Centre for Internet and Society

Comments on the Report of the Committee on Digital Payments (December 2016)

Sumandro Chattapadhyay and Amber Sinha — 2017-01-12T12:32:22Z

The Committee on Digital Payments constituted by the Ministry of Finance and chaired by Ratan P. Watal, Principal Advisor, NITI Aayog, submitted its report on the "Medium Term Recommendations to Strengthen Digital Payments Ecosystem" on December 09, 2016. The report was made public on December 27, and comments were sought from the general public. Here are the comments submitted by the Centre for Internet and Society.

1. Preliminary

1.1. This submission presents comments by the Centre for Internet and Society (“CIS”) [1] in response to the report of the Committee on Digital Payments, chaired by Mr. Ratan P. Watal, Principal Advisor, NITI Aayog, and constituted by the Ministry of Finance, Government of India (“the report”) [2].

2. The Centre for Internet and Society

2.1. The Centre for Internet and Society, CIS, is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, and open access), internet governance, telecommunication reform, digital privacy, and cyber-security.

2.2. CIS is not an expert organisation in the domain of banking in general and payments in particular. Our expertise is in matters of internet and communication governance, data privacy and security, and technology regulation. We deeply appreciate and are most inspired by the Ministry of Finance’s decision to invite entities from both the sectors of finance and information technology. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved, especially the citizens and the users. CIS is thankful to the Ministry of Finance for this opportunity to provide a general response on the report.

3. Comments

3.1. CIS observes that the decision by the Government of India to withdraw the legal tender character of the old high denomination banknotes (that is, Rs. 500 Rs. 1,000 notes), declared on November 08, 2016 [3], have generated unprecedented data about the user base and transaction patterns of digital payments systems in India, when pushed to its extreme use due to the circumstances. The majority of this data is available with the National Payments Corporation of India and the Reserve Bank of India. CIS requests the authorities concerned to consider opening up this data for analysis and discussion by public at large and experts in particular, before any specific policy and regulatory decisions are taken towards advancing digital payments proliferation in India. This is a crucial opportunity for the Ministry of Finance to embrace (open) data-driven regulation and policy-making.

3.2. While the report makes a reference to the European General Data Protection Directive, it does not make a reference to any substantive provisions in the Directive which may be relevant to digital payments. Aside from the recommendation that privacy protections around the purpose limitation principle be relaxed to ensure that payment service providers be allowed to process data to improve fraud monitoring and anti-money laundering services, the report is silent on significant privacy and data protection concerns posed by digital payments services. CIS strongly warns that the existing data protection and security regulations under Information Technology (Reasonable security practices and procedures and sensitive personal data or information), Rules are woefully inadequate in their scope and application to effectively deal with potential privacy concerns posed by digital payments applications and services. Some key privacy issues that must be addressed either under a comprehensive data protection legislation or a sector specific financial regulation are listed below. The process of obtaining consent must be specific, informed and unambiguous and through a clear affirmative action by the data subject based upon a genuine choice provided along with an option to opt out at any stage. The data subjects should have clear and easily enforceable right to access and correct their data. Further, data subjects should have the right to restrict the usage of their data in circumstances such as inaccuracy of data, unlawful purpose and data no longer required in order to fulfill the original purpose.

3.3. The initial recommendation of the report is to “[m]ake regulation of payments independent from the function of central banking” (page 22). This involves a fundamental transformation of the payment and settlement system in India and its regulation. We submit that a decision regarding transformation of such scale and implications is taken after a more comprehensive policy discussion, especially involving a wider range of stakeholders. The report itself notes that “[d]igital payments also have the potential of becoming a gateway to other financial services such as credit facilities for small businesses and low-income households” (page 32). Thus, a clear functional, and hence regulatory, separation between the (digital) payments industry and the lending/borrowing industry may be either effective or desirable. Global experience tells us that digital transactions data, along with other alternative data, are fast becoming the basis of provision of financial and other services, by both banking and non-banking (payments) companies. We appeal to the Ministry of Finance to adopt a comprehensive and concerted approach to regulating, enabling competition, and upholding consumers’ rights in the banking sector at large.

3.4. The report recognises “banking as an activity is separate from payments, which is more of a technology business” (page 154). Contemporary banking and payment businesses are both are primarily technology businesses where information technology particularly is deployed intimately to extract, process, and drive asset management decisions using financial transaction data. Further, with payment businesses (such as, pre-paid instruments) offering return on deposited money via other means (such as, cashbacks), and potentially competing and/or collaborating with established banks to use financial transaction data to drive lending decisions, including but not limited to micro-loans, it appears unproductive to create a separation between banking as an activity and payments as an activity merely in terms of the respective technology intensity of these sectors. CIS firmly recommends that regulation of these financial services and activities be undertaken in a technology-agnostic manner, and similar regulatory regimes be deployed on those entities offering similar services irrespective of their technology intensity or choice.

3.5. The report highlights two major shortcomings of the current regulatory regime for payments. Firstly “the law does not impose any obligation on the regulator to promote competition and innovation in the payments market” (page 153). It appears to us that the regulator’s role should not be to promote market expansion and innovation but to ensure and oversee competition. We believe that the current regulator should focus on regulating the existing market, and the work of the expansion of the digital payments market in particular and the digital financial services market in general be carried out by another government agency, as it creates conflict of interest for the regulator otherwise. Secondly, the report mentions that Payment and Settlement Systems Act does not “focus the regulatory attention on the need for consumer protection in digital payments” and then it notes that a “provision was inserted to protect funds collected from customers” in 2015 (page 153). This indicates that the regulator already has the responsibility to ensure consumer protection in digital payments. The purview and modalities of how this function of course needs discussion and changes with the growth in digital payments.

3.6. The report identifies the high cost of cash as a key reason for the government’s policy push towards digital payments. Further, it mentions that a “sample survey conducted in 2014 across urban and rural neighbourhoods in Delhi and Meerut, shows that despite being keenly aware of the costs associated with transacting in cash, most consumers see three main benefits of cash, viz. freedom of negotiations, faster settlements, and ensuring exact payments” (page 30). It further notes that “[d]igital payments have significant dependencies upon power and telecommunications infrastructure. Therefore, the roll out of robust and user friendly digital payments solutions to unelectrified areas/areas without telecommunications network coverage, remains a challenge.” CIS much appreciates the discussion of the barriers to universal adoption and rollout of digital payments in the report, and appeals to the Ministry of Finance to undertake a more comprehensive study of the key investments required by the Government of India to ensure that digital payments become ubiquitously viable as well as satisfy the demands of a vast range of consumers that India has. The estimates about investment required to create a robust digital payment infrastructure, cited in the report, provide a great basis for undertaking studies such as these.

3.7. CIS is very encouraged to see the report highlighting that “[w]ith the rising number of users of digital payment services, it is absolutely necessary to develop consumer confidence on digital payments. Therefore, it is essential to have legislative safeguards to protect such consumers in-built into the primary law.” We second this recommendation and would like to add further that financial transaction data is governed under a common data protection and privacy regime, without making any differences between data collected by banking and non-banking entities.

3.8. We are, however, very discouraged to see the overtly incorrect use of the word “Open Access” in this report in the context of a payment system disallowing service when the client wants to transact money with a specific entity [4]. This is not an uncommon anti-competitive measure adopted by various platform players and services providers so as to disallow users from using competing products (such as, not allowing competing apps in the app store controlled by one software company). The term “Open Access” is not only the appropriate word to describe the negation of such anti-competitive behaviour, its usage in this context undermines its accepted meaning and creates confusion regarding the recommendation being proposed by the report. The closest analogy to the recommendation of the report would perhaps be with the principle of “network neutrality” that stands for the network provider not discriminating between data packets being processed by them, either in terms of price or speed.

3.9. A major recommendation by the report involves creation of “a fund from savings generated from cash-less transactions … by the Central Government,” which will use “the trinity of JAM (Jan Dhan, Adhaar, Mobile) [to] link financial inclusion with social protection, contributing to improved Social and Financial Security and Inclusion of vulnerable groups/ communities” (page 160-161). This amounts to making Aadhaar a mandatory ID for financial inclusion of citizens, especially the marginal and vulnerable ones, and is in direct contradiction to the government’s statements regarding the optional nature of the Aadhaar ID, as well as the orders by the Supreme Court on this topic.

3.10. The report recommends that “Aadhaar should be made the primary identification for KYC with the option of using other IDs for people who have not yet obtained Aadhaar” (page 163) and further that “Aadhaar eKYC and eSign should be a replacement for paper based, costly, and shared central KYC registries” (page 162). Not only these measures would imply making Aadhaar a mandatory ID for undertaking any legal activity in the country, they assume that the UIDAI has verified and audited the personal documents submitted by Aadhaar number holders during enrollment. A mandate for replacement of the paper-based central KYC agencies will only remove a much needed redundancy in the the identity verification infrastructure of the government.

3.11. The report suggests that “[t]ransactions which are permitted in cash without KYC should also be permitted on prepaid wallets without KYC” (page 164-165). This seems to negate the reality that physical verification of a person remains one of the most authoritative identity verification process for a natural person, apart from DNA testing perhaps. Thus, establishing full equivalency of procedure between a presence-less transaction and one involving a physically present person making the payment will only amount to removal of relatively greater security precautions for the former, and will lead to possibilities of fraud.

3.12. In continuation with the previous point, the report recommends promotion of “Aadhaar based KYC where PAN has not been obtained” and making of “quoting Aadhaar compulsory in income tax return for natural persons” (page 163). Both these measures imply a replacement of the PAN by Aadhaar in the long term, and a sharp reduction in growth of new PAN holders in the short term. We appeal for this recommendation to be reconsidered as integration of all functionally separate national critical information infrastructures (such as PAN and Aadhaar) into a single unified and centralised system (such as Aadhaar) engenders massive national and personal security threats.

3.13. The report suggest the establishment of “a ranking and reward framework” to recognise and encourage for the best performing state/district/agency in the proliferation of digital payments. It appears to us that creation of such a framework will only lead to making of an environment of competition among these entities concerned, which apart from its benefits may also have its costs. For example, the incentivisation of quick rollout of digital payment avenues by state government and various government agencies may lead to implementation without sufficient planning, coordination with stakeholders, and precautions regarding data security and privacy. The provision of central support for digital payments should be carried out in an environment of cooperation and not competition.

3.14. CIS welcomes the recommendation by the report to generate greater awareness about cost of cash, including by ensuring that “large merchants including government agencies should account and disclose the cost of cash collection and cash payments incurred by them periodically” (page 164). It, however, is not clear to whom such periodic disclosures should be made. We would like to add here that the awareness building must simultaneously focus on making public how different entities shoulder these costs. Further, for reasons of comparison and evidence-driven policy making, it is necessary that data for equivalent variables are also made open for digital payments - the total and disaggregate cost, and what proportion of these costs are shouldered by which entities.

3.15. The report acknowledges that “[t]oday, most merchants do not accept digital payments” and it goes on to recommend “that the Government should seize the initiative and require all government agencies and merchants where contracts are awarded by the government to provide at-least one suitable digital payment option to its consumers and vendors” (page 165). This requirement for offering digital payment option will only introduce an additional economic barrier for merchants bidding for government contracts. We appeal to the Ministry of Finance to reconsider this approach of raising the costs of non-digital payments to incentivise proliferation of digital payments, and instead lower the existing economic and other barriers to digital payments that keep the merchants away. The adoption of digital payments must not lead to increasing costs for merchants and end-users, but must decrease the same instead.

3.16. As the report was submitted on December 09, 2016, and was made public only on December 27, 2016, it would have been much appreciated if at least a month-long window was provided to study and comment on the report, instead of fifteen days. This is especially crucial as the recently implemented demonetisation and the subsequent banking and fiscal policy decisions taken by the government have rapidly transformed the state and dynamics of the payments system landscape in India in general, and digital payments in particular.

Endnotes

[1] See: http://cis-india.org/.

[2] See: http://finmin.nic.in/reports/Note-watal-report.pdf and http://finmin.nic.in/reports/watal_report271216.pdf.

[3] See: http://finmin.nic.in/cancellation_high_denomination_notes.pdf.

[4] Open Access refers to “free and unrestricted online availability” of scientific and non-scientific literature. See: http://www.budapestopenaccessinitiative.org/read.

For more details visit https://cis-india.org/internet-governance/blog/comments-on-the-report-of-the-committee-on-digital-payments-dec-2016

Comments and Suggestions to the Draft Patent Manual March 2019

Achal Prabhala, Feroz Ali, Ramya Sheshadri, Roshan John and Anubha Sinha — 2019-04-05T02:15:07Z

A coordinated civil society response to the consultation on the Patent Manual. CIS provided comments on patenting of computer related inventions.

On behalf of the accessibsa project (www.accessibsa.org), the Médecins Sans Frontières Access Campaign (https://msfaccess.org/) and the Centre for Internet and Society (www.cis-india.org) , as well as numerous endorsing organisations and individuals across Indian Civil Society, we are pleased to present our comments, feedback and suggestions on the draft Manual of Patent Office Practice and Procedure, Version 3, published on 1 March 2019, to which your office invited comment from all stakeholders.

The Indian Patent Office (IPO) on 1 March 2019, published a draft of the “Manual of Patent Office Practice and Procedure, Version 3.0” (hereafter, the “Manual”). This draft extends upon the previous Manual, Version 01.11, dated 22 March 2011, which is currently the Manual in force.

At the outset, we should note that the current draft Manual does not differ substantially from the version in force. Aside from a few updations (for instance, noting the Indian Supreme Court decision in the Novartis case of 2013, as regarding Section 3(d) of Indian patent law), the current Manual under consideration is similar in most aspects to the Manual in force. However, given that several provisions in the current Manual in force were insufficient to implement Indian patent law as it was intended even in 2011, as well as the fact that there have been numerous developments in law, scholarship and practice since the time the Manual was last updated in 2011, we urge the IPO to take this opportunity to reflect upon the developments in patent law and practice, as well as the extensive scholarship now available to us.

Preamble: Indian patent law was substantially amended in 2005, and we began the process of implementing this law a few years later. Today, in 2019, we have data and evidence from almost 14 years of practice, and we suggest that the IPO fully incorporate all learnings available to us, to bring the full force of Indian patent

law into effect, as originally intended. The Manual of the Patent Office has the potential to be a comprehensive handbook on implementing patent law for all stakeholders including patent agents, applicants and the courts. The current version, in the manner proposed, is not. Our suggestions, if adopted in entirety, would make this so: furthermore, our suggestions provide a much-needed opportunity to correct course, by understanding and correcting the failures of the system to implement the original and far-sighted provisions in the Indian patent law amendment of 2005.

Overarching themes: Several of our suggestions for the current Manual under consideration are systemic, and, as such, require broad and serious attention to completely overhaul.

Structure: The Manual under consideration is badly composed and incomplete. Tabular columns are an inappropriate format for a patent manual. Furthermore and separately, the IPO makes use of several instances of “Guidelines” when examining patents. The IPO currently consults, among others, Guidelines for pharmaceuticals, biotechnology and computer related inventions. These guidelines are randomly categorized, badly deployed, hard to locate and amended haphazardly, without notice or any attention. There is no excuse for the IPO Guidelines to not form a part of the Patent Office Manual, thus giving them stability, and subjecting them to a transparent and participative process, like the rest of the Manual. Lastly, the Guidelines should evolve to covering the examination of Biologics as a distinct category, as we should with other frontier technology, such as Artificial Intelligence and Synthetic Biology.

Coherence: We have three inter-locking layers in the patent system in India: the patents act, the patent rules and the patent manual (which should incorporate the patent examination guidelines). The IPO is currently soliciting suggestions for the draft Patent Office Manual, while it has an ongoing amendment to the Patents (Amendment) Rules, 2018. We expect the final Rules to be published shortly; however, we are also being asked to provide suggestions on the Manual, without any knowledge of what the IPO’s final version of the Rules will look like. (For instance, the Patent Rules have suggested a procedural change in how pre-grant patent oppositions will be conducted in India; however, since the Rules are not final, it is unclear how they integrate with the Manual, and how we can comment on the process, since the status of the Patent Rules remains unclear). Furthermore, the Manual makes no reference to the Rules. As such, the IPO should decide and publish a final version of the Rules, and only then solicit feedback on the Manual (which it could do in the current time by extending the date of feedback on the Manual). Regardless, the IPO must achieve coherence and cohesion between its many layers, including the patents act, the patent rules, and the patent manual. This coherence, if achieved, would allow the Manual to serve as a handbook for all stakeholders involved in the patent system, including serving as a basis for open-book exams for patent agents.

Updation: Patent law and practice are fast evolving fields. The IPO necessarily needs to keep up with the pace of technology, as well as evolving interpretations of existing patent law provisions. For instance, the Indian Supreme judgment in the Novartis case was announced in 2013; however, it has taken over 6 years for this important judgment to formally reflect in the work of the Patent Office Manual, despite being Indian law for these 6 years. The IPO, therefore, needs to update the Manual and the examination guidelines, frequently – at least as frequently as major events in technology and the law require.

Transparency & Accountability: In the current time, stakeholders in the Indian patent system, be they multinational corporations or ordinary members of Indian society, are faced with considerable challenges when attempting to view patent information. Despite the IPO having made information

available online for some years, the information on Indian patents is needlessly limited, often inaccurate, often incomplete, and frequently unavailable. On occasion, this is due to insufficient disclosure on the part of the applicant, but overwhelmingly, it is because the IPO is not well organized and insufficiently invested in transparency or accountability. For instance, mandating pharmaceutical patent applicants to provide an INN (International non-proprietary name) on all applications where the information is available, would invaluably assist in extending the transparency and utility of the IPO’s functioning with the Indian public. Patent information in India is the right of every Indian citizen to have, and we have made several suggestions by which the IPO can move towards complying with our constitutional right to information.

Specific themes: Drawing from law, scholarship and practice over the last 14 years of Indian patent law, we strongly urge the IPO to consider these very specific suggestions on having their work comply with the spirit and letter of Indian patent law.

Focus on Biologics: Biologics are a relatively new category of therapy that have quickly become the world’s most expensive medicines emerging as critical therapies in areas like cancer. 7 out of 10 of the world’s best-selling medicines are biologics, and they will play only an increasingly important part in public health in India. Therefore, identifying, understanding and examining patent applications on biologics is of crucial importance to Indian citizens. The IPO would benefit from identifying biologics as a critical category; providing them their distinct field of invention; as well as developing guidelines and practices for evaluating biologics, along with other frontier technology that emerges.

Expedited examination: Since 2016, expedited examination of patents has been the law. More recently, there are reports that the IPO is considering PPH partnerships with some rich country economies such as Japan. This is unwise, especially since even in the extended examination currently underway, the IPO has faced several challenges. We strongly suggest that the IPO needs to evidence the ability to manage the ordinary processes in place with accuracy and compliance with Indian law, before attempting to expedite the said processes, especially since the non-functioning of the patents side of the Intellectual Property Appellate Board (IPAB) has meant that India has not had a corrective mechanism for any incorrect grants that may have been made at the IPO since May 2016.

Check exceptions to patentability first: The law, as has evolved in the Novartis Case in the Supreme Court, and the Roche vs Cipla case before the Delhi High Court, clearly points towards applying all exceptions to patentability under Sections 3 & 4 of the Indian Patents Act, first, before applying the test of patentability under Section 2 (1)(j). Such a procedure would make the work of the IPO more efficient, as well as fair.

Making anti-evergreening provisions work: The Manual currently does not capture the guidelines explicitly laid out in the Indian Supreme Court’s judgment in the Novartis case. Specific principles relating to how to apply Section 3(d) were laid out in the judgment which have no reflection in the Manual. Like with Section 3(d), applicants also routinely circumvent other anti-evergreening provisions in Indian law, such as Section 3(e) and 3(i). Sometimes, these provisions are circumvented alone; other times, when combined, applicants take advantage of the confusion and adduce evidence on one ground, and then use that as a basis to circumvent the other grounds. To apply anti-evergreening provisions in Indian patent law efficiently and fairly, we suggest an anti-

evergreening checklist that will facilitate this process, and which we recommend be an official part of the examiner’s report, both within the process and as a reported output.

Computer related inventions: The Manual currently does not adequately regulate Computer Related Inventions (CRIs). We suggest the introduction of a 3-step test to comprehensively regulate the patentability of mathematical methods, business methods, computer programmes and algorithms as laid down in the Indian Patents Act. Furthermore, we suggest ways in which the law can be applied more carefully within the Manual to detect camouflaging of claims, with an intent to confuse the IPO and Indian patent examiners, especially when conjoined to computer technology, by noting that (1) mathematical methods may sometimes be claimed as “technological development”, (2) that business methods must be evaluated as such, regardless of their application through computers, computer programmes, computer networks or other programmable apparatus, and that (3) that the scope of algorithms needs to be extended to any invention where the function claimed to be performed can only be carried out by means of a computer programme.

Finally, while the nature of our comments and suggestions are deep and extensive, we are aware that we have also asked for the system to be evaluated in full, rather than in parts. As such, the Indian Patent ecosystem is large and complex, and the IPO has been engaged with setting the Patent Rules (under finalization), the Patent Office Manual (the subject of our commentary in this communication) as well as the Examining Guidelines (which we recommend move from being arbitrarily categorized and extended to becoming a formal part of the Patent Office Manual).

