. To alter our general way of life as it remains now into something that is positive and ideal.”

This is one of the many responses we collected from UDAAN participants on what it means to make change in India today. So far, in previous articles, we have looked at organizations working with specific demographics and themes. On this opportunity, we are exploring the ideas behind a group conformed by individuals coming from different walks of life, who embody an array of historical, linguistic and cultural understandings of the world, yet still find an intersection at their intents for change. We addressed the core questions raised in the project's thought piece: Whose Change is it Anyway: “What is the understanding of change with which we were working? What are the kinds of changes being imagened? Whose change is it, anyway?” -to start touching base with the ideas underpinning their actions, and identify how -or whether- it introduces new ways to define this concept.

UDAAN 2013

I had the privilege of joining this inspiring group during a four day conference and got the opportunity to share with students, activists and entrepreneurs from 13 states of India (chosen from a pool of 2000 applicants) involved in social change practices across the country. Despite the diverging world views among participants, the sense of a common purpose was almost undisputed. Every attendee was committed to mitigate the detrimental impact of climate change in their cities, protect vulnerable populations and advocate for justice. However, the most interesting points of contention lied on how to translate this commitment into individual and collective action, create conditions that enable change, and encourage community participation in environmental, political and social issues.

With these questions in mind, the conference focused on providing strategies of action and the attendees explored all sorts of lobbying and political participation mechanisms through its workshops. Three main elements stood out for me. First, the cocktail of tactics provided by experienced campaigners: from direct resistance and non-violent action to story-telling and street theater; participants were inspired to experiment and re-conceptualize activism.

Space Theatre Ensemble

Educators Collective

Second, the use of gamification in the workshops, facilitated by the experiential learning group Educators Collective, was the key to introduce values of leadership, solidarity and sustainability into individual behaviour and team practices. And finally, the add of 'unconference slots' to the program empowered attendees to share their methods, initiatives and projects in an open platform. This fostered peer-to-peer learning and more importantly reinforced the net of support and the immense amount of admiration (that grew exponentially between participants) for each other's work.

Youth and Activism in India

Coming from the perspective of our research project: Making Change, it was second nature to me to question frameworks utilized around "making change". I was pleasantly surprised to find an array of perspectives and experiences floating around panels, workshops and keynote presentations. They were definitely seeking consensus, yet in a way that did not inhibit diversity of thought, intellectual curiosity and self-reflection. This sparked the idea of collecting these views and use them as a sample of the current status of youth activism in India. Particularly considering how many of the strategies taught at UDAAN, while incredibly powerful, require a set of resources (including capital, time and energy) that are not readily accessible for all aspiring activists in the country.

These thoughts are consistent with a couple of articles I referred to for context on Indian youth and activism. Starting with the IRIS Knowledge Foundation and the UN-HABITAT's report: "State of the Urban Youth, India 2012: Employment, Livelihoods, Skills". It states that in only seven years, India will become the youngest country of the world with a median age of 29 years old. This, coupled with the fact that India's youth is the largest group in the working-age population — in a country that is expected to become one of the world's next major economic powers (Ilavasaran, 2013) — has, according to Padma Prakash, led demographers and economists to consider youth as the future of the country's economic growth. Having said that, these promising prospects do not reflect that 87.2% of the unemployed of the country are youth, only 27% of Indian youth is literate and 64% is located in rural areas. These facts display a constant negotiation between precariousness and hope, and particularly the high level of dissonance between the expectations and opportunities surrounding this group. Furthermore, as put by Prakash, despite the amount of economic information we have on this group, we lack a deep understanding of the social constructs underpinning their motivations and actions. On one hand, Ilavasaran suggests precariousness is the trigger behind both their unrest and their activism. On the other, the path they end up taking will depend on how they understand making change and their role within this process.

This dilemma was quite evident at UDAAN. Youth from all over India came together to fervently speak about the grievances climate change is causing in their regions and share the stories behind their struggles. On this note, the conference represented an incubator for their ideas and frustrations. and one of its main goals was to steer all this energy towards a path of constructive positive change. Carpini on his work on civic engagement (2000) outlines three factors that lead to participation: motivation, opportunities and capabilities; and how the interplay of the three result in different patterns of change-making. Hence, what is left to answer is how will this chaotic ecosystem shape youth's ideas of creating change? And to what extent will these conditions determine their motivation, opportunities and capacities of participating in the process? The survey we sent out to participants is only a starting point to reflect on these points. It did not aim to resolve these questions, but instead gather a snapshot of how politically and socially active young citizens are locating change and framing some of the biggest challenges of its generation.

Online Survey

About 25 people participated in the survey. The survey had five questions that explored three concepts analyzed in the Making Change research project: change, civic engagement and methods of change. It was divided into three sections:

a) Definitions: Participants were asked how they understand 'change' and 'making change'.

b) Actors: Participants were asked to reflect on their role and the role of youth in the process of making change. It also touched on concepts of active citizenship and engagement.

c) Methods: This section looked at the practices and methods preferred by youth for making change. Participants were asked to think about strategies and tactics discussed at the UDAAN workshops or other initiatives of interest, and how ICT/technology affect the process.

The purpose was to collate as many ideas and perspectives around change-making from this group and hence, the questions were broad and open-ended. The participants remained anonymous and details about their age, religion, region, socio-economic status, etc., were not disclosed. The language barrier and access (and frequency of access) to social media platforms was a big limitation to obtain a larger sample but the responses still reflected interesting patterns, which were later classified and categorized using a keyword system.

The results were displayed on the info-graphics found below:

Infographic 1* reflects the different ways participants outlined change-making: definitions of 'change' and 'making change', type of change (positive, neutral or confrontational), location of change (individual, society or system) and time of change (now, future, long-term).
Infographics 2* and 3 outline the profiles of a change-maker and an active citizen.
Infographic 4 lists their preferred methods of change -in no particular order. The bottom section reflects the spectrum of opinions around the use of technology.

*The percentages reflect the portion of respondents who reflected this view and the texts are excerpts of the respondents' answers.

This presentation format was chosen for three reasons: first, to facilitate the consumption of raw data collected from the survey and make visual associations between themes. Second, to put into practice some the recommendations from the storytelling workshop to make research more accessible to the public. And third, as a somewhat self-serving experiment to measure a) the ability of a graphic designer rookie, with no previous experience (like me), to create visual aids and graphics with free online tools, and b) explore empirically some of the methods I have encountered through my research: Methods for Social Change. Hence, the following results will not be of an academic nature as previous posts, but will instead clarify some of the patterns, evident in the original responses, that may have been lost in graphic translation.

Locating Change: Definitions

"Change is any alteration from an established status-quo. Making change is creating a system that is self-sustaining and capable of surviving over a long period of time"

In spite of including both concepts on the same question, most respondents differentiated them in their answers. Approximately 50% of the sample responded 'change' was either an irreversible process or an outcome to a process, while the other 50% implicated themselves in the 'change' process, stating it means to shift and modify how we act and think. A similar spirit was reflected about 'making change'. About 29% of the participants acknowledges a break from previous practices, and 29% considers we are implicated through the adoption of a new model of action. Interestingly enough, only 5% considers making change a duty or a responsibility. This low percentage signals making change is understood as non-compulsory which does not affect active politically involved citizens but leaves the more passive and idle off the hook when it comes to acknowledging their role in the process of change.

Moving on to type of change: 38% of the respondents consider making change a neutral process that does not guarantee a positive change (as considered by 33% of the sample). It was defined as an event that merely breaks the norm or from usual practices. A possible reading of this is that a group is not mobilizing its efforts with a plausible positive alternative in mind. Instead, it seeks difference without a deeper considerations of how will it differ from the conditions it is breaking from. This fits into the 'politics of hope' paradigm brought up by Shah in the piece: This approach to change and the idiom 'making a difference' is "so infused with the joy of possibilities" that it doesn't evaluate whether the outcome will lead to further assurance or precariousness, when compared to the earlier structure. This approach limits structural, systemic and sustainable change, an issue that was also evident in the results of the time-line. 0% thinks change must be made immediately but the rest of the sample was divided into making plans for the future (19%) and a smaller number on securing a self-sustaining system (10%) to replace the former.

Infographic 1: Making Change (Generated using: easel.ly-)

Finally, on the question of where is change located, we find the first instance of a pattern that was evident throughout the survey. On this category 38% finds change must occur externally: either in society and others (19%), or through the shift from a status quo that is perpetuating inequality (19%). Yet the largest group (24%) identified that change must occur internally first. The role of the self was also very prominent in the following sections as well.

Agents of Change

After locating change, the project also intends to understand who are the main actors and stakeholders lumped into the category of 'citizen' or 'citizen action'. On this survey, these actors were dubbed 'change-makers'. Respondents were free to describe what they understood by the term and the social construct determining the model they were working towards (as aspiring change-makers themselves). The second actor we inquired about was 'active citizen'. The concept of citizenship is ambiguous terrain, yet there seems to be a connection between the identity confered by the 'citizen' status and the respondents' inner call for action.

a) The Change-Maker:

"I think that all of us can be change-makers. We need to be sure of what and why we need to change and have a vision of how the world will be after making the change"

The Change-Maker (Infographic 2) was defined by the four characteristics outlined below.

Infographic 2: The Change Maker (Generated using: easel.ly )

Each characteristic was coupled by actions that reinforce this behaviour. For example, understanding the issue (33%) comes hand-in-hand with inciting motivation through information: 'If one aspires to change, then one must first understand what is to be changed, how it is to be changed and what would replace the changed system. The primary step is to realize and acknowledge the problem, educate others and then action” (Anonymous survey respondent, 2013) Another interesting example is how the 28% that identified the individual as the source of change, also recommend self-reflection on how to create the most impact: "[My role as a change-maker is] practicing what I preach and learning to critique myself constructively and in a manner that helps me improve" (Anonymous survey respondent, 2013) This brings a different light to Carpinis categorization of 'capabilities' in social change. It is no longer about participation in an external movement but more about how the individual secures sustained change through his own consistent and coherent behaviour.

b) The Active Citizen

"An active citizen is who follows the constitution, understands and takes responsibility for himself and for influencing his family and community for the betterment of life's social, economic and environmental issues"

Self-awareness was a key point in how the active citizen was personified. It was one of most emphasized points, placing more responsibility on the role of the citizen as opposed to on the issue at hand. Attitudes such as 'realizing the problem', 'taking responsibility' and 'taking initiative' reflect that the individual is finding motivation on taking ownership of his choices and decision-making power. The individual is focusing less on antagonizing the structure and is instead elevating his identity to a fearless, noble status -the citizen is becoming the hero of its own narrative. This ego-emphasis, is also motivating the citizen to invest on increasing its own knowledge capital and attain a thorough understanding of the issues, to then heighten individual and collective awareness around them. The objective is either local -give back to its community- or normative -work towards justice and equity- but there seems to be consensus on the starting point.

Infographic 3 - The Active Citizen (Generated using: easel.ly)

Methods for Change

“By going out there and making the change! Get down and dirty. Then use those examples in the form of story, pictures, etc. and inspire others around you to first change themselves and then help change society!”

Finally, infographic 4 displays a mapping of the methods brought up by participants. Again, awareness and behavioural change were the most popular, placing information and the individual at the epicenter of change-making. The impact of the theater and story telling workshops on participants was also evident, on several mentions to the power of 'artivism'.

Infographic 4: Methods for Social Change (Generated using: easel.ly )

In regards to communication and technology, I was surprised to find that many respondents find it insufficient. They instead recognize the need for strong offline communities making sure activism online translates into the offline realm. “[online platforms] are vital in building quick connections amongst those who feel alike towards bringing change. But eventually, all struggles for change have to be offline [...] technology could be the first step that eventually leads the path to more offline and personal connections.”(Anonymous survey respondent, 2013) : Others were wary about its power and they recognize it can be used to both help and contain the activist with the same intensity: "Technology can either blind people or give them sight."(Anonymous survey respondent, 2013) These views reflect youth has moved on from the tech hype that pervades the digital activism discourse. The role of technology was not excluded from the conference's tactic package and the group perceives technology as a powerful complement, yet it still places a lot more emphasis on creating sustainable change through education, behaviour and offline interactions than through digital interventions.

Conclusion

Comments at the aftermath of the event reflected participants had undergone a collective mental shift on how to create social change. We arrived looking outwards: accustomed to pointing fingers and scouting for common enemies that personify the misdoings of inequality perpetrators. Five days at Fireflies later and after UDAAN's intervention, I can safely say we left looking inwards. We are now determined to seek information and identify the most effective ways to mainstream it and make it accessible; we are impelled to reconnect with our creative and artistic selves and put them at service of communication; we are encouraged to share our personal stories and have them inspire solidarity and movement in our communities, and above all, we will continue to pursue the level of behaviour-action consistency that legitimizes our efforts at making change. The conference turned out to be a very organic experience and it provided all of us with a space to connect with ourselves and one another in a time of growing loneliness and isolation in the digital age.

Furthermore, the thoughts that surfaced on the survey are important pointers to continue uncovering what drives civic engagement among youth. Seeing these activists locate change in the self was a refreshing break from the times we used to overindulge in the possibilities of technology-mediated change. It seems that the digital is already so embedded in our interactions and ecosystems that it has not only has ceased to be novel, but it is recognized as insufficent, and hence, the attention has returned back to the user and its offline communities. With this in mind, the group that attended UDAAN, as part of the demographic who represents "the promise and future of India's growth", is taking up the challenge of strengthening ideas of making change in their networks. Have them succeed, and this 'growth' will be met by a current of better informed, better armed young activists working to secure a self-sustaining system for the generations to come.

** Thanks to everyone who participated on the survey, Special mention to UDAAN organizers, Educators Collective and the wonderful UDAAN 2013 group**

Sources:

HABITAT, UN. "State of the Urban Youth, India 2012.", (2013)
Ilavarasan, P. Vigneswara. "Community work and limited online activism among India youth." International Communication Gazette 75, no. 3 (2013): 284-299.
Shah, Nishant “Whose Change is it Anyways? Hivos Knowledge Program. (April 30, 2013).

Resources:

Easel.ly: To create and share visual ideas online: www.easel.ly/‎
Info.gram: Create infographics: infogr.am
More on UDAAN: http://world.350.org/udaan/
More on Global Power Shift (350) - http://globalpowershift.org/

For more details visit https://cis-india.org/digital-natives/making-change/young-voices-udaan

Mapping Digital Humanities in India

snehapp — 2014-01-16T08:29:01Z

As part of the research enquiry in the field of Digital Humanities (DH), this mapping exercise aims to provide an overview of key people, institutions and emerging literature in the field, and identify some of the pertinent questions and challenges to better locate and contextualise the work done in DH in India.

The field of Digital Humanities (DH) has today emerged as a space for much interdisciplinary work in knowledge production and innovation in India. At a time when the arts and humanities are perceived to be in a state of crisis thereby calling for them to demonstrate their relevance, the move towards the ‘digital’ is seen as an interesting development, away from traditional methods and objects of research enquiry. The growth of networked environments and proliferation of digital technologies particularly in education in the last couple of decades has several implications for new humanities scholarship. However, what is DH as a field, what are its historical and disciplinary moorings, its significance for new research and pedagogy, and more importantly how can we locate or contextualize it with respect to work in India have been some preliminary challenges to developing a further understanding of the field.

Historically the basis of DH lies in humanities computing, driven by the need to process and disseminate large sets of data generated by research. DH in the West has seen two distinct phases – the computational and the digital turn; the first largely characterized by the process of digitization itself, and the second seeing the internet become a space for production and sharing of multi-dimensional forms of knowledge, and moving away from traditional text-based models. The present phase sees digital technology as an integral part of the process of knowledge production, wherein objects and methods of enquiry already inhabit the digital space. In India, these three phases have been simultaneous rather than successive, which gives rise to additional challenges in summarizing the field. There is also the inherited separation between the ‘digital’ and the ‘humanities’, with the former being in some sense inaccessible to certain groups or classes of society for various reasons. This problematises the notion of the ‘digital’ as a post- gender, race, and class space. Tracing a historical trajectory of the development of DH in India would therefore be imperative, to see how it mediates this space between the traditional humanities and changes that are imminent with the advent of digital technology, and whether this discourse has been inclusive of all groups of people.

In the context of higher education in India, the challenges are multiple. The ‘digital divide’ still persists, which requires us to consistently re-imagine pedagogy and curricular resources that employ technology. Policy initiatives to integrate ICTs in education and large–scale projects on digitization are some efforts in trying to address the access question. Developing teaching-learning materials for a socially diverse and multi-lingual classroom, integrating archival material and training researchers and teachers in using new kinds of technology are some other areas that need intervention. More importantly, how do students or young people negotiate with these changes in the learning environment is a case in point. The present generation has the ubiquitous reputation of being ‘digital natives’ and therefore already possessing the access, skills and competence required in mediating both worlds. With increased access to technology, the role of youth in social change through participation in civil society and the political process is also being recognized. Today throughout the world, the importance of developing the potential of youth for social change has been emphasized by policy makers, institutions and societies at large. In the Indian context, where 20% of the population[1] consists of people between the ages of 15-24, this factor acquires even more significance. This number is also said to increase to 40% by 2016.According to a more recent report commissioned by the UN Global Urban Youth Research Network, there are 430 million young people in the age group of 15 – 34 years in India. The report also includes a survey on political participation by youth, in which 71% of urban youth (aged 18-34) said they are moderately interested in politics, and attributed this change to education and increased media exposure.[2] The National Youth Policy (2003) emphasises the need for the active involvement of youth in the political process, through their increased representation in civic bodies and also stresses that young people be provided with the requisite knowledge, skills and capacities towards this end. Higher education then is a crucial space to address these gaps in knowledge and skills that would contribute towards this development. The importance of technology in facilitating this process cannot be ignored, but then how do we see its role beyond that of access and skill-building, to fostering critical engagement with questions of socio-political concern would be imperative. The ‘digital classroom’ has today fostered new forms of iteration, sharing and collaboration. More importantly, what then is the perception of the youth of the ‘digital’ and how do they see its relevance to the processes of knowledge production, learning and change would be key questions for DH scholarship.

Under the larger rubric of youth, technology and higher education, this proposed mapping exercise will try to examine some of the broader questions that are central to defining and setting the agenda for further work in DH in India. The study shall span several institutions and disciplines, but would focus on the demographic of youth in higher education. Some specific areas of interest would be:

Youth and technology: studies on how young people engage with collaborative multimedia technologies today, both within and outside the classroom, what are the tools and devices at their disposal and the creation of new learning environments in higher education.
Histories of the present: studies mapping the digital landscape today and its antecedents, and looking at the emergence of the techno-social subject as a focus of the research enquiry.
Technology and Institutions: studies to survey and assess existing digitization efforts in India, creation of open access archives and new resources, particularly materials in Indian languages and the need for integration of content, new curricular initiatives and pedagogic strategies.