In order to comprehensively react to changes to the Indian Patent ecosystem, we require the opportunity to comment comprehensively on a range of inter-linked proposals.

In this spirit, we hope you will allow us – as civil society – to react, once more, to the Patent Rules (as connected to the Patent Office Manual) as well as each of the Examining Guidelines (old and new, i.e. including those intended such as for biologics), in the interests of fairness and transparency. We look forward to assisting you at every step of this process.

Thank you for your time. We trust that, as civil society researchers, activists and academics, who have devoted a considerable number of years towards the research of intellectual property, and the protection of public interests and human rights in India, our submission will be considered seriously and acted upon. We remain, of course, at your disposal, should you or your office have any questions – which we will gladly answer.

Sincerely,

Achal Prabhala, Feroz Ali, Ramya Sheshadri, Roshan John and Anubha Sinha

For more details visit https://cis-india.org/a2k/blogs/comments-and-suggestions-to-the-draft-patent-manual-march-2019

Comments and Feedback on the Draft Twelfth Five Year Plan with respect to Persons with Disabilities

Rahul Cherian — 2012-12-28T15:33:02Z

The Centre for Internet & Society was one of the ten organizations representing people with disabilities that sent comments and feedback on the draft twelfth five year plan.

We write to you on behalf of the organizations representing people with disabilities listed at the end of this document. At the outset, we would like to thank you for circulating the Draft Twelfth Five Year Plan with respect to persons with disabilities in advance in order to gain the feedback and the perspective of all interested parties and stakeholders, including persons with disabilities. However, we would like to bring to your attention that while the entire budgetary allocation has been given to us in this draft, the specifics of the allocation i.e. the detailed break up has not been given, and so any input that we may have may be insufficient in the absence of this information.

The World Health Organization estimates that globally about 1 billion people (or 14% of the population) live with some form of disability of who nearly 200 million experience considerable difficulties in functioning.[1] Given the large prevalence of disability of approximately 14% of the population, it is submitted that the statistics of the 2001 census which states that only 2.11 % of the population is disabled is wholly inaccurate. If the financial outlay is based on the flawed assumption that only 2.11% of the population is disabled, we fear that the financial outlay will be substantially less than is necessary to meet the actual needs of people with disabilities. Therefore we recommend that the Twelfth V Year Plan should be based on realistic numbers of the persons with disabilities in the country. It is recommended that at least 5% of the total outlay for the Twelfth Plan should be for disability related projects. It is also recommended that a reality check is done on the benefits available to persons with disabilities such as pensions. Unless this is done, the benefits available to persons with disabilities is wholly inadequate.

We would like to point out that the document you had circulated does not give the status of the implementation of the various schemes that were proposed under the Eleventh V Year. Without the status of implementation of schemes proposed earlier, we are concerned that merely reiterating the same schemes for the upcoming Plan period may lead to suboptimal usage of the allocated funds particularly with respect to those schemes that have not been implemented to the maximum extent possible. We therefore request you to include the status of implementation of the various schemes that were proposed in the earlier Plan period to enable transparency in this exercise.

Before we give specific input and comments on the financial outlay, we would like to point out our grievance in the wording of Sec. 24.218[2] of the draft which states that persons with disabilities have "un-evolved capacities" and we strongly believe that this approach that persons with disabilities will completely obscure the optimistic approaches sought to be achieved by this Plan. While it is appreciated that persons with disabilities need some protection, using terminology like "unevolved capacity" is just reaffirming a protectionist attitude as well as patronizing one. We hope that this terminology will be removed from the document. We also point out that in point number 24.227 the United Nations Convention on the Rights of Persons with Disabilities is wrongly mentioned as "United Nations Conference on Rehabilitation of Persons with Disabilities (UNCRPD)". This error must be rectified.

Be that as it may, the undersigned would like to place on record our appreciation for the inclusion of many aspects into the above mentioned document. We would also like to bring your attention to several aspects given below which we believe should be covered in the Twelfth V Year Plan (hereinafter referred to as "the Plan").

Specific Input

I. Detection of Disability
Early detection of disabilities in babies and children is critical to determine what types of early intervention and rehabilitation is required to be provided. The Plan must provide financial outlay for the following with respect to detection of disabilities for further action:

At birth screening - Every baby born should be examined in detail using a standard examination checklist, to detect anomalies. The checklist should focus on detecting anomalies so that further follow up on developmental delay could be identified for at risk cases which could further lead to interventions. At birth screening must be made mandatory and the mother and child should not be discharged from hospitals without completing this procedure. Special attention must be taken to screen high risk babies (such as babies born to mothers who have diabetes, high blood pressure, thyroid deficiency, pre-term babies, babies with history of perinatal hypoxia, neonatal infections, low birth weight babies, etc.). The screening should be done free of cost and appropriate allocation should be done for the training of medical professionals and soliciting of equipment for this purpose.
Additional Screening In addition, screening by health workers, medical officers and doctors are required at stages like vaccinations, routine check ups, etc. The Plan must include allocation for training programs to be formulated and appropriate training must be given to all health care workers on how to diagnose disabilities and how to determine developmental milestones. Allocation of funds must be made to train doctors at maternity clinics/hospitals on conducting adequate checks/tests for early detection of developmental delays and disabilities If any disability is suspected, the child must be referred to the medical officer. There must be recognition of the fact that failure to detect disabilities at the early stage may lead to secondary disabilities.
Universal screening camps - The Plan itself must provide financial outlay to enable each state to organize bi annual universal screening camps for all school going children in the state to detect disabilities. The screening must be conducted for all disabilities. These camps must include the necessary manpower /specialists (including audiologist /speech therapist, clinical child psychologist, physiotherapist, etc.) and equipment required to detect all types of disabilities in babies. Appropriate budgetary allocations need to be in place. Universal screening camps must be held in conjunction with setting up of early intervention centres failing which the children identified to have disabilities will tend to face social stigma.
Registration of Births of Children with Disabilities: In accordance with the Persons with Disabilities Act, the Registrar General appointed under section 3 of the Births and Deaths Registration Act, 1969 shall whilst carrying out the superintendence duties of registering births and deaths in the country ensure, including by issuing general directions to all Chief Registrars and other concerned officials, that the registration of births and deaths of all children with disabilities is undertaken in accordance with the procedure specified in the Births and Deaths Registration Act of 1969.

II. Early Intervention
Early intervention has been touched upon in the policy document. However, there is not enough emphasis on this area. The importance of early intervention is well established. Early intervention provides support for infants and young children with disabilities, their families and communities, in order to promote the child's development and inclusion. Without early intervention it is extremely difficult for children with disabilities to be integrated into mainstream society. Delay in diagnosis and treatment results in irreversible damage to the child's development. Early intervention could be in the form of medical intervention and/or variety of disability specific rehabilitation intervention like different therapies and specialized training (specialized training or therapy). Early intervention would also include:

Counseling and training of parents of children with disability.
Early stimulation for High risk babies
Early Intervention for Developmental Delay, Speech & Hearing Problems, Visual Problems, Autism Intervention etc.
Parental guidance for supporting activities of daily living.

It is critical that early intervention centres are set up in each district in the country. The State of Kerala has created a blue print for setting up early intervention centres in each district in the State. This document is attached separately for your information. The Plan should incorporate salient features from this document. Point 24.226 must be modified accordingly.

III. Education
While the Plan places emphasis on education in point 24.222 a most critical aspect has been left out. Training of teachers to impart education to children with disabilities in an inclusive school setup is extremely critical if such children are to get a meaningful education. In this connection the Plan should provide financial outlay for ensuring that both mainstream teachers and teachers in special schools are provided the necessary training for imparting education to children with disabilities. The salary of all such teachers should be on par with regular teachers. The Plan should also provide for refresher training to be imparted to teachers in this connection. In addition to the above, the Plan should provide adequate financial outlay to ensure that all educational materials are provided to children with disabilities in the accessible formats they require including in Braille, Daisy, etc. It is also critical to ensure that schools are made accessible such that children with disabilities have equal access to 4 all parts of the school. Moreover, it is imperative that adequate accessible transportation is provided to enable children with disabilities to reach the school. In this connection, point 24.245 is adequately modified. The Plan should also ensure that children with disabilities have access to schools at every taluk.

In point 24.222 there is a mention of setting up a national accessible library. This is an extremely encouraging move. However, the national accessible library is not mentioned in the responsibilities of any of the Ministry. We recommend that the national accessible library is included in the responsibilities of the Ministry of Social Justice and Empowerment. The Plan makes no mention of the HEPSN scheme and capacity building in colleges and universities. This should be addressed explicitly. In addition, the Plan makes no mention of the role of the UGC. Given the fact that the UGC is responsible for higher education in India, it needs to promote inclusive higher education through adequate capacity building through incentivizing the setting up of resource centers and accessible content creation. It could also interface with organizations like the National Assessment Accreditation Council (NAAC) that is responsible for accrediting colleges and universities to ensure that the provision of certain minimum standards / disabled student registration be made compulsory to receive accreditation and consequent larger share of UGC grants. Financial support for college / university professors (human / technological) needs to be specifically mentioned and augmented over the Xlth plan outlays. Several existing plans including the ADIP Scheme and the IEDC Scheme need to be brought in line with practical realities and the amounts payable under such Scheme should be significantly enhanced.

IV. Employment
Point 24.221 rightly highlights reservation as being critical. However, the Plan does not tackle the issue of the huge backlog in this area that has crept in over the year. The Plan must deal with this issue on a priority basis. The Plan should also provide for bridge training to be provided to persons with disabilities to enable them to be equipped to perform their respective roles after they are recruited to mainstream jobs. In this connection it is critical that all government offices must be made accessible (both in terms of physical accessibility and also in terms of accessibility of the electronic infrastructure) failing which disabled employees will not be able work from these offices. Point 24.225 should be therefore adequately modified to reflect this. The Plan should provide for setting up of career guidance cells in every district for persons with disabilities. The Plan should provide financial outlay to ensure that they necessary assistive aids such as computer screen reading software is made available at government offices free of cost for employees with visual impairment. Lastly the Plan should also provide financial outlay to ensure that accessible transport is provided to persons with disabilities to travel to and from the work place. In the alternative the Plan should provide for additional payments to be made to ensure that persons with disabilities can make their own arrangements to take the mode of transport they are most comfortable in to come and go from their workplace.

V. Accessibility
Access to the physical environment as well as to information, technology and communication is an essential requirement for integration of persons with disability into mainstream society. It is critical to recognize that the lack of provision of accessibility is the same as discrimination against persons with disabilities. The provision of accessibility both by the Government and by the private sector is therefore critical and the Plan must make an effective strategy to ensure that both these stakeholders provide the necessary accessibility to persons with disabilities.

While accessibility is tackled in a general manner in point 24.225, this has not been adequately tackled in the responsibilities of the Ministries in the subsequent pages of the document. The responsibilities of each of the Ministries with respect to accessibility must be explicitly specified in the document. While the Ministry of Communication and Information Technology has been allotted some responsibilities, this does not cover access to content, access to telecommunication services or access to broadcasting. For further information on access to content, telecommunication services and broadcasting see Annexure A. In addition, point 24.225 mentions that only important government buildings must be made accessible. This approach is fraught with danger and the Plan must provide for all government buildings and buildings accessible to the public in general must be made accessible. The Government must also formulate a set of standards for accessibility.

We would also like to point out that the recommendation under the obligations of the Ministry of Railways to provide one coach for persons with disabilities is blatant discrimination and is "ghettoisation" of persons with disabilities. It is submitted that this is the same as asking any other minority community to use only a particular coach on the train and is in violation of Article 14, Article 15 and Article 21 of the Constitution. This provision will prevent persons with disabilities from having equal access to the air conditioned coaches, first class coaches and will also prevent persons with disabilities from travel on an equal basis with others. The Ministry of Railways should instead be mandated to ensure that every coach is made accessible for persons with disabilities. In addition, the Plan requires the Ministry of Railways only to make multilevel and multiple platform railways stations to be made accessible. This is blatantly discriminatory to rural India. We therefore recommend that all railway stations are made accessible, including toilets, rest rooms etc.

VI. Independent Living
In point 24.226, the Plan does touch upon the subject of Independent Living. However, there needs to be detailed specifications on the manner in which Independent Living for persons with disabilities are provided. The setting up of Independent Living Centres is extremely crucial in light of Article 19 of the United Nations Convention on the Rights of Persons with Disabilities. While this is not something which can be achieved overnight, the Government can begin by commissioning the setting up of one independent living centres or townships in each State over the next 5 years, which are fully accessible, and thus creating a model which can be replicated easily in the years to come. This would include independent living for persons with physical disability as well as psychosocial disabilities.

It has come to our attention that there has been a report filed by a committee under the Chairmanship of Additional Secretary, Department of Rural Development, Ministry of Rural Development, to make recommendations on the criteria for grant of benefits under the Indira Gandhi National Disability Pension Scheme. While the Scheme already includes "severe" and "multiple" disabilities, the Committee has also recommended the specific inclusion of autism and cerebral palsy. While the committee report itself is not available, this information is available in the press note . Choosing specific categories should not be encouraged whereas disability should be acknowledged based on the definition for persons with disabilities as provided by UNCRPD.

A crucial aspect to a real development of an individual with disability is not just pension but the support and assistance that he or she requires to live independently by effectively functioning and contributing in the family and community. In this respect, there is a huge requirement for personal assistants for persons with severe and profound disabilities. The National Social Assistance program should look at allocating funds to be disbursed for the payment of personal assistants for persons with disabilities rather than mere pension.

VII. Identity Cards and BPL Cards
We urge that the Plan takes all steps to ensure that identity cards are made available to all persons with disabilities in the country to ensure that they can easily access all the benefits available to them. These cards should be recognized throughout the country and accepted by all departments and authorities. We also urge that the Plan redoubles it efforts to ensure that BPL Cards are given to the applicable persons with disabilities.

Conclusion

In conclusion, we appreciate the initiative of the Government to double the financial outlay for persons with disabilities in the Twelfth V Year Plan to Rs. 32684 crores. However, there are significant areas that must be tackled as mentioned above if there has to be meaningful progress of persons with disabilities. We humbly request the Government to consider the points given above when finalizing the Plan.

We are happy to provide you any additional information in this connection.

Thank you and best regards,
Prepared by

Inclusive Planet Centre for Disability Law and Policy
Rahul Cherian and Amba Salelkar

With Input From:

Centre for Internet and Society
Nirmita Narasimhan
nirmita@cis-india.org
Xavier's Resource Center for the Visually Challenged
Sam Taraporevala
sam@xrcvc.org
Daisy Forum of India
Dipendra Manocha
dipendra.manocha@gmail.com
Andhjan Kalyan Trust
Praful Vyas
aktrust.drj@gmail.com
Parivaar
J.P. Gadkari
jpgadkari@gmail.com
Ummeed Child Development Centre
vibha.krishnamurthy@ummeed.org
National Centre for Autism, India
Merry Barua
actionforautism@gmail.com
Network of Persons with disAbility Organisations
Srinivasulu
npdoap@gmail.com
Disabilities Legislative Unit, South
dlu.south@gmail.com
National Platform for the Rights of the Disabled
A. Muralidharan
nprd.in@gmail.com

[1]. http://whqlibdoc.who.int/publications/2011/9789240685215jeng.pdf
[2]. Protection acknowledging that Persons with Disabilities have 'un-evolved' capacities as a consequence of their disabilities and thereby have rights to protection; on the part of parents, community and the State from abuse and from participation in activities likely to cause them harm.

ANNEXURE A - Access to Content, Telecommunication Services and Broadcasting

Access to Content

Objective
All published content, whether printed or electronic, must be made available in accessible formats at the same time as it is first published and with no extra cost or hardship to persons with disabilities.

Strategy/ activities

Books for education- both at the school and university levels, must be made available in accessible electronic formats. This could be a target to be achieved in five years. CBSE and state board syllabi in all languages may be made available in accessible electronic formats.
Funds may be outlayed towards digitizing public libraries.
Government may frame schemes for funding disability organizations which are engaged in converting books into accessible formats, as is done in other countries like USA.
All the public libraries should have the facility to provide books in accessible formats to its disabled readership.
Government may promote open access and open education resources amongst educational, scientific and research organizations and libraries and stress the need for accessibility.
All government information must be available in accessible formats which can be accessed on multiple platforms like computers or mobile phones, including information provided through RTIs, etc.
All archives containing digital copies of books must be able to provide a requested book in an accessible format, even where they have been unable to completely digitize their archives in an accessible manner. However, the long term target must be to have all archives completely accessible.

Access to Telecommunication Services

Objective:
To ensure that every person with a disability has access to basic telephone and broadband services both in rural as well as urban areas.

Strategy/ Activities:

Public Kiosks and Common Service Centres set up by the Government must have at least one machine which is fitted with assistive technology for every ward.
Each school and college with an ICT centre must have at least one computer befitted with assistive technology and should be manned by a trained instructor who can guide students in using them.
Research and development must be funded in open source and cloud based solutions like screen readers and operating systems which will facilitate universal access at no cost to user. These research projects must necessarily have persons with disabilities to advise on the efficacy and design of the product.
Assistive technologies for computers and mobile phones must be developed in local languages and be made available at low cost.
Schemes may be launched to provide funds to persons with disabilities to purchase assistive technologies for their computers or handsets.
Each household with a person with disability must have a broadband connection and telephone connection.
At least 1 public pay phone in each area must be accessible with texting facility.
A national toll free emergency number must be set up like Reach 112 in Europe.
TRAI must include persons with disabilities in its periodic survey to gauge their access to telecommunication services. Similarly the DoT and DIT must make available data on ICT access for persons with disabilities.
A Code of Good practice should be evolved for servicing disabled customers which contains both minimum as well as best practices to be adhered to by service providers.

Service providers/ operators:

Should make their services accessible for persons with disabilities. Information about their accessible services must be available on their web site, which should also adhere to WCAG standards.
Should collect data on the number of their disabled customers and frame at least 1 or 2 schemes for persons with different disabilities and provide basic accommodations like accessible billing and accessible customer care. They could have a public relations officer to service the complaints of disabled customers.

The charter of the Universal Service Obligation Fund must be expanded to include 'persons with disabilities' as an underserved community and all ongoing projects must be made inclusive.
The DoT must make special mention of persons with disabilities in the Telecom Policy and also formulate specific policies to connect them with accessible telecom services.

Access to Broadcasting

Objective
To provide broadcasting access to persons with various disabilities.

Strategy/ Activities:

It must be made mandatory for all television programming to be recorded with clearly legible and appropriate audio descriptions and closed captioning.
All films must have clearly legible and appropriate closed captioning and audio description, and sign language tracks recorded and this must be made a prerequisite for obtaining a censor certificate.
All new theatres must have facilities for patrons to access closed captioning/audio descriptions/sign language, without which they should not be granted licenses. Existing theatres should be granted a period of 1 year within which such facilities should be obtained. These facilities should be available at no extra charge beyond that of the ticket to patrons.
In the ongoing compulsory digitalization of cable television in India, all set top boxes being procured must be made accessible to persons with vision/cognitive disabilities. Optional voice navigation must be made mandatory for all set top boxes being sold/imported into India.
All new television receivers/set top boxes must have built-in decoder circuitry or capability designed to display closed captioned video programming, the transmission and delivery of video description services, and the conveyance of emergency information. Existing patrons should be allowed to exchange their television receivers/set top boxes for accessible ones.
All new television sets sold or imported in India must be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming/ audio descriptions, and have the capability to decode and make available the transmission and delivery of video/audio description services, and have the capability to decode and make available emergency information in a manner that is accessible to individuals who are disabled.

Inclusive Planet Centre for Disability Law and Policy
12/21 Custain Beach Road, Santhome,
Chennai - 600 004.
Tel: +91-44-24611313
Fax: +91-44-24617924
www.inclusiveplanet.org.in

For more details visit https://cis-india.org/accessibility/blog/feedback-on-draft-twelfth-five-year-plan

Commemorating Ulo Senthamizh Kodai (1945 - 2024): A Luminary of Tamil Open Knowledge Movement

pavan — 2024-02-08T14:59:50Z

பயன்தூக்கார் செய்த உதவி நயன்தூக்கின் நன்மை கடலின் பெரிது. (௱௩ - 103) திருவள்ளுவர் (Payandhookkaar Seydha Udhavi Nayandhookkin Nanmai Katalin Peridhu (Transliteration). The contribution made without weighing the return, When weighed, outweighs the sea. - Thiruvalluvar

With deep sorrow, we announce the passing of Ulo Senthamizh Kodai (December 22, 1945 – February 1, 2024), a distinguished technologist, author, academician, and prolific contributor to the Tamil Wikipedia community.[1] Born on December 22, 1945, in the village of Puducherrypalli in Thiruvallur district, Tamil Nadu, India, He devoted his life to engineering, science, and promoting scientific knowledge in Tamil.

Ulo Senthamizh Kodai earned his Bachelor's degree in Electrical Engineering from Guindy Engineering College and a Master's degree from PSG College of Technology in Coimbatore. His illustrious 33-year career at the Tamil Nadu Electricity Board included earning a Ph.D. He authored the acclaimed book "Makkal Ariviyal Ilakkiyam: Nokkum Pokkum" and received the Tamil Nadu Government's award for best book in engineering and technology in 2007.

Passionate about Tamil Nadu's science and technology history, Ulo Senthamizh Kodai contributed extensively to scientific vocabulary in Tamil. He served on the editorial board of the Bharathidasan University Journal of Science and Technology and significantly contributed to the Tamil Virtual Academy's glossary of technical terms.

In addition to academia, He was a luminary in the Tamil Wikipedia community, starting his contributions in 2014. He created over 2000 articles and had an edit count of 28513 in Tamil Wikipedia, focusing mainly on scientific articles. He was actively involved until his final days, participating in discussions and editing articles until January 29, 2024.

Ulo Senthamizh Kodai leaves behind a legacy continued by his son Vanchi. His impact on Tamil science and the Wikipedia community is immeasurable, with notable contributions to projects like the 100 WikiDays and the Tamil Teachers' Articles Cleanup Drive.

Members of the Tamil Wikipedia community mourn his passing. Fellow Wikipedian Mahalingam noted, "The passing of Ulo Senthamizh Kodai is a great loss to us all." Former colleague Jambulingam remembered his dedication and encouragement, while longtime contributor K. Murthy recalled Ulo Senthamizh Kodai's resilience despite physical challenges.

Ulo Senthamizh Kodai's contributions were recognized with accolades, including featuring on the main page of Tamil Wikipedia in 2016 and various barnstars and medals from fellow Wikipedians.

As we bid farewell to Ulo Senthamizh Kodai, we remember him not only for his significant contributions to Tamil science and Wikipedia but also for his unwavering dedication to knowledge, education, and the Tamil language. His passing leaves a void in the community, and he will be dearly missed.

We are planning to host a condolence meeting online and we will soon provide information about that. We encourage people to share their memories/experiences of their association with Ulo Senthamizh Kodai on this thread.

Tamil Wikimedians & CIS-A2K.

[1] Biographical Article about Ulo Senthamizh Kodai in Tamil Wikipedia

[2] Userpage of Ulo Senthamizh Kodai in Tamil Wikipedia

For more details visit https://cis-india.org/a2k/blogs/commemorating-ulo-senthamizh-kodai-1945-2024-a-luminary-of-tamil-open-knowledge-movement

CODE Session

praskrishna — 2016-01-13T13:39:43Z

CODE Project is an IDRC funded project, and CIS is a partner institution, along with PIJIP at American University Washington College of Law, USA, Karisma Foundation, Colombia, Derechos Digitale, Chile, American Assembly, Columbia University, USA and FGV, Rio.

At this session held in New Delhi on December 17, 2015, CIS presented some preliminary research and sought input on methodology as well as content. The project broadly studies law and policy environment that facilitates/hinders content creation online in Brazil, US, India, Colombia and Chile. A second part of the project, led by PIJIP is developing a copyright index, to chart copyright law developments in many countries around the world. Nehaa Chaudhari and Anubha Sinha participated in the open session.

For more details visit https://cis-india.org/a2k/news/code-session

Clause 12 Of The Data Protection Bill And Digital Healthcare: A Case Study

amber — 2022-03-01T15:07:44Z

In light of the state’s emerging digital healthcare apparatus, how does Clause 12 alter the consent and purpose limitation model?

The blog post was published in Medianama on February 21, 2022. This is the second in a two-part series by Amber Sinha.

In the previous post, I looked at provisions on non-consensual data processing for state functions under the most recent version of recommendations by the Joint Parliamentary Committee on India’s Data Protection Bill (DPB). The true impact of these provisions can only be appreciated in light of ongoing policy developments and real-life implications.

To appreciate the significance of the dilutions in Clause 12, let us consider the Indian state’s range of schemes promoting digital healthcare. In July 2018, NITI Aayog, a central government policy think tank in India released a strategy and approach paper (Strategy Paper) on the formulation of the National Health Stack which envisions the creation of a federated application programming interface (API)-enabled health information ecosystem. While the Ministry of Health and Family Welfare has focused on the creation of Electronic Health Records (EHR) Standards for India during the last few years and also identified a contractor for the creation of a centralised health information platform (IHIP), this Strategy Paper advocates a completely different approach, which is described as a Personal Health Records (PHR) framework. In 2021, the National Digital Health Mission (NDHM) was launched under which a citizen shall have the option to obtain a digital health ID. A digital health ID is a unique ID and will carry all health records of a person.

A Stack Model for Big Data Ecosystem in Healthcare

A stack model as envisaged in the Strategy Paper, consists of several layers of open APIs connected to each other, often tied together by a unique health identifier. The open nature of APIs has the advantage that it allows public and private actors to build solutions on top of it, which are interoperable with all parts of the stack. It is however worth considering both the ‘openness’ and the role that the state plays in it.

Even though the APIs are themselves open, they are a part of a pre-decided technological paradigm, built by private actors and blessed by the state. Even though innovators can build on it, the options available to them are limited by the information architecture created by the stack model. When such a technological paradigm is created for healthcare reform and health data, the stack model poses additional challenges. By tying the stack model to the unique identity, without appropriate processes in place for access control, siloed information, and encrypted communication, the stack model poses tremendous privacy and security concerns. The broad language under Clause 12 of the DPB needs to be looked at in this context.

Clause 12 allows non-consensual processing of personal data where it is necessary “for the performance of any function of the state authorised by law” in order to provide a service or benefit from the State. In the previous post, I had highlighted the import of the use of only ‘necessity’ to the exclusion of ‘proportionality’. Now, we need to consider its significance in light of the emerging digital healthcare apparatus being created by the state.

The National Health Stack and National Digital Health Mission together envision an intricate system of data collection and exchange which in a regulatory vacuum would ensure unfettered access to sensitive healthcare data for both the state and private actors registered with the platforms. The Stack framework relies on repositories where data may be accessed from multiple nodes within the system. Importantly, the Strategy Paper also envisions health data fiduciaries to facilitate consent-driven interaction between entities that generate the health data and entities that want to consume the health records for delivering services to the individual. The cast of characters involve the National Health Authority, health care providers and insurers who access the National Health Electronic Registries, unified data from different programmes such as National Health Resource Repository (NHRR), NIN database, NIC and the Registry of Hospitals in Network of Insurance (ROHINI), private actors such as Swasth, iSpirt who assist the Mission as volunteers. The currency that government and private actors are interested in is data.

The promised benefits of healthcare data in an anonymised and aggregate form range from Disease Surveillance to Pharmacovigilance as well as Health Schemes Management Systems and Nutrition Management, benefits which have only been more acutely emphasised during the pandemic. However, the pandemic has also normalised the sharing of sensitive healthcare data with a variety of actors, without much thinking on much-needed data minimisation practises.

The potential misuses of healthcare data include greater state surveillance and control, predatory and discriminatory practices by private actors which rely on Clause 12 to do away with even the pretense of informed consent so long as the processing of data is deemed necessary by the state and its private sector partners to provide any service or benefit.

Subclause (e) in Clause 12, which was added in the last version of the Bill drafted by MeitY and has been retained by the JPC, allows processing wherever it is necessary for ‘any measures’ to provide medical treatment or health services during an epidemic, outbreak or threat to public health. Yet again, the overly-broad language used here is designed to ensure that any annoyances of informed consent can be easily brushed aside wherever the state intends to take any measures under any scheme related to public health.

Effectively, how does the framework under Clause 12 alter the consent and purpose limitation model? Data protection laws introduce an element of control by tying purpose limitation to consent. Individuals provide consent to specified purposes, and data processors are required to respect that choice. Where there is no consent, the purposes of data processing are sought to be limited by the necessity principle in Clause 12. The state (or authorised parties) must be able to demonstrate necessity to the exercise of state function, and data must only be processed for those purposes which flow out of this necessity. However, unlike the consent model, this provides an opportunity to keep reinventing purposes for different state functions.

In the absence of a data protection law, data collected by one agency is shared indiscriminately with other agencies and used for multiple purposes beyond the purpose for which it was collected. The consent and purpose limitation model would have addressed this issue. But, by having a low threshold for non-consensual processing under Clause 12, this form of data processing is effectively being legitimised.

For more details visit https://cis-india.org/internet-governance/blog/medianama-february-21-2022-amber-sinha-data-protection-bill-digital-healthcare-case-study

Classical Odia Language in the Digital Age

subha — 2014-07-28T07:41:51Z

The essay was published in the June edition of Odisha Review, a magazine published by Government of Odisha's Department of Information and Public Relations.

Click to read the original article published in Odisha Review here.

Odisha’s documentation and archival history dates back to the pre-Kalinga civilization that existed more than 5,000 years back in which today’s Odisha was a major part of it. It, later was more vibrant when Kalinga kingdom and was widespread from Ganga to Godavari, geographically consisting of modern day Odisha entirely and partly Bangladesh, West Bengal, Bihar, Jharkhand, Madhya Pradesh, Chattishgarh, Andhra Pradesh, Telengana and part of Tamilnadu and Kerala. The epigraphs of cave painting in Gudahandi and stone inscriptions of Hatigumpha in Udayagiri complex are a few examples of the early documentations that the ancestral Kalingan tribes had made. Furthermore, the early Buddhist poets of Kalinga (popularly known as 64 Sidhapada) wrote “ doha ” (spiritual verses) in Pali language. Pali is the language of all of the Buddhist literature and predecessor of modern Odia, Maithili, Bangla and Assamese language and has deep impact on many other Indic languages. Odia has travelled through a long journey of “Tambapata ” (bronze plate inscription), “Talapatra” (palm leaf manuscripts), printed books since early 18th century and e-books in the modern days. Years of history that have perished during invasions by foreign invaders could have told more about this civilization. Modern Odisha state, so far has been able to uphold the pride of having the largest number of palm leaf manuscripts (over 20,000 manuscripts) in the world. Odia printing and publication industry is spread across all the 30 administrative districts of Odisha and other Indian cities like Kolkata and New Delhi and to some extent in some parts of Surat. A few million books would have been printed starting from the first book “New Testament ” that got printed in 1809.[1]

In this chronology there comes the new age reading tools “e-books” or electronic books less formally initiated in the eighties by students of Regional Engineering College, Rourkela (Now National Institute of Rourkela) and now crossed a decade.[2]

Odia got classical status on 20 February this year after 5 other Indian languages on the basis of its literary heritage of over three millennia. Interestingly, it is older than most of the most spoken languages in the world. Like many other mighty civilizations, traders of this region conquered places and took their language and culture to their occupied colonies. Early traders of Kalingan Sadhabas were trading silk and spices with South Asian countries. With them travelled Kalinga’s language and culture. When all of the other language’s have been able to have a strong presence on the Internet, online content available in Odia is way limited compared to even other Indic languages. It has been almost a decade since Odia support is available in most computers across operating systems. But, the digital desktop publishing (DTP) published resources are still not available in a searchable manner – not on internet or in a computer locally. Currently, the Odia publication industry uses proprietary standard fonts for Odia typing. Akruti, LEAP office, Shreelipi are name to few. All of these were the only means for printing books using desktop publishing at one point of time. But, these encoding systems are out-of-date. The major drawback of these fonts is, they have regular Latin characters replaced by Odia characters. If a document is typed using one such fonts is sent to someone it is difficult to even read or reuse if the person in the receiving end does not have the exact font used for typing. As already mentioned the fonts are commercial and proprietary and it is mandatory to buy them to use. In reality most of the users do not buy and use pirated versions of the software for work.

The printed documents typed in one standard is not compatible with the other one. To avoid this problems, an advanced universal standard called “Unicode” was released in early 2000. Unicode has both Odia and Latin characters in a font that allows both the scripts to be displayed correctly at the same time. It is universally compatible and all the operating systems have Unicode fonts installed in the computers. This takes the pain of installing multiple fonts to access any typed text. Searching any text typed in Unicode is as simple as googling something in English. Moreover, documents typed using one Unicode font could be read using another Unicode font. Unfortunately, none of the Odia newspapers have their publications in Unicode at this moment.

This, practically does not allow any reader to search, access, reuse and quote any content. Same is the case for all other published resources like books and magazines. More than 80 per cent of the published content are not even released online and also not archived.

Many publishers, intimidated of online content plagiarism have been protecting their publications. Unfortunately, copyright laws in India are not stringently practiced unlike the west. This has given rise to a parallel piracy market for the movies and music over the years. Interestingly, books are not of that much demand as music and movies are. As a result of the lingua-cultural shift to English from native languages regional language publications are not widely sold in the post-colonial Indian book market as compared to the English publications. The case of the use of Odia language as a language of governance is still not put in place. Odia is still to be used as a medium for official communication in all of the government offices. English medium educational Boards have been domineering over the Odisha state Board. Despite of these challenges, number of Odia dailies is slowly growing. There are around 100 newspapers published daily from various regions of Odisha. It is essential to note that news archives, unlike literary writings have much of any kind of high commercial value. So is in the case of scholarly and research publications. If all of these publications could be made available online in digital form that will take Odia literature to the global audience. This triggers the need of A) making sure the forthcoming publications are not just typed in Unicode but made available online, B) digitization of published books and making them available free on internet.

It is essential to take measures to ascertain the forthcoming publications use Unicode standard and digitizing published matter and publishing them online. Online content could be made available in Unicode and has trillion times reach than printed matter. As a vast number of the users use Microsoft’s Windows XP they could either upgrade their operating system or move to completely free and open source and Linux based operating systems like Ubuntu. At this moment, Odia has far less content on internet.

Odia Wikipedia tops the list of Odia Unicode content websites and is the largest Odia online encyclopaedia with over 8,000 articles. Available for free on or.wikipedia.org, Odia Wikipedia is a community project where any user could create, edit and modify content. The articles being encyclopaedic and referenced from other reliable sources has some level of authenticity. As this is a small project and is developing it needs more voluntary contribution to grow to a larger project that could serve the purpose of an Open Educational Resources (OER) for students. There are a handful of web and news portals maintained by individuals and organizations that have Odia content in Unicode. The other upcoming project is Odia Wikisource which is an online library. Odia books that are useful for the Odia speaking community like classical literature, religious scriptures, dictionaries and lexicons, journals and research papers and manuscripts could go online on this platform. The most important thing about these two projects is that they both have only volunteers as contributors and anyone and everyone could contribute. Any individual or organization who is interested could add a lot of value to Odia language by contributing the process of digitizing content and making them available for free. These projects, additionally are released under Creative Commons Share-Alike licenses that allows free reuse, modification and commercial reproduction of content. Many valuable books could also be part of Odia Wikisource.

Srujanika, a Bhubaneswar based organization in collaboration with National Institute of Technology, Rourkela and Pragati Utkal Sangh, Rourkela has scanned over 760 Odia books. Out of these, over 200 books are hosted in a non-profit project “Open Access to Oriya Books (OAOB)” and hosted at: oaob.nitrkl.ac.in. Organizations like Manik-Smrutinyas and Institute of Odia Studies and Research have re-licensed books of noted author Dr. Jagannath Mohanty and Dr. Debi Prasanna Pattanayak and Subrat Prusty respectively to Creative Commons licenses for free, commercial distribution. Majority of the resourceful magazines like The Utkal Prasanga could be also made available in Unicode standard by changing its copyright terms to Creative Commons licenses. Larger debates are also needed to convince authors and knowledge and information producing organizations/departments like universities and government’s departments (e.g.Information and Public Relations, Department of Mass Education and Department of Statistics.) to migrate from proprietary copyright restrictions to reusable licenses like Creative Commons licenses. This will not only will help for more public-private collaboration and knowledge production but also taking language resources to masses which is discontinued because of lack of updated technological advancement like use of Unicode font and digitizing valuable content. Government portals need Odia localization in Unicode standard so public get access to information in Odia language and this could make e-governance much more easier. Government notifications that often are released publicly are found to be released in image formats. Many such public and private information could just be released in plain text that will increase the searchability, accessibility and reusability million times.

Footnotes:

[1].Pattnaik, Pushpashree. Presentation on digitization of Odia books in Utkal University (21 February 2014).

[2].Mohanty, Jagadish, eSabada. eOdissa.com (2009 - 2010).

For more details visit https://cis-india.org/openness/blog-old/odisha-review-june-2014-classical-odia-language-in-digital-age

Clash of the cyberworlds

praskrishna — 2013-01-15T06:57:48Z

In an increasingly digital world, the issue of Internet freedom and governance has become hugely contested. Censorship and denial of access occur across the political spectrum of nations, even in liberal democracies.

The article by Latha Jishnu, Dinsa Sachan and Moyna was published in Down to Earth magazine's January 15, 2013 issue. Pranesh Prakash is quoted.

In run-up to the just-concluded World Conference on International Telecommunications in Dubai, there was a frenzied campaign to ensure that governments kept their hands off the Internet. It was feared the International Telecommunications Union, a UN body, was aiming to take control of the Internet. That hasn’t happened. But the outcome in Dubai has highlighted once again the double speak on freedom by countries that claim to espouse it and by corporations interested in protecting their interests, says Latha Jishnu, who warns that the major threat to the Internet freedom comes from the wide-ranging surveillance measures that all governments are quietly adopting. Dinsa Sachan speaks to institutions and officials to highlight the primacy of cyber security for nations, while Moyna tracks landmark cases that will have a bearing on how free the Net remains in India.

For months now a little-known UN agency, the International Telecommunication Union (ITU), has been looming large in cyberspace, portrayed as an evil force plotting to take over the Internet and threatening to destroy its freedom by rewriting archaic regulations. ITU, set up in 1865, is primarily a technical body that administers a 24-year-old treaty, International Telecommunication Regulations (ITRs), which are basic principles that govern the technical architecture of the global communication system.

	How did the 193-nation ITU, which regulates radio spectrum, assigns satellite orbits and generally works to improve telecom infrastructure in the developing world, turn into everyone’s favourite monster in the digital world? The provocation was ITU’s World Conference on International Telecommunications (WCIT) in Dubai, where ITRs were proposed to be revised. Leaked documents of the proposals made to ITU had shown that statist countries like Russia and China, known for their crackdown on Internet freedom, had put forward proposals to regulate digital “crime” and “security” aspects that are currently not regulated at the global level for want of consensus on balancing enforcement with protection of individual rights.

Other proposals were about technical coordination and the setting up of standards that enable all the devices, networks and software across the Internet to communicate and connect with one another. Although ITU secretary general Hamadoun I Touré had emphasised that the Dubai WCIT was primarily attempting to chart “a globally agreed-upon roadmap that offers future connectivity to all, and ensures sufficient communications capacity to cope with the exponential growth in voice, video and data”, there was widespread scepticism among developed countries.

Online subversion in India AT the seventh annual meeting of the Internet Governance Forum in Baku, Azerbaijan, last November, Minister for Communications and Information Technology Kapil Sibal was a star turn. He made an elevating speech about the need to put in place a “collaborative, consultative, inclusive and consensual” system for dealing with policies involving the Internet. India, with 125 million Internet users—a number that “is likely to grow to about half a billion over the next few years”—would be a key player in the cyberworld of tomorrow, he promised. According to the minister, Internet governance was an oxymoron because the concept of governance was for dealing with the physical world and had no relevance in cyberspace. These were high sounding words that crashed against the reality of India’s paranoia over online subversion. For starters, Sibal flew into a media blitz over Google’s transparency Report which ranked India second globally in accessing private details of its citizens. Even if it was a far second behind the US, it was an embarrassing revelation for the government which appears to have been rather enthusiastic in seeking information on the users of its various services. Such user data would include social networking profiles, complete gmail accounts and search terms used. In the first half of 2012, India made 2,319 requests related to 3,467 users compared with 7,969 requests by the US. Globally, Google clocked a total of 20,938 requests for user data. A few days down the line there was a public explosion over the arrest of two young women in Palghar, near Mumbai, for posting a prosaic comment on Facebook over Bal Thackeray’s death. Thanks to the deliberately vague wording of Section 66A of the IT Act, such arrests have become common and Rajya Sabha devoted a whole afternoon to discuss the impugned legislation and seek its withdrawal. Sibal’s response has been to issue guidelines on the use of this Section which civil society organisations say will do nothing to sort out matters. Then there are the IT (Intermediaries Guidelines) Rules, 2011, issued under Section 79 of the IT Act, which have been used indiscriminately by business interests to shut down websites, resulting in unbridled censorship of the Internet time and again. Although a motion for its annulment was moved in Parliament by Rajya Sabha member P Rajeeve, it was withdrawn after Sibal promised to talk to all stakeholders. A host of MPs have termed the rules a violation of right to freedom of speech besides going against the laws of natural justice. The promised meeting of stakeholders has not yielded any results and censorship on grounds of possible online piracy continues. In this regard, India is more restrained than the US which has pulled down huge numbers of domains on the ground they were violating intellectual property by selling pirated goods.

Western global powers, behemoth Internet companies, private telecom corporations and almost the entire pack of civil liberties organisations came together in a frenzied campaign to ensure that ITU kept its hands off the Internet. Massive online petitions were launched, backed by Internet companies such as search engine Google and social networking service Facebook. The Internet, they said, should not become an ITU remit because it would change the multi-stakeholder approach, which currently marks the way the Internet is governed, and replace it with government control that would curb digital freedom. Not only did the US administration oppose the revision of ITRs, the US Congress also passed a rare unanimous resolution against the WCIT proposals.

In the end, it was an anti-climax: nothing much came of these proposals. Although WCIT was marked by high drama—a walkout by the US and six European countries, a show of hands on a contested but innocuous resolution and an unexpected vote—the “final acts” (http://www.itu.int/en/wcit-12/Documents/final-acts-wcit-12.pdf) or the changes in ITRs make no mention of the I word. Not once. The 30-page document states at the outset that “these regulations do not address the content-related aspects of telecommunications” —an indirect reference to the Internet.