The project consists of interviews with key people and an overview of institutions and emerging literature in the field, as well as short-term commissioned research on emerging digital habits, socio-political participation, citizenship and identity politics and new modes of research and pedagogy in the digital humanities in India. This exercise is being conducted with the collaboration and support of the Higher Education Innovation and Research Applications (HEIRA) programme at the Centre for the Study of Culture and Society, Bangalore. HEIRA-CSCS has previously collaborated with CIS on a four-year programme in selected undergraduate colleges on enhancing the quality of access to higher education by disadvantaged students. The present mapping exercise also aims to build on some of the learning from this programme, particularly with respect to the digital and linguistic divide in higher education.

Institutions and individuals interested in joining us in these conversations are most welcome to write to us.

[1].Youth in India: Situation and Needs Study, Policy Brief No. 30, 2010. International Institute for Population Sciences and Population Council.

[2].State of the Urban Youth in India: Employment, Livelihoods and Skills, 2012. IRIS Knowledge Foundation. Commissioned by UN-HABITAT’s Global Youth Research Network .

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

Surveillance and the Indian Constitution - Part 1: Foundations

pranesh — 2014-01-23T15:12:30Z

In this insightful seven-part series, Gautam Bhatia looks at surveillance and the right to privacy in India from a constitutional perspective, tracing its genealogy through Supreme Court case law and compares it with the law in the USA.

Note: This was originally posted on the Indian Constitutional Law and Philosophy blog.

On previous occasions, we have discussed the ongoing litigation in ACLU v. Clapper in the United States, a challenge to the constitutionality of the National Security Agency’s (NSA) bulk surveillance program. Recall that a short while after the initial Edward Snowden disclosures, The Hindu revealed the extent of domestic surveillance in India, under the aegis of the Central Monitoring System (CMS). The CMS (and what it does) is excellently summarized here. To put thing starkly and briefly:

“With the C.M.S., the government will get centralized access to all communications metadata and content traversing through all telecom networks in India. This means that the government can listen to all your calls, track a mobile phone and its user’s location, read all your text messages, personal e-mails and chat conversations. It can also see all your Google searches, Web site visits, usernames and passwords if your communications aren’t encrypted.”

The CMS is not sanctioned by parliamentary legislation. It also raises serious privacy concerns. In order to understand the constitutional implications, therefore, we need to investigate Indian privacy jurisprudence. In a series of posts, we plan to discuss that.

Privacy is not mentioned in the Constitution. It plays no part in the Constituent Assembly Debates. The place of the right – if it exists – must therefore be located within the structure of the Constitution, as fleshed out by judicial decisions. The first case to address the issue was M. P. Sharma v. Satish Chandra, in 1954. In that case, the Court upheld search and seizure in the following terms:

"A power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law. When the Constitution makers have thought fit not to subject such regulation to Constitutional limitations by recognition of a fundamental right to privacy, analogous to the American Fourth Amendment, we have no justification to import it, into a totally different fundamental right. by some process of strained construction."

The right in question was 19(1)(f) – the right to property. Notice here that the Court did not reject a right to privacy altogether – it only rejected it in the context of searches and seizures for documents, the specific prohibition of the American Fourth Amendment (that has no analogue in India). This specific position, however, would not last too long, and was undermined by the very next case to consider this question, Kharak Singh.

In Kharak Singh v. State of UP, the UP Police Regulations conferred surveillance power upon certain “history sheeters” – that is, those charged (though not necessarily convicted) of a crime. These surveillance powers included secret picketing of the suspect’s house, domiciliary visits at night, enquiries into his habits and associations, and reporting and verifying his movements. These were challenged on Article 19(1)(d) (freedom of movement) and Article 21 (personal liberty) grounds. It is the second ground that particularly concerns us.

As a preliminary matter, we may observe that the Regulations in question were administrative – that is, they did not constitute a “law”, passed by the legislature. This automatically ruled out a 19(2) – 19(6) defence, and a 21 “procedure established by law” defence – which were only applicable when the State made a law. The reason for this is obvious: fundamental rights are extremely important. If one is to limit them, then that judgment must be made by a competent legislature, acting through the proper, deliberative channels of lawmaking – and not by mere administrative or executive action. Consequently – and this is quite apart from the question of administrative/executive competence - if the Police Regulations were found to violate Article 19 or Article 21, that made them ipso facto void, without the exceptions kicking in. (Paragraph 5)

It is also important to note one other thing: as a defence, it was expressly argued by the State that the police action was reasonable and in the interests of maintaining public order precisely because it was “directed only against those who were on proper grounds suspected to be of proved anti-social habits and tendencies and on whom it was necessary to impose some restraints for the protection of society.” The Court agreed, observing that this would have “an overwhelming and even decisive weight in establishing that the classification was rational and that the restrictions were reasonable and designed to preserve public order by suitable preventive action” – if there had been a law in the first place, which there wasn’t. Thus, this issue itself was hypothetical, but what is crucial to note is that the State argued – and the Court endorsed – the basic idea that what makes surveillance reasonable under Article 19 is the very fact that it is targeted – targeted at individuals who are specifically suspected of being a threat to society because of a history of criminality.

Let us now move to the merits. The Court upheld secret picketing on the ground that it could not affect the petitioner’s freedom of movement since it was, well secret – and what you don’t know, apparently, cannot hurt you. What the Court found fault with was the intrusion into the petitioner’s dwelling, and knocking at his door late at night to wake him up. The finding required the Court to interpret the meaning of the term “personal liberty” in Article 21. By contrasting the very specific rights listed in Article 21, the Court held that:

“Is then the word “personal liberty” to be construed as excluding from its purview an invasion on the part of the police of the sanctity of a man’s home and an intrusion into his personal security and his right to sleep which is the normal comfort and a dire necessity for human existence even as an animal? It might not be inappropriate to refer here to the words of the preamble to the Constitution that it is designed to “assure the dignity of the individual” and therefore of those cherished human value as the means of ensuring his full development and evolution. We are referring to these objectives of the framers merely to draw attention to the concepts underlying the constitution which would point to such vital words as “personal liberty” having to be construed in a reasonable manner and to be attributed that these which would promote and achieve those objectives and by no means to stretch the meaning of the phrase to square with any preconceived notions or doctrinaire constitutional theories.” (Paragraph 16)

A few important observations need to be made about this paragraph. The first is that it immediately follows the Court’s examination of the American Fifth and Fourteenth Amendments, with their guarantees of “life, liberty and property…” and is, in turn, followed by the Court’s examination of the American Fourth Amendment, which guarantees the protection of a person’s houses, papers, effects etc from unreasonable searches and seizures. The Court’s engagement with the Fourth Amendment is ambiguous. It admits that “our Constitution contains no like guarantee…”, but holds that nonetheless “these extracts [from the 1949 case, Wolf v Colorado] would show that an unauthorised intrusion into a person’s home and the disturbance caused to him thereby, is as it were the violation of a common law right of a man – an ultimate essential of ordered liberty”, thus tying its own holding in some way to the American Fourth Amendment jurisprudence. But here’s the crucial thing: at this point, American Fourth Amendment jurisprudence was propertarian based – that is, the Fourth Amendment was understood to codify – with added protection – the common law of trespass, whereby a man’s property was held sacrosanct, and not open to be trespassed against. Four years later, in 1967, in Katz, the Supreme Court would shift its own jurisprudence, to holding that the Fourth Amendment protected zones where persons had a “reasonable expectation of privacy”, as opposed to simply protecting listed items of property (homes, papers, effects etc). Kharak Singh was handed down before Katz. Yet the quoted paragraph expressly shows that the Court anticipated Katz, and in expressly grounding the Article 21 personal liberty right within the meaning of dignity, utterly rejected the propertarian-tresspass foundations that it might have had. To use a phrase invoked by later Courts – in this proto-privacy case, the Court already set the tone by holding it to attach to persons, not places.

While effectively finding a right to privacy in the Constitution, the Court expressly declined to frame it that way. In examining police action which involved tracking a person’s location, association and movements, the Court upheld it, holding that “the right of privacy is not a guaranteed right under our Constitution and therefore the attempt to ascertain the movements of an individual which is merely a manner in which privacy is invaded is not an infringement of a fundamental right guaranteed by Part III.”

The “therefore” is crucial. Although not expressly, the Court virtually holds, in terms, that tracking location, association and movements does violate privacy, and only finds that constitutional because there is no guaranteed right to privacy within the Constitution. Yet.

In his partly concurring and partly dissenting opinion, Subba Rao J. went one further, by holding that the idea of privacy was, in fact, contained within the meaning of Article 21: “it is true our Constitution does not expressly declare a right to privacy as a fundamental right, but the said right is an essential ingredient of personal liberty.” Privacy he defined as the right to “be free from restrictions or encroachments on his person, whether those restrictions or encroachments are directly imposed or indirectly brought about by calculated measures.” On this ground, he held all the surveillance measures unconstitutional.

Justice Subba Rao’s opinion also explored a proto-version of the chilling effect. Placing specific attention upon the word “freely” contained within 19(1)(d)’s guarantee of free movment, Justice Subba Rao went specifically against the majority, and observed:

“The freedom of movement in clause (d) therefore must be a movement in a free country, i.e., in a country where he can do whatever he likes, speak to whomsoever he wants, meet people of his own choice without any apprehension, subject of course to the law of social control. The petitioner under the shadow of surveillance is certainly deprived of this freedom. He can move physically, but he cannot do so freely, for all his activities are watched and noted. The shroud of surveillance cast upon him perforce engender inhibitions in him and he cannot act freely as he would like to do. We would, therefore, hold that the entire Regulation 236 offends also Art. 19(1)(d) of the Constitution.”

This early case, therefore, has all the aspects that plague the CMS today. What to do with administrative action that does not have the sanction of law? What role does targeting play in reasonableness – assuming there is a law? What is the philosophical basis for the implicit right to privacy within the meaning of Article 21’s guarantee of personal liberty? And is the chilling effect a valid constitutional concern?

We shall continue with the development of the jurisprudence in the next post.

You can follow Gautam Bhatia on Twitter

For more details visit https://cis-india.org/internet-governance/blog/surveillance-and-the-indian-consitution-part-1

Global Congress On IP and Public Interest Adopts Principles for Negotiations

praskrishna — 2014-01-13T08:32:25Z

A recent conference on intellectual property and the public interest concluded with the adoption of public interest principles to guide international trade negotiations and international organisations.

This article by William New was published in the Intellectual Property Watch on January 6, 2014.

The Open African Innovation Research (Open A.I.R.) conference and the Global Congress on IP & the Public Interest took place in Cape Town, South Africa from 9-13 December. The conference hosted by the University of Cape Town was funded by Canada’s International Development Research Centre (IDRC), and Germany’s Gesellschaft für Internationale Zusammenarbeit (GIZ), among others.

Principles adopted at the conference included transparency, preservation of rights within international agreements such as national flexibilities, protection for internet service providers, strengthening of the public domain, and access to knowledge and to medicines.

The event included a fairly diverse representation, and not all participants necessarily signed on to the principles that emerged from the event.

According to infojustice.org, some 200 people have signed the “Global Congress Declaration on Public Interest Principles for International IP Negotiations,” which is available here.

The declaration calls for “’a positive agenda in international intellectual property law making’ which would include a more open negotiating process, respect for stakeholders’ social and economic welfare, and preserve states’ freedoms to protect access to knowledge goods,” infojustice.org said.

In particular, the declaration took aim at the Trans-Pacific Partnership agreement (TPP) being negotiated by 12 countries led by the United States. It urged negotiators of the TPP and future negotiations to ensure the “ongoing release of proposed legal provisions for public comment and maximize the ability of all interested persons and organizations to observe and participate in negotiation processes.”

Other principles, which echo debates at international organisations in Geneva, include ensuring that nations: retain sovereignty to take actions in their public interest without constraint from intellectual property rights, be able to use anti-circumvention measures without liability, and that IP enforcement measures be “reasonable and proportional.”

Additional principles called for avoiding “the creation of new dispute resolution fora parallel to, and that may conflict with, the multilateral system,” and ensuring that IP agreements are “consistent with international law, including international human rights law and the Convention on Biological Diversity.”

Finally, the declaration said: "We record our serious concerns about the closed and secretive processes being used for current international negotiations while acknowledging the efforts of some countries to promote positive proposals within them."

Statement on Global Fund IP Policy and Generics

Also at the Cape Town event, a statement was adopted raising concern over a policy being considered by the Global Fund for AIDS, Tuberculosis and Malaria that would establish tiered pricing for medicines.

“We note with growing concern the weakening of the Global Fund’s support for expanding access to safe, affordable generic medications as the answer to unaffordable essential drugs,” the statement said. “We are extremely concerned about the recent announcement of a ‘blue-ribbon Task Force’ on tiered-pricing of medicines in middle-income countries.”

In addition, the statement raised concern about a new Global Fund partnership with the International Federation of Pharmaceutical Manufacturers and Associations on “fake medicines.” It said the effort could create confusion in consumers’ minds about generic medicines. For them, the best approach would be “strong drug regulatory agencies together with effective technology transfer.”

"The Global Fund should retain its public interest focus and disentangle the interests of public health from the interests of those who claim intellectual-property over drugs," it said. "Regressive policy suggestions and public campaigns that undermine generic competition are counter to the Fund’s public mission."

Open A.I.R.

One aspect of the Open A.I.R. project is that the fellows who have been trained over the past few years now will go out and spread the word.

Seble Baraki, legal researcher at the Justice and Legal Systems Research Institute in Addis Ababa, Ethiopia, told Intellectual Property Watch, “I go and tell people what I’ve learned and see how it is going to help” on issues like health or branding to ensure high quality products.

"By being here, I think I have brought the issue of IP in my government," she said. For instance, they have a conference on law and development with the United Nations Development Programme (UNDP), and she has consistently mentioned that they should include something on development and IP. Now, they have agreed to do it, she said.

From studying in the North (Sweden), she had a certain idea about intellectual property. "Being part of this project helped me to see how to look at how to use IP from a public interest and development perspective.

Now, she said, she plans to go home and look at how it really makes a difference in her city, to see how IP can be used. Being part of this project, she added, "changed how you think about IP."

Other Highlights

The weeklong conference was packed with speakers and activities, and involved many of the leading figures in the public interest movement related to intellectual property rights. It also involved a first-time training on traditional knowledge related to IP rights.

The death of South African leader and “father” Nelson Mandela profoundly impacted the meeting. For example, a participant from Côte d’Ivoire said he was going to “live tweet” a journey through Mandela’s whole life, traveling from country to country.

Separately, Diane Peters, general counsel at Creative Commons, suggested a focus on a positive agenda, not taking away the right of another. There are ways to structure a dialogue so that everyone’s needs are addressed, she said.

“We are all part of some ecosystem,” she said, thinking and learning from the ideas of others. Limitations and exceptions are a right, Peters said. Authors should recognise that they also are re-using others’ ideas, same for the people who re-use and remix. “I’m really happy with how the dialogue-shaping is going,” she said.

Peters also said Creative Commons takes the view that their licences are not an answer to the problems of the copyright system. (CC licences include the version used by Intellectual Property Watch allowing re-use of our content for non-commercial purposes with attribution).

[Update: Creative Commons recently issued a policy statement on copyright reform].

The Struggle for Balance

Discussions during the week showed the diversity of topics and interests in fields affected by intellectual property rights. There were few vocal champions of the IP system, but there also was no blanket condemnation of it. Rather, discussions were attempts to address specific opportunities within IP, or concerns about its effects in certain cases. Not everyone held the same view and there were some debates during the week.

But given the variety and number of advocates from different sectors, such as the access to medicines and access to knowledge movements, there were some rallying cries around certain issues.

One relatively common area was the Trans-Pacific Partnership agreement (TPP), as concerns are high about raising IP protection levels without the participation of public interest groups. A speaker asserted that the United States is using the TPP to target BRIC countries (Brazil, Russia, India, China) as it did in the negotiations for the 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

There also were a number of discussions about the meaning of “open,” in issues like open access, open education, and open source. On a related note, Sunil Abraham, executive director of the Bangalore, India-based Centre for Internet and Society, said there are different types of open standards, and that using digital signatures instead of biometrics gives a decentralised system that protects human rights.

One speaker said they had been struck during the week by the need for a South-South network. Another asked how developing countries can use IP frameworks that have been predetermined in the North and that are not appropriate.

Participants repeatedly expressed positive attitudes about such a large and high-energy gathering (which the beautiful setting did nothing to diminish), allowing endless networking opportunities. But there was an urgency about the gathering for many, as global efforts to strengthen the IP system are working against their goals.

“We are seeing an assault on pretty much every single level,” one public health advocate said at the closing session. “Even when we win” and are able to advance the cause for access to medicines, the judges have been trained by the North (meaning with a pro-IP slant) and “turn the whole thing over.”

George Washington University Prof. Susan Sell described the “forum-shifting” that occurs with forces seeking to strengthen global intellectual property rules, as they seek international organisations where they can effect change in their favour. She likened it to a “cat and mouse” situation. She also said that IP policy is not an end in itself, but is public policy.

A participant from Jordan said that country did not play “cat-and-mouse” very well as when it signed its bilateral free trade agreement with the United States it took in all the bad aspects of the US copyright law.

Another speaker said the IP system does not encourage innovation for need but rather innovation for profit. He said governments in countries with strong rights holders are “captured,” and that governments need to be recaptured. He said organisations like the Gates and Clinton foundations are promoters of strong IP protection. Developing countries, activists, need to stop being the mouse, he said, and “start becoming the dog that chases the cat.”

“How do we forum-shift to all of the spaces we can win,” another speaker asked later, “[and] push the IP maximalist agenda to where we are not always on the defensive?”

“We are seeing an assault on pretty much every single level,” said a third. “Even when we win and are able to insert an agenda for [access to medicines], the judges have been trained by the North and turn the whole thing over.”

The mood, as Sell characterised it, is that “we can never stop and congratulate ourselves too much, because it just keeps coming.”

The annual event will continue next December, this time in Kuala Lumpur.

For more details visit https://cis-india.org/news/ip-watch-january-6-2014-william-new-global-congress-on-ip-and-public-interest-adopts-principles-for-negotiations

Election panel rejects Google’s proposal for electoral services tie-up

praskrishna — 2014-01-31T08:58:01Z

EC had earlier signed a non-disclosure agreement with Google but had not shared or handed over any data to the Internet giant so far.