	Ultimately, it was a triumph of the US-led position even if 89 of the 144 eligible countries signed it. Most of the developed countries refused to sign it. Nor, unexpectedly, did India, and thereby hangs a curious tale. Officials who were privy to the negotiations told Down To Earth that India was all set to sign the new ITRs when its delegation got last-minute instructions from Delhi not to endorse them. “It was unexpected and a let-down for India and our global allies,” confesses an official of the Ministry of Communications & IT. “There was nothing in the final document that we had objections to.” According to the grapevine, Minister for Communications and Information Technology Kapil Sibal was facing pressure from two sides: the US Administration and domestically from civil society, Internet service providers and the private telecom players who had objected to India’s proposals on ITRs. The US is known to be keeping a close eye on what India decides to do on the new treaty which it can still ratify. In the Dubai treaty, the only ITR that does impinge on the Net is (Article 5B) on unsolicited bulk electronic communications or spam. But even here, what it merely states is that member-states should endeavour to take necessary measures to prevent the “propagation of unsolicited bulk electronic communications and minimize its impact on international telecommunication services.”

In many ways, what took place during the hectic days before and during the December 3-14 WCIT was in a broad sense a replay of the Cold War scenario of the good (freedom-loving countries) versus evil (authoritarian or autocratic regimes), although alliance may have shifted in the two blocs. What is clear is that a larger geopolitical fight is playing out with the Internet as disputed terrain. American analysts themselves have pointed out that the “US got most of what it wanted. But then it refused to sign the document and left in a huff.”

Even the innocuous Article 5A, which calls on members “to ensure the security and robustness of international telecommunication networks”, was interpreted by US delegation head Terry Kramer as a means that could be used by some governments to curb free speech!

As an outraged Saudi delegate said, “It is unacceptable that one party to the conference gets everything they want and everybody else must make concessions. And after having made many concessions, we are then asked to suppress the language which was agreed to. I think that that is dangerous. We are on a slippery slope.” The final outcome: all the contentious issues were relegated to resolutions, which have no legal basis.

Indeed, the US has managed to get its way on most issues: protecting the mammoth profits of its Internet companies and ensuring that control of the Internet address system, now done by a group based in the US, will not be shared with other ITU members. And, the likes of Google (2011 profit: $37.9 billion) and Facebook will not have to pay telecom companies for use of their networks to deliver content.

Challenges of securing cyberworld

E-commerce in India, where every tenth person is online, is on the rise—and, consequently, crime on the Internet. In 2011, the country’s nodal agency for handling cyber crime, Indian Computer Emergency Response Team, tackled 13,301 incidences of security breach. The incidents ran the gamut from website intrusions, phishing to network probing and virus attacks. Further, in 2009, 2010, 2011 and 2012 (until October), there were 201, 303, 308 and 294 cyber attacks respectively on sites owned by the Indian government. Most notably, hacker group Anonymous defaced the website of Union Minister of Communications and Information Technology, Kapil Sibal.

To beef up cyber security, the Union ministry plans to pump in Rs 45 crore in 2012-13. It also put up a draft cyber security policy for public comments in 2011. Currently, cases involving cyber security and crime are handled under the IT Act of 2000 (Amendment 2008) and the Indian Penal Code.

But will the government go about its business of securing the Net in a responsible manner? There is scepticism. Section 69 of the Act gives any government agency the right to “intercept, monitor or decrypt” information online. Chinmayi Arun, assistant professor of law at National Law University in Delhi, said at the Internet Governance Conference held at FICCI in October that crimes like defamation are not on the same page as cyber terrorism, and “we have to question whether they warranty invasion of privacy”. She added that the workings of the surveillance system has to be made more open to build public trust.

Pranesh Prakash, policy director at Centre for Internet and Society (CIS) in Bengaluru, draws attention to a fundamental flaw in the section. “Government is allowed to wire tap under the Telegraph Act, 1885. But the Act lays out specific guidelines for such an action. For example, you can only tap phones in the case of a ‘public emergency’ or ‘public safety’ situation. The IT Act does not put such limitations on interception of information,” he says.

Cyber security and ITU

A few months prior to the controversial World Conference on International Telecommunications in Dubai, countries, including Russia and Arab states, had proposed measures that would, through International Telecommunication Union (ITU), grant disproportional power to countries to control the Internet in the name of security measures. Several proposals, most notably those of India and Arab States, explicitly stated in the proposed Article 5A that countries should be able to “undertake appropriate measures, individually or in cooperation with other Member States” to tackle issues relating to “confidence and security of telecommunications/ICTs”. It raised alarm among civil society. US-based think tank Center for Democracy and Technology (CDT) said in its report dated September, 2012, that cyber security does not fall under the ambit of International Telecom Regulations, and some countries would misuse such privileges for “intrusive or repressive measures”.

The proposal by African member states recommended that nations should “harmonise their laws” on data retention. In other words, intermediaries would have to retain public data for a long period so that governments can access it whenever they please. With regard to this, CDT noted, “Not only do national laws on data retention vary greatly, but there is ongoing controversy about whether governments should impose data retention mandates at all.”

A clause in the Arab proposal on routing said, “A Member State has the right to know how its traffic is routed.” Currently, the way Internet works, senders and recipients do not know how data between their computers travels or is routed. However, enabling countries to have control over routing has its dangers. CDT notes, “(This) would simply not work and could fundamentally disrupt the operation of the Internet.” Internet traffic travels over an IP network. While travelling, it is fragmented into small packets. Packets generally take a different path across interconnected networks in many different countries before reaching the recipient’s computer. CDT notes providing routing information to countries would require “extensive network engineering changes, not only creating huge new costs, but also threatening the performance benefits and network efficiency of the current system”. Although routing was not part of India’s proposal, Ram Narain, deputy director general at the department of telecommunications, told Down To Earth it was one of the country’s concerns.

However, to civil society’s partial relief, such draconian cyber security clauses were not adopted in the new itr treaty. Two clauses added to the treaty, Article 5A and 5B, address some cyber security concerns. Titled “Security and robustness of networks”, Article 5A urges countries to “individually and collectively endeavour to ensure the security and robustness of international telecommunication networks”. Article 5B talks about keeping tabs on spam.

Prasanth Sugathan, senior advocate with Software Freedom Law Centre, an international network of lawyers, says while he would have preferred that the two clauses were kept out of the new treaty, they do not seem harmful. “They are a much toned down version of what Arab states and Russia had suggested,” he says.

This is one reason India, Brazil and other democracies from the developing world also want a change in ITRs. They want the Internet behemoths to pay for access to their markets so that such revenues can be used to build their own Internet infrastructure.

In the furious debate on keeping the Net free of international control even hawk-eyed civil society organisations prefer to ignore the monetary aspects of Net control. Some analysts believe that maintaining the status quo is not so much about protecting the values of the Internet as about safeguarding interests, both monetary and hegemonistic. Such an assessment may not be wide of the mark if one joins the dots. Google, says a Bloomberg report of December 10, “avoided about $2 billion in worldwide income taxes in 2011 by shifting $9.8 billion in revenues into a Bermuda shell company, almost double the total from three years before”. It also said that the French, Italian, British and Australian governments are probing Google’s tax avoidance in its borderless operations.

	What is clear, however, is that a number of countries for reasons springing from different motivations, appear determined to undermine America’s control of the outfits that now define how the Internet works. Although the US maintains that ICANN (Internet Corporation for Assigned Names and Numbers) is a private, non-profit corporation, it is overseen by the US Commerce Department. According to People’s Daily, what the US spouts about Net freedom is so much humbug. In an August 2012 report, the leading Chinese daily claimed the US “controls and owns all cyberspaces in the world, and other countries can only lease Internet addresses and domain names from the US, leading to American hegemonic monopoly over the world’s Internet”. It also highlighted a fact that has slipped below the radar. During the Iraq invasion, the US government asked ICANN to terminate services to Iraq’s top-level domain name “.iq” and thereafter all websites with the domain name “.iq” disappeared overnight. It charges the US with having “taken advantage of its control over the Internet to launch an invisible war against disobedient countries and to intimidate and threaten other countries”. While this may be true, the irony is that China, with its great firewall of censorship, is in no shape to position itself as a champion of freedom. Like other authoritarian countries, it will do everything to police the Net and control it.

The right of countries and peoples to access the Net was highlighted in Dubai when some African countries raised the issue of US control of the global Internet. Some of these, such as Sudan, have long been complaining about Washington’s sanctions that entail denial of Internet services. ITU officials point out that Resolution 69, first passed in the 2008 meeting, invoked again in 2010 and dusted off once again for the WCIT negotiations, invoked “human rights” to argue for “non-discriminatory access to modern telecom/ ICT facilities, services and applications”. Says Paul Conneally, head of Communications & Partnership Promotion at ITU, “The real target of these resolutions are US sanctions imposed on nations that are deemed bad actors. These sanctions mean that people in those countries—not just the government, mind you, but everyone, innocent and guilty alike—are denied access to Internet services such as Google, Sourceforge, domain name registrars such as GoDaddy, software and services from Oracle, Windows Live Messenger, etc.”

The catalogue of Sudan’s complaints shows at least 27 instances in 2012 when companies from Google to Microsoft and Paypal to Oracle cut off their services to the African country. This might explain why major companies would be opposed to the resolution on a right to access Internet services. Such a right would allow countries to use ITRs to compel them to provide services they might otherwise have preferred not to. But so far all such sanctions appear to have been a decision of the US Administration.

The problem of the digital divide, in fact, did not get the headlines it should have. Africa accounts for just 7 per cent of the 2.4 billion people who use the Net worldwide and penetration in the region is just 15.6 per cent of the population. Compare this with North America where over 78 per cent are linked to the digital world and Touré’s logic about the ITU’s mandate appears reasonable.

When Apple censors the drone war NETIZENS know that the Internet suffers from the depredations of government, hackers and viruses. But not many are aware that companies are as prone to taking legitimate stuff off the Net on the flimsiest grounds. In the case of Apple it could have been misplaced patriotism or plain business sense that prompted it to block an app which monitors drone strike locations in November last year. The App Store rejected the product, calling it “objectionable and crude”. Drones+ (see photo) is an application that simply adds a location to a map every time a drone strike is reported in the media and added to a database maintained by the UK’s Bureau of Investigative Journalism. Josh Begley, a graduate student at New York University, who developed the app, says it shows no visuals of war or classified information. All it does is to keep its users informed about when and where drone attacks are taking place in Pakistan and Afghanistan. “This is behavior I would expect of a company in a repressive country like China, not an iconic American company in the heart of Silicon Valley,” says a petition to the company CEO. Did Apple’s censorship have anything to do with the fact that it received huge contracts from the Pentagon? US legislators have joined the protests against Apple. The most brazen act of corporate censorship occurred in August 2012 with NASA’s livestream coverage of the Curiosity rover’s landing on Mars in the space agency’s $2.5 billion mission. A news agency, Scripps, coolly claimed as its own the public domain video posted on NASA’s official YouTube channel that documented the epic landing (see our opening visuals). “This video contains content from Scripps Local News, who has blocked it on copyright grounds. Sorry about that,” said a message on NASA’s blackened screen. So much for the strict US laws aimed at curbing online piracy!

Touré noted that the revised ITRs would see greater transparency in global roaming charges, lead to “more investment in broadband infrastructure” and help those with disabilities. But he was hopeful that the new treaty signed in Dubai would make it possible for the 4.5 billion people still offline to be connected. “When all these people come online, we hope they will have enough infrastructure and connectivity so that traffic will continue to flow freely,” Touré said.

But should ITU govern the Net? Not in its entirety, according to experts. For one, ITU until the Dubai meeting was far from being transparent and does not allow participation of civil society or other stakeholders in its negotiations unless they are part of the official delegation of the member-states. In fact, even critics of the current system, who think the system is lopsided and hypocritical, believe ITU needs to reform itself and confine to the carrier/infrastructure layer of the Internet. Nor should it get into laying down standards which is done by Internet Engineering Task Force (IETF) and the naming and numbering that is managed by ICANN.

But Conneally counters this by asking what would happen if the US decided to deny domain name root zone to Iran because of its bad human rights record. “Suppose it ordered Verisign to remove .IR from the DNS root and make it non-functional. Would we want ICANN/the Internet governance regime to be used as a political/strategic tool to reform Iran? What happens to global interoperability when the core infrastructure gets used in that way?”

Who then should ensure that the Internet is run in a free and open manner? Should it be the Internet Governance Forum (IGF)? But IGF is to be an open consultative forum that cannot by itself govern. It brings in participation for any or all Internet-related policy processes but it by itself was never supposed to do policy or governance.

Parminder Jeet Singh, executive director of ItforChange, says whoever governs is the government for that purpose. “This truism is significant in the present context, because there is an attempt by those who really control/ govern the Internet at present, largely through illegitimate and often surreptitious ways, to confuse issues around Internet governance in all ways possible, including through abuse of established language and political principles and concepts.”

ITforChange is a Bengaluru institution working on information society theory and practice, especially from the standpoint of equity, social justice and gender equality, and it is that perspective which informs Singh’s suggestions. “What we need are safeguards as, for instance, with media regulation. The Internet, of course, is much more than media. It is today one of the most important factors that can and will influence distribution of economic, social and political power. Without regulation it will always be that those who currently dominate it will take away the biggest pie.

Surveillance club

Eight Indian companies are among the 700 members of European Telecommunications Standards Institute. The group works with government and law enforcement agencies to integrate surveillance capabilities into communications infrastructure. It also hosts regular meetings on lawful interception

Wipro Technologies	Associate Service Providers
• HCL Technologies Limited	• Associate Consultancy for Co./Partnership
• Accenture Services Pvt Ltd	• Observers
• CEWiT	• Associate Research Body
• Saankhya Labs Pvt Ltd	• Associate Manufacturers
• Sasken Communication	• Associate Manufacturers
• Technologies
• SmartPlay Technologies	Associate Consultancy for Co./Partnership
• TEJAS NETWORKS LTD	• Associate Manufacturers

Other critics of the current system concede that bringing governments on board, especially authoritarian and statist powers which the digital world threatens, would give them perverse incentives to control it. But this threat should be met not by insisting that the Internet needs no governance or regulation, but by safeguards that ensure equitable access and benefits, Singh stresses.

While the jury is out on the question whether the new ITRs will make any material difference to the way, and if at all, the Net will come under added government oversight and intervention, developments elsewhere show that ITU is not the main threat to digital freedom.

The irony is that while cyber security is contentious in ITU, other international organisations, such as the UN Office on Drugs and Crime (UNODC) and a clutch of influential telecom industry associations, are pushing for surveillance programmes that ensure policing of a high order with sophisticated infrastructure to monitor online communications. A host of countries already have such systems in place and are pressuring countries like India to fall in line.

A UNODC report, titled ‘The use of the Internet for terrorist purposes’, has detailed how countries can and should use new technology for online surveillance—all in the name of anti-terrorism. The report discusses sensitive issues such as blocking websites and using spyware to bypass encryption and also urges countries to cooperate on an agreed framework for data retention.

At the same time, powerful industry bodies, such as ATIS (Alliance for Telecommunications Industry Solutions) and the European Telecommunications Standards Institute (ETSI), are reported to be working with government and law enforcement agencies to integrate surveillance capabilities into communications infrastructure, according to Future Tense, a project which looks at emerging technologies and how these affect society, policy and culture. It says India is under pressure from another industry organisation, the Telecommunications Industry Association (TIA), “to adopt global standards for surveillance”, calling on the country’s government to create a “centralized monitoring system” and “install state-of-the-art legal intercept equipment”.

TIA is a Washington-based trade group which brings together companies such as Nokia, Siemens Networks and Verizon Wireless, and is focused on issues related to electronic surveillance and is developing standards for intercepting VOIP and data retention alongside with ETSI and ATIS. At least seven Indian companies are members of ETSI, which is said to hold international meetings on data interception thrice a year.

Add to this chilling list the International Chamber of Commerce. It is reported to be seeking the establishment of surveillance centre hubs of several countries to help governments intercept communications and obtain data that is stored in cloud servers in foreign jurisdictions. Given this backdrop why are the US and its cohorts creating a ruckus on ITRs?

It would also mean that by focusing on ITRs and ITU as a major threat to Internet freedom civil society may be jousting at windmills.

Malice and freedom of speech

Two suits highlight the challenge of treading between the two

Among the many legal cases in India related to the use and misuse of the world wide web, two stand out for involving web giants and provoking sharp reaction. These are the cases registered in Delhi district courts in December 2011, objecting to chunks of content—portraying prominent political figures and religious places among others in a certain light—hosted on websites. One was filed by a Delhi journalist, Vinai Rai, requesting the court to press criminal charges against 21 web agencies, including Google, Facebook and Yahoo! India. The other, filed by a social activist, M A A Qasmi, was a civil suit requesting action against 22 web agencies. Both mentioned that the content on the websites was inflammatory, threat to national integrity, unacceptable, and created enmity, hatred and communal discord.

A year on, tangible impact has not been much. The number of accused in the civil case has come down to seven web agencies and in the criminal case the government is yet to issue summons to the companies concerned (see ‘The case so far’). However, these litigations are seen as landmarks in the recent history of the Internet and its interaction with societies and governments. The cases—especially off-the-record comments by the judiciary suggesting blanket ban and pre-screening of all content—provoked a debate on the freedom of expression and Indian cyber laws.

The case so far

JANUARY 13, 2012: Delhi High Court dismisses petition by Google and Facebook asking to be absolved of criminal charges filed in district court

JANUARY 20: High Court asks for reply from Delhi Police in response to plea by Yahoo! India challenging district court summons

FEBRUARY 16: Court refuses to stay proceedings against Facebook and Google but allows them to be represented by counsel

MARCH: Court dismisses criminal charges against Yahoo! India and Microsoft but says the charges can be revived if new evidence comes to light. Sets aside summons

Malicious content exists on the web and may even need to be taken down, but the laws used to remove malicious content can also be used to curb political speech, thus, infringing on the right to freedom of expression, says Prasanth Sugathan, senior advocate with Software Freedom Law Centre, an international network of lawyers.

Some like Pranesh Prakash of non-profit Centre for Internet and Society believe the IT Rules are at odds with the IT Act and give powers for censorship. He explains that the IT Act, 2000, provides for protection of intermediaries; web browsers, social networking sites and websites cannot be held responsible for what a third party publishes on their forums—“similar to the way in which we cannot sue a telephone agency or a post office for someone else making use of these platforms to harass or defame another person”. But the IT rules of 2011 watered down this protection.

Supreme Court advocate and cyber law expert Pavan Duggal explains how. The Act states once a complaint is made against certain content, the web agency hosting it must notify the person who put up the content, verify the content and judge whether it needs to be removed. But the rules state that once the web agency is notified it must remove the content within 36 hours or it could be prosecuted for not acting on the complaint. The rules have gone beyond the Act’s scope, especially vis-a-vis privacy and data protection, leaving no scope for hearing out the accused, he says.

The disjunct between the Act and the rules is being contested in various spheres, including Parliament. But there is a bright side too. Duggal believes the cases have brought pertinent issues, like free speech and privacy concerns, into the public domain. Ramanjeet Chima, policy adviser for Google, says freedom of expression is paramount for Google but the recognition of local sentiments is also being given equal weightage.

Senior advocate Sidharth Luthra, who was representing Facebook in the Delhi High Court, wonders whether the existing Indian laws are in tune with the ever-changing online world. Unwilling to comment on the case, he says the law is limited in its scope, while technology is not. Refusing to comment on the cases, the Google adviser emphasised the need to use the existing provisions of big web agencies to address grievances regarding content.

The Internet “is not the wild wild west”; all content, users and viewers can be traced, Duggal cautions. Since the Internet can impact political issues government is increasingly looking for ways to control it. “There is no ideal solution but it is evident that some monitoring and regulation are required, and in all parts of the world all regimes are in the process of addressing this,” he says.

For more details visit https://cis-india.org/news/down-to-earth-latha-jishnu-dinsa-sachan-moyna-january-15-2013-clash-of-the-cyber-worlds

Clarification on the Information Security Practices of Aadhaar Report

praskrishna — 2017-05-16T16:41:58Z

For more details visit https://cis-india.org/internet-governance/files/clarification-on-the-information-security-practices-of-aadhaar-report

Clarification on Information Security Practices of the Aadhaar Report

aditya — 2017-05-17T06:19:39Z

For more details visit https://cis-india.org/internet-governance/clarification-on-information-security-practices-of-the-aadhaar-report

Civil Society’s second opinion on a UHI prescription

Pallavi Bedi and Shweta Mohandas — 2023-02-15T08:20:15Z

On January 13, Pallavi Bedi and Shweta Mohandas from CIS participated in an online collaboration organised by Internet Freedom Foundation for a joint submission to the Consultation Paper on Operationalising Unified Health Interface (UHI) in India released by the National Health Authority.

The article originally published by Internet Freedom Foundation can be accessed here.

The National Health Authority (NHA) released the Consultation Paper on Operationalising Unified Health Interface (UHI) in India on December 14, 2022. The deadline for submission of comments was January 13, 2023. We collaborated with the Centre for Health Equity, Law & Policy, the Centre for Internet & Society, & the Forum for Medical Ethics Society to submit comments on the paper.

Background

The UHI is proposed to be a “foundational layer of the Ayushman Bharat Digital Health Mission (ABDM)” and is “envisioned to enable interoperability of health services in India through open protocols”. The ABDM, previously known as the National Digital Health Mission, was announced by the Prime Minister on the 74th Independence Day, and it envisages the creation of a National Digital Health Ecosystem with six key features: Health ID, Digi Doctor, Health Facility Registry, Personal Health Records, Telemedicine, and e-Pharmacy. After launching the programme in six Union Territories, the National Health Authority issued a press release on August 26, 2020 announcing the public consultation for the Draft Health Data Management Policy for NDHM. While the government has repeatedly claimed that creation of a health ID is purely voluntary, contrary reports have emerged. In our comments as part of the public consultation, our primary recommendation was that deployment of any digital health ID programme must be preceded by the enactment of general and sectoral data protection laws by the Parliament of India; and meaningful public consultation which reaches out to vulnerable groups which face the greatest privacy risks.

As per the synopsis document which accompanies the consultation paper, it aims to “seek feedback on how different elements of UHI should function. Inviting public feedback will allow for early course correction, which will in-turn engender trust in the network and enhance market adoption. The feedback received through this consultation will be used to refine the functionalities of UHI so as to limit any operational issues going forward.” The consultation paper contains a set of close-ended questions at the end of each section through which specific feedback has been invited from interested stakeholders. We have collaborated with the Centre for Health Equity, Law & Policy, the Centre for Internet & Society, & the Forum for Medical Ethics Society to draft the comments on this consultation paper.

Our main concern relates to the approach the Government of India and concerned Ministries adopt to draft a consultation paper without explicitly outlining how the proposed UHI fits into the broader healthcare ecosystem and quantifying how it improves it rendering the consultation paper and public engagement efforts inadequate. Additionally, it doesn’t allow the public at large, and other stakeholders to understand how it may contribute to people’s access to quality care towards ensuring realisation of their constitutional right to health and health care. The close-ended nature of the consultation process, wherein specific questions have been posed, restricts stakeholders from questioning the structure of the ABDM itself and forces us to engage with its parts, thereby incorrectly assuming that there is support for the direction in which the ABDM is being developed.

Our submissions

A. General comments

a. Absence of underlying legal framework

Ensuring health data privacy requires legislation at three levels- comprehensive laws, sectoral laws and informal rules. Here, the existing proposal for the data protection legislation, i.e., the draft Digital Personal Data Protection Bill, 2022 (DPDPB, 2022) which could act as the comprehensive legal framework, is inadequate to sufficiently protect health data. This inadequacy arises from the failure of the DPDPB, 2022 to give higher degree of protection to sensitive personal data and allowing for non-consensual processing of health data in certain situations under Clause 8 which relates to “deemed consent”. Here, it may also be noted that the DPDPB, 2022 fails to specifically define either health or health data. Further, the proposed Digital Information Security in Healthcare Act, 2017, which may have acted as a sectoral law, is presently before the Parliament and has not been enacted. Here, the absence of safeguards allows for data capture by health insurance firms and subsequent exclusion/higher costs for vulnerable groups of people. Similarly, such data capture by other third parties potentially leads to commercial interests creeping in at the cost of users of health care services and breach of their privacy and dignity.

b. Issues pertaining to scope

Clarity is needed on whether UHI will be only providing healthcare services through private entities, or will also include the public health care system and various health care schemes and programs of the government, such as eSanjeevani.

c. Pre-existing concerns

Exclusion: Access to health services through the Unified Health Interface should not be made contingent upon possessing an ABHA ID, as alluded to in the section on ‘UHI protocols in action: An example’ under Chapter 2(b). Such an approach is contrary to the Health Data Management Policy that is based on individual autonomy and voluntary participation. Clause 16.4 of the Policy clearly states that nobody will “be denied access to any health facility or service or any other right in any manner by any government or private entity, merely by reason of not creating a Health ID or disclosing their Health ID…or for not being in possession of a Health ID.” Moreover, the National Medical Commission Guidelines for Telemedicine in India also does not create any obligation for the patient to possess an ABHA ID in order to access any telehealth service. The UHI should explicitly state that a patient can log in on the network using any identification and not just ABHA.
Consent: As per media reports, registration for a UHID under the NDHM, which is an earlier version of the ABHA number under the ABDM, may have been voluntary on paper but it was being made mandatory in practice by hospital administrators and heads of departments. Similarly, reports suggest that people who received vaccination against COVID-19 were assigned a UHID number without their consent or knowledge.
Function creep: In the absence of an underlying legal framework, concerns also arise that the health data under the NDHM scheme may suffer from function creep, i.e., the collected data being used for purposes other than for which consent has been obtained. These concerns arise due to similar function creep taking place in the context of data collected by the Aarogya Setu application, which has now pivoted from being a contact-tracing application to “health app of the nation”. Here, it must be noted that as per a RTI response dated June 8, 2022 from NIC, the Aarogya Setu Data Access And Knowledge Sharing Protocol “has been discontinued".
Issues with the United Payments Interface may be replicated by the UHI: The consultation paper cites the United Payments Interface (UPI) as “strong public digital infrastructure” which the UHI aims to leverage. However, a trend towards market concentration can be witnessed in UPI: the two largest entities, GooglePay and PhonePe, have seen their market share hover around 35% and 47% (by volume) for some time now (their share by value transacted is even higher). Meanwhile, the share of the NPCI’s own app (BHIM) has fallen from 40% in August 2017 to 0.74% in September 2021. Thus, if such a model is to be adopted, it is important to study the UPI model to understand such threats and ensure that a similar trend towards oligopoly or monopoly formation in UHI is addressed. This is all the more important in a country in which the decreasing share of the public health sector has led to skyrocketing healthcare costs for citizens.

B. Our response also addressed specific questions about search and discovery, service booking, grievance redressal, and fake reviews and scores. Our responses on these questions can be found in our comments here.

Our previous submissions on health data

We have consistently engaged with the government since the announcement of the NDHM in 2020. Some of our submissions and other outputs are linked below:

IFF’s comment on the Draft Health Data Management Policy dated May 21, 2022 (link)
IFF’s comments on the consultation Paper on Healthcare Professionals Registry dated July 20, 2021 (link)
IFF and C-HELP Working Paper: ‘Analysing the NDHM Health Data Management Policy’ dated June 11, 2021 (link)
IFF’s Consultation Response to Draft Health Data Retention Policy dated January 6, 2021 (link)
IFF’s comments on the National Digital Health Mission’s Health Data Management Policy dated September 21, 2020 (link)

Important documents

Response on the Consultation Paper on Operationalising Unified Health Interface (UHI) in India by Centre for Health Equity, Law & Policy, the Centre for Internet & Society, the Forum for Medical Ethics Society, & IFF dated January 13, 2023 (link)
NHA’s Consultation Paper on Operationalising Unified Health Interface (UHI) in India dated December 14, 2022 (link)
Synopsis of NHA’s Consultation Paper on Operationalising Unified Health Interface (UHI) in India dated December 14, 2022 (link)

For more details visit https://cis-india.org/internet-governance/blog/civil-society-second-opinion-on-uhi-prescription

Civil Society Organisations and Internet Governance in India - Open Review

sumandro — 2015-11-13T05:51:03Z

This is a book section written for the third volume (2000-2010) of the Asia Internet History series edited by Prof. Kilnam Chon. The pre-publication text of the section is being shared here to invite suggestions for addition and modification. Please share your comments via email sent to raw[at]cis-india[dot]org with 'Civil Society Organisations and Internet Governance in India - Comments' as the subject line. This text is published under Creative Commons Attribution-NoDerivatives 4.0 International license.

You are most welcome to read the pre-publication drafts of other sections of the Asia Internet History Vol. 3, and share your comments: https://sites.google.com/site/internethistoryasia/book3.

Early Days

The overarching context of development interventions and rights-based approaches have shaped the space of civil society organizations working on the topics of information and communication technologies (ICTs) and Internet governance in India. Early members of this space came from diverse backgrounds. Satish Babu was working with the South Indian Federation of Fishermen Societies (SIFFS) in mid-1990s, when he set up a public mailing list called 'FishNet,' connected to Internet via the IndiaLink email network, (then) run by India Social Institute to inter-connect development practitioners in India. He went on to become the President of Computer Society of India during 2012-2013; and co-founded Society for Promotion of Alternative Computing and Employment (SPACE) in 2003, where he served as the Executive Secretary during 2003-2010 [Wikipedia 2015]. Anita Gurumurthy, Executive Director of IT for Change and one of the key actors from Indian civil society organizations to take part in the World Summit on the Information Society (WSIS) process, had previously worked extensively on topics related to public health and women's rights [ITfC b], which deeply shaped the perspectives she and IT for Change have brought into the Internet governance sphere, globally as well as nationally [Gurumurthy 2001]. Arun Mehta initiated a mailing list titled 'India-GII' in 2002 to discuss 'India's bumpy progress on the global infohighway' [India-GII 2005]. This list played a critical role in curating an early community of non-governmental actors interested in the topics of telecommunication policy, spectrum licensing, Internet governance, and consumer and communication rights. As Frederick Noronha documents, the mailing list culture grew slowly in India during the late 1990s and early 2000s. However, they had a great impact in organizing early online communities, sometimes grouped around a topical focus, sometimes functioning as a bridge among family members living abroad, and sometimes curating place-specific groups [Noronha 2002].

The inaugural conference of the Free Software Foundation of India [FSFI] in Thiruvananthapuram, on 20 July 2001, galvanized the Free/Libre and Open Source Software (FLOSS) community in India. The conference was titled 'Freedom First,' and Richard Stallman was invited as the chief guest. It was a vital gathering of actors from civil society organizations, software businesses, academia, and media, as well as the Secretary of the Department of Information Technology, Government of Kerala (the state where the conference was held). The conference laid the basis for sustained collaborations between the free software community, civil society organizations, emerging software firms in the state, and the Government of Kerala for the years to come. Two early initiatives that brought together free software developers and state government agencies were the Kerala Trasportation Project and the IT@School project, which not only were awarded to firms promoting use of FLOSS in electronic governance project, but facilitated a wider public dialogue regarding the need think critically about the making of information society in India [Kumar 2007]. The inter-connected communities and overlapping practices of the FLOSS groups, civil society organizations involved in ICT for Development initiatives, telecommunication policy analysts and advocates, and legal-administrative concerns regarding life in the information society – from digital security and privacy, to freedom of online expressions, to transparency in electronic governance infrastructures – have, hence, continued to shape the civil society space in India studying, discussing, responding, and co-shaping policies and practices around governance of Internet in India.

Key Organizations

IT for Change was established in 2000, in Bengaluru, as a non-governmental organization that 'works for the innovative and effective use of information and communication technologies (ICTs) to promote socio-economic change in the global South, from an equity, social justice and gender equality point of view' [ITfC]. It has since made important contributions in the field of ICTs for Development, especially in integrating earlier communication rights practices organised around old media forms with newer possibilities of production and distribution of electronic content using digital media and Internet [ITfC e], and in that of Internet governance, especially through their participation in the WSIS and Internet Governance Forum (IGF) processes and by co-shaping the global Souther discourse of the subject [ITfC d]. It has also done significant works in the area of women's rights in the information society, and have been a core partner in a multi-country feminist action research project on using digital media to enhance the citizenship rights and experiences of marginalized women in India, Brazil, and South Africa [ITfC c]. IT for Change has co-led the formation of Just Net Coalition in February 2014 [JNC].

Digital Empowerment Foundation (DEF) was founded by Osama Manzar, in New Delhi in 2002, with a 'deep understanding that marginalised communities living in socio-economic backwardness and information poverty can be empowered to improve their lives almost on their own, simply by providing them access to information and knowledge using digital tools' [DEF c]. DEF has contributed to setting up Community Information Resource Centres across 19 states and 53 districts in India, with computers, printers, scanners, and Internet connectivity [DEF]. DEF organises one of the biggest competitions in Asia to identify, foreground, and honour significant contributions in the area of ICT for Development [DEF d]. This annual competition series, titled 'Manthan Award' (Translation: 'manthan' means 'churning' in Sanskrit), started in 2004. It has alllowed DEF to create a detailed database of ICT for Development activities and actors in the South Asia and Asia Pacific region. Since 2011, DEF has started working with Association for Progressive Communications on a project titled 'Internet Rights' to take forward the agenda of 'internet access for all' in India [DEF b].

The Society for Knowledge Commons was formed in New Delhi 2007 by 'scientists, technologists, researchers, and activists to leverage the tremendous potential of the ‘collaborative innovation’ model for knowledge generation that has lead to the growth of the Free and Open Source Software community (FOSS) around the world' [Society for Knowledge Commons]. It has championed integration of FOSS into public sector operations in India – from electronic governance systems to use of softwares in educational institutes – and has made continuous interventions on Internet governance issues from the perspective of the critical importance of shared knowledge properties and practices for a more democratic information society. It is a part of the Free Software Movement of India [FSMI], an alliance of Indian organizations involved in advocating awareness and usage of FOSS, as well as a founding member of the Just Net Coalition [JNC].

The Centre for Internet and Society (CIS) was established in Bengaluru in 2008 with a research and advocacy focus on topics of accessibility of digital content for differently-abled persons, FOSS and policies on intellectual property rights, open knowledge and Indic Wikipedia projects, digital security and privacy, freedom of expression and Internet governance, and socio-cultural and historical studies of Internet in India [CIS]. In one of the key early projects, CIS contributed to the making of web accessibility policy for government websites in India, which was being drafted by the Department of Information Technology, Government of India [CIS 2008]. In the following years it took part in the Internet Governance Forum summits; submitted responses and suggestions to various policies being introduced by the government, especially the Information Technology (Amendment) Act, 2008, National Identification Authority of India (NIA) Bill, 2010, and the Approach Paper for a Legislation on Privacy, 2010; produced a report on the state of open government data in India [Prakash 2011b], and undertook an extensive study on the experiences of the young people in Asia with Internet, digital media, and social change [Shah 2011].

Software Freedom Law Centre has undertaken research and advocacy interventions, since 2011, in the topics digital privacy, software patents, and cyber-surveillance [SFLC]. The Internet Democracy Project, an initiative of Point of View, has organised online and offline discussions, participated in global summits, and produced reports on the topics of freedom of expression, cyber security and human rights, and global Internet governance architecture since 2012 [IDP].

The first Internet Society chapter to be established in India was in Delhi. The chapter began in 2002, but went through a period of no activity before being revived in 2008 [Delhi]. The Chennai chapter started in 2007 [Chennai], the Kolkata one in 2009 [Kolkata], and the Bengaluru chapter came into existence in 2010 [Bangalore]. Asia Internet Symposium have been organised in India twice: 1) the Kolkata one, held on on 1 December 2014, focused on 'Internet and Human Rights: Empowering the Users,' and 2) the Chennai symposium, held on 2 December 2014, discussed 'India in the Open and Global Internet.' The newest Internet Society chapter in India is in the process of formation in Trivandrum [Trivandrum], led by the efforts of Satish Babu (mentioned above).

Global and National Events

The first World Summit on the Information Society (WSIS) conference in Geneva, held on 10-12 December 2003, was not attended by many civil society organizations from India. Several Indian participants in the conference were part of the team of representatives from different global civil society organizations, like Digital Partners, Development Alternatives with Women for a New Era (DAWN), and International Centre for New Media [ITU 2003]. Between the first and the second conference, the engagement with the WSIS process increased among Indian civil society organizations increased of the WSIS process, which was especially led by IT for Change. In early 2005, before the second Preparatory Committee meeting of the Tunis conference, it organized a discussion event titled 'Gender Perspectives on the Information Society: South Asia Pre-WSIS Seminar' in partnership with DAWN and the Indian Institute of Management, Bangalore, which was supported by UNIFEM and the UNDP Asia-Pacific Development Information Programme [Gurumurthy 2006]. In a separate note, Anita Gurumurthy and Parminder Jeet Singh of IT for Change have noted their experience as a South Asian civil society organization engaging with the WSIS process [Gurumurthy 2005]. The second WSIS conference in Tunis, held on 16-18 November 2005, however, neither saw any significant participation from Indian civil society organizations, except for Ambedkar Centre for Justice and Peace, Childline India Foundation / Child Helpline International, and IT for Change [ITU 2005]. This contrasted sharply with the over 60 delegates from various Indian government agencies taking part in the conference [ITU 2005].

Two important events took place in India in early 2005 that substantially contributed to the civil society discourses in India around information technology and its socio-legal implications and possibilities. The former is the conference titled 'Contested Commons, Trespassing Publics' organized by the Sarai programme at the Centre for the Study of Developing Societies, Alternative Law Forum, and Public Service Broadcasting Trust, in Delhi on 6-8 January 2005. The conference attempted to look into the terms of intellectual property rights (IPR) debates from the perspectives of experiences in countries in Asia, Latin America, and Africa. It was based on the research carried out by the Sarai programme and Alternative Law Forum on contemporary realities of media production and distribution, and the ways in which law and legal instruments enter into the most intimate spheres of social and cultural life to operationalise the IPRs. The conference combined academic discussions with parallel demonstrations by media practitioners, and knowledge sharing by FLOSS communities [Sarai 2005]. The latter event is the first of the Asia Source workshop that took place in Bengaluru during 28 January - 4 February 2005 . It brought together more than 100 representatives from South and South-East Asian civil society organizations and technology practitioners working with them, along with several leading practitioners from Africa, Europe, North America, and Latin America, to promote adoption and usage of FLOSS across the developmental sector in the region. The workshop was organized by Mahiti (Bengaluru) and Tactical Technology Collective (Amsterdam), with intellectual and practical support from an advisory group of representatives from FLOSS communities and civil society organizations, and financial support from Hivos, the Open Society Institute, and International Open Source Network [Asia Source].

While the participation of representatives from Indian civil society organizations at the IGFs in Athens (2006) and Rio de Janeiro (2007) was minimal, the IGF Hyderabad, held on 3-6 December 2008, provided a great opportunity for Indian civil society actors to participate in and familiarize themselves with the global Internet governance process. Apart from various professionals, especially lawyers, who attended the Hyderabad conference as individuals, the leading civil society organizations participating in the event included: Ambedkar Center for Justice and Peace, Centre for Internet and Society, Centre for Science, Development and Media Studies, Digital Empowerment Foundation, Internet Society Chennai chapter, IT for Change, and Mahiti. The non-governmental participants from India at the event, however, were predominantly from private companies and academic institutes [IGF 2008].

IT for Change made a critical intervention into the discourse of global Internet governance during the Hyderabad conference by bringing back the term 'enhanced cooperation,' as mentioned in the Tunis Agenda for the Information Society [ITU 2005 b]. At IGF Sharm El Sheikh, held during 15-18 November 2009, Parminder Jeet Singh of IT for Change explained:

[E]nhanced cooperation consists of two parts. One part is dedicated to creating globally applicable policy principles, and there is an injunction to the relevant organizations to create the conditions for doing that. And I have a feeling that the two parts of that process have been conflated into one. And getting reports from the relevant organizations is going on, but we are not able to go forward to create a process which addresses the primary purpose of enhanced cooperation, which was to create globally applicable public policy principles and the proof of that is that I don't see any development of globally applicable public policy principles, which remains a very important need. [IGF 2009]

This foregrounding of the principle of 'enhanced cooperation' have since substantially contributed to rethinking not only the global Internet governance mechanisms and its reconfigurations, but also the Indian government's perspectives towards the same. It eventually led to the proposal made by a representative of Government of India at the UN General Assembly session on 26 October 2011 regarding the establishment of a UN Committee for Internet-Related Policies [Singh 2011].

Internet Policies and Censorship

One of the earliest instances of censorship of online content in India is the blocking of several websites offering Voice over IP (VoIP) softwares, which can be downloaded to make low-cost international calls, during late 1990s. The India-GII mailing list initiated by Arun Mehta, as mentioned above, started almost as a response to this blocking move by Videsh Sanchar Nigam Limited (VSNL), the government-owned Internet Service Provider (ISP). Additionally, Mehta filed a case against VSNL for blocking these e-commerce websites, which might be identified as the first case of legal activism for Internet-related rights in India [India-GII 2001]. During the war between India and Pakistan during 1999, the Indian government instructed VSNL to block various Pakistani media websites, including that of Dawn. Like in the case of websites offering VoIP services, this blocking did not involve direct intervention with the websites concerned but only the ability of Indian users to access them [Tanna 2004]. The first well-known case of the Government of India blocking digital content for political reasons occurred in 2003, when a mailing list titled 'Kynhun' was banned. Department of Telecommunications instructed all the But the previously deployed URL-blocking strategy did not work in the new situation of mailing lists. Blocking the URL of the group did not stop it from being used by members of the group to continue sharing email through it. Government of India then approached Yahoo directly to ensure that the mailing list is closed down, which Yahoo declined to implement. This resulted in imposing of a blanket blocking of all Yahoo Groups pages across ISPs in India during September 2003. By November, Yahoo decided to close down the mailing list, and the blanket blocking was repealed [Tanna 2004]. Further blocking of several blogs and websites continued through 2006 and 2007, where the government decided to work in collaboration with various platforms offering hosted blog and personal webpage services to remove access to specific sub-domains. In resistance to this series of blocking orders by the government, there emerged an important civil society campaign titled 'Bloggers Against Censorship' led by Bloggers Collective Group, a distributed network of bloggers from all across India [Bloggers 2006].