The article by Anuja and Moulishree Srivastava was published in Livemint on January 9, 2014. Lawrence Liang is quoted.

The Election Commission (EC) on Thursday rejected a proposal by Internet search engine operator Google Inc. to provide electoral information services to EC ahead of the general election due later this year. Google’s proposal, made earlier this week, was criticized by experts and political parties on the grounds of security.

Google, which deals with Internet-related services and products, had made a presentation at EC where it proposed to deliver voter facilitation services through a tie-up with the Commission.

“Google made a presentation to the Commission for electoral hook up services for citizens to help in efforts of the Commission for better electoral information services. However, after due consideration, the Commission has decided not to pursue the proposal any further,” EC said in a statement.

Its decision came at a meeting of senior EC officials on Thursday, called to discuss the proposal. Security was one of the main issues before it.

“Security and controlling the data were the main points which were considered. By ways of such a tie-up all the data would have been up for access. It was always a question of whether Indian laws would apply to it or not, so we decided against it,” a senior official from EC said.

PTI reported that the meeting was attended by the chief election commissioner V.S. Sampath and election commissioners H.S. Brahma and S. N. A. Zaidi.

The Times of India in a report on Sunday said there were concerns over the EC move to tie up with Google for voter registration.

EC had earlier signed a non-disclosure agreement with Google but it had not shared any data with it. The move was criticised by the ruling Congress party as well as the main opposition Bharatiya Janata Party. The legal cell of the Congress had written to EC raising concerns over national security and asking whether the tie-up would affect the electoral process. The BJP’s complaint was that stakeholders, including political parties, should have been consulted.

Experts say that in the event of such a tie-up, concerns about protection of privacy would have outweighed national security fears.

“The concern is not so much about national security as it is about privacy issues. This kind of database is too important and too powerful to be controlled by a private company. There have been too many instances of this kind of data being skewed and riots happening during the election process. Privately owned databases could lead to potential misuse of the data,” said Lawrence Liang, co-founder of Alternative Law Forum and chairman of the board at the Bangalore-based Centre for Internet and Society.

“It is not a question of how and what service Google could have provided for elections, but how the state can bring itself to provide that kind of service,” he said.

In the US, when George W. Bush was re-elected president in 2004, the company that manufactured the voting machines was accused of rigging the polls, Liang added.

Google called the EC’s rejection “unfortunate”, pointing out that the company has already helped governments with such services in countries like the Philippines, Egypt, Mexico and Kenya.

“It is unfortunate that our discussions with the Election Commission of India to change the way users access their electoral information, that is publicly available, through an online voter look up tool, were not fruitful,” Google said in a statement.

“Google will continue to develop tools and resources to make civic information universally accessible and useful, help drive more informed citizen participation, and open up new avenues for engagement for politicians, citizens, and civic leaders,” it added.

For more details visit https://cis-india.org/news/livemint-january-31-2014-anuja-moulishree-srivastava-election-panel-rejects-google-proposal-for-electoral-services-tie-up

Internet Monitor

praskrishna — 2014-01-09T07:33:02Z

Malavika's piece on India's Identity Crisis is published in this report.

For more details visit https://cis-india.org/internet-governance/blog/internet-monitor-2013.pdf

Digitising contest to preserve rare books in Malayalam

praskrishna — 2014-01-31T06:33:15Z

The Malayalam Wiki Grandhasala has announced a competition in digitally preserving rare books in Malayalam.

The article was published in the Hindu on January 4, 2014.

‘Digitalisation Contest 2014’, launched by the Wiki community, is aimed at digitising rare books in Malayalam, the copyright of which has expired, and making them available online in Unicode font.

The Wiki community wants the books to reach innumerable readers through the Internet.

The competition will be held in separate categories for schools and the general public. The competition involves entering the text on the computer and proof-reading. The prizes include e-book readers and books.

In the first phase of the project, 55 books listed by the Kerala Sahitya Akademi have been offered for digitising. They include ‘Samskshepa Vedartham’ (1772), ‘Malayanmayude Vyakaranam’ (1863) and ‘Hasthalakshanadeepika’ (1892).
Copies of magazines such as ‘Rasikaranjini’ and ‘Mangalodayam’ have also been offered for digitising.

Those who wish to take part in the competition should visit the Wiki Grandhasala (ml.wikisource.org) and become a member of the project.

Details of the competition and the list of books may be downloaded. The contest will be open till January 31. It is being organised on the 10th anniversary of the Wiki Source project by the Centre for Internet and Society, IT@School project, Swanthanthra Malayalam Computing and the Kerala Sahitya Akademi.

For details, contact K. Manoj, general convener of the contest (cellphone number: 9495576262).

For more details visit https://cis-india.org/news/the-hindu-january-4-2014-digitising-contest-to-preserve-rare-books-in-malayalam

Internet Privacy in India

elonnai — 2014-01-08T13:51:06Z

Internet privacy encompasses a wide range of issues and topics. It can be understood as privacy rights that an individual has online with respect to their data, and violations of the same that take place online. Given the dynamic nature of the online sphere, privacy concerns and issues are rapidly changing.

The Changing Nature of Information

For example – the way in which the internet allows data to be produced, collected, combined, shared, stored, and analyzed is constantly changing and re-defining personal data and what type of protections personal data deserves and can be given. For example, seemingly harmless data such IP address, key words used in searches, websites visited, can now be combined and analysed to identify individuals and learn personal information about an individual. From information shared on social media sites, to cookies collecting user browser history, to individuals transacting online, to mobile phones registering location data – information about an individual is generated through each use of the internet. In some cases the individual is aware that they are generating information and that it is being collected, but in many cases, the individual is unaware of the information trail that they are leaving online, do not know who is accessing the information, and do not have control over how their information is being handled, and for what purposes it is being used. For example, law enforcement routinely troll social media sites for information that might be useful in an investigation.

The Blurry Line between the Public and Private Sphere

The above example also highlights how the “sphere” of information on the internet is unclear i.e. is information posted on social media public information – free for use by any individual or entity including law enforcement, employees, data mining companies etc. or is information posted on social media – private, and thus requires authorization for further use. For example, in India, in 2013 the Mumbai police established a “social media lab” for the purposes of monitoring and tracking user behavior and activities.[1]

Authorization is not required for the lab to monitor individuals and their behavior, and individuals are not made aware of the same, as the project claims to analyze only publicly available information. Similar dilemmas have been dealt with by other countries. For example, in the U.S, individuals have contested the use of their tweets without permission,[2] while courts in the US have ruled that tweets, private and public, can be obtained by law enforcement with only a subpoena, as technically the information has been shared with another entity, and is therefore no longer private.[3] Indian Courts have yet to deal directly with the question of social media content being public or private information.

The Complication of Jurisdiction

The borderless nature of information flows over the Internet complicates online privacy, as individual's data is subjected to different levels of protection depending on which jurisdiction it is residing in. Thus, for example an Indian using Gmail, will be subject to the laws of the United States. On one hand this could be seen as a positive, if one country has stronger privacy protections than another, but could also be damaging to privacy in the reverse situation – where one company has lower privacy standards and safeguards. In addition to the dilemma of different levels of protection being provided over data as it flows through different jurisdictions, access by law enforcement to data stored in a different jurisdiction, or data from one country accessible to law enforcement because it is being processed in their jurisdiction, are two other complications that arise. These complications cannot be emphasized more than with the case of the NSA Leaks. Because Indian data was residing in US servers, the US government could access and use the data with no obligation to the individual.[4] In response to the NSA leaks, the government of India has stated that all facts need to be known before any action is taken, while citizens initially sought to hold the companies who disclosed the data to US security agencies such as Google, Facebook etc. accountable.[5]

Despite this, because the companies were acting within the legal limits of the United States where they were incorporated, they could not be held liable. In response to the dilemma, many actors in India, including government and industry are asking for the establishment of 'domestic servers'. For example, Dr. Kamlesh Bajaj, CEO of Data Security Council of India was quoted in Forbes magazine promoting the establishment of India centric social media platforms.[6] Similarly, after the PRISM scandal became public, the National Security Advisor requested the Telecom Department to only route traffic data through Indian servers.[7]

In these contexts, the internet is a driving force behind a growing privacy debate and awareness in India.

Current Policy for Internet Privacy in India

Currently, India's most comprehensive legal provisions that speak to privacy on the internet can be found in the Information Technology Act (ITA) 2000. The ITA contains a number of provisions that can, in some cases, safeguard online privacy, or in other cases, dilute online privacy. Provisions that clearly protect user privacy include: penalizing child pornography,[8]penalizing, hacking and fraud[9] and defining data protection standards for body corporate.[10]

Provisions that serve to dilute user privacy speak to access by law enforcement to user's personal information stored by body corporate[11] collection and monitoring of internet traffic data[12] and real time monitoring, interception, and decryption of online communications.[13] Additionally, legislative gaps in the ITA serve to weaken the privacy of online users. For example, the ITA does not address questions and circumstances like the evidentiary status of social media content in India, merging and sharing of data across databases, whether individuals can transmit images of their own “private areas” across the internet, if users have the right to be notified of the presence of cookies and do-not track options, the use of electronic personal identifiers across data bases, and if individuals have the right to request service providers to take down and delete their personal content.

Online Data Protection

Since 2010, there has been an increasing recognition by both the government and the public that India needs privacy legislation, specifically one that addresses the collection, processing, and use of personal data. The push for adequate data protection standards in India has come both from industry and industrial bodies like DSCI – who regard strong data protection standards as an integral part of business, and from the public, who has voiced increasing concerns that governmental projects, such as the UID, involved with collecting, processing, and using personal data are presently not adequately regulated and are collecting and processing data in such a way that abuses individual privacy. As mentioned above, India's most comprehensive data protection standards are found in the ITA and are known as the Information Technology “Reasonable security practices and procedures and sensitive personal data or information” Rules 2011.[14]

The Rules seek to provide rights to the individual with regards to their information and obligate body corporate to take steps towards protecting the privacy of consumer's information. Among other things, the Rules define “sensitive personal information' and require that any corporate body must publish an online privacy policy, provide individuals with the right to access and correct their information, obtain consent before disclosing sensitive personal information ' except in the case of law enforcement, provide individuals the ability to withdraw consent, establish a grievance officer, require companies to ensure equivalent levels of protection when transferring information, and put in place reasonable security practices. Though the Rules are the strongest form of data protection in India, they have not been recognized by the European Union as meeting the EU standards of “data secure”[15] and many gaps still exist. For example, the Rules apply only to:

Body corporate and not to the government
Electronically generated and transmitted information
A limited scope of sensitive personal information.
A body corporate when a contractual agreement is not already in place.

These gaps leave a number of bodies unregulated and types of information unprotected, and limits the scope of the Rules. It is also unclear to what extent companies are adhering to these Rules, and if they are applying the Rules only to the use of their website or if they are also applying the Rules to their core business practices.

Cyber Cafés

In 2011 the Guidelines for Cyber Café Rules were notified under the Information Technology Act. These Rules, among other things, require Cyber Café’s to retain the following details for every user for a period of one year: details of identification, name, address, contact number, gender, date, computer terminal identification, log in time, and log out time. These details must be submitted to the same agency as directed, on a monthly basis.[16] Cyber Cafes must also retain the history of websites accessed and logs of proxy servers installed at the cyber café for a period of one year.[17] Furthermore, Cyber Café’s must ensure that the partitions between cubicles do not exceed four and half feet in height from floor level.[18] Lastly, the cyber café owner is required to provide every related document, register, and information to any officer authorized by the registration agency on demand.[19] In effect, the identification and retention requirements of these rules both impact privacy and freedom of expression, as cyber cafes users cannot use the facility anonymously and all their information, including browser history, is stored on an a-priori basis. The disclosure provisions in these rules also impact privacy and demonstrate a dilution of access standards for law enforcement to users internet communications as the provision does not define:

An authorization process by which the registration agency follows to authorize individuals to conduct inspections.
Circumstances on which inspection of a Cyber Café by an authorized officer is necessary and permissible.
The process for which information can be requested, and instead vaguely requires cyber café owners to disclose information “on demand”.

Online Surveillance and Access

The ITA also allows for the interference of user privacy online by defining broad standards of access to law enforcement and security agencies, and providing the government with the power to determine what tools individuals can use to protect their privacy. This is most clearly demonstrated by provisions that permit the interception, monitoring, and decryption of digital communications[20] provide for the collection and monitoring of traffic data[21] and allow the government to set the national encryption standard.[22] In particular, the structure of these provisions and the lack of safeguards incorporated, serve as a dilution to user privacy. For example, though these provisions create a framework for interception they are missing a number of internationally recognized safeguards and practices, such as notice to the individual, judicial oversight, and transparency requirements. Furthermore, the provisions place extensive security and technical obligations on the service provider – as they are required to extend all facilities necessary to security agencies for interception and decryption, and hold the service provider liable for imprisonment up to seven years for non-compliance. This creates an environment where it is unlikely that the service provider would challenge any request for access or interception from law enforcement. Interception is also regulated through provisions and rules under the Indian Telegraph Act 1885 and subsequent ISP and UAS licenses.

Scope of Surveillance and Access

The extent to which the Government of India lawfully intercepts communications is not entirely clear, but in 2011 news items quoted that in the month of July 8,736 phones and e-mail accounts were under lawful surveillance.[23]

Though this number is representative of authorized interception, there have been a number of instances of unauthorized interceptions that have taken place as well. For example, in 2013 it was found that in Himachel Pradesh 1371 phones were tapped based on verbal approval, while the Home Ministry had only authorized interception of 170.[24] This demonstrates that there are instances of when existing safeguards for interception and surveillance are undermined and highlights the challenge of enforcement for even existing safeguards.

Demonstrating the tensions between right to privacy and governmental access to communications, and at the same time highlighting the issue of jurisdiction was the standoff between RIM/BlackBerry and the Indian Government. For several years, the Indian Government has requested that RIM provide access to the company’s communication traffic, both BIS and BES, as Indian security agencies have been unable to decrypt the data. Solutions that the Indian Government has proposed include: RIM providing the decryption keys to the government, RIM establishing a local server, local ISPs and telcos developing an indigenous monitoring solution. In 2012, RIM finally established a server in Mumbai and in 2013 provided a lawful interception solution that satisfied the Indian Government.[25]

The implementation of the Central Monitoring System by the Indian Government is another example of the Government seeking greater access to communications. The system will allow security agencies to bypass service providers and directly intercept communications. It is unclear if the system will provide for the interception of only telephonic communications or if it will also allow for the interception of digital communications and internet traffic. It is also unclear what checks and balances exist in the system. By removing the service provider from the equation the government is not only taking away a potential check, as service providers can resist unauthorized requests, but it is also taking away the possibility for companies to be transparent about the interception requests that they comply with.

Future frameworks for privacy in India: The Report of the Group of Experts on Privacy

In October 2012 the Report of the Group of Experts on Privacy was published by a committee of experts chaired by Justice A.P. Shah.[26] The report creates a set of recommendations for a privacy framework and legislation in India. Most importantly, the Report recognizes privacy as a fundamental right and defines nine National Privacy Principles that would apply to all data controllers both in the private sector and the public sector. This would work to ensure that businesses and governments are held accountable to protecting privacy and that legislation and practices found across sectors, states/governments, organizations, and governmental bodies are harmonized. The privacy principles are in line with global standards including the EU, OECD, and APEC principles on privacy, and include: notice, choice & consent, collection limitation, purpose limitation, access and correction, accountability, openness, disclosure of information, security.

The Report also envisions a system of co-regulation, in which the National Privacy Principles will be binding for every data controller, but Self Regulatory Organizations at the industry level will have the option of developing principles for that specific sector. The principles developed by industry must be approved by the privacy commissioner and be in compliance with the National Privacy Principles. In addition to defining principles, the Report recommends the establishment of a privacy commissioner for overseeing the implementation of the right to privacy in India and specifies that aggrieved individuals can seek redress either through issuing a complaint the privacy commissioner or going before a court.

The nine national privacy principles include:

Notice: Principle 1: Notice

A data controller shall give simple to understand notice of its information practices to all individuals, in clear and concise language, before any personal information is collected from them. Such notices should include:

During Collection

What personal information is being collected;
Purposes for which personal information is being collected;
Uses of collected personal information;
Whether or not personal information may be disclosed to third persons;
Security safeguards established by the data controller in relation to the personal information;
Processes available to data subjects to access and correct their own personal information;
Contact details of the privacy officers and SRO ombudsmen for filing complaints.

Other Notices
Data breaches must be notified to affected individuals and the commissioner when applicable. Individuals must be notified of any legal access to their personal information after the purposes of the access have been met. Service providers would have to explain how the information would be used and if it may be disclosed to third persons such as advertisers, processing Individuals must be notified of changes in the data controller’s privacy policy. Any other information deemed necessary by the appropriate authority in the interest of the privacy of data subjects.

Example of Implementation: A telecom service provider must make available to individuals a privacy policy before any personal information is collected by the company. The notice must include all categories of information as identified in the principle of notice. For example, the service provider must identify the types of personal information that will be collected from the individual from the initial start of the service and during the course of the consumer using the service. For a telecom service provider this could range from name and address to location data. The notice must identify if information will be disclosed to third parties such as advertisers, processers, or other telecom companies. If a data breach that was the responsibility of the company takes place, the company must notify all affected customers. If individuals have their personal data accessed or intercepted by Indian law enforcement or for other legal purposes, they have the right to be notified of the access after the case or other purpose for the data has been met.

Principle 2: Choice and Consent

A data controller shall give individuals choices (opt-in/opt-out) with regard to providing their personal information, and take individual consent only after providing notice of its information practices. Only after consent has been taken will the data controller collect, process, use, or disclose such information to third parties, except in the case of authorized agencies. When provision of information is mandated by law, it should be in compliance with all other National Privacy Principles. Information collected on a mandatory basis should be anonymized within a reasonable timeframe if published in public databases. As long as the additional transactions are performed within the purpose limitation, fresh consent will not be required. The data subject shall, at any time while availing the services or otherwise, also have an option to withdraw his/her consent given earlier to the data controller. In such cases the data controller shall have the option not to provide goods or services for which the said information was sought if such information is necessary for providing the goods or services. In exceptional cases, where it is not possible to provide the service with choice and consent, then choice and consent should not be required.

Example of implementation: If an individual is signing up to a service, a company can only begin collecting, processing, using and disclosing their data after consent has been taken. If the provision of information is mandated by law, as is the case for the census, this information must be anonymized after a certain amount of time if it is published in public databases. If there is a case where consent is not possible, such as in a medical emergency, consent before processing information, does not need to be taken.