A few weeks after the IGF Hyderabad, the Government of India passed the Information Technology (Amendment) Act 2008 on 22 December 2008 [MoLaJ 2009], although it was notified and enforced much later on 27 October 2009 [MoCaIT 2009]. This amendment attempted to clarify various topics left under-defined in the Information Technology Act of 2000. However, as Pranesh Prakash of the Centre for Internet and Society noted, the casual usage of the term 'offensive content' in the amendment opened up serious threats of broad curbing of freedom of online expression under the justification that it caused 'annoyance' or 'inconvenience' [Prakash 2009]. The sections 66 and 67 of the amended Information Technology Act, which respectively address limits to online freedom of expression and legally acceptable monitoring of digital communication by government agencies, have since been severely protested against by civil society organizations across India for enabling a broad-brushed censorship and surveillance of the Internet in India. The section 66A has especially allowed the government to make a series of arrests of Internet users for posting and sharing 'offensive content' [Pahwa 2015].

In 2011, the Government of India introduced another critical piece of policy instrument for controlling online expressions – the Information Technology (Intermediary Guidelines) Rules, 2011 [MoCaIT 2011] – targeted at defining the functions of the intermediaries associated with Internet-related services and communication, and how they are to respond to government's directives towards taking down and temporary blocking of digital content. The draft Rules were published in early 2011 and comments were invited from the general public. One of the responses, submitted by Privacy India and the Centre for Internet and Society, explicitly highlighted the draconian implications of the (then) proposed rules:

This rule requires an intermediary to immediately take steps to remove access to information merely upon receiving a written request from “any authority mandated under the law”. Thus, for example, any authority can easily immunize itself from criticism on the internet by simply sending a written notice to the intermediary concerned. This is directly contrary to, and completely subverts the legislative intent expressed in Section 69B which lays down an elaborate procedure to be followed before any information can be lawfully blocked. [Prakash 2011]

The policy apparatus of controlling online expression in India took its full form by the beginning of the decade under study here. The 'chilling effect' of this apparatus was made insightfully evident by a study conducted by Rishabh Dara at the Centre for Internet and Society, where fake takedown notices (regarding existing digital content) were sent to 7 important Internet intermediaries operating in India, and their responses were studied. The results of this experiment demonstrated that:

[T]he Rules create uncertainty in the criteria and procedure for administering the takedown thereby inducing the intermediaries to err on the side of caution and over-comply with takedown notices in order to limit their liability; and as a result suppress legitimate expressions. Additionally, the Rules do not establish sufficient safeguards to prevent misuse and abuse of the takedown process to suppress legitimate expressions. [Dara 2012]

Reference

[Bloggers 2006] Bloggers Collective Group, Bloggers Against Censorship. Last updated on April 30, 2009‎. Accessed on July 08, 2015, from http://censorship.wikia.com/wiki/Bloggers_Against_Censorship.

[Dara 2012] Dara, Rishabh, Intermediary Liability in India: Chilling Effects on Free Expression on the Internet. The Centre for Internet and Society. April 27. Accessed on July 08, 2015, from http://cis-india.org/internet-governance/chilling-effects-on-free-expression-on-internet.

[DEF] Digital Empowerment Foundation (DEF). Community Information Resource Centre. Accessed on July 08, 2015, from http://defindia.org/circ-2/.

[DEF b] Digital Empowerment Foundation (DEF). Internet Rights. Accessed on July 08, 2015, from http://internetrights.in/.

[DEF c] Digital Empowerment Foundation (DEF). Our Story. Accessed on July 08, 2015, from http://defindia.org/about-def/.

[DEF d] Digital Empowerment Foundation (DEF). Manthan Awards. Accessed on July 08, 2015, from http://defindia.org/manthan-award-south-asia-masa/.

[FSFI] Free Software Foundation of India. Accessed on July 08, 2015, from http://fsf.org.in/.

[FSMI] Free Software Movement of India. Accessed on July 08, 2015, from http://www.fsmi.in/node.

[Gurumurthy 2001] Gurumurthy, Anita, A Gender Perspective to ICTs and Development: Reflections towards Tunis. January 15. Accessed on July 08, 2015, from http://www.worldsummit2003.de/en/web/701.htm.

[Gurumurthy 2005] Gurumurthy, Anita, and Parminder Jeet Singh, WSIS PrepCom 2: A South Asian Perspective. Association for Progressive Communications. April 01. Accessed on July 08, 2015, from https://www.apc.org/en/news/hr/world/wsis-prepcom-2-south-asian-perspective.

[Gurumurthy 2006] Gurumuthy, Anita et al (eds.), Gender in the Information Society: Emerging Issues. UNDP Asia-Pacific Development Information Programme. Accessed on July 08, 2015, from http://www.genderit.org/sites/default/upload/GenderIS.pdf.

[India-GII 2001] India-GII, Status of VSNL Censorship of IP-Telephony Sites. Accessed on July 08, 2015, from http://members.tripod.com/~india_gii/statusof.htm.

[India-GII 2005] India-GII. 2005. Last modified on May 24. Accessed on July 08, 2015, from http://india-gii.org/.

[IDP] Internet Democracy Project. Accessed on July 08, 2015, from http://internetdemocracy.in/.

[ITU 2003] International Telecommunication Union (ITU), Geneva Phase of the WSIS: List of Participants. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs/geneva/summit_participants.pdf.

[ITU 2005] International Telecommunication Union (ITU), List of Participants (WSIS) – Update 5 Dec 2005. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs2/tunis/final-list-participants.pdf.

[ITU 2005 b] International Telecommunication Union (ITU), Tunis Agenda for the Information Society. November 18. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs2/tunis/off/6rev1.pdf.

[IGF 2008] Internet Governance Forum, Hyderabad Provisional List of Participants. Accessed on July 08, 2015, from http://www.intgovforum.org/cms/index.php/component/content/article/385-hyderabad-provisional-list-of-participants.

[IGF 2009] Internet Governance Forum, Managing Critical Resources. IGF Sharm El Sheikh, Egypt . November 16. Accessed on July 08, 2015, from http://www.intgovforum.org/cms/2009/sharm_el_Sheikh/Transcripts/Sharm%20El%20Sheikh%2016%20November%202009%20Managing%20Critical%20Internet%20Resources.pdf.

[Bangalore] Internet Society Bangalore Chapter. Accessed on July 08, 2015, from http://www.isocbangalore.org/.

[Delhi] Internet Society Delhi Chapter. Accessed on July 08, 2015, from http://www.isocbangalore.org.

[Chennai] Internet Society Chennai Chapter. Accessed on July 08, 2015, from http://www.isocbangalore.org.

[Kolkata] Internet Society Kolkata Chapter. Accessed on July 08, 2015, from http://isockolkata.in/.

[Trivandrum] Internet Society Trivandrum Chapter. Accessed on July 08, 2015, from http://www.internetsociety.org/what-we-do/where-we-work/chapters/india-trivandrum-chapter.

[ITfC] IT for Change, About IT for Change. Accessed on July 08, 2015, from http://www.itforchange.net/aboutus.

[ITfC b] IT for Change, Anita Gurumurthy. Accessed on July 08, 2015, from http://www.itforchange.net/Anita.

[ITfC c] IT for Change, Gender and Citizenship in the Information Society: Southern Feminist Dialogues in Practice and Theory. Accessed on July 08, 2015, from http://www.gender-is-citizenship.net/.

[ITfC d] IT for Change, Internet Governance. Accessed on July 08, 2015, from http://www.itforchange.net/Techgovernance.

[ITfC e] IT for Change, Our Field Centre. Accessed on July 08, 2015, from http://www.itforchange.net/field_centre.

[JNC] Just Net Coalition (JNC). Accessed on July 08, 2015, from http://justnetcoalition.org/.

[Kumar 2007] Kumar, Sasi V. 2007. The Story of Free Software in Kerala, India. Accessed on July 08, 2015, from http://swatantryam.blogspot.in/2007/08/story-of-free-software-in-kerala-india.html.

[MoLaJ 2009] Ministry of Law and Justice (MoLaJ), The Information Technology (Amendment) Act, 2008. The Gazette of India. February 05. Accessed on July 08, 2015, from http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf.

[MoCaIT 2009] Ministry of Communications and Information Technology (MoCaIT), Notification. The Gazette of India. October 27. Accessed on July 08, 2015, from http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/act301009.pdf.

[MoCaIT 2011] Ministry of Communications and Information Technology (MoCaIT), Information Technology (Intermediaries Guidelines) Rules, 2011. The Gazette of India. April 11. Accessed on July 08, 2015, from http://deity.gov.in/sites/upload_files/dit/files/GSR314E_10511%281%29.pdf.

[Noronha 2002] Noronha, Frederick, Linking a Diverse Country: Mailing Lists in India. The Digital Development Network. May 22. Accessed on July 08, 2015, from http://www.comminit.com/ict-4-development/content/linking-diverse-country-mailing-lists-india.

[Pahwa 2015] Pahwa, Nikhil, A List of Section 66A Arrests in India through the Years. Medianama. March 24. Accessed on July 08, 2015, from http://www.medianama.com/2015/03/223-section-66a-arrests-in-india/.

[Prakash 2009] Prakash, Pranesh, Short Note on IT Amendment Act, 2008 . The Centre for Internet and Society. February. Accessed on July 08, 2015, from http://cis-india.org/internet-governance/publications/it-act/short-note-on-amendment-act-2008/.

[Prakash 2011] Prakash, Pranesh, CIS Para-wise Comments on Intermediary Due Diligence Rules, 2011. The Centre for Internet and Society. Accessed on July 08, 2015, from http://cis-india.org/internet-governance/blog/intermediary-due-diligence.

[Prakash 2011 b] Prakash, Pranesh, et al, Open Government Data Study. The Centre for Internet and Society. Accessed on July 08, 2015, from http://cis-india.org/openness/blog/open-government-data-study.

[SFLC] Software Freedom Law Centre (SFLC). Accessed on July 08, 2015, from http://sflc.in/.

[Shah 2011] Shah, Nishant. 2011. Digital AlterNatives with a Cause? The Centre for Internet and Society. Accessed on July 08, 2015, from http://cis-india.org/digital-natives/blog/dnbook.

[Singh 2011] Singh, Dushyant, India's Proposal for a United Nations Committee for Internet-Related Policies. Sixty Sixth Session of the UN General Assembly, New York. October 26. Accessed on July 08, 2015, from http://www.itforchange.net/sites/default/files/ItfC/india_un_cirp_proposal_20111026.pdf.

[SKC] Society for Knowledge Commons. About Us. Accessed on July 08, 2015, from http://www.knowledgecommons.in/about-us/.

[Asia Source] Tactical Technology Collective, Asia Source. Accessed on July 08, 2015, from https://tacticaltech.org/asiasource.

[Tanna 2004] Tanna, Ketan, Internet Censorship in India: Is It Necessary and Does It Work?. Sarai-CSDS Independent Fellowship. Accessed on July 08, 2015, from http://www.ketan.net/INTERNET_CENSORSHIP_IN_INDIA.html.

[CIS] The Centre for Internet and Society. About Us. Accessed on July 08, 2015, from http://cis-india.org/about/.

[CIS 2008] The Centre for Internet and Society. 2008. Annual Report. Accessed on July 08, 2015, from http://cis-india.org/accessibility/annual-report-2008.pdf.

[Sarai 2005] The Sarai Programme, Contested Commons, Trespassing Publics. January 12. Accessed on July 08, 2015, from http://sarai.net/contested-commons-trespassing-publics/.

[Wikipedia 2015] Satish Babu. Wikipedia. Last modified on June 25. Accessed on July 08, 2015, from https://en.wikipedia.org/wiki/Satish_Babu.

For more details visit https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-india-open-review

Civil Society Organisations and Internet Governance in Asia and India – Section Outlines

sumandro — 2015-11-13T05:40:49Z

The Centre for Internet and Society has been invited to contribute two sections to the Asia Internet History - Third Decade (2001-2010) book edited by Dr. Kilnam Chon. The sections will discuss the activities and experiences of civil society organisations in Asia and India, respectively, in national, regional, and global Internet governance processes. The draft outlines of the sections are shared here. Comments and suggestions are invited.

In the (draft) Foreword to the Asia Internet History – Third Decade (2001-2010), Prof. David J. Farber writes:

One of the early attempts to extend the reach of the Internet to Asia was via the “Johnny Appleseed” approach. That is a set of people responded to queries by people in Asian countries asking how they could connect with the growing Internet by offering to supply tapes to key people in the requesting countries, often by physically going with the tapes, as well as providing access points to the USA Internet. The people that we, I was one of the seeders, worked, with became the leaders in their nation and founded the initial national networks that blossomed with time and often formed the basis of commercial Internets. The traditions that these network frontier pioneers established lead to the eventual spread of the benefits of Internet access to not only their nations but became models for the spread to the rest of Asia…

I am honoured to contribute to the pioneering series titled Asia Internet History, edited by Dr. Kilnam Chon, by foregrounding a range of other individuals and organisations that often worked outside but in engagement with the national governments, and technical and academic institutions that govern the connecting tapes of the Internet, to ensure mass access to and effective usages of Internet in Asia.

The two sections, to be authored me, provides an overview of ‘civil society organisations’ working across Asian countries that have played a critical role in the shaping of policy-making and discourse around Internet governance during 2000-2010, and then undertakes a closer look at the organisations working in India and their interventions at national, regional, and global levels.

Please read the draft outlines of the overview section and the section on Indian organisations, and share your comments. The comments can be posted on the GitHub page where the outlines are hosted, on this page, or over email: sumandro[at]cis-india[dot]org.

The outlines can also be directly downloaded as markdown files: the overview and the India section.

Asian Civil Society Organisations and Internet Governance

Here is a tentative list of key civil society organisations from Asia that have participated and intervened in Internet governance processes during 2001-2010. Please suggest organisations missing from the list.

Bangladesh

Cambodia

China

Indonesia

EngageMedia, Australia and Indonesia
ICT Laboratory for Social Change (iLab)
Indonesian CSOs Network for Internet Governance
Indonesian ICT Partnership Association (ICT Watch)
Internet Society Indonesia Chapter [website is under construction]

India

Iran

Iranian Civil Society Organizations Training and Research Centre (ICTRC) [URL is not working]

Japan

Centre for Global Communications (GLOCOM) [Academia?]
Internet Society Japan Chapter
Japan Computer Access for Empowerment (JCAFE) [URL is not working]
Japan Computer Access Network (JCA-NET)

Kuwait

iJMA3 - Kuwait Information Technology Society (KITS)

Lebanon

Lebanese Center for Civic Education (LCCE)

Malaysia

Internet Society Malaysia Chapter

Myanmar

Myanmar ICT for Development Organization (MIDO)

Nepal

Internet Society Nepal Chapter

Pakistan

Philippines

Democracy.Net.PH
Foundation for Media Alternatives (FMA) [URL not working
Internet Society Philippines Chapter

Regional

Singapore

Internet Society Singapore Chapter

South Korea

Sri Lanka

Internet Society Sri Lanka Chapter

Thailand

For more details visit https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-asia-and-india-outlines

Civil Society Organisations and Internet Governance in Asia - Open Review

sumandro — 2015-11-13T05:54:33Z

This is a book section written for the third volume (2000-2010) of the Asia Internet History series edited by Prof. Kilnam Chon. The pre-publication text of the section is being shared here to invite suggestions for addition and modification. Please share your comments via email sent to raw[at]cis-india[dot]org with 'Civil Society Organisations and Internet Governance in Asia - Comments' as the subject line. This text is published under Creative Commons Attribution-NoDerivatives 4.0 International license.

You are most welcome to read the pre-publication drafts of other sections of the Asia Internet History Vol. 3, and share your comments: https://sites.google.com/site/internethistoryasia/book3.

Preparations for the World Summit on the Information Society

The World Summit on the Information Society (WSIS) conferences organized by the United Nations in Geneva (2003) and Tunis (2005) initiated crucial platforms and networks, some temporary and some continued, for various non-governmental actors to intensively and periodically take part in the discussions of governance of Internet and various related activities towards the goals of inclusive development and human rights. Many of the civil society organizations taking part in the WSIS conferences, as well as the various regional and thematic preparatory meetings and seminars, had little prior experience in the topic of Internet governance. They were entering these conversations from various perspectives, such as local developmental interventions, human and cultural rights activism, freedom and diversity of media, and gender and social justice. With backgrounds in such forms of applied practice and theoretical frameworks, members of these civil society organizations often faced a difficult challenge in articulating their experiences, insights, positions, and suggestions in terms of the (then) emerging global discourse of Internet governance and that of information and communication technologies (ICTs) as instruments of development. At the WSIS: An Asian Response Meeting in 2002, Susanna George, (then) Executive Director of Isis International, Manila, succinctly expressed this challenge being faced by the members of civil society organizations:

For some feminist activists however, including myself, it has felt like trying to squeeze my concerns into a narrow definition of what gender concerns in ICTs are. I would like it to Cinderella’s ugly sister cutting off her toe to fit into the dainty slipper of gender concerns in ICTs. The development ball, it seems, can only accommodate some elements of what NGO activists, particularly those from the South, are concerned about in relation to new information and communications technologies. (George 2002)

The above mentioned seminar, held in Bangkok, Thailand, on November 22-24, 2002, was a crucial early meeting for the representatives from Asian civil society organizations to share and shape their understanding and positions before taking part in the global conversations during the following years. The meeting was organised by Bread for All (Switzerland), Communication Rights in the Information Society Campaign (Netherlands), Forum-Asia (Thailand), and World Association for Christian Communication (United Kingdom), as a preparatory meeting before the Asia-Pacific Regional Conference of WSIS, with 34 organizations from 16 Asian countries taking part in it. The Final Document produced at the end of this seminar was quite a remarkable one. It highlighted the simultaneity of Asia as one of the global centres of the information economy and the everyday reality of wide-spread poverty across the Asian countries, and went on to state that the first principle for the emerging global information society should be that the '[c]ommunication rights are fundamental to democracy and human development' (The World Summit on the Information Society: An Asian Response 2002). It proposed the following action items for the efforts towards a global inclusive information society: 1) strengthen community, 2) ensure access, 3) enhance the creation of appropriate content, 4) invigorate global governance, 5) uphold human rights, 6) extend the public domain, 7) protect and promote cultural and linguistic diversity, and 8) ensure public investment in infrastructure (ibid.).

Immediately after this Conference, several Asian civil society organizations attended the Asian Civil Society Forum, organised as part of the Conference of Non-governmental Organizations in Consultative Relations with the United Nations (CONGO), held in Bangkok, Thailand, during December 9-13, 2002. Representatives of Dhaka Ahsania Mission (Bangladesh), OneWorld South Asia (India), GLOCOM (Japan), Foundation for Media Alternative (Philippines), Korean Progressive Network – JINBONET (Republic of Korea), Friedrich Naumann Foundation (Singapore), International Federation of University Women (Switzerland), and Forum Asia (Regional) drafted a Joint Statement emphasising that a 'broad-based participation of civil society, especially from those communities which are excluded, marginalized and severely deprived, is critical in defining and building such a [true communicative, just and peaceful] society' (Aizu 2002). In the very next month, the Asia-Pacific Regional Conference was held in Tokyo during January 13-15, 2003, 'to develop a shared vision and common strategies for the “Information Society' (WSIS Executive Secretariat 2003: 2). The conference saw participation of representatives from 47 national governments, 22 international organizations, 54 private sector agencies, and 116 civil society organizations across the Asia-Pacific region. The Tokyo Declaration, the final document prepared at the conclusion of the Conference, recognized that:

[T]he Information Society must ... facilitate full utilization of information and communication technologies (ICT) at all levels in society and hence enable the sharing of social and economic benefits by all, by means of ubiquitous access to information networks, while preserving diversity and cultural heritage. (Ibid.: 2)

Further, it highlighted the following priority areas of action: 1) infrastructure development, 2) securing affordable, universal access to ICTs, 3) preserving linguistic and cultural diversity and promoting local content, 4) developing human resources, 5) establishing legal, regulatory and policy frameworks, 6) ensuring balance between intellectual property rights (IPR) and public interest, 7) ensuring the security of ICTs, and 8) fostering partnerships and mobilizing resources. It is not difficult to see how the focus of necessary actions shifted from an emphasis on concerns of community and human rights, and public investments and commons, towards those of legal and policy mechanisms, multi-partner delivery of services, and intellectual property rights. Civil society organizations, expectedly, felt sidelined in this Conference, and decided to issue a join statement of Asian civil society organizations to ensure that their positions are effectively presented. The first two topics mentioned in this document were: 1) '[c]ommunication rights should be fully recognized as a fundamental and universal human right to be protected and promoted in the information society,' and 2) '[t]he participation of civil society in the information society at all levels should be ensured and sustained, from policy planning to implementation, monitoring and evaluation' (UNSAJ et al 2003). The joint statement was endorsed by 30 civil society organizations: UDDIPAN (Bangladesh); COMFREL (Cambodia); ETDA (East Timor); The Hong Kong Council of Social Services (Hong Kong); Food India, IT for Change (India); Indonesian Infocom Society (Indonesia); Active Learning, CPSR, Forum for Citizens' Television and Media, JTEC, Kyoto Journal, Ritsumeikan University Media Literacy Project, UNSAJ (Japan); Computer Association Nepal, Rural Area Development Programme (Nepal); APC Women's Networking Support Programme, Foundation for Media Alternatives, ISIS International (Philippines); Citizens' Action Network, Korean Progressive Network – Jinbonet, Labor News Production, ZAK (Republic of Korea); e-Pacificka Consulting (Samoa); National University of Singapore (Singapore); Public Television Service, Taiwan Association for Human Rights (Taiwan); Asian-South Pacific Bureau for Adult Education, FORUM ASIA, and TVE Asia Pacific (Regional) (Ibid.).