Principle 3: Collection Limitation

A data controller shall only collect personal information from data subjects as is necessary for the purposes identified for such collection, regarding which notice has been provided and consent of the individual taken. Such collection shall be through lawful and fair means.

Example of Implementation: If a bank is collecting information to open an account for a potential customer, they must collect only that information which is absolutely necessary for the purpose of opening the account, after they have taken the consent of the individual.

Principle 4: Purpose Limitation

Personal data collected and processed by data controllers should be adequate and relevant to the purposes for which they are processed. A data controller shall collect, process, disclose, make available, or otherwise use personal information only for the purposes as stated in the notice after taking consent of individuals. If there is a change of purpose, this must be notified to the individual. After personal information has been used in accordance with the identified purpose it should be destroyed as per the identified procedures. Data retention mandates by the government should be in compliance with the National Privacy Principles.

Example of Implementation: If a bank is collecting information from a customer for opening a bank account, the bank can only use that information for the purpose of opening the account and any other reasons consented to. After a bank has used the information to open an account, it must be destroyed. If the information is retained by the bank, it must be done so with consent, for a specific purpose, with the ability of the individual to access and correct the stored information, and in a secure fashion.

Principle 5: Access and Correction

Individuals shall have access to personal information about them held by a data controller; shall be able to seek correction, amendments, or deletion such information where it is inaccurate; be able to confirm that a data controller holds or is processing information about them; be able to obtain from the data controller a copy of the personal data. Access and correction to personal information may not be given by the data controller if it is not, despite best efforts, possible to do so without affecting the privacy rights of another person, unless that person has explicitly consented to disclosure.

Example of Implementation: An individual who has opened a bank account, has the right to access the information that was initially provided and subsequently generated. If there is a mistake, the individual has the right to correct the mistake. If the individual requests information related to him that is stored on a family member from the bank, the bank cannot disclose this information without explicit consent from the family member as it would impact the privacy of another.

Principle 6: Disclosure of Information

A data controller shall only disclose personal information to third parties after providing notice and seeking informed consent from the individual for such disclosure. Third parties are bound to adhere to relevant and applicable privacy principles. Disclosure for law enforcement purposes must be in accordance with the laws in force. Data controllers shall not publish or in any other way make public personal information, including personal sensitive information.

Example of Implementation: If a website, like a social media site, collects information about how a consumer uses its website, this information cannot be sold or shared with other websites or partners, unless notice of such sharing has been given to the individual and consent has been taken from the individual. If websites provide information to law enforcement, this must be done in accordance with laws in force, and cannot be done through informal means. The social media site would be prohibited from publishing, sharing, or making public the personal information in any way without obtaining informed consent.

Principle 7: Security

A data controller shall secure personal information that they have either collected or have in their custody, by reasonable security safeguards against loss, unauthorised access, destruction, use, processing, storage, modification, deanonymization, unauthorized disclosure [either accidental or incidental] or other reasonably foreseeable risks.

Example of Implementation: If a company is a telecommunication company, it must have security measures in place to protect customers communications data from loss, unauthorized access, destruction, use, processing, storage, modification, denanonmyization, unauthorized disclosure, or other forseeable risk. This could include encrypting communications data, having in place strong access controls, and establishing clear chain of custody for the handling and processing communications data.

Principle 8: Openness

A data controller shall take all necessary steps to implement practices, procedures, policies and systems in a manner proportional to the scale, scope, and sensitivity to the data they collect, in order to ensure compliance with the privacy principles, information regarding which shall be made in an intelligible form, using clear and plain language, available to all individuals.

Example of Implementation: If a hospital is collecting and processing personal information of, for example, 1,000 patients, their policies and practices must reflect and be applicable to the amount, sensitivity, and nature of information that they are collecting. The policies about the same must be made available to all individuals – this includes individuals of different intelligence, skill, and developmental levels.

Principle 9: Accountability

The data controller shall be accountable for complying with measures which give effect to the privacy principles. Such measures should include mechanisms to implement privacy policies; including tools, training, and education; external and internal audits, and requiring organizations or overseeing bodies extend all necessary support to the Privacy Commissioner and comply with the specific and general orders of the Privacy Commissioner.

Example of Implementation: To ensure that a hospital is in compliance with the national privacy principles, it must undertake activities like running trainings and providing educational information to employees on how to handle patient related information, conducting audits, and establishing an officer or body for overseeing the implementation of privacy.

Public Discourses on Privacy

In India, there have been a number of important discourses related to privacy around various projects and topics. These discourses have been driving public awareness about privacy in India, and represent an important indication of public perception of privacy and privacy concerns.

The Unique Identification Project

One of these discourses is a public dialogue and debate on the Unique Identification Project. Since 2009 the Government of India has been rolling out an identity scheme known as UID or Aadhaar. The scheme is applicable to all residents in India, and seeks to provide individuals with an identity based on their fingerprints, iris scans, and photograph. The project has been heavily supported by some, and at the same time, heavily critiqued by others. Of those critiquing the project, which included a Parliamentary Standing Committee on Finance,[27] privacy has been a driving force behind the concerns about the project. Arguing that not only does the UID Bill not have sufficient privacy safeguards in its provisions[28] but the design of the project and the technology of the project places individual privacy at risk. For example, the project relies on centralized storage of biometrics collected under the scheme; it does not account for or address how transaction data that is generated each time an individual identifies himself/herself with the UID will be stored, processed, and shared; and does not provide adequate security measures to protect sensitive information like biometrics.

The Human DNA Profiling Bill

In 2006 the Department of Biotechnology piloted a draft human DNA Profiling Bill with the objective of creating DNA databases at the national and regional levels, and enabling the creation and storage of DNA profiles for forensic purposes. Since 2006 there have been two more drafts of the bill released to the public, and an expert committee has been created to finalize the text of the bill. Individuals, including the Centre for Internet and Society, publicly raising concern about the bill, cite a lack of privacy safeguards in the provisions, and expansive circumstances and reasons that the bill permits the creation and storage of DNA profiles.[29]

Surveillance

For many years there has been running public discourse about the surveillance that the Indian government has been undertaking. This discourse is growing and is now being linked to privacy and the need for India to enact a privacy legislation. As discussed above, the current surveillance regime is lacking on many fronts, while at the same time the government continues to seek greater interception powers and more access to larger sets of information in more granularity. Projects like the Central Monitoring System, NATGRID, and Lawful Interception Solutions have caused individuals to question the government on the proportionality of State surveillance and ask for a comprehensive privacy legislation that also regulates surveillance.

The need for strong and enforceable surveillance provisions is not unique to India, and in 2013 the International Principles on the Application of Human Rights to the Surveillance of Communications were drafted. The principles lay out standards that ensure that surveillance is in compliance with international human rights law and serve as safeguards that countries can incorporate into their regimes to ensure the same. The principles include: legality, legitimate aim, necessity, adequacy, proportionality, competent judicial authority, due process, user notification, transparency, public oversight, integrity of communications and systems, safeguards for international cooperation, safeguards against illegitimate access. Along with defining safeguards, the principles highlight the challenge of rapidly changing technology and how it is constantly changing how information can be surveilled by governments and what information surveilled by governments, and how information can be combined and analysed to draw conclusions about individuals.

A Privacy Legislation for India

Since 2010, there has been a strong public discourse around the need for a privacy legislation in India. In November 2010, a “Privacy Approach” paper was released to the public which envisioned the creation of a data protection legislation. In 2011, the Department of Personnel and Training released a draft privacy bill that defined a privacy regime that encompassed data protection, surveillance, and mass marketing, and recognized privacy as a fundamental right.[31] In 2012 the Report of the Group of Experts on Privacy, as discussed above, was published.[32] Presently, the Department of Personnel and Training is drafting the text of the Governments Privacy Bill. In 2013, the Centre for Internet and Society drafted the Citizen’s Privacy Protection Bill – a citizen’s version of a privacy legislation for India.[33] From April 2013 – October 2013, the Centre for Internet and Society, in collaboration with the Federation of Indian Chambers of Commerce and Industry and the Data Security Council of India, held a series of seven Privacy Roundtables across India. The objective of the Roundtables was to gain public feedback to a privacy framework in India. Topics discussed during the meetings included, how to define sensitive personal information vs. Personal information, if co-regulation should be a model adopted as a regulatory framework, and what should be the legal exceptions to the right to privacy.[34]

Conclusion

Clearly, privacy is an emerging and increasingly important field in India’s internet society. As companies collect greater amounts of information from and about online users, and as the government continues to seek greater access and surveillance capabilities, it is critical that India prioritizes privacy and puts in place strong safeguards to protect the privacy of both Indians and foreigners whose data resides temporarily or permanently in India. The first step towards this is the enactment of a comprehensive privacy legislation recognizing privacy as a fundamental right. The Report of the Group of Experts on Privacy and the government considering a draft privacy bill are all steps in the right direction.

[1]. http://www.zdnet.com/in/india-sets-up-social-media-monitoring-lab-7000012758/

[2]. http://www.techdirt.com/articles/20130203/18510621869/investigative-journalist-claims-her-public-tweets-arent-publishable-threatens-to-sue-blogger-who-does-exactly-that.shtml

[3]. http://www.npr.org/blogs/alltechconsidered/2013/10/02/228134269/your-digital-trail-does-the-fourth-amendment-protect-us

[4]. http://www.bbc.co.uk/news/technology-24744695

[5]. http://www.thehindu.com/news/national/sc-to-hear-pil-on-us-surveillance-of-internet-data/article4829549.ece

[6]. http://forbesindia.com/article/checkin/indias-internet-privacy-woes/35971/1

[7]. http://www.thehindubusinessline.com/industry-and-economy/info-tech/route-domestic-net-traffic-via-india-servers-nsa-tells-operators/article5022791.ece

[8]. ITA section 67

[9]. ITA section 43, 66, and 66F

[10]. Information Technology (Reasonable security practices and procedures and Sensitive personal data or information) Rules, 2011.

[11]. Information Technology (Reasonable security practices and procedures and Sensitive personal data or information) Rules, 2011. section 6(1)

[12]. Information Technology (Procedure and Safeguards for monitoring and collection of Traffic Data or other information) Rules 2009

[13]. Information Technology (Procedure and Safeguards for intercepting, monitoring, and decryption) Rules 2009

[14]. Ibid footnote 6

[15]. Business Standard. Data secure status for India is vital: Sharma on the FTA with EU. September 3rd 2013. Available at: http://www.business-standard.com/article/economy-policy/data-secure-status-for-india-is-vital-sharma-on-fta-with-eu-113090300889_1.html

[16]. Guidelines for Cyber Cafe Rules 5(2) & 5(3). Available at: http://deity.gov.in/sites/upload_files/dit/files/GSR315E_10511(1).pdf

[17]. Guidelines for Cyber Cafe Rules 5(4)

[18]. Guidelines for Cyber Cafe Rules 5(6)

[18]. Guidelines for Cyber Café Rules 5(6)

[19]. Guidelines for Cyber Café Rules 7(1)

[20]. Ibid footnote 9

[21]. Ibid footnote 8

[22]. ITA section 84A

[23]. Jain, B. 8,736 phone and e-mail accounts tapped by different government agencies in July. September 17th 2011. Available at: http://articles.economictimes.indiatimes.com/2011-09-17/news/30169231_1_phone-tap-e-mail-accounts-indian-telegraph-act

[24]. The Economic Times. Action to be taken in ‘phone tapping’ during BJP rule: Virbhadra Singh. March 6th 2013. Available at: http://articles.economictimes.indiatimes.com/2013-03-06/news/37500338_1_illegal-phone-virbhadra-singh-previous-bjp-regime

[25]. Chaudhary, A. BlackBerry’s Tussle with Indian Govt. Finally Ends; BB Provides Interception System. http://www.medianama.com/2013/07/223-blackberrys-tussle-with-indian-govt-finally-ends-bb-provides-interception-system/

[26]. Report of the Group of Experts on Privacy. Available at: http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf

[27]. http://164.100.47.134/lsscommittee/Finance/42%20Report.pdf

[28]. http://www.indianexpress.com/news/uid-bill-skips-vital-privacy-issues/688614/

[29]. http://www.epw.in/authors/elonnai-hickok

[30]. http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/aproach_paper.pdf

[31]. http://www.iltb.net/2011/06/analysis-of-the-privacy-bill-2011/

[32]. http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf

[33]. http://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-updated-third-draft

[34]. http://cis-india.org/internet-governance/blog/national-privacy-roundtable-meetings

For more details visit https://cis-india.org/telecom/knowledge-repository-on-internet-access/internet-privacy-in-india

India's Identity Crisis

malavika — 2014-01-09T07:56:08Z

Malavika Jayaram's article was published in 2013 Internet Monitor Annual Report: Reflections on the Digital World, published by Harvard's Berkman Center for Internet and Society.

India’s Unique Identity (UID) project is already the world’s largest biometrics identity program, and it is still growing. Almost 530 million people have been registered in the project database, which collects all ten fingerprints, iris scans of both eyes, a photograph, and demographic information for each registrant. Supporters of the project tout the UID as a societal game changer. The extensive biometric information collected, they argue, will establish the uniqueness of each individual, eliminate fraud, and provide the identity infrastructure needed to develop solutions for a range of problems. Despite these potential benefits, however, critical concerns remain about the UID’s legal and physical architecture as well as about unforeseen risks associated with the linking and analysis of personal data.

The most basic concerns regarding the UID project stem from the fact that biometric technologies have never been tested on such a large population. As a result, well-founded concerns exist around scalability, false acceptance and rejection rates, and the project’s core premise that biometrics can uniquely and unambiguously identify people in a foolproof manner. Some of these concerns are based on technical issues—collecting fingerprints and iris scans “in the field,” for instance, can be complicated when a registrant’s fingerprints are eroded by manual labor or her irises are affected by malnutrition and cataracts. Other concerns relate to the project’s federated implementation architecture, which, by outsourcing collection to a massive group of private and public registrars and operators, increases the chance for data breaches, error, and fraud.

Perhaps even more vexing are concerns regarding how the UID, which promises financial inclusion (by reducing the identification barriers to opening bank accounts, for example), might in fact lead to new types of exclusion for already marginalized groups. Members of the LGBT community, for instance, question whether the inclusion of the transgender category within the UID scheme is a laudable attempt at inclusion, or a new means of listing and targeting members of their community for exclusion. More fundamentally, as more and more services and benefits are linked to the UID, the project threatens to exclude all those who cannot or will not participate in the scheme due to logistical failures or philosophical objections.

It is worth noting that the UID is not the only large data project in India. A slew of “Big Brother” projects exist: the Centralised Monitoring System (CMS), the Telephone Call Interception System (TCIS), the National Population Register (NPR), the Crime and Criminal Tracking Network and Systems (CCTNS), and the National Intelligence Grid (NATGRID), which is working to aggregate up to 21 different databases relating to tax, rail and air travel, credit card transactions, immigration, and other domains. The UID is intended to serve as a common identifier across these databases, creating a massive surveillance state. It also facilitates an ecosystem where access to goods and services, from government subsidies to drivers’ licenses to mobile phones to cooking gas, increasingly requires biometric authentication.

The UID project was originally vaunted as voluntary, but the inexorable slippery slope toward compulsory participation has triggered a series of lawsuits challenging the legality of forced enrollment and the constitutionality of the entire project. Most recently, in September 2013, India’s federal Supreme Court affirmed by way of an interim decision that the UID was not mandatory, that not possessing a UID should not disadvantage anybody, and that citizenship should be ascertained as a criteria for registering in order to ensure that UIDs are not issued to illegal immigrants. This last stipulation is particularly thorny given that the Unique Identification Authority of India (UIDAI, the body in charge of the UID project) has consistently distanced the UID from questions of citizenship under the justification that it is a matter beyond their remit (i.e., the UID is open to residents, and is not linked to citizenship). The government moved quickly to urge a modification of the order, but the Supreme Court declined to do so and will instead release its final decision after it reviews a batch of petitions from activists and others. The UIDAI approached the court, arguing that not making the UID mandatory has serious consequences for welfare schemes, but the court recently ordered the federal government, the Reserve Bank of India, and the Election Commission to delink the LPG cooking gas scheme from the UID. This is a considerable setback for the project, given that this was one of the most hyped linkages for the UID. It remains to be seen whether the court will similarly halt other attempts to make the UID mandatory.

In the meantime, the UID project is effectively being implemented in a legal vacuum without support from the Supreme Court or Parliament. The Cabinet is seeking to rectify this and has cleared a bill that would finally provide legal backing for the UID program—its previous attempt was rejected by the Standing Committee on Finance in 2010. This bill is scheduled to come up for debate during the winter session of Parliament. The bill’s progress, along with the final decision of the Supreme Court, will have far reaching consequences for the UID project’s implementation and longevity, as well as for the relationship between India’s citizens and the state.

If fully implemented, the UID system will fundamentally alter the way in which citizens interact with the government by creating a centrally controlled, technology-based standard that mediates access to social services and benefits, financial systems, telecommunications, and governance. It will undoubtedly also have implications for how citizens relate to private sector entities, on which the UID rests and which have their own vested interests in the data. The success or failure of the UID represents a critical moment for India. Whatever course the country takes, its decision to travel further toward or turn away from becoming a “database nation” will have implications for democracy, free speech, and economic justice within its own borders and also in the many neighboring countries that look to it as a technological standard bearer.

The Indian government seems to envision “big data” as a panacea for fraud, corruption, and abuse, but it has given little attention to understanding and addressing the fraud, corruption, and abuse that massive databases can themselves engender. The government’s actions have yet to demonstrate an appreciation for the fact that the matrix of identity and surveillance schemes it has implemented can create a privacy-invading technology layer that is not only a barrier to online activity but also to social participation writ large.

The lack of identification documents for a large portion of the Indian population does need to be addressed. Whether the UID project is the best means to do this—whether it has the right architecture and design, whether it can succeed without an overhaul of several other failures of governmental institutions, and whether fixing the identity piece alone causes more harm than good—should be the subject of intense debate and scrutiny. Only through rigorous threat modeling and analysis of the risks arising out of this burgeoning “data industrial complex” can steps be taken to stem the potential repercussions of the project not just for identity management, fraud, corruption, distributive justice, and welfare generally, but also for autonomy, openness, and democracy.

Click to download the article published in the annual report of Berkman's Center for Internet and Society (PDF 7223 Kb)

For more details visit https://cis-india.org/internet-governance/blog/internet-monitor-2013-malavika-jayaram-indias-identity-crisis

December 2013 Bulletin

praskrishna — 2014-02-25T13:51:47Z

Our newsletter for the month of December 2013 can be accessed below.

We at the Centre for Internet & Society (CIS) wish you all a great year ahead and welcome you to the twelfth issue of its newsletter (December) for the year 2013:

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Highlights
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The National Resource Kit team has published a draft chapter highlighting the state of laws, policies and programmes for persons with disabilities in the state of Gujarat.
Government of India has passed the National Electronic Accessibility Policy. CIS had worked with the Department of Electronics and Information Technology to formulate this policy. We bring you a brief analysis of the policy and provisions therein in a blog post.
Nehaa Chaudhari on behalf of CIS submitted comments on the Proposed WIPO Treaty for the Protection of Broadcasting Organizations to the Ministry of Human Resource Development.
CIS-A2K team has published a report highlighting the key accomplishments about the work accomplished on Konkani Wikipedia from September to December 2013.
Vipul Kharbanda has provided an analysis of the laws and regulations that apply to Bitcoin in India concluding that government can regulate Bitcoin.
We released the first documentary film (DesiSec) on cyber security in India in Bangalore on December 11.
In the module on Global Histories of the Internet (part of the Knowledge Repository on Internet Access project) Nishant Shah analyses the understanding of the internet, cyberspace and everyday life and why do we need to know the history of the internet.
The second "Institute on Internet and Society" will be held in Yashada, Pune from February 11 to 17, 2014.
As part of the Making Change project, Denisse Albornoz provides an analysis of the benefits and limitations of increasing access to information to enable citizenship and political participation.

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Jobs
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CIS is seeking applications for the posts of Program Officer (Access to Knowledge) and Program Officer (Internet Governance): http://bit.ly/1aA57K6. There are two vacancies each for these posts and these are full-time based in Delhi. To apply, please send your resume to Sunil Abraham (sunil@cis-india.org) and Pranesh Prakash (pranesh@cis-india.org) with three writing samples of which at least one demonstrates your analytic skills, and one that shows your ability to simplify complex policy issues.

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Accessibility and Inclusion
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As part of our project (under a grant from the Hans Foundation) on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India, we bring you draft chapters for the states of Madhya Pradesh and Arunachal Pradesh, and the union territory of Daman and Diu. With this we have completed compilation of draft chapters for 27 states and 5 union territories. Feedback and comments are invited from readers for the following chapter:

► National Resource Kit Chapter

The Gujarat Chapter (by Anandhi Viswanathan, December 31, 2013): http://bit.ly/Kxbg3b.

Note: All of the chapters published so far in this project are early drafts and will be reviewed and updated.

►Other

# Media Coverage

An “Advocacy” Saga and the Inspiring Legacy of Rahul Cherian (by Shamnad Basheer, Spicy IP, December 16, 2013): http://bit.ly/1a5B7sU.

# Blog Entry

National Policy on Universal Electronic Accessibility – An Analysis (by Anandhi Viswanathan, December 27, 2013): http://bit.ly/1dfCW3I.

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Access to Knowledge
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The Access to Knowledge programme addresses the harms caused to consumers and human rights, and critically examines Open Government Data, Open Access to Scholarly Literature, and Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software.

# Submission

Comments on Proposed WIPO Treaty for the Protection of Broadcasting Organizations (by Nehaa Chaudhari, December 7, 2013). CIS submitted its comments to the Ministry of Human Resource Development: http://bit.ly/1hpWeuu.

# Events Participated In

3rd Global Congress on IP and the Public Interest & Open A.I.R. Conference on Innovation and IP in Africa (organized by University of Cape Town, December 9-13, 2013). Sunil Abraham participated as a speaker in the sessions on Bridging into the Global Congress: Global Issues, Local Answers?, User Rights Track: What Medicines Can Teach Tech: Exploring Patent Pooling and Compulsory Licensing in the Indian Mobile Device Market (http://bit.ly/1f74yir), User Rights Track: Reclaiming the World Trade Organisation: A Modest Proposal for a WTO Agreement on the Supply of Global Public Goods (http://bit.ly/1f74yir), and was a keynote speaker on The Freedom Continuum (http://bit.ly/1dH1WEM). Nehaa Chaudhari also participated in this event: http://bit.ly/1bJArFJ.
Twenty-Sixth Session of the Standing Committee on Copyrights and Related Rights (organized by WIPO, Geneva, December 16 – 20, 2013). CIS gave its statement on Limitations and Exceptions for Libraries and Archives (http://bit.ly/JWnjq7) and on Limitations and Exceptions for Education, Teaching and Research Institutions and Persons with Other Disabilities (http://bit.ly/JWnjq7). Nehaa Chaudhari participated as a speaker. India and the United States introduced 6 proposals on the WIPO Broadcast Treaty: http://bit.ly/1edqvr3.

The following has been done under grant from the Wikimedia Foundation (http://bit.ly/SPqFOl). As part this project (http://bit.ly/X80ELd), we held 3 workshops in the month of December, published a detailed report of key accomplishments of the work done in Konkani Wikipedia, a report on Train the Trainer Program held in the month of October and published an article in DNA.

►Wikipedia

# Article

Telugu Wikipedia completes 10 years (by Rahmanuddin Shaik, DNA, December 16, 2013): http://bit.ly/19OAvUV. The article was edited by Rohini Lakshané.

# Report

CIS-A2K: Work Accomplished on Konkani Wikipedia (by Nitika Tandon, December 31, 2013): http://bit.ly/1l6ttmp. The report throws some light on the work accomplished on Konkani Wikipedia from September to December 2013.

# Blog Entries

First ever Train-the-Trainer Program in India (by Nitika Tandon, December 5, 2013): http://bit.ly/1euwSXt.

The following are videos of participants from the Konkani Vishwakosh Digitization project (jointly organised by CIS-A2K and Goa University) speaking on their experiences with Wikimedia projects.

Priyadarshini Tadkodkar on Konkani language (by Subhashish Panigrahi, November 17, 2013): http://bit.ly/1hldNM8. We are featuring this here as we didn’t carry this in the last newsletter.
Varsha Kavlekar on Konkani Wikipedia Incubator (by Nitika Tandon, December 12, 2013): http://bit.ly/KmxyFo.
Darshan Kandolkar on Konkani Vishwakosh Digitization Process (by Nitika Tandon, December 13, 2013): http://bit.ly/1cqKyQ2.
Darshana Mandrekar speaks on Konkani Wikipedia (by Nitika Tandon, December 16, 2013): http://bit.ly/1keWyya.
Pooja Tople on Wikimedia Projects (by Nitika Tandon, December 17, 2013): http://bit.ly/1hlbubU.

# Events Organised

You Too Can Write on Wikipedia! — Training workshop (National Institute of Tourism and Hotel Management, Gachibowli, Hyderabad, December 5, 2013): http://bit.ly/1edmx1z.
Telugu Wikipedia Training Workshop (KBN College, Vijaywada, December 16, 2013): http://bit.ly/1i8ScnL.
Kannada Wikipedia Workshop at Alvas Vishva Nudisiri Virasat (Moodabidre, December 19 – 22, 2013). Dr. U.B. Pavanaja gave a presentation about Kannada Wikipedia and also conducted a workshop on Kannada Wikipedia as a parallel track. The event was covered by Prajavani (December 22), Hosadigantha (December 22), and Deccan Herald (December 22): http://bit.ly/1dGTBkw.

# Events Co-organised

Wikipedia Orientation Workshop (organised by CIS-A2K and Christ University, Bangalore, December 2, 2013): http://bit.ly/1lrkwEy.
Wikipedia Training Session @ Tiruvur (organised by CIS-A2K and Telugu Wikipedia community, Srivahini College, Tiruvur, December 19, 2013). T. Vishnu Vardhan and Rahmanuddin Shaik conducted the workshop: http://bit.ly/1e3oQX7. It was covered by Andhraprabha (http://bit.ly/1bU5VsQ), Eenadu (http://bit.ly/19fsttf), Sakshi (http://bit.ly/1e3pQdU), and Prajasakthi (http://bit.ly/JJs7ja) on December 19, 2013.

# Event Participated In

A Wikipedia Workshop at IISC (organised by the Assamese Wikipedia community, Bangalore, December 1, 2013). CIS-A2K team and Wikipedian Shiju Alex supported this event: http://bit.ly/1dSutY2.

# Media Coverage

CIS gave its inputs for the following media coverage:

A Feature on Telugu Wikipedia (Namaste Telengana Newspaper, December 8, 2013): http://bit.ly/19Yjwj6.
Odisha: Odia Wikipedia reaching 5000 article mark! (Odisha Diary Bureau, December 17, 2013): http://bit.ly/1dGU2vc.

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Internet Governance
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CIS is doing a project (under a grant from Privacy International and International Development Research Centre (IDRC)) on conducting research on surveillance and freedom of expression (SAFEGUARDS). So far we have organised seven privacy round-tables and drafted the Privacy (Protection) Bill. This month we bring you an analysis on whether Bitcoin can be banned by the government and a blog post on misuse of surveillance powers in India. As part of its project (funded by Citizen Lab, Munk School of Global Affairs, University of Toronto and support from the IDRC) on mapping cyber security actors in South Asia and South East Asia a film DesiSec: Episode 1was screened. We also did an interview with Pranesh Prakash on cyber security. With this we have completed a total of 13 video interviews so far:

# Analysis

Can Bitcoin Be Banned by the Indian Government? (by Vipul Kharbanda, December 24, 2013): http://bit.ly/1lJrnGF.

# Blog Entries

Misuse of Surveillance Powers in India (Case 1) (by Pranesh Prakash, December 6, 2013): http://bit.ly/1donbaJ.
Brochures from Expos on Smart Cards, e-Security, RFID & Biometrics in India (by Maria Xynou, December 18, 2013): http://bit.ly/1f714fN.
India’s Identity Crisis (by Malavika Jayaram, December 31, 2013 Internet Monitor Annual Report: Reflections on the Digital World, published by Harvard's Berkman Center for Internet and Society): http://bit.ly/1lTRuuz.

# Upcoming Events

Digital Citizens: Why Cyber Security and Online Privacy are Vital to the Success of Democracy and Freedom of Expression (CIS, Bangalore, January 14, 2014): http://bit.ly/KucEU5. Michael Oghia will give a talk.
CPDP 2014 Reforming Data Protection: The Global Perspective (Brussels, January 22 – 24, 2014): http://bit.ly/KsgCws.
Nullcon Goa Feb 2014 — International Security Conference (organised by Nullcon, Bogmallo Beach Resort, Goa, February 12 – 15, 2014). CIS is one of the sponsors for this event: http://bit.ly/1lrBu5I.

# Events Organised

Big Democracy: Big Surveillance - A talk by Maria Xynou (CIS, Bangalore, December 3, 2013): http://bit.ly/19YnA31.
DesiSec: Episode 1 - Film Release and Screening (CIS, December 11, 2013): http://bit.ly/1lJt2fm.
Legal Issues pertaining to Cloud Computing (NLSIU Campus, Bangalore, December 14-15, 2013): http://bit.ly/1cvcmGq.
Biometrics or Bust? Implications of the UID for Participation and Inclusion (CIS, Bangalore, January 10, 2014). Malavika Jayaram will give a talk: http://bit.ly/1lJZhuK.

# Events Participated In

Convention on Crisis of Capitalism and brazen onslaught on Democracy (organized by INSAF, December 6, 2013). Snehashish Ghosh participated as a speaker: http://bit.ly/1gAxmNy.
International View of the State-of-the-Art of Cryptography and Security and its Use in Practice (IV) (jointly organized by Microsoft Research India, Indian Institute of Science, and Indian Institute of Technology Madras, December 6, 2013). Sunil Abraham was a panellist: http://bit.ly/1eAXl5t.
Technology in Government and Topics in Privacy (organized by Data Privacy Lab, CGIS Cafe, Cambridge Street, Harvard University Campus, December 9, 2013). Malavika Jayaram participated as a speaker on Biometrics in Beta – India's Identity Experiment: http://bit.ly/1bJDqht.
Cyberscholars Working Group at MIT (organized by the Berkman Center for Internet & Society, Harvard University, December 12, 2013): Malavika Jayaram made a presentation on Biometrics or Bust - India’s Identity Crisis: http://bit.ly/1eIpHef.
Seventh NLSIR Symposium on “Bridging the Security-Liberty Divide” (organised by National Law School, Bangalore, December 21-22). Chinmayi Arun and Bhairav Acharya were speakers at this event: http://bit.ly/1gjsxYe.

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News & Media Coverage
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CIS gave its inputs to the following media coverage:

MongoDB startup hired by Aadhaar got funds from CIA VC arm (by Lison Joseph, Economic Times, December 3, 2013): http://bit.ly/1f77bRg.
A Three-Way Race Draws Delhi’s Young, and Everyone Else, Out to Vote (by Betwa Sharma, New York Times, December 4, 2013): http://bit.ly/1gAxoFf.
India for UN body to resolve internet governance issues (by Kim Arora, The Times of India, December 5, 2013): http://bit.ly/JWESqe.
Card transactions with Aadhaar validation need more time: experts (by Kirti V. Rao and Moulishree Srivastava, Livemint, December 5, 2013): http://bit.ly/1hq35UL.
Indian government wakes up to risk of Hotmail, Gmail (originally published by AFP, December 7, 2013): http://bit.ly/19LrlOS. This was also mirrored in The Times of India (http://bit.ly/1hpYEJu), Reuters (http://bit.ly/1gaHhZk), Dawn (http://bit.ly/1azuV95), NDTV (http://bit.ly/19Ys7lS), Yahoo News (http://yhoo.it/JCSreE), The Malaysian Insider (http://bit.ly/1eAPAMW) and Asia One Digital (http://bit.ly/JWuw9R). A slightly modified version was published by Silicon India on December 11: http://bit.ly/1gAtzjd.

# Announcement

Pranesh Prakash has been elected as the Asia-Pacific representative to the executive committee of the NonCommercial Users Constituency (NCUC) (part of the Non-Commercial Stakeholders Group, which is in turn part of the Generic Names Supporting Organization, which is in turn part of ICANN): http://bit.ly/KuIVeC.

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Telecom
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Shyam Ponappa, a Distinguished Fellow at CIS is a regular columnist with the Business Standard. The articles published on his blog Organizing India Blogspot is mirrored on our website:

# Newspaper Column

For a Telecom Revival (by Shyam Ponappa, Business Standard, December 4, 2013 and Organizing India Blogspot, December 5, 2013): http://bit.ly/1avRDii.

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Digital Humanities
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CIS is building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia:

# Blog Entry

The Conflict of Konigsberg (by Anirudh Sridhar, December 17, 2013): http://bit.ly/1cEXhhU.

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Digital Natives
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CIS is doing a research project titled “Making Change”. The project will explore new ways of defining, locating, and understanding change in network societies. Having the thought piece 'Whose Change is it Anyway' as an entry point for discussion and reflection, the project will feature profiles, interviews and responses of change-makers to questions around current mechanisms and practices of change in South Asia and South East Asia:

►Making Change Project

# Blog Entries

Tactical Technology: Information is Power? (by Denisse Albornoz, December 26, 2013): http://bit.ly/1cEUrcY.
Tactical Technology: Designing Activism (by Denisse Albornoz, December 27, 2013): http://bit.ly/1a9IuzH.

►Other

# Newspaper Column

Digital Native (by Nishant Shah, Indian Express, December 22, 2013): http://bit.ly/1f7mU2P.

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Knowledge Repository on Internet Access
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CIS in partnership with the Ford Foundation is executing a project to create a knowledge repository on Internet and society. This repository will comprise content targeted primarily at civil society with a view to enabling their informed participation in the Indian Internet and ICT policy space. The repository is available at the Internet Institute website: http://bit.ly/1iQT2UB.

# Upcoming Event

Institute on Internet and Society (organised by Ford Foundation and CIS, Yashada, Pune, February 11-17, 2014): http://bit.ly/180mQi9. Registrations are closed for this event.

# Modules

History of the Internet: Building Conceptual Frameworks (by Nishant Shah, December 31, 2013): http://bit.ly/19WRHLb.
Internet Privacy in India (by Elonnai Hickok, December 31, 2013): http://bit.ly/19SNk6v.

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About CIS
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The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

► Follow us elsewhere

Twitter:https://twitter.com/CISA2K
Facebook group: https://www.facebook.com/cisa2k
Visit us at:https://meta.wikimedia.org/wiki/India_Access_To_Knowledge
E-mail: a2k@cis-india.org

► Support Us

Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.

► Request for Collaboration:
We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org. To discuss collaborations on Indic language wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org.

CIS is grateful to its donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/december-2013-bulletin

History of the Internet: Building Conceptual Frameworks

nishant — 2014-01-08T07:56:16Z

In this module Nishant Shah analyses the understanding of the Internet, cyberspace and everyday life and why do we need to know the history of the internet.

Introduction: Understanding the Internet

Let’s begin at the beginning. Before we get into the history of the Internet, it might be a good thing to try and figure out what the Internet is and what exactly are we talking about when we say ‘Internet’. Let’s take a moment and figure out what the Internet is. If you pause right now, and try and define the Internet it is going to be tricky. However, if you look at other media and communication technologies you realise that the same is true for all the other technologies that you daily deal with. Try and define what a book is. Or, what is a film? It is one of the signs that a technology has become internal, personal and ubiquitous that it becomes transparent. It doesn’t require us to think about how it works. Almost like magic, the technologies just ease our way into life and perform crucial tasks of everyday living, without really making their internal mechanics transparent. So it is highly possible that unless you are trained in technologies, you have a vague idea of what the Internet is and how it works.

At a very basic level, the Internet is a network of computers that are able to talk to each other using a protocol that is popularly known as the TCP/IP suite. That is it. At a most cursory level, that is all there is to the Internet. An extensive network – even a network of network – that makes it possible for billions of users across the globe, to exchange information using digital data, in asynchronous and distributed forms. And this has been historically the case. The origins of the Internet are in military and state funded research in the United States of America in 1960s, where they were developing robust communication networks that could account for redundancy – which is to say that they wanted a network which would function even when particular nodes fell out of service, or certain flow-lines within the network were blocked. A history of the Internet then, will be a history of its technological development – the different protocols, programmes and innovations that allowed for this network to grow out of the defense research labs in the 1960s, be used extensively in American and European academia in the 1980s and then made available to the public in the 1990s. So that is one history that we might need to look at. It is a technological history of the Internet, that allows us to understand what the challenges, strengths, weaknesses and vulnerabilities of the Internet technologies have been and how we have constantly innovated to meet these problems and aspirations.

However, as you can imagine, that is a technical history of technology which is well documented, well, on the Internet. A look at the page on Wikipedia[1] will show you all the different technological, institutional and digital innovations that have shaped the Internet from its early days residing on the ARPANET to the global phenomenon that we know now. It is a history of facts and dates, names and numbers and it is easily accessible to anybody who wants to look at the different institutions, technologies and conversations shaped what we understand as the Internet today. You might also want to look at these three different accounts of that history to get the facts,[2] anecdotes[3] and stories[4] in order.