Participation in the WSIS Process

The first WSIS conference was held in Geneva in December 2003. Through the processes of organizing this conference, and the second one in Tunis in November 2005, United Nations expressed a clear intention of great participation of actors from the private companies, civil society, academia, and media, along with the governmental organizations. During the first meeting of the WSIS Preparatory Committee (PrepCom-1) in Geneva, during July 1-5, 2002, the civil society organizations demanded that they should be allowed to co-shape the key topics to be discussed during the first conference (2003). There was already an Inter-Governmental Subcommittee on Contents and Themes, but no equivalent platform for the civil society organizations was available. With the approval of the Civil Society Plenary (CSP), the Civil Society Subcommittee on Content and Themes (WSIS-SCT) was instituted during PrepCom-1 (WSIS-SCT 2003b). At the second WSIS Preparatory Committee meeting (PrepCom-2) in Geneva, during February 17-28, 2003, the WSIS-SCT produced a summary of the views of its members titled 'Vision and Principles of Information and Communication Societies,' and also a one page brief titled 'Seven Musts: Priority Principles Proposed by Civil Society' to be used for lobbying purposes (Ibid.). This brief mentioned seven key principles of Internet governance identified by the civil society organization taking part in the WSIS process: (1) sustainable development, (2) democratic governance, (3) literacy, education, and research, (4) human rights, (5) global knowledge commons, (6) cultural and linguistic diversity, and (7) information security (WSIS-SCT 2003a).

Asian civil society organizations that took part in the PrepCom-2 meeting included United Nations Association of China (China); CASP - Centre for Adivasee Studies and Peace, C2N - Community Communications Network (India); ICSORC - Iranian Civil Society Organizations Resource Center (Iran); GAWF - General Arab Women Federation (Iraq); Daisy Consortium, GLOCOM - Center for Global Communications (Japan); Association for Progressive Communication, Global Knowledge Partnership (Malaysia); Pakistan Christian Peace Foundation (Pakistan); WFEO - World Federation of Engineering Organization (Palestine); Asian South Pacific Bureau of Adult Education, Foundation for Media Alternatives, ISIS International – Manila (Philippines); Korean Progressive Network - Jinbonet (Republic of Korea); IIROSA - International Islamic Relief Organization (Saudi Arabia); and Taking IT Global (India, Indonesia, Malaysia, Philippines, and Turkey) (ITU 2003a).

All these efforts led to development of the Civil Society Declaration to the World Summit on the Information Society, which was prepared and published by the Civil Society Plenary at the Geneva conference, on December 08, 2003. The Declaration was titled 'Shaping Information Societies for Human Needs' (WSIS Civil Society Plenary 2003). The Asian civil society organization that took part in the Geneva conference were BFES - Bangladesh Friendship Education Society, Drik, ICTDPB - Information & Communication Technology Development Program, Proshika - A Center for Human Development (Bangladesh); China Society for Promotion of the Guangcai Programme, Chinese People's Association for Friendship with Foreign Countries, United Nations Association of China (China); The Hong Kong Council of Social Service (Hong Kong); CASP - Centre for Adivasee Studies and Peace, Childline India Foundation / Child Helpline International, DAWN - Development Alternatives with Women for a New Era (India); Communication Network of Women's NGOs in Iran, Green front of Iran, ICTRC - Iranian Civil Society Organizations Training and Research Center, Islamic Women's Institute of Iran, Institute for Women's Studies and Research, Organization for Defending Victims of Violence (Iran); ILAM - Center for Arab Palestinians in Israel (Israel); Citizen Digital Solutions, Forum for Citizens' Television and Media, GLOCOM - Center for Global Communications, JCAFE - Japan Computer Access for Empowerment, Soka Gakkai International (Japan); LAD-Nepal - Literary Academy for Dalit of Nepal (Nepal); Asia-Pacific Broadcasting Union, Global Knowledge Partnership (Malaysia); PAK Educational Society / Pakistan Development Network, SMEDA - Small & Medium Enterprise Development Authority (Pakistan); Palestine IT Association of Companies (Palestine); Isis International – Manila, Ugnayan ng Kababaihan sa Pulitika / Philippine Women's Network in Politics and Governance (Philippines); Citizen's Alliance for Consumer Protection of Korea, Korean Civil Society Network for WSIS (Republic of Korea); Youth Challenge (Singapore); Association for Progressive Communications (India and Philippines), CITYNET - Regional Network of Local Authorities for the Management of Human Settlements (India. Mongolia, and Philippines), Taking IT Global (India and Philippines) (ITU 2003b).

As the preparatory meetings and consultations towards the second WSIS conference advanced during the next year, the Asian civil society organizations attempted to engage more directly with the global Internet governance processes on one hand, and the national Internet and ICT policy situations on the other. Writing about their encounters at and before the second Preparatory Committee meeting of the Tunis conference, held in Geneva during February 17-25, 2005, Anita Gurumurthy and Parminder Jeet Singh made several early observations that have continued to resonate with the experiences of Asian civil society organizations throughout the decade (Gurumurthy & Singh 2005). Firstly, they indicated that the government agencies present in the dialogues tend to take diverging positions in international events and domestic contexts. Secondly, there was a marked absence of formal and informal discussions between the governmental and the civil society representatives of the same country present at the meeting. The government agencies were clearly disinterested in involving civil society organizations in the process. Thirdly, the civil society actors present in the meeting were mostly from the ICT for Development sector, and the organizations working in more 'traditional' sectors – such as education, health, governance reform, etc. – remained absent from the conversations. This is especially problematic in the case of such developing countries where there does not exist strategic linkages between civil society organizaions focusing on topics of technologized developmental interventions, and those involved in more 'traditional' development practices. Rekha Jain, in a separate report on the Indian experience of participating in the WSIS process, re-iterates some of these points (Jain 2006). She notes that '[w]hile the Secretary, [Department of Telecommunications, Government of India] was involved in (PrepCom-1) drafting the initial processes for involvement of NGOs, at the national level, this mechanism was not translated in to a process for involving the civil society or media' (Ibid.: 14).

The frequent lack of interest of national governments, especially in the Asian countries, to engage with civil society organizations on matters of policies and projects in Internet governance and ICTs for development (Souter 2007), further encouraged these organization to utilise the global discussion space opened up by the WSIS process to drive the agendas of democratisation of Internet governance processes, and protection and advancement of human rights and social justice. The second WSIS conference held in Tunis, during November 16-18, 2005, however, did not end in a positive note for the civil society organizations as a whole. The sentiment is aptly captured in the title of the Civil Society Statement issued after the Tunis Conference: 'Much more could have been achieved' (WSIS Civil Society Plenary 2005). Apart from producing this very important critical response to the WSIS process, within a month of its conclusions, the civil society organization contributed effectively in one of the more longer-term impacts of the process – the establishment of the Internet Governance Forums (IGFs). Immediately after the publication of the Report of the Working Group on Internet Governance (Desai et al) in June 2005, the Center for Global Communications (GLOCOM), Japan, acting on behalf of the Civil Society Internet Governance Caucus, came forward with public support for 'the establishment of a new forum to address the broad agenda of Internet governance issues, provided it is truly global, inclusive, and multi-stakeholder in composition allowing all stakeholders from all sectors to participate as equal peers' (WSIS Civil Society Internet Governance Caucus 2005: 3).

Asian Civil Society Organizations at the IGFs

In 2006, the WSIS Civil Society Internet Governance Caucus was reformed and established as a permanent 'forum for discussion, advocacy, action, and for representation of civil society contributions in Internet governance processes' (Civil Society Internet Government Caucus 2006). Representatives from Asian civil society organizations have consistently played critical roles in the functionings of this Caucus. Youn Jung Park of the Department of Technology and Society, SUNY Korea, co-founded and co-coordined the original Caucus in 2003. Adam Peake of the Center for Global Communications (GLOCOM), International University of Japan, was co-coordinator of the original Caucus from 2003 to 2006. Parminder Jeet Sing of IT for Change, India, was elected as one of the co-cordinators of the newly reformed Caucus in 2006, with the term ending in 2008. Izumi Aizu of the Institute for HyperNetwork Society and the Institute for InfoSocinomics, Tama University, Japan served as the co-coordinator of the Caucus during 2010-2012.

The first Internet Governance Forum organized in Athens, October 30 – November 2, 2006, saw participation from a very few Asian civil society organizations, mostly from Bangladesh and Japan (IGF 2006). The second Internet Governance Forum in Rio de Janeiro, November 12-15, 2007 had a wider representation from Asian civil society organizations: Bangladesh NGOs Network for Radio and Communication, BFES - Bangladesh Friendship Education Society, VOICE – Voices for Interactive Choice and Empowerment (Bangladesh); China Association for Science and Technology, Internet Society of China (China); University of Hong Kong (Hong Kong); Alternative Law Forum (via Association for Progressive Communications - Women's Networking Support Programme), Indian Institute of Technology in Delhi, IT for Change (India); GLOCOM, Kumon Center, Tama University (Japan); Sustainable Development Networking Programme (Jordan); Kuwait Information Technology Society (Kuwait); Assocation of Computer Engineers – Nepal, Rural Area Development Programme, Nepal Rural Information Technology Development Society (Nepal); Bytesforall – APC / Pakistan, Pakistan Christian Peace Foundation (Pakistan); Foundation for Media Alternatives, Philippine Resources for Sustainable Development Inc. (Philippines); and LIRNEasia (Sri Lanka). At the Open IGF Consultations in Geneva, on February 26 2008, the Internet Governance Caucus made two significant submissions: 1) that, although structuring the IGF sessions in Athens and Rio de Janeiro around the large themes of access, openness, diversity, and security have been useful to open up the multi-stakeholder dialogues, it is necessary to begin focused discussions of specific public policy issues to take the IGF process forward (Civil Society Internet Governance Caucus 2008a), and 2) that the Multi-Stakeholder Advisory Group (MAG), which drives the IGF process and events, should be made more proactive and transparent, and expanded in size so as to better include the different stakeholder groups who may self-identify their representatives for the MAG (Civil Society Internet Governance Caucus 2008b).

On one hand, the IGF Hyderabad, December 3-6, 2008, experienced a decline in the percentage of participants from civil society organizations and a rather modest increase in the percentage of participants from Asian countries (see: 6.1.5. Annexe – Tables), especially since this was the first major international Internet governance summit held in an Asian country. On the other hand, the Civil Society Internet Governance Caucus succeeded to bring forth the term 'enhanced cooperation,' as mentioned in the Tunis Agenda, to be addressed and discussed in one of the main sessions of the Forum (IGF 2008). The next IGF held in Sharm El Sheikh, November 15-18, 2009, saw further decline of participation from both the representatives of civil society organizations, and the attendees from Asian countries (see: 6.1.5. Annexe – Tables). In this context, Youn Jung Park made the following statement in the Stock Taking session of the summit:

As a cofounder of WSIS Civil Society Internet Governance Caucus in 2003, I would like to remind you ... [that] Internet Governance Forum was created as a compromise between those who supported the status quo Internet governance institution under one nation's status provision, and those who requested for more balanced roles for governments under international supervision of the Internet. While IGF has achieved a great success of diluting of such political tension between those who have different views of how to institutionalize Internet governance, ironically Internet governance forum became a forum without governance... [We] have to admit [that] IGF failed to deliver another mandate of the U.N. WSIS: Continuing discussion of how to design Internet governance institutions... The current IGF continues to function as knowledge transfer of ICANN's values to other stakeholders, while those who want to discuss and negotiate on how to design Internet governance institutions should have another platform for that specific U.N. WSIS mandate. (IGF 2009)

The first Asia Pacific Regional Internet Governance Forum (APrIGF) was held in Hong Kong on June 14-16, 2010. The organising committee included three civil society / acadmic organizations – Center for Global Communications (GLOCOM), Internet Society Hong Kong, and National University of Singapore – and three indpendent experts – Kuo-Wei Wu (Taiwan), Norbert Klein (Cambodia), and Zahid Jamil (Pakistan). Though the Forum had dominant presence from government and private sector participants, several representatives from Asian civil society / academic organizations spoke at the sessions: Ang Peng Hwa (Singapore Internet Research Centre, Nanyang Technological University), Charles Mok (Internet Society Hong Kong), Christine Loh (Civic Exchange), Chong Chan Yau (Hong Kong Blind Union), Clarence Tsang (Christian Action), Ilya Eric Lee (Taiwan E-Learning and Digital Archives Program, and Research Center for Information Technology Innovation), Izumi Aizu (Institute for HyperNetwork Society, and Institute for InfoSocinomics, Kumon Center, Tama University), Oliver “Blogie” Robillo (Mindanao Bloggers Community), Parminder Jeet Singh (IT for Change), Priscilla Lui (Against Child Abuse in Hong Kong), Tan Tin Wee (Centre for Internet Research, National University of Singapore), and Yap Swee Seng (Asian Forum for Human Rights and Development). As Ang Peng Hwa noted at the beginning of the summit, its key objective was to provide a formal space for various stakeholders from the Asia-Pacific region to discuss and provide inputs to the IGF process (APrIGF 2010). The regional forum was successful in enabling newer civil society entrants from the Asia-Pacific region to familiarize themselves with the IGF process, and to contribute to it. Oliver “Blogie” Robillo, represented and submit recommendations from Southeast Asian civil society organizations at IGF Vilnius, September 14-17, 2010, which was the first time he took part in the summit series. He emphasised the following topics: 1) openness and freedom of expression are the basis of democracy, and state-driven censorship of Internet in the region is an immediate threat to such global rights, 2) coordinated international efforts need to address and resolve not only global digital divides, but also the divides at regional, national, and sub-nationals scales, 3) the right to privacy is an integral part of cybersecurity, as well as a necessary condition for exercising human rights, 4) global Internet governance efforts must ensure that national governments do not control and restrict abilities of citizens to express through digital means, and it should be aligned with the universal human rights agenda, and 5) even after 5 years of the IGF process, a wider participation of civil society organizations, especially from the Asia-Pacific regions, remains an unachieved goal, which can only be achived if specific resources are allocated and processes are implemented (IGF 2010).

Internet Censorship and Civil Society Responses

Throughout the decade of 2000-2010, censorship of Internet and restriction of digital expression remained a crucial Internet rights concern across the world, and especially the Asian countries. One of the earliest global reports on the matter was brought out by the Reporters without Borders. In 2006, it published a list of countries marked as 'Internet Enemies' that featured 16 countries, out of which 11 were from Asia: China, Iran, Maldives, Myanmar (then, Burma), Nepal, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan, and Vietnam (Reporters without Borders 2006). The list was updated in 2007, and three of these countries – Libya, Maldives, and Nepal – were taken off (Ibid.). The unique contradictions of the Asian region were sharply foregrounded in the 2006-07 report on Internet censorship by OpenNet Initiative, which noted:

Some of the most and least connected countries in the world are located in Asia: Japan, South Korea, and Singapore all have Internet penetration rates of over 65 percent, while Afghanistan, Myanmar, and Nepal remain three of thirty countries with less than 1 percent of its citizens online. Among the countries in the world with the most restricted access, North Korea allows only a small community of elites and foreigners online. Most users must rely on Chinese service providers for connectivity, while the limited number North Korean–sponsored Web sites are hosted abroad... [T]hough India’s Internet community is the fifth largest in the world, users amounted to only about 4 percent of the country’s population in 2005. Afghanistan, Myanmar, and Nepal are among the world’s least-developed countries. Despite the constraints on resources and serious developmental and political challenges, however, citizens are showing steadily increasing demand for Internet services such as Voice-over Internet Protocol (VoIP), blogging, and chat. (Wang 2007)

The report further described the strategy used by various Asian governments of 'delegation of policing and monitoring responsibilities to ISPs, content providers, private corporations, and users themselves' (Ibid.) These mechanisms enforce self-surveillance and self-censorship in the face of threats of loss of commercial license, denial of services, and even criminal liability. Defamation suits and related civil and criminal liability have also been used by several Asian governments to silence influential critics and protesters. Direct technical filtering of Internet traffic (especially inwards traffic) and blocking of URLS via government directives sent to Internet Service Providers (ISPs) have also been common practice in key Asian countries (Ibid.). Expectedly, such experiences of oppression led to widespread campaigns and communications by the Asian civil society organizations, as can be sensed from the above mentioned submission by Oliver “Blogie” Robillo at IGF Vilnius.

Among the Asian countries, the comprehensive technologies of censorship developed and deployed by China has been studied most extensively. The Golden Shield Project was initiated by the Ministry of Public Security of China in 1998 to undertake blanket blocking of incoming Internet traffic based on specific URLs and terms. Evidences of the project getting operationalised became available in 2003 (Garden Networks for Freedom of Information 2004). Censorship of Internet in China, however, has not only been dependent on such sophisticated systems. In 2003, it was made mandatory for all residents of Lhasa, Tibet, to use a specific combination and password to access Internet, which was directly linked to their names and address. An Internet ID Card was issued by the government to implement this (International Campaign for Tibet. 2004). Tibet Action Institute has been a key civil society organization at the forefront of cyber-offensive of the Chinese government. A recent documentary by the Institute, titled 'Tibet: Frontline of the New Cyberwar,' has narrated how it has worked closely with the Citizen Lab, Munk School of Global Affairs, University of Toronto, to identify, trace, and resist the malware- and other cyber-attacks experienced by the civil society actors and websites in favor of independence of Tibet (Tibet Action Institute 2015). Not only activists supporting the Tibetan cause, digital security training emerged as an important aspect of the life of civil society organizations during the decade. Asian organizations like Bytes for All (Pakistan) and Myanmar ICT for Development Organization (Mynamar), as well as international organizations like Front Line Defenders and Citizen Lab have educated and supported civil society activities much beyond the Internet governance sphere with tools and techniques for effectively using digital channels of communications, and defending themselves for cyber-threats.

Combination of traditional forms of civil society mobilizations and digital techniques have often been used resist attempts by Asian governments to control the online communication space. Huma Yusuf has extensively studied the emergence of hybrid media strategies, using both old media channels like newspapers and new media channels like blogs and video sharing platforms, among citizen journalists and civil society activists in Pakistan as the government took harsh steps towards control of both traditional and online media during 2007-2008 (Yusuf 2009). She has carefully traced how possibilities of new forms of information and media sharing enabled by Internet were initially identified and implemented by citizen journalists and student activists, which was quickly learned and re-deployed by more formal organisation, such as print and electronic news companies, and civil society organizations like those involved in election monitoring (Ibid.). Malaysia also experienced fast-accelerating face-off between the government and the civil society during 2007-2010, as the former started intervening directly into censoring blogs and newspaper websites. On one hand, the government took legal actions against critical bloggers, either directly or indirectly, and on the other it instructed ISPs to block 'offensive content.' It also borrowed the 'Singapore-model' to mandate registration of bloggers with government authorities, if they are identifed as writing on socio-political topics. The civil society actors responded to these oppressive steps by setting up a new blog dedicated to coverage of the defamation cases (filed against prominent bloggers), and publicly sharing instructions for circumvention of the blocks imposed by ISPs. The National Alliance of Bloggers was soon formed, which organised the “Blogs and Digital Democracy” forum on October 3, 2007 (Thien 2011: 46-47). Similarly, Bloggers Against Censorship campaign took shape in India in 2006 as the government first directed ISPs to block specific blogs hosted on Blogspot, TypePad, and Yahoo! Geocities, and then went for complete blocking of Yahoo! Geocities as the ISPs failed to block specific sub-domains of the platform (Bloggers Collective Group 2006). Learning from this experience, the following year Indian government decided to work directly with Orkut to take down 'defamatory content' about a politician (The Economic Times 2007). This is common for other Asian governments too, as they have continued to develop more legally binding and technically sophisticated measures to monitor and control online expression.

In the 'Internet Enemies Report 2012,' Reporters without Borders listed 12 countries as 'enemies of the Internet,' out of which 10 were from Asia – Bahrain, China, Iran, Myanmar, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan, and Vietnam – and it named 14 countries that are conducting surveillance on its citizens, out of which 7 were from Asia – India, Kazakhstan, Malaysia, South Korea, Sri Lanka, Thailand, and United Arab Emirates (Reporters without Borders 2012). At the APrIGF held in Tokyo, July 18-20, 2012, a group of delegates from civil society organizations working in the South-East Asian region issued a joint statement with a clear call for global action against the shrinking space for freedom of (digital) expression in the region (Thai Netizen Network et al 2012). They specifically noted the following national acts as examples of the legislative mechanisms being used by different Asian governments to criminalize online speech and/or to harass public dissenters:

Burma – The 2004 Electronic Transactions Act
Cambodia – The 2012 Draft Cyber-Law, the 1995 Press Law, and the 2010 Penal Code
Malaysia – The 2012 Amendment to the Evidence Act and the 2011 Computing Professionals Bill
Indonesia – The 2008 Law on Information and Electronic Transaction and the 2008 Law on Pornography
The Philippines – The 2012 Data Privacy Act
Thailand – The 2007 Computer Crimes Act, the Article 112 of the Penal Code, and the 2004 Special Case Investigation Act
Vietnam – The 1999 Penal Code, the 2004 Publishing Law, the 2000 State Secrets Protection Ordinance, and the 2012 Draft Decree on Internet Management. (Ibid.)