You will realise from the sources that the Internet is the backbone of our digital experience. It hosts a vast range of services, like peer-2-peer networks, voice and text chats, hypertext documents, and indeed, the most prominent of them all – the World Wide Web. We need to understand that the Internet is thus larger than the World Wide Web and what we have access to, using the WWW, is a very small subset of this larger global digital network. To know the structure of the internet, how it is governed, what are the different inequities, vulnerabilities and problems it creates are important to study because they give us an entry point into understanding how the technological and technical choices that are made affect and impact our everyday concerns around questions of privacy, identity, access, usage, affordability, accessibility etc. These are questions that often get addressed under the rubric of Internet Governance[5] and will be dealt with in the subsequent sessions for this Institute that expand upon the Infrastructure and Institutions that govern the Internet[6] In the meantime, I want to begin with the personal. Instead of beginning with the technological, I want to begin with our everyday experiences on the Internet, and particularly of this thing that we call cyberspace.

Pinning down Cyberspace

Let’s take a pause and try and answer a hard question: What is Cyberspace? If you thought that defining the Internet was tough, you will quickly realise that defining Cyberspace is going to be even tougher. We know when we are on cyberspace. We use it across a variety of devices and interfaces. We think of ourselves as connected and online for most of our waking (and sleeping) hours. Cyberspace is right there – You will be able to point to it, give examples, even talk about what it facilitates. For example, cyberspace is a virtual space created by digital communication and connection. Or cyberspace is a repository of information that people create globally using computing technologies. Or cyberspace is a space where people manage their social networks. These are all different instances of cyberspace and indicate the wide variety of things that we do when we are online, but they don’t necessarily tell us what cyberspace is.

Like all good things, the origins of the word cyberspace are actually in Science Fiction. William Gibson in his iconic cyberpunk novel ‘NeuroMancer’ (1984), first coined the word cyberspace and defined it thus:

Cyberspace: A consensual hallucination experienced daily by billions of legitimate operators in every nation, by children being taught mathematical concepts... A graphic representation of data abstracted from the banks of every computer in the human system. Unthinkable complexity. Lines of light ranged in the nonspace of the mind, clusters and constellations of data. Like city lights, receding.

While there are several critiques of Gibson’s description of the word, we must remember that it is fiction and look at it to see what are the conceptual complexities that Gibson is throwing up that are now being discussed in contemporary debates. I want to highlight three things that Gibson’s definition brings up, which might be important to understand how deal and engage with cyberspace.

Consensual hallucination – This is probably one of the strongest and the strangest ways of talking about cyberspace. A hallucination is something that happens in your head. It is a space of virtuality. It is an event that nobody except for the one individual who claims it, can verify. It is thus, categorically the non-real. However, a consensual hallucination is a mystifying thing.

Let’s say that you propose that from this moment on, you are a dog (even though, as the cartoon famously says, on the internet nobody knows you are a dog). If you were to stand up in your social circles and announce that you are a dog, it would lead to some strange reactions. If you persisted in acting like a dog and responding only to a dog, chances are that you might be put into a mental asylum to be treated of this hallucination. However, if everybody else in the room consented that you are a dog, and indeed, they are all, also dogs, then your hallucination becomes real. It gains valence. It has legitimacy. It becomes a norm.

Gibson, in positing cyberspace as a ‘consensual hallucination’ is reminding us that this is indeed, the very way in which our reality is constructed. For instance, think of the colour blue. Now try and figure out how the blue that you are thinking about and the blue that I am thinking about is the same blue. We can’t verify that we are all talking about the same blue. And yet, there is a consensus among us that there is a blueness to the colour blue that we all refer to when we think of the colour blue.

Reality is a process of consensual hallucination. So is Cyberspace. Which mean that instead of making the distinction between the real and the virtual, or trying to figure out what is real and what is not, it is more fruitful for us to engage with the idea that the virtual is a part of the real. There are various processes – social, cultural, political, economic, and governmental – that structure and validate our reality. And hence, reality is always changing. The science fiction futures that were dreamt in the last century are the present times that we live in. The idea of consensual hallucination, takes us away from a debate about Virtual Reality and Real Life (VR – RL) that has been endemic to the conversations around cyberspace. Following Gibson’s lead I would encourage us, not to think of cyberspace in terms of the virtual or the unreal, but as a constitutive and generative part of our reality.
A graphic representation of abstracted data: The use of the term ‘space’ is often bewildering in Gibson’s coinage because it does not really seem to appear in the definition. Space, as we understand it, is a location metaphor. It refers to spatial dimensions of a thing. It gives us a sense of fixity. However, these are all expectations of physical space. The ‘space’ in cyberspace has more in common with the abstract concepts of space in mathematics and metaphors rather than in terms of geography and location.

We need to understand that even in geographical terms, space is an abstraction of sorts. Space is the virtual or perceived usage, volume and experience of place. If you have a piece of land, that is the place of that land. The place is geographically present. It can be materially touched and located. However, the space is what you attribute to that piece of land. It is defined by the intentions and aspirations, by what is allowed and what is not. Space is a philosophical concept. Which is why, in everyday talk, when you say, ‘I need some space’, you don’t necessarily mean that you need geographical isolation, but often refers to the head-space that is less tangible.

Similarly, the space in Cyberspace, even though it has been often used to talk about the space on the network that connects different webpages, or the immersive environments that role playing games offer, or the virtual communities on social networking sites like Facebook, it is important to remember that space is an abstraction. And cyberspace thus is not the actual mechanics and nitty-gritties of technology but what is built because of those interactions.

Bruce Sterling, in his introduction to The Hacker Crackdown quite evocatively explains this: ‘Cyberspace is the "place" where a telephone conversation appears to occur. Not inside your actual phone, the plastic device on your desk. Not inside the other person's phone, in some other city. The place between the phones. [...] in the past twenty years, this electrical "space," which was once thin and dark and one-dimensional—little more than a narrow speaking-tube, stretching from phone to phone—has flung itself open like a gigantic jack-in-the-box. Light has flooded upon it, the eerie light of the glowing computer screen. This dark electric netherworld has become a vast flowering electronic landscape. Since the 1960s, the world of the telephone has cross-bred itself with computers and television, and though there is still no substance to cyberspace, nothing you can handle, it has a strange kind of physicality now. It makes good sense today to talk of cyberspace as a place all its own.”
Non-space of the mind: In the cyberpunk universe of the novel Neuromancer, Gibson makes a difference between cyberspace and meat-space. There is a definite privileging of cyberspace, which is the world of seduction, adventure, excitement and entertainment. The meat-space, where our biological bodies survive and live, is in a state of collapse and disrepair. This bleak vision of the biological as disintegrating and the digital as becoming the primary mode of existence has been espoused by various science fiction and fantasy narratives. For all of us who have seen The Matrix, we are familiar with this idea that slowly and singularly, we are moving towards creating digital lives which are gaining precedence over our ‘real’ lives.[7] Especially when it comes to the discourse around digital objects, this hierarchy of dismissing the biological and the real over the virtual and the digital is often reinforced. However, Gibson was already reminding us, with the ‘non-space of the mind’ that the digital and the biological are not as separate or discrete as we would have liked to imagine. Let us look at what the ‘non-space’ can mean. For this, we might have to look at two different conceptual moves in philosophy.

The first is a distinction between the brain and mind. It is obvious that the brain and the mind are not the same thing. The brain is the biological organ in our cranial cavity. It is made up on cells and neurons, flesh and blood, so to speak. It is what the artificial intelligence scholar Andy Clark calls ‘a skin bag’. The brain performs various functions that keep our body alive and sapient. The mind, is an abstraction of the brain. The mind is our thoughts, memories, associations, feelings, and all the other things that make us human. The brain might support the mind but they are not the same. I hope that this is beginning to sound familiar to us – that the brain-mind relationship is the same as we have mapped out for Internet-Cyberspace. Just like cyberspace is an abstraction of data that we have consented to be real, the mind is also an abstraction that encapsulates the interiority of our selves.
The second is an understanding of binaries and opposites. We are designed, as human beings (even though we attribute this to the digital machines) to think in binaries. Black-White, Good-Bad, Day-Night. This is the way in which our cultures have been built. We think of the positive and the negative and create a spectrum in between to understand our world. These binaries are often confused with being opposites. So we would say that the opposite of Black is white. Or that the opposite of Day is Night. However, in the study of Logics, we are taught that the binary is not the same as opposite. All the way back in history, Aristotle had already posited that it is a fallacy to mistake a binary for an opposite. So, for instance the binary opposition of ‘day’ might be ‘night’, but the logical opposite of ‘day’ is ‘non-day’. Or to make it simpler, the binary opposition of the colour ‘black’ is ‘white’. However, the logical opposite of ‘black’ is ‘non-black’ and hence every other colour that is not black, is its logical opposite. We go through this to realise that in the brain-mind mapping, the brain is the place. The mind is the non-brain, or the space. And then the non-space of the mind, is the brain all over again. Gibson does this recursive negation to remind us that the things that happen in cyberspace have direct consequences on meatspace. What happens in cyberspace directly affects the non-space of our bodies, our lived realities and experiences.

Cyberspace and Everyday Life

It is important to begin with the definition that Gibson offered because it informs a lot of the debates that happened historically, around cyberspace and how we understand it. However, it also allows us to side-step these debates because they are not fruitful. They reinforce the idea that the internet and cyberspace are removed from our reality, that they are technological concerns rather than human, social and political concerns, and they insist that the internet and cyberspace are in opposition to being human. These ideas produce accounts of the internet and cyberspace which, for me, are fruitless. The leads from Gibson’s definition, instead, allow us to understand the internet and cyberspace as deeply implicated in our conditions of being human, being social and being political. They offer us a different way of rewriting the history of the Internet, not merely as a linear narrative of the technological advancements, but as a rich and complex account of how the internet and cyberspace have shaped and been shaped by the social, cultural and political milieu that they have emerged in.

And so, we approach the history of the internet in a different way. Instead of looking at the Internet as a technology, we deal with the Internet in its many forms, through cyberspace and our everyday engagement with it. Or, rather, we formulate the history of Internet & Society, thus trying to look at the ways in which the emergence of digital technologies – Internet and cyberspace – have led to questioning the ways in which understand our personal, social and political lives, and how, in-turn they have been changed through the various contexts that we live in.

Why do we need the history of the Internet?

So here is the million dollar question. Why do we need to study the history of the Internet? And if we do, for what do we need to study the history of the internet? These are both important questions and this is where I am hoping we will be able to start a critical inquiry into our own engagement with the topic.

Let us begin by questioning the very structure of history writing. What does it mean to write the history of an particular object? If we were to write, let’s say, the history of a particular building. How far in time will we go? And in what minutiae shall we record it? Shall we begin by saying, how, once where the building stood, there was a tree. And on that trees, there were leaves. The first leaf fell. The second leaf fell. The third leaf fell. It could fill up pages documenting every leaf that fell, before we even come to the building. So we know that when we write the history of a particular object, person or phenomenon, there is a very clear notion of where the history began. But we also know that if, we had an interest in the ecological history of the building, we might have actually spent time looking at that tree and its falling leaves. Which means that what constitutes history also has to do with our intentions of writing it.

And then the last point about this brief capsule on history writing that I want to make, is that history of things does not mean that we focus only on the thing. If we were to look at the cultural significance of the building under question, for example, we would talk to the society that engages with it, the people who occupy it, and the ways in which it shapes the fabric of the space and time. So history is often a large canvas – it might keep one particular object in question, but it also weaves in the complex structure of processes and flows that surround that particular object of study.

There is a rich scholarship about the problems, structures and processes of history writing. But these three points are important for us to think through why we want to delve into the history of the internet. Where do we begin? What do we study? And why do we study what we study? The minute you put these questions out, you start realising that there can be no definitive history of the internet. There can definitely not be just one history of the internet. And that the history of the internet is as much about the world as it is about the technological, but the technological only becomes a lens or an entry point into unravelling the various questions that are a part of our personal and professional lives. So we are not looking at imparting the one authoritative history of the internet. Instead, I am proposing, for this module to introduce you to different ways of thinking about the history of the internet.

We are going to begin by looking at not the Internet – but cyberspace.

We are going to examine the intersections of cyberspace with three different objects and try and see how the debates at that intersection help us to define and entry point into the rich discourse around Internet & Society.

The body in cyberspace

Perhaps one of the most interesting histories of the cyberspace has been its relationship with the body. Beginning with the meatspace-cyberspace divide that Gibson introduces, the question of our bodies’ relationship with the internet has been hugely contested. There have been some very polarized debates around this question. Where are we when we are online? Are we the person in the chair behind an interface? Are we the avatar in a social networking site interacting with somebody else? Are we a set of data running through the atmosphere? Are we us? Are we dogs? These are tantalising and teasing questions.

Early debates around the body-technology questions were polarized. There were people who offered that the cyberspace is a virtual space. What happens in that make-believe, performative space does not have any direct connections with who we are and how we live. They insisted that the cyberspace is essentially a performance space, and just like acting in a movie does not make us the character, all our interactions on the internet are also performances. The idea of a virtual body or a digital self were proposed, thinking of the digital as an extension of who we are – as a space that we occupy to perform different identities and then get on with our real lives.

Sherry Turkle, in her book Life on the Screen, was the first one to question this binary between the body and the digital self. Working closely with the first users of the online virtual reality worlds called Multiple User Dungeons, Turkle notes how being online started producing a different way of thinking about who we are and how we relate to the world around us. She indicates three different ways in which this re-thinking happens. The first, is at the level of language. She noticed how the users were beginning to think of their lives and their social relationships through the metaphors that they were using in the online world. So, for instance, people often thought of life through the metaphor of windows – being able to open multiple windows, performing multiple tasks and identities and ‘recycling’ them in their everyday life. Similarly, people saying that they are ‘low on bandwidth’ when they don’t have enough time and attention to devote to something, or thinking about the need to ‘upgrade’ our senses. We also are quite used to the idea that memory is something that resides on a chip and that computing is what machines do. These slippages in language, where we start attributing the machine characteristics to human beings are the first sign of understanding the human-technological relationship and history.

The second slippage is when the user start thinking of the avatars as human. We are quite used to, in our deep web lives, to think of machines as having agency. Our avatars act. Things that we do on the internet perform more actions than we have control of – a hashtag that we start on twitter gets used and responded to by others and takes on a life of its own. We live with sapient technologies – machines that care, artificial intelligence algorithms that customise search results for us, scripts and bots that protect us from malware and viruses. We haven’t attributed these kinds of human agencies to machines and technologies in the past. However, within the digital world, there is a complex network of actors, where all the actors are not always human. Bruno Latour, a philosopher of science and technology, posits in his ‘Actor Network Theory’ that the emergence of these non-human actors has helped us understand that we are not only dependent on machines and technologies for our everyday survival, but that many tasks that we had thought of as ‘human’ are actually performed, and performed better by these technologies. Hence, we have come to care for our machines and we also think of them as companions and have intimate relationships with them. And the machines, even as they make themselves invisible, start becoming more personal.

The third slippage that Turkle points out is the way in which the boundaries between the interior and the exterior were dissolved in the accounts of the users’ narratives of their digital adventures. There is a very simplistic understanding that what is human is inside us, it is sacred and organic and emotional. Earlier representational technology products like cinema, books, TV etc. have emphasised this distinction between real life and reel life. No actor is punished for the crime they commit in the narrative of a film. It is not very often that an author claims to be the character in a book. We have always had a very strong sense of distinction between the real person and the fictional person. But within the virtual reality worlds, these distinctions seem to dematerialize. The users not only thought of their avatars as human but also experienced the emotions, frustrations, excitement and joy that their characters were simulating for them. And what is more important, they claimed these experiences for themselves.

Namita Malhotra, who is a legal scholar and a visual artist, in her monograph on Pleasure, Porn and the Law, looks at the way in which we are in a process of data-stripping – constant revelation of our deepest darkest secrets and desires, within the user generated content rubric. Looking at the low-res, grainy videos on sites like YouTube and Vimeo, which have almost no narrative content and are often empty of sexual content, produce all of us in a global orgiastic setting, where our bodies are being extended beyond ourselves. In the monograph, Malhotra argues that the Internet is not merely an extension but almost like a third skin that we wear around ourselves – it is a wrapper, but it is tied, through ligaments and tendons, to the flesh and bone of our being, and often things that we do online, even when they are not sexual in nature, can become pornographic. Conversely, the physical connections that we have are now being made photographically and visually available in byte sized morsels, turned into a twitpic, available to be shared virally, and disseminated using mobile applications, thus making our bodies escape the biological containers that we occupy but also simultaneously marks our bodies through all these adventures that we have on the digital infobahn.

Case Study: A Rape in Cyberspace
A contemporary of Sherry Turkle, Julian Dibbell, in his celebrated account of ‘A Rape in Cyberspace’ [8] describes a case-study that corroborates many of the observations that Turkle posits. Dibbell analyses a particular incident that occurred one night in a special kind of MUD – LambdaMOO (MUD, Object-Oriented) – which was run by the Xerox Research Corporations. A MUD, is a text-based virtual reality space of fluid dimensions and purposes, where users could create avatars of themselves in textual representations. Actions and interactions within the MUD are also in long running scripts of texts. Of course, technically all this means that a specially designed database gives users the vivid impression of their own presence and the impression of moving through physical spaces that actually exists as descriptive data on some remotely located servers.

When users log into LambdaMoo, the program presents them with a brief textual description of one of the rooms (the coat closet) in the fictional database mansion. If the user wants to navigate, s/he can enter a command to move in a particular direction and the database replaces the original description with new ones, corresponding to the room located in the direction s/he chose. When the new description scrolls across the user’s screen, it lists not only the fixed features of the room but all its contents at that moment – including things (tools, toys, weapons), as well as other avatars (each character over which s/he has sole control). For the database program that powers the MOO, all of these entities are simply subprograms or data structures which are allowed to interact according to rules very roughly mimicking the laws of the physical world.

Characters may leave the rooms in particular directions. If a character says or does something (as directed by its user), then the other users who are located in the same ‘geographical’ region within the MOO, see the output describing the utterance or action. As the different players create their own fantasy worlds, interacting and socialising, a steady script of text scrolls up a computer screen and narratives are produced. The avatars, as in Second Life or even on Social Networking Sites like Orkut, have the full freedom to define themselves, often declining the usual referents of gender, sexuality, and context to produce fantastical apparitions. It is in such an environment of free-floating fantasy and role-playing, of gaming and social interaction mediated by digital text-based avatars, that a ‘crime’ happened.

Dibell goes on to give an account of events that unfolded that night. In the social lounge of LambdaMoo, which is generally the most populated of all the different nooks, corners, dimensions and rooms that users might have created for themselves, there appeared an avatar called Dr. Bungle. Dr. Bungle had created a particular program called Vodoo Doll, which allowed the creator to control avatars which were not his own, attributing to them involuntary actions for all the other players to watch, while the targeted avatars themselves remained helpless and unable to resist any of these moves. This Dr. Bungle, through his evil Vodoo Doll, took hold of two avatars – legba and Starsinger and started controlling them. He further proceeded to forcefully engage them in sexually violent, abusive, perverted and reluctant actions upon these two avatars. As the users behind both the avatars sent a series of invective and a desperate plea for help, even as other users in the room (# 17) watched, the Vodoo Doll made them enter into sexually degrading and extremely violent set of activities without their consent. The peals of his laughter were silenced only when a player with higher powers came and evicted Dr. Bungle from the Room # 17. As an eye-witness of the crime and a further interpolator with the different users then present, Dibbell affirms that most of the users were convinced that a crime had happened in the Virtual World of the digital Mansion. That a ‘virtual rape’ happened and was traumatic to the two users was not questioned. However, what this particular incident brought back into focus was the question of space.

Dibbell suggests that what we had was a set of conflicting approaches to understand the particular phenomenon:

Where virtual reality and its conventions would have us believe that legba and Starsinger were brutally raped in their own living room, here was the victim legba scolding Mr. Bungle for a breach of *civility* … [R]eal life, on the other hand, insists the incident was only an episode in a free-form version of Dungeons and Dragons, confined to the realm of the symbolic and at no point threatening any players life, limb, or material well-being…’

The meaning and the understanding of this particular incident and the responses that it elicited, lie in the ‘buzzing, dissonant gap’ between the perceived and experienced notion of Technosocial Space. The discussions that were initiated within the community asked many questions: If a crime had happened, where had the crime happened? Was the crime recognised by law? Are we responsible for our actions performed through a digital character on the cyberspaces? Is it an assault if it is just role playing?

The lack of ‘whereness’ of the crime, or rather the placelessness of the crime made it especially more difficult to pin it to a particular body. The users who termed the event as rape had necessarily inverted the expected notion of digital space as predicated upon and imitative of physical space; they had in fact done the exact opposite and exposed digital spaces as not only ‘bleeding into reality’ but also a constitutive part of the physical spaces. Their Technosocial Space was not the space of the LambdaMoo Room # 17 but the physical locations (and thus the bodies, rather than the avatars) of the players involved. However, this blurring was not to make an easy resolution of complex metaphysical questions. This blurring was to demonstrate, more than ever, that the actions and pseudonymous performances or narratives which are produced in the digital world are not as dissociated from the ‘Real’ as we had always imagined. More importantly, the notional simulation of place or a reference to the physical place is not just a symbolic gesture but has material ramifications and practices. As Dibell notes in his lyrical style,

‘Months later, the woman in Seattle would confide to me that as she wrote those words posttraumatic tears were streaming down her face -- a real-life fact that should suffice to prove that the words’ emotional content was no mere playacting. The precise tenor of that content, however, its mingling of murderous rage and eyeball-rolling annoyance, was a curious amalgam that neither the RL nor the VL facts alone can quite account for.’

The eventual decision to ‘toad’ Dr. Bungle – to condemn him to a digital death (a death only as notional as his crime) and his reappearance as another character take up the rest of Dibbell’s argument. Dibbell is more interested in looking at how a civil society emerged, formed its own ways of governance and established the space of LamdaMOO as more than just an emotional experience or extension; as a legitimate place which is almost as much, if not more real, than the physical places that we occupy in our daily material practices. Dibbell’s moving account of the entire incident and the following events leading the final ‘death’ and ‘reincarnation’ has now been extrapolated to make some very significant and insightful theorisations of the notions of the body and its representations online.

Exercise: Based on this case-study, break into small groups to determine whether a rape happened on cyberspace and how we can understand the relationship of our online personas with our bodies.

Cyberspace and the State
The history of body and technology is one way of approaching the history of the internet. However, as we realise, that more than the management of identity or the projection of our interiority, it is a narrative about governance. How does the body get regulated on the internet? How does it become the structure through which communities, networks, societies and collective can be imagined? The actions and transactions between the internet and the body can also help us to look at the larger questions of state, governance and technology which are such an integral part of our everyday experience of the internet. Questions of privacy, security, piracy, sharing, access etc. are all part of the way in which our practices of cultural production and social interaction are regulated, by the different intermediaries of the internet, of which the State is one.

Asha Achuthan, in her landmark work Re:Wiring Bodies[9] that looks at the history of science and technology in India, shows that these are not new concerns. In fact, as early as the 1930s and 1940s, when the architects of India’s Independence movements were thinking about shaping what the country is going to look like in the future, they were already discussing these questions. It is more popularly known that Jawaharlal Nehru was looking to build a ‘scientific temperament’ for the country and hoping to build it through scientific institutions as well as infrastructure – he is famously credited to having said that ‘dams are the temples of modern science.’ Apart from Nehru’s vision of a modern India, there was a particular conversation between M.K. Gandhi and Rabindranath Tagore, that Achuthan analyses in great detail. Achuthan argues that the dialogue between Gandhi and Tagore is so couched in ideology, poetry and spirituality that we often forget that these were actually conversations about a technology – specifically, the charkha or the spinning wheel.

For both Gandhi and Tagore, the process of nation building was centred around this one particular charkha. The charkha was the mobile, portable, wearable device (much like our smart phones) that was supposed to provide spiritual salvation and modern resources to overcome the evils of both traditional and conservative values as well as unemployment and production. The difference in Gandhi and Tagore was not whether the charkha – as a metaphor of production and socio-economic organisation – should be at the centre of our discourse. The difference was that Gandhi thought that the usage of charka, complete immersion in the activity, and the devotion to it would help us weave a modern nation For Gandhi, the citizen was not somebody who used the charkha, but the citizen was somebody who becomes a citizen in the process of using the charkha. Tagore, meanwhile, was more concerned about whether we are building a people-centred nation or a technology-centred device. He was of the opinion that building a nation with the technology at its core, might lead to an apocalyptic future where the ‘danava yantra’ or demonic machine might take over and undermine the very human values and ideals that we are hoping to structure the nation through.

If you even cursorily look at this debate, you will realise that the way Gandhi was talking about the charkha is in resonance with how contemporary politicians talk about the powers of the internet and the way in which, through building IT Cities, through foreign investment, through building a new class of workers for the IT industry, and through different confluences of economic and global urbanisation, we are going to Imagine India[10] of the future. Similarly, the caution that Tagore had, of the charkha as superseding the human, finds its echoes in the sceptics who have been afraid that the human is being forgotten[11] in the e-governance systems that are being set up, which concentrate more on management of data and information rather than the rights and the welfare of people.

This historical continuity between technology and governance, also finds theorisation in Ashish Rajadhyaksha’s book The Cultural Last Mile[12] that looks at the critical turns in India’s governance and policy history and how the technological paradigm has been established. Rajadhyaksha opens up the State-technology-governance triad to more concrete examples and looks at how through the setting up of community science centres, the building of India’s space and nuclear programmes, and through on-the-ground inventions like radio and chicken-mesh wire-loops, we have tried to reinforce a broadcast based model of governance. Rajadhyaksha proposes that the earlier technologies of governance which were at our disposal, helped us think of the nation state through the metaphor of broadcast. So we had the State at the Centre, receiving and transmitting information, and in fact managing all our conversation and communication by being the central broadcasting agency. And hence, because the state was responsible for the message of the state reaching every single person, but also responsible that every single person can hypothetically communicate with every other single person, the last mile became important. The ability to reach that last person became important. And the history of technology and governance has been a history of innovations to breach that last mile and make the message reach without noise, without disturbance, and in as clean and effective a way as possible.

With the emergence of the digital governance set up, especially with the building of the Unique Identity Project,[13] we now have the first time when the government is not concerned about breaching the last mile. The p2p networks that are supposed to manage the different flows of information mean that the State is not a central addressee of our communication but one of the actors. It produces new managers – internet service providers, telecom infrastructure, individual hubs and connectors, traditional media agencies – that help us think of governance in a new way. Which is why, for instance, with the UID authorities, we are no longer concerned about the relay of state information from the centre to the subject. Hence, we have many anecdotal stories of people enrolling for the Aadhaar card without actually knowing what benefits it might accrue them. We also have stories coming in about how there are people with Aadhaar numbers which have flawed information but these are not concerns. Because for once, the last mile has to reach the Government. The State is a collector but there are also other registrars. And there is a new regime here, where the government is now going to become one of the actors in the field of governance and it is more interested in managing data and information rather than directly governing the people.

This historical turn is interesting, because it means that we are being subjected to different kinds of governance structures and institutions, without necessarily realising how to negotiate with them to protect us. One of the most obvious examples, is the Terms of Services[14] that we almost blindly sign off when using online platforms and services and what happens when they violate rights that we think are constitutionally given. What happens when Facebook removes some content from your profile without your permission because it thinks that it is problematic? Who do you complain to? Are your rights as a user or a citizen? Which jurisdiction will it fall under? Conversely, what happens when you live in a country that does not grant you certain freedoms (of speech and expression, for instance) and you commit an infraction using a social media platform. What happens when your private utterances on your social networks make you vulnerable[15] to persecution and prosecution in your country?

These are all questions of the human, the technological, and the governmental which have been discussed differently and severally historically, in India and also at the global level. Asking these questions, unpacking the historical concerns and how they have leap-frogged in the contemporary governmental debates is important because it helps us realise that the focus of what is at stake, what it means to be human, what we recognise as fair, just and equal are also changing in the process. Instead of thinking of e-governance as just a digitization of state resources, we have to realise that there is a certain primacy that the technologies have had in the state’s formation and manifestation, and that the digital is reshaping these formulations in new and exciting, and sometimes, precarious ways.

Cyberspace and Criminality
The history of the internet in India, but also around the world, is bookended between pornography and terrorism. While there has been an incredible promise of equity, equality, fairness, and representation of alternative voices on the internet, there is no doubt that what the internet has essentially done is turn us all into criminals – pornographers, pirates, terrorists, hackers, lurkers… If you have been online, let us just take for granted that you have broken some law or the other, no matter how safe you have been online, and where you live. The ways in which the internet has facilitated peer-2-peer connections and the one-one access means that almost everything that was governed in the public has suddenly exploded in one large grey zone of illegality.

Ravi Sundaram calls this grey zone of illegal or semi-legal practices the new ‘cyberpublics’. For Sundaram, the new public sphere created by the internet is not only in the gentrified, middle-class, educated people who have access to the cyberspaces and are using social media and user generated content sites to bring about active social and political change. More often than not, the real interesting users of the internet are hidden. They access the internet from cybercafés, in shared names. They have limited access to the web through apps and services on their pirated phones. They share music, watch porn, gamble, engage in illicit and surreptitious social and sexual engagements and they are able to do this by circumventing the authority and the gaze of the law.

On the other side are the more tech savvy individuals who create alternative currencies like Bitcoin, trade for weapons, drugs and sex on SilkRoute, form guerrilla resistance groups like Anonymous, and create viruses and malware that can take over the world. These cyberpublics are not just digital in nature. They erupt regularly in the form of pirate bazaars, data swaps, and the promiscuous USB drive that moves around the machines, capturing information and passing it on further. These criminalities are often the defining point of internet policy and politics – they serve as the subjects that need to be governed, as well as the danger that lurks in the digital ether, from which we need to be protected. For Sundaram, the real contours and borders of the digital world are to be tested in an examination of these figures. Because, as Lawrence Liang suggests, the normative has already been assimilated in the system. The normative or the good subject is no longer a threat and has developed an ethical compass of what is desirable and not. However, this ethical subject also engages in illicit activities, while still producing itself as a good person. This contradiction makes for interesting stories.

DPS MMS: Case Study
One of the most fascinating cases of criminality that captured both public and legal attention was the notoriously cases where the ideas of Access were complicated in the Indian context, was the legal and public furore over the distribution of an MMS (Multi-Media Message) video that captured two underage young adults in a sexual act. The clip, which was dubbed in popular media as ‘DPS Dhamaka’ became viral on the internet. The video clip was listed on an auction (peer-2-peer) website as an e-book and as ‘Item 27877408 – DPS Girl having fun!!! Full video + Bazee points’ for Rs. 125. This visibility of the clip on the auction site Bazee.com, brought it to the eyes of the State where its earlier circulation through private circuits and P2P networks had gone unnoticed. Indeed, the newspapers and TV channels had created frenzy around it, this video clip would have gone unnoticed. However, the attention that Bazee.com drew led to legal intervention.

Following the visibility of the video clip, there was an attempt to find somebody responsible for the crime and be held liable for the ‘crime’ that had happened. Originally, Ravi Raj, a student at IIT Kharagpur, who had put up the clip on Bazee was arrested for possessing and selling pornography. He was arrested and kept in police custody for at least three days and so was the male student who made the clip. They were both made to go through proceedings in juvenile court (though he was the last to be arrested). Both the students in the video were suspended from school after the incident. Eventually, the most high profile arrest and follow up from the DPS MMS incident was the arrest of the CEO of Bazee.com – Avnish Bajaj. However, Bajaj was released soon because as the host of the platform and not its content, he had no liability.

This is the beginning of a series of slippages where a punishable body in the face of public outcry had to be identified. We witnessed a witch-hunt that sought to hold the boy who made the video clip responsible, the student of IIT who attempted to circulate the clip and eventually the CEO of Bazee. The string of failed prosecutions seems to indicate that the pornographer-as-a-person was slipping through the cracks of the legal system. As Namita Malhotra argues, it is not the pornographic object which is ‘eluding the grasp of the court’ but that it seems to be an inescapable condition of the age of the internet - that the all transactions are the same transactions, and all users are pornographers.

We can see in the case that the earlier positions that were easily criminalised when it came to objects in mass media – producer, consumer, distributor of obscenity, were vacated rapidly in the DPS MMS case. We have a case where the bodies, when looked at through simplified ideas of Access, could not be regulated. The girl in the clip could not be punished because she was the victim in the case that could be read as statutory rape. In the case of the boy, a stranger argument was posed – ‘that in our fast urbanising societies where parents don’t have time for children, they buy off their love by giving them gadgets – which makes possible certain kinds of technological conditions...thus the blame if it is on the boy, is on the larger society’ (Malhotra, 2011).

Eventually, the court held that the description of the object and the context of its presence indicates that the said obscene object is just a click away and such a ‘listing which informed the potential buyer that such a video clip that is pornographic can be procured for a price’. There is a suggestion that there was nobody in particular that could be fixed with the blame. What was at blame was access to technology and conditions of technology within which the different actors in this case were embedded. Malhotra points out that in earlier cases around pornography, judgements have held pornography responsible for itself.

In the case of the DPS MMS, it seemed that technology – especially access to technology by unsupervised persons – has taken that role. The eventual directive that came out of this case was a blanket warning issued to the public that ‘anyone found in possession of the clip would be fined and prosecuted’. It is as if the attention of the court was on the ways in which the video clip was produced, circulated and disseminated, rather than the content. There was an anxiety around peoples’ unsupervised access to digital technologies, the networks that facilitated access to content without the permission of the state, and modes of circulation and dissemination that generated high access to audiences which cannot be controlled or regulated.

The State’s interest in this case, is not in the sexual content of the material but in the way it sidesteps the State’s authorial positions and produces mutable, transmittable, and transferable products as well as conditions of access. Such a focus on practices and behaviours around the obscene object, rather than the content itself, seems not to disrupt the law’s neat sidestepping of the force of the image itself. These different tropes of access to technology informed the State’ attempt at control and containment of technosocial practices in the country, giving rise to imaginations of the User as being in conditions of technology which make him/her a potential criminal. This idea of access as transgression or overriding the legal regulatory framework does not get accounted for in the larger technology discourse. However, it does shape and inform the Information Technology regulations which are made manifest in the IT Act. The DPS MMS case complicated the notion of access and posited a potentially criminal technosocial subject who, because of access to the digital, will be able to consume information and images beyond the sanction of the law.

The DPS MMS case shows how the ways in which public discourse can accuse, blame and literally hang technology seems to diverge from how the court attempts to pin down an offence or crime and prosecute by constructing a technosocial subject as the pervert, while also accusing pornography as a phenomenon. The court is unable to hold technology to blame but the accused is technology-at-large and modernity, which subsumes practices around technology and separates out the good and ethical ways in which a citizen should access and use technologies to rise from the potentially criminal conditions of technology within which their Technosocial identity is formed.

Summary

We started by making a distinction between Internet and Cyberspace to see how the two are separate objects of focus and have a relationship that needs to be examined in greater detail. It was argued that while the Internet – in material, infrastructural and technological forms – is important to understand the different policies and politics at the local, regional and global level, it has an account that is easier to follow. Cyberspace, on the other hand, because it deals with human interactions and experiences, allows for a more complex set of approaches into understanding our engagement with the digital domain. We began with the original definitions and imaginations of cyberspace and the ways in which it founded and resolved debates about the real-virtual, the physical-digital, and the brain-mind divides which have been historically part of the cybercultures discourse.

It was proposed, hence, that instead of looking at the history of the Internet, we will look at the history of cyberspace, and see if we can move away from a straight forward historical narrative of the Internet which focuses largely on the institutions, numbers, names and technological advances. The ambition was not to just produce a similar history of cyberspace but think of conceptual frameworks through which cyberspace can be studied. The proposition was that instead of just looking at history as a neutral and objective account of events and facts, we can examine how and why we need to create histories. Also, that it is fruitful to look at the aspirations and ambitions we have in creating historical narratives.

It was then suggested that instead of trying to create a definitive history, or even a personal history of the internet, it might be more fruitful to look at the intersections that cyberspace has with different questions and concerns that have historically defined the relationship between technologies and society. 3 different conceptual frameworks were introduced as methods or modes by which this historical mode of inquiry can be initiated.

The first framework examined how we can understand the boundaries and contours of the internet and cyberspace by looking at its relationship with our bodies. The ways in which we understand our bodies, the mediation by technologies, and the extensions and simulations that we live with, help us to understand the human-technology relationship in more nuanced fashions. Looking at the case-study of a rape that happened in cyberspace, we mapped out the different ways in which we can think of a technosocial relationship.

The second framework drew from historical debates around technology and governance to see how the current concerns of e-governance and digital subjectivity are informed by older debates about technology and nation building. Looking at the dialogues between Gandhi and Tagore, and then the imagination of a nation through the broadcast technologies, we further saw how the new modes of networked governance are creating new actors, new conditions and new contexts within which to locate and operate technologies.