The statement was co-signed by Thai Netizen Network, Thai Media Policy Centre, The Institute for Policy Research and Advocacy (ELSAM), Southeast Asian Press Alliance (SEAPA), Southeast Asian Centre for e-Media (SEACeM), Victorius (Ndaru) Eps, Community Legal Education Center (CLEC), Sovathana (Nana) Neang, Asian Forum for Human Rights and Development (FORUM-ASIA), and was endorsed by ICT Watch (Indonesian ICT Partnership Association).

Annexe – Tables

Table 1: Participation from Asian Countries and of representatives from Asian civil society organisations in IGFs, 2006-2010

Event	Participants from Asian Countries	Participants from Civil Society Organizations
IGF Athens 2006	11%	29%
IGF Rio de Janeiro 2007	13%	32%
IGF Hyderabad 2008	56% from India, and 15% from other Asian countries	25%
IGF Sharm El Sheikh 2009	17%	19%
IGF Vilnius 2010	Not Available	Not Available

Source: Reports available on Internet Governance Forum website (http://igf.wgig.org/cms).

Table 2: Internet Society Chapters in Asia

Chapter	Year of Establishment	URL
Afghanistan	In formation	Not available
Bahrain	2001	http://www.bis.org.bh/
Bangladesh	2011	http://www.isoc.org.bd/dhaka/
Hong Kong	2005	http://www.isoc.hk/
India (Bangalore)	2010	http://www.isocbangalore.org/
India (Chennai)	2007	http://www.isocindiachennai.org/
India (Delhi)	2002. Rejuvenated in 2008.	http://www.isocdelhi.in/
India (Kolkata)	2009	http://isockolkata.in/
India (Trivandrum)	2015	Not available
Indonesia	2014	http://www.isoc.or.id/
Israel	1995	http://www.isoc.org.il/
Japan	1994	http://www.isoc.jp/
Lebanon	2010	http://www.isoc.org.lb/
Malaysia	2010	http://www.isoc.my/
Nepal	2007	http://www.internetsociety.org.np/
Pakistan (Islamabad)	2013	http://www.isocibd.org.pk/
Palestine	2002	http://www.isoc.ps/
Philippines	1999. Rejuvenated in 2009.	https://www.facebook.com/isoc.ph/
Qatar	2011	http://www.isoc.qa/
Republic of Korea	2014	Not available
Singapore	2011	http://isoc.sg/
Sri Lanka	2010	http://www.isoc.lk/
Taipei	1996	http://www.isoc.org.tw/
Thailand	1996	http://www.isoc-th.org/
United Arab Emirates	2007	http://www.isocuae.com/
Yemen	2013	http://isoc.ye/

Source: Details of chapters available on Internet Society website (http://www.internetsociety.org/).

Reference

Aizu, Izumi et al. 2002. Joint Statement from Asia Civil Society Forum Participants on World Summit on the Information Society (WSIS). December 13. Accessed on July 08, 2015 from http://www.wsisasia.org/wsis-acsf2002/wsis-acsfdec13f.doc.

Asia Pacific Regional Internet Governance Forum (APrIGF). 2010. APrIGF Roundtable – June 15th, 2010: Session 1 – Welcome Remarks and Introduction – Real Time Transcript. Accessed on July 08, 2015 from http://2010.rigf.asia/aprigf-roundtable-june-15th-2010-session-1/.

Bloggers Collective Group. 2006. Bloggers Against Censorship. Last updated on April 30, 2009‎. Accessed on July 08, 2015, from http://censorship.wikia.com/wiki/Bloggers_Against_Censorship.

Civil Society Internet Governance Caucus. 2006. Internet Governance Caucus Charter. October 14. Accessed on July 08, 2015, from http://igcaucus.org/old/IGC-charter_final-061014.html.

Civil Society Internet Governance Caucus. 2008a. Inputs for the Open IGF Consultation, Geneva, 26th February, 2008 – Statement II: Main Session Themes for IGF, Hyderabad. February 26. Accessed on July 08, 2015, from http://igcaucus.org/old/IGC%20-%20Main%20themes%20for%20IGF%20Hyd.pdf.

Civil Society Internet Governance Caucus. 2008b. Inputs for the Open IGF Consultation, Geneva, 26th February, 2008 – Statement III: Renewal / Restructuring of Multi-stakeholder Advisory Group. February 26. Accessed on July 08, 2015, from http://igcaucus.org/old/IGC%20-%20MAG%20Rotation.pdf.

Desai, Nitin, et al. 2005. Report of the Working Group on Internet Governance. United June. Accessed on July 08, 2015 from http://www.wgig.org/docs/WGIGREPORT.pdf.

Garden Networks for Freedom of Information. 2004. Breaking through the “Golden Shield.” Open Society Institute. November 01. Accessed on July 08, 2015 from https://www.opensocietyfoundations.org/sites/default/files/china-internet-censorship-20041101.pdf.

George, Susanna. 2002. Women and New Information and Communications Technologies: The Promise of Empowerment. Presented at The World Summit on the Information Society: An Asian Response Meeting, November 22-24. Accessed on July 08, 2015 from http://www.wsisasia.org/materials/susanna.doc/.

Gurumurthy, Anita, & Parminder Jeet Singh. 2005. WSIS PrepCom 2: A South Asian Perspective. Association for Progressive Communications. April 01. Accessed on July 08, 2015, from https://www.apc.org/en/news/hr/world/wsis-prepcom-2-south-asian-perspective.

Internet Governance Forum (IGF). 2006. Athens 2006 – List of Participants. Accessed on July 08, 2015, from http://www.intgovforum.org/PLP.html.

Internet Governance Forum (IGF). 2008. Arrangements for Internet Governance, Global and National/Regional. IGF Hyderabad, India. December 5. Accessed on July 08, 2015, from https://web.archive.org/web/20130621205004/http://www.intgovforum.org/cms/hyderabad_prog/AfIGGN.html [Original URL: http://www.intgovforum.org/cms/hyderabad_prog/AfIGGN.html].

Internet Governance Forum (IGF). 2009. Taking Stock and Looking Forward – On the Desirability of the Continuation of the Forum, Part II. IGF Sharm El Sheikh, Egypt. November 18. Accessed on July 08, 2015, from http://www.intgovforum.org/cms/2009/sharm_el_Sheikh/Transcripts/Sharm%20El%20Sheikh%2018%20November%202009%20Stock%20Taking%20II.txt.

Internet Governance Forum (IGF). 2010. Taking Stock of Internet Governance and the Way Forward. IGF Vilnius, Lithuania. September 17. Accessed on July 08, 2015, from http://igf.wgig.org/cms/component/content/article/102-transcripts2010/687-taking-stock.

International Campaign for Tibet. 2004. Chinese Authorities Institute Internet ID Card System in Tibet for Online Surveillance. April 30. Accessed on July 08, 2015, from http://www.savetibet.org/chinese-authorities-institute-internet-id-card-system-in-tibet-for-online-surveillance/.

International Telecommunication Union (ITU). 2003a. PrepCom-2 / 17-28 February 2003 – Final List of Participants. February 28. Accessed on July 08, 2015, from http://www.itu.int/wsis/participation/prepcom2/prepcom2-cl.pdf.

International Telecommunication Union (ITU). 2003b. Geneva Phase of the WSIS: List of Participants. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs/geneva/summit_participants.pdf.

Jain, Rekha. 2006. Participation of Developing Countries in the World Summit on the Information Society (WSIS) Process: India Case Study. Association for Progressive Communications. March. Accessed on July 08, 2015 from http://rights.apc.org/documents/wsis_india.pdf.

Reporters without Borders. 2006. List of the 13 Internet Enemies. Last updated on August 28, 2007. Accessed on July 08, 2015 from http://en.rsf.org/list-of-the-13-internet-enemies-07-11-2006,19603.

Reporters without Borders. 2012. Internet Enemies Report 2012. Accessed on July 08, 2015 from http://en.rsf.org/IMG/pdf/rapport-internet2012_ang.pdf.

Souter, David. 2007. WSIS and Civil Society. In: Whose Summit? Whose Information Society? Developing Countries and Civil Society at the World Summit on the Information Society. With additional research by Abiodun Jagun. Association for Progressive Communications. Pp. 72-89. Accessed on July 08, 2015 from http://rights.apc.org/documents/whose_summit_EN.pdf.

Thai Netizen Network et al. 2012. Southeast Asian Civil Society Groups Highlight Increasing Rights Violations Online, Call for Improvements to Internet Governance Processes in the Region. Statement of Civil Society Delegates from Southeast Asia to 2012 Asia-Pacific Regional Internet Governance Forum (APrIGF). July 31. Accessed on July 08, 2015 from https://freedomhouse.org/sites/default/files/AprIGF-Joint%20Statement-FINAL.pdf.

The Economic Times. 2007. Orkut's Tell-All Pact with Cops. May 01. Accessed on July 08, 2015 from http://articles.economictimes.indiatimes.com/2007-05-01/news/28459689_1_orkut-ip-addresses-google-spokesperson.

The World Summit on the Information Society: An Asian Response. 2002. Final Document. Accessed on July 08, 2015 from http://www.wsisasia.org/materials/finalversion.doc.

Thien, Vee Vian. 2011. The Struggle for Digital Freedom of Speech: The Malaysian Sociopolitical Blogosphere’s Experience. In: Ronald Deibert et al. (eds.) Access Contested. OpenNet Initiative. Pp. 43-63. Accessed on July 08, 2015 from http://access.opennet.net/wp-content/uploads/2011/12/accesscontested-chapter-03.pdf.

Tibet Action Institute. 2015. Tibet: Frontline of the New Cyberwar. YouTube. January 27. Accessed on July 08, 2015 from https://www.youtube.com/watch?v=yE3AQqbGVkk.

UNSAJ et al. 2003. Civil Society Observations and Response to the Tokyo Declaration. Asia-Pacific Regional Conference on the World Summit on the Information Society. January 15. Accessed on July 08, 2015 from http://www.wsisasia.org/wsis-tokyo/tokyo-statement.html.

Wang, Stephanie. 2007. Internet Filtering in Asia in 2006-2007. OpenNet Initiative. Accessed on July 08, 2015, from https://opennet.net/studies/asia2007.

WSIS Civil Society Internet Governance Caucus. 2005. Initial Reactions to the WGIG Report. Contribution from GLOCOM on behalf of the WSIS Civil Society Internet Governance Caucus. July 19. Accessed on July 08, 2015, from www.itu.int/wsis/%20docs2/pc3/contributions/co23.doc.

WSIS Civil Society Plenary. 2003. “Shaping Information Societies for Human Needs” – Civil Society Declaration to the World Summit on the Information Society. December 8. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs/geneva/civil-society-declaration.pdf.

WSIS Civil Society Plenary. 2005. “Much more could have been achieved” – Civil Society Statement on the World Summit on the Information Society. December 18. Accessed on July 08, 2015, from https://www.itu.int/wsis/docs2/tunis/contributions/co13.pdf.

WSIS Civil Society Subcommittee on Content and Themes. 2003a. “Seven Musts”: Priority Principles Proposed by Civil Society. February 25. Accessed on July 08, 2015, from http://www.movimientos.org/es/foro_comunicacion/show_text.php3%3Fkey%3D1484.

WSIS Civil Society Subcommittee on Content and Themes. 2003b. Final Report on Prepcom-2 Activities of the Civil Society on Content and Themes. March 27. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs/pcip/misc/cs_sct.pdf.

WSIS Executive Secretariat. 2003. Report of the Asia-Pacific Regional Conference for WSIS (Tokyo, 13-15 January 2003). WSIS. Accessed on July 08, 2015, from http://www.itu.int/dms_pub/itu-s/md/03/wsispc2/doc/S03-WSISPC2-DOC-0006!!PDF-E.pdf.

Yusuf, Huma. 2009. Old and New Media: Converging during the Pakistan Emergency (March 2007 - February 2008). MIT Centre for Civic Media. January 12. Accessed on July 08, 2015, from https://civic.mit.edu/blog/humayusuf/old-and-new-media-converging-during-the-pakistan-emergency-march-2007-february-2008.

For more details visit https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-asia-open-review

Civil Society Letter Against TRIPS-Plus IP Enforcement

pranesh — 2011-09-22T12:48:51Z

This open letter was sent to the president of Confederation of Indian Industry (CII) and high-level government officials on the eve of the Third International Conference on Counterfeiting & Piracy organized by CII. This conference aims to strengthen the enforcement of intellectual property rights and thus creating an imbalance in the protection that intellectual property offers to both those who own it as well as those who don't.

An Open Letter to the President of Confederation of Indian Industry (CII) on the Third International Conference on Counterfeiting & Piracy

To
Mr. Venu Srinivasan
The President
Confederation of Indian Industry (CII)
The Mantosh Sondhi Centre, 23,
Institutional Area, Lodi Road
New Delhi - 110 003

Dear Mr. Srinivasan,

We understand that Confederation of Indian Industry (CII) is hosting the Third International Conference on Counterfeiting and Piracy from 19-20th August 2009 in partnership with the Embassy of the United States and the Quality Brand Protection Committee (QBPC), China. As stated in the invitation letter the primary objectives of the conference are: 1) to initiate coordinated action for cross border enforcement; 2) to highlight the importance of protection of intellectual property rights (IPRs); 3) to combat the growing threat of piracy and counterfeiting; 4) to facilitate a global meeting of customs officials across the globe; 5) to recommend the creation and setting up of a governmental “National Brand Protection” group; 6) to serve as a forum to discuss legal guidelines related to the prosecution of IPR infringement and to eliminate ‘loopholes’ within the existing laws; and 7) to strengthen cooperation between enforcement agencies and chalk out strategies for enforcement agencies a industry action both at national & international level. We also understand that this international conference is part of CII Intellectual Property Division’s special initiative on enforcement of IPRs. As part of this special initiative CII aims at “engaging government to create conducive legislative measures, policy levels reform and impressing [upon them] to adopt stringent enforcement initiatives and exemplary punitive and monetary measures to further safeguard and secure the interest of industry”. CII also wants to “create a global partnership to synergise efforts of international community and to support and participate in India's efforts in combating counterfeiting both at domestic and international levels”. We, the undersigned, representing various civil society organizations in India, write this letter to express our strong reservation on the conference as well as on CII’s special initiative on IP enforcement. Without raising any question on CII’s right to organize events we would like to convey the following concerns with regard to the conference and CII’s initiative on IP enforcement.

Many of the above mentioned objectives of the conference and the special initiative are directed towards the enhancement of intellectual property (IP) standards like coordinated action on border measures, common guidelines for prosecution of IP infringement, exemplary punitive and monetary measures, etc. In other words, enhancement of IP standards means using more public money to protect private rights; very often protecting the monopoly over intangible property rights of multi-national corporations (MNCs).

As you may be aware, MNCs and their developed country hosts are currently engaged in the implementation of a multi-pronged strategy to enhance IP enforcement standards.[1] This is similar to the MNC’s initiatives in the mid 80s to enhance international IP protection, which resulted in the Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS). Unlike the 80s, now MNCs and developed countries use multiple forums to pursue the objective of enhancement of IP enforcement standards. Some developed countries have unilaterally enhanced their IP enforcement strategy to force other countries, especially developing countries, to accept the same through various multilateral organizations, namely the World Customs Organization (WCO), World Health Organization (WHO), Universal Postal Union (UPU), Interpol, WIPO and WTO. Developed countries are also using Free Trade Agreements (FTAs), Bilateral Agreements on IP Enforcements as well as financing lobbyist studies, conferences and policy recommendations to impose higher IP enforcement standards. These efforts for the enhancement of IP enforcement standards are a matter of grave concern for the people of developing countries and their governments. By partnering with the US Embassy and Quality Brand Protection Committee of China (QBPC)[2] in the organization of this conference, CII is allowing itself to play in the hands of MNCs and some developed countries, whose interests do not match with that of India industries and that of the Indian people.

As you are aware, the Government of India is taking a very strong position in resisting enhancement of IP enforcement standards in all the multilateral forums. India along with like-minded developing countries successfully pushed back TRIPS-plus[3] IP enforcement agenda at WCO and WHO. India is also trying its level best to convince other developing countries the need to stick to TRIPS-compliant standards rather than adopting TRIPS-plus enforcement standards. In the wake of the controversial generic drug seizures by EU customs authorities, India has also raised the issue of TRIPS-plus IP enforcement standards contained in the EU IP Enforcement Directive at least two times at the TRIPS Council.[4] The Indian political leadership has unequivocally raised its concern over the enhancement of IP enforcement standards at other forums also.[5] In adopting this stance, the Government of India has cited public interest as well as the operating freedom of Indian industry as its justifications.[6] By partnering at this vital stage with an MNC lobby group and a heeding to developed country governments, CII is not acting in furtherance of the legitimate public interests of Indian domestic industry and the Indian people.

It is a well-evidenced fact that TRIPS-plus enforcement standards adversely impact not only legitimate trade between nations (as shown by the EU seizures) but also the day-to-day life of millions of people especially in India and other developing countries.[7] Unfounded IP enforcement measures would adversely impact access to life saving medicines and educational materials. Thus the IP enforcement measures also have the potential to deny right to development to people in the global South. Hence an organization like CII should not view IP as only a business tool but should look at the larger scheme of things especially in the social and economic realities of India. In fact, by promoting enhancement of IP enforcement standards CII is advocating a policy, which would violate the right to health, the right to knowledge, as also the right to development.

We would also like to point out that Indian pharmaceutical industry is one of the victims of TRIPS-plus IP enforcement standards. In 2008 alone, 17 consignments[8] were seized in transit at Europe using the EU Directive on IP Enforcement, which allows seizure of goods in transit.[9] These consignments were being exported from developing countries (such as India and Brazil) to other developing countries, and the contents of the consignments are perfectly legal in both the exporting as well as the importing nations. These highly questionable seizures resulted in the crisis of health programmes as it resulted in delays in and prohibitive costs of access to life-saving medicines in developing countries of Africa and Latin America. CII can barely claim to be representative of the interests of Indian industry if it ignores such episodes and partners with self-promoting MNCs and developed countries’ governments to advocate for the enhancement of IP enforcement standards.

In the light of above-mentioned issues, we request you to consider the following:

Rejecting the TRIPS-plus enforcement agenda in toto. We demand CII, Federation of Indian Chambers of Commerce and Industry (FICCI), Associated Chambers of Commerce and Industry(ASSOCHAM) and other Indian business associations to reject any and all attempts of bringing in a TRIPS-plus enforcement agenda in India, in the interests of Indian industry and the Indian people.
Completely disengaging from any collaborative efforts with foreign institutions to further TRIPS-plus standards of IP protection in India and also abstaining from any engagements on the anti-counterfeiting efforts with foreign agencies. CII should attempt to engage with domestic institutions and build national consensus before engaging with foreign institutions with the claim of representatives of Indian industry.
Taking necessary proactive steps to safeguard the interests of access to medicine and access to knowledge along with interest of the Indian domestic industry.
Participating in a more creative discussion on IP and development rather than simply accepting the simplistic and largely discredited view that stronger IP regime leads to more innovation and is a necessary condition for socio-economic development.

CC:
Shri Anjan Das
Senior Director & Head
Technology, Innovation, IPR & Life Sciences
Confederation of Indian Industry (CII)
Plot No. 249-F, Sector-18; Udyog Vihar, Phase-IV,
Gurgaon-122015, Haryana

Shri. P. Chidambaram
Minister
Ministry of Home Affairs
Government of India
North Block, Central Secretariat
New Delhi 110001

Shri G. K. Pillai
Secretary Justice
Department of Justice
Ministry of Home Affairs
Government of India
North Block, Central Secretariat
New Delhi 110001

Shri Naresh Dayal,
Secretary, Dept. of Health and Family Welfare
Ministry of Health and Family Welfare
Government of India
149-A, Nirman Bhawan, New Delhi – 110 011

Shri Ajay Shankar
Secretary
Department Of Industrial Policy & Promotion
Ministry of Commerce and Industry
Room 153, Udyog Bhavan,
New Delhi – 110 011

Signatories to this letter

Centre for Trade and Development (Centad), New Delhi
Centre for Internet and Society, Bangalore
National Working Group on Patent Laws, New Delhi
Lawyers Collective (HIV/AIDS Unit)
All India Drug Action Network (AIDAN)
International Treatment Preparedness Coalition (ITPC), India
Consumers Association of India, Chennai
IndoJuris Law Offices, Chennai
All Indian People’s Science Network, New Delhi
Delhi Science Forum
Alternative Law Forum, Bangalore
Knowledge Commons
Moving Republic
IT for Change
Centre for Health and Social Justice(CHSJ), New Delhi
Navdanya, New Delhi
Support for Advocacy and Training to Health Initiatives (SATHI)
Centre for Enquiry Into Health and Allied Themes (CEHAT)
Initiative for Health Equity & Society
International Peoples Health Council (South Asia)
Drug Action Forum – Dharwad, Karnataka
Dr. Mira Shiva, New Delhi
Tina Kuriakose, PhD Scholar, Jawaharlal Nehru University, New Delhi
Dr Gopal Dabade, Dharwad
Dinesh Abrol