The third framework showed how the technological is not merely at the service of the human. In fact, the presence of the technological creates new identities and modes of governance that create potential criminals of all of us. Through the case-study of the DPS MMS, and in an attempt to look at the grey zone of illegal cyberpublics, we saw how at new technosocial identities are created at the intersection of law, technology, governance and everyday practices of the web. The fact that the very condition of technology access can create us as potential criminals, in need to be governed and regulated, reflects in the development of internet policy and governance.

It was the intention of this module to complicate three sets of presumptions and common knowledge that exist in the discourse around Internet and Cyberspace. The first was to move away from thinking of the Internet merely as infrastructure and networks. The second was to suggest that entering the debates around human-technology everyday relationships would offer more interesting ways of looking at accounts of the technological. The third was to propose that the history of the internet does not begin only with the digital, but it needs larger geographical and techno-science contexts in order to understand how the contemporary landscape of internet policy and governance is shaped.

The module was not designed to give a comprehensive history and account of the internet. Instead, it built a methodological and conceptual framework that would allow us to examine the ways in which we approach Internet and Society questions – in the process, it would also help us reflect on our own engagement, intentions and expectations from the Internet and how we create the different narratives and accounts for it.

[1]. http://en.wikipedia.org/wiki/History_of_the_Internet

[2]. http:\www.sigcomm.org\sites\default\files\ccr\papers\2009\October\1629607-1629613.pdf

[3]. http://www.walthowe.com/navnet/history.html

[4]. http:\www.internetsociety.org\internet\what-internet\history-internet\brief-history-internet

[5]. http://en.wikibooks.org/wiki/Governing_the_Internet/Introduction_to_Internet_Governance

[6]. Recommended reading: Internet Governance: Infrastructure and Institutions eds. Lee Bygrave and Jon Bing http://www.amazon.com/Internet-Governance-Infrastructure-Institutions-Bygrave/dp/0199561133

[7]. Recommended watching material to look at some of these questions: 1. The final flight of the Osiris -http://www.youtube.com/watch?v=ueiBYxI6Eqg 2. The Second Renaissance - part 1 - http://www.gametrailers.com/videos/n5vpzw/the-second-renaissance-part-i 3. The Second Ranaissance - part 2 - http://www.gametrailers.com/videos/va807i/animatrix-second-renaissance-part2

[8]. http://www.juliandibbell.com/articles/a-rape-in-cyberspace/

[9]. http://cis-india.org/raw/rewiringdoc/view

[10]. http://www.amazon.com/Imagining-India-Idea-Renewed-Nation/dp/0143116673

[11]. http://www.jstor.org/stable/10.1086/670950

[12]. http://cis-india.org/raw/histories-of-the-internet/last-cultural-mile.pdf

[13]. http://eprints.cscsarchive.org/532/

[14]. http://tosdr.org/

[15]. http://www.amazon.com/The-Googlization-Everything-Should-Worry/dp/0520258827

For more details visit https://cis-india.org/telecom/knowledge-repository-on-internet-access/history-of-internet-building-conceptual-frameworks

National Policy on Universal Electronic Accessibility – An Analysis

anandi — 2013-12-27T07:49:47Z

Electronics and Information and Communication Technologies (ICTs) are widely used in all areas of life such as education, health care, employment, entertainment, banking and finance management and other aspects of daily living.

They not only make life easier for people in general, but have the potential to revolutionise the lives of persons with disabilities through larger inclusion and participation in these areas and by enabling independent living through use of appropriate assistive technologies (ATs).

In the year 2010, the erstwhile Department of Information Technology, Government of India circulated a draft consultation paper on the National Policy for Electronic Accessibility that sought to regulate the provision of accessible Electronics and ICTs services and products and universal design concepts for persons with disabilities. Post consultation and deliberation, the Government of India has passed the National Policy on Universal Electronic Accessibility (National Policy) in 2013. This is a brief analysis of the policy and the provisions therein.

The draft consultation paper had clearly identified the requirements of persons with disabilities that had to be kept in view while designing electronic accessibility solutions:

Eliminating discrimination on the basis of disabilities and facilitating equal access to Information and Communication Technologies and Electronics (ICTE)
Understanding the diversity of persons with disabilities and creating solutions for their specific needs
Ensuring that accessibility standards and guidelines and universal design concepts are adopted and adhered to.

While the draft consultation paper only sought to provide equal access to ICTE products and services to persons with disabilities, the objective of the National Policy has been expanded to include not just equal but also barrier free access. The category of disabilities has also been expanded to include mental disabilities. Further, the policy seeks to facilitate local language support and sync universal access with barrier free access that should be usable without adaptation.

The scope of the National Policy continues to cover access to ICTE products and services to persons with disabilities in the areas of universal design, assistive technologies and independent living aids as in the draft consultation paper, but the National Policy expands on the broad roles and functions of the major stakeholders.

The National Policy clearly defines the following points that were not discussed in the Draft Consultation Paper:

The Department of Electronics and Technology is named as the nodal authority for monitoring the implementation of the policy.
Recommends constitution of a high level advisory committee of multiple stakeholders – central and state. ministries and department, industry, academia, disabled persons organisations and persons with disabilities for guiding and implementing the policy.
Recommends an amendment in the Information Technology (IT) Act to protect persons with disabilities who inadvertently break the law.
Lays emphasis on providing support in local languages to accessible Electronics and ICTs.

The strategy and Action Plan defined in the Draft Consultation Paper have been augmented and restructured to include the following points described in the National Policy:

Creating awareness on universal electronics accessibility and universal design

The National Policy specifically provides that the Department of Electronics and Information Technology will play the lead role.
Other central and state ministries, departments and agencies will also be responsible.
Carried out through Media, campaigns, conferences, workshops and seminars.
Will also include available and emerging assistive technologies and independent living aids and schemes.
Information to be made available in public domain in local languages in accessible format.

Capacity building and Infrastructure Development

The National Policy requires that schemes for capacity building on accessibility and assistive technologies be taken up within the government and for persons with disabilities.

Education and Assistive Technologies Centres

Accessibility standards and guidelines and universal design concepts to be included in the curriculum of Electronics and ICTs education.
Assistive technologies and independent living aids to be included in the curriculum of Special Education and Rehabilitation.
Model Electronics and ICTs centres to be set up to provide training and demonstration to special educators and persons with disabilities including persons with mental disabilities.

Conducting research and development

To develop assistive technologies and independent living aids based on accessibility standards and guidelines and universal design concepts
To provide incentives for the research and development of such products
To formulate schemes to support research and development organisations for developing such products
To include persons with disabilities and rehabilitation professionals in formulation, implementation and monitoring the schemes.

Accessibility Standards

The draft consultation paper provides that the accessibility standards and guidelines be taken or modified from existing standards and guidelines in accessibility
The National Policy specifically names existing accessibility standards and guidelines such as the following as examples

W3C Accessibility Standards
ATAG (Authoring Tools Accessibility Guidelines)
WCAG 2.0 (Web Content Accessibility Guidelines)
UAAG (User Agent Accessibility Guidelines)

Accessibility compliance would be monitored for government websites, websites for disability issues, general citizen centric websites and important websites with high traffic or high consumer transaction.

Accessible format for content

Content published in electronic format including text books, journals, publications, multimedia etc are required to be published in accessible format
Support in local languages to be provided for all content

Developing programmes and schemes

The National Policy lays emphasis on schemes for women and children with disabilities

Developing procurement guidelines for Electronics and ICTs for accessibility and assistive needs

The draft Consultation Paper merely states that ICTE procurement guidelines and processes should include accessibility standards and guidelines.
The National Policy requires that Electronics and ICTs procurement policies be evolved to confirm to the requirements of the National Policy.
Higher cost of accessibility compliant hardware and software to be budgeted for at procurement.
Incentives to be provided by the government to assist with the procurement of such products.
Any scheme formulated by the central or state governments for persons with disabilities should be linked with ongoing schemes for universal electronic accessibility.

Affordable Access

The Draft Consultation Paper requires that schemes be formulated to provide access to ICTE services and products to persons with disabilities at affordable costs.
Information about these schemes to be made available in the public domain in local languages in accessible format.
The National Policy promotes open source usage to meet affordable access requirements.

For more details visit https://cis-india.org/accessibility/blog/national-policy-on-universal-electronic-accessibility-analysis

Information Activism - Tactics for Empowerment (TTC)

Denisse Albornoz — 2015-04-17T10:36:01Z

This is the first of a two-part analysis of information activism for the Making Change project. This post looks at the benefits and limitations of increasing access to information to enable citizenship and political participation.

CHANGE-MAKER: Maya Ganesh

PROJECT: 10 Tactics for Information Activism

METHOD OF CHANGE: 
Information activism at the intersection of data, design and technology

STRATEGY OF CHANGE:
-Demystify the technology, strategy and tactics behind information activism.
-Train people on how to use them for their projects.
-Empower people and increase political participation at the grassroots

I came into the office today and CIS Director gifted me the Red House edition of the Universal Declaration of Human Rights: ‘We are All Born Free”. Skimming through it, I found a series of graphics and artistic interpretations of Articles 1 to 30:


							Article 5 Photo courtesy of Library Mice blog: http://bit.ly/1cAMpYy


							Article 24 Photo courtesy of Illustration Cupboard: http://bit.ly/1kI5EBd

The purpose of this book is to find “exciting ways to socialize young people to very real issues”, rewrite human rights in a “simple,accessible form” and stimulate imagination to “observe and absorb details in a way that words struggle to express”. While specifically targeted for 12+ children, these images create associations and connections that trump the dullness of black and white texts for any audience; offering an alternative way of presenting complex bodies of knowledge crucial for our survival, such as the Declaration of Human Rights.

Change: information interventions to inspire and facilitate change-making among civil society networks.

In the same spirit, Tactical Technology aims to use information design strategies to create similar associations in the field of activism. The Tactical Technology Collective is an organization dedicated to the intersections of data, design and technology in campaigning. Its has two main programs: Evidence & Action that works with data management in digital campaigning; and Privacy & Expression that provides digital security and privacysupport advice to activists. The collective envisions change as a creative and pragmatic intervention that inspires and facilitates change-making among civil society networks. We interviewed Maya Ganesh, who is part of the E&A program, and our conversation shed light on benefits and the challenges of using visual advocacy strategies to create social change.

On this opportunity, I will explore the potential of information activism to create opportunities and spaces of engagement. Following Saussure’s dyadic model of the sign, it will be split in two parts. The first entry will look at the ‘signified’: the ideas, associations and cultural conventions derived from information and how these could solve crises of civic engagement and citizen action. The second entry will look at the ‘signifier’ -the shapes and sequences that compose the knowledges navigating political activism. These will be viewed from the strategic, design and technological point of view. Both parts will be informed by our conversation with Maya and complemented by literature on political engagement in the digital age. On a less academic note, the posts will also refer to the experience of graphic designers, artists and bloggers who are experimenting with information design to express dissent in transnational platforms.

Part 1: Is Information Power?

‘Transforming Information into Action’ is Tactical Technology’s take on the traditional idiom ‘Knowledge is Power’. The collective’s experience shows there are a number of steps to transform raw data into political power and for the purpose of this analysis, I will only look at information disseminated with this particular intention. This will aid to understand the relationship between increasing information availability and having it trigger civic action in contemporary activism. According to Fowler and Biekart, acts of public disobedience and activism after 2010 share the objective of reclaiming active citizenship through ‘novel ways’ that counter traditional political participation mechanisms (2013). Hence, we want to know if information activism is one of these ‘novel’ strategies enabling citizenship in the digital era.

More power to whom?

Overcoming information inequity
If information activism is “the strategic and deliberate use of information within a campaign”, the first step is to question the type of information used in these campaigns. While many scholars claim that access to political opinion increases participation in the democratic process by fostering debate and inclusive deliberation on policy issues (Dahl, 1989, Bennett, 2003, 2008; Montgomery et al. 2004,) Brundidge and Rice’s exploration of Internet politics shows that strategies that merely increase access to information are flawed by design. They claim that increasing information mainly benefits the middle class, who counts with previous exposure to political knowledge and hence processes it with greater ease. This group ultimately dominates the public discourse widening -what they call- the ‘knowledge gap’ between socioeconomic classes (Brunridge and Rice, 2009, Bimber et al. 2005). This is the ‘information’ version of the gentrification of politics explored by Shah in the Whose Change is it Anyway thought piece, and a definite deterrent of collective action at the grassroots level.

A basic example to show how this manifests in the information environment is this info-graphic on Social Activism created by Column Five and Take Part and presenting the findings on their 2010 study on Social responsibility:

Example 1:
Social Activism Study (2010): How can brands engage Young Adults in Social Responsibility?

Access complete info-graphic here: http://www.2012socialactivism.com/images/infographic.png

The information is clear, the presentation is clean. This graphic could mobilize the middle class citizen who works in a company and has time and money to spare in donations and fund-raising activities. The graphic is informational yet it does not offer alternative participation avenues for groups outside of the politically savvy, young, educated and affluent circle (Brundidge and Rice, 2009) Instead, it reiterates socioeconomic inequalities from the offline community into the information landscape. With this in mind we asked Maya whether gentrification was a barrier for info-activism interventions at the grassroots:

MG: The things we are documenting are by citizens with socioeconomic barriers and obstacles. It is not our mandate to reach out to the ‘common citizen’ but it is very much our mandate to look at what is happening and what is happening to people with socioeconomic barriers who are lower on the ladder. If you look at Syrian info-activism, these are people facing the worst situations you can imagine, and they are doing it [...] and we document what they are doing, trying to understand it, pull out trends and then showing people.

Empowering information communities

Offline networks support information dissemination
In this respect, offline community networks are key to bridging the knowledge gap cited above. The relationship between organizations like Dawlaty, SMEX and Alt City and groups in the Arab region function as a core of ideas and resources from which localized methods and solutions emerge (read more here). This flow of information, coupled with the offline support, makes information from less visible demographics visible, deepens democracy and creates opportunities for these actors to participate and set the public agenda (2009). We asked Maya in what other ways information activism facilitates this process:

MG: We have moved on a lot from information activism. 10 Tactics is quite old for us now but it is still interesting to see how this stuff works. This material was produced in 2008-9 and is very popular with our audience. A lot of our work now is [...] take this material to newer communities of activists or people who have been around for a long time but are getting involved with the digital for the first time. That’s one part of our work and it’s sort of self-sustainable that way.

Therefore the value of information activism, rather than increasing the quantity of available data, is how it enables diversity and visibility of political opinion in the public sphere. One of the better known examples of information design interventions that gloat inclusiveness is:

Example 2
Occupy Design: the collective that builds “visual design for the 99%”:

2011

2011
Images courtesy of Experimenta Magazine: http://bit.ly/1hGpvOP

By presenting income and unemployment statistics about the American middle and lower class in the public space, activists from Occupy Design made the claims of the Occupy Wall Street Movement visual and visible. This enabled this group, the 99%, to reclaim the space not only through physical mobilization but also through the expression of subjectivities and open -graphic- power contestation. According to Pleyers, the pervasiveness of the movement both at the offline, online -and in this case, visual- levels created opportunities of horizontal participation, asserting spaces of democratic experience (2012).

From Information to Action

Is information enough?
Nevertheless, exposure to powerful images does not necessarily guarantee impact and influence, much less civic engagement. We asked Maya what she thought motivated civic action:

MG: External things push you over the edge. A flash-point issue could tip you over to do something different, even if you are that someone that has never been involved in anything. The gang rape in Delhi for example: it has sparked a lot of people who have never been involved and are now pushed to [act]. There are different precipitating factors and that’s why the stories of people: what people do, how they do it and why they do it, matters.

Women protesting in Bangalore after the Delhi gang rape. Photo courtesy of Dawn: http://bit.ly/1cAFLRP

Whether it is ‘external things’, a ‘flash-point issue’ or ‘precipitating factors’; the individual must make a connection between new events and how they affect the current status quo. A set of critical skills must be in place, as well as a desire to participate in civic life. (Brundidge and Rice 2009, as well as Montgomery et al. 2004) Richard Wurman, the american graphic designer, refers to this in his book ‘Information Anxiety’. He posits that there is an ‘ever-widening gap’; a ‘black hole’ between data and knowledge that limits our ability to make sense of information; even if it is vital for our context and survival. “The opportunity is that there is so much information; the catastrophe is that 99 percent of it isn’t meaningful or understandable” (Wurman et. al 2001) How do we reconcile this challenge with Tactical Technology’s mandate? What is the turning point between exposure to information and engagement in civic action?

In this post two issues behind information dissemination have been explored:

The risk of creating homogeneous political discussions by catering only to middle class’ interests; overlooking diversity of political expression in the public discourse.
The need for offline communities to facilitate information dissemination on the ground and mainstream the technical and financial support offered by collectives such as Tactical Technology.

The next question is how info-activism creates the connections between data and information to trigger civic engagement, and on this note, we proceed to analyse the role of the ‘signifier’ in information dissemination on the next post. Part two post will look at the strategy, design and technology behind the symbols and sequences of information, and how these determine the citizen’s perception of its ability to create change.

Access Part 2: Information Design, following this link:

Sources:

Biekart, Kees, and Alan Fowler. "Transforming Activisms 2010+: Exploring Ways and Waves." Development and Change 44, no. 3 (2013): 527-546.
Brundidge, J.S. & Rice, R.E. (2009). Political engagement online: Do the information rich get richer and the like-minded more similar? In Chadwick, A. and Howard, N.H. (eds.), Routledge Handbook of Internet Politics (pp. 144-156). New York: Routledge
Bennett, Winston. "Communicating global activism." Information, Communication & Society 6, no. 2 (2003): 143-168.
Bennett, W. Lance. "Changing citizenship in the digital age." Civic life online: Learning how digital media can engage youth 1 (2008): 1-24.
Dahl, Robert A. Democracy and its Critics. Yale University Press, 1989.
Kathryn Montgomery et al., Youth as E-Citizens: Engaging the Digital Generation. Center for Social Media, 2004. Retrieved February 15, 20
Pleyers, Geoffrey. "Beyond Occupy: Progressive Activists in Europe." Open Democracy: free thinking for the world 2012 (2012): 5pages-8.
Shah, Nishant “Whose Change is it Anyways? Hivos Knowledge Program. April 30, 2013.
Wurman, Richard Saul, Loring Leifer, David Sume, and Karen Whitehouse. Information anxiety 2. Vol. 6000. Indianapolis, IN: Que, 2001.

For more details visit https://cis-india.org/digital-natives/making-change/tactical-technology-information-is-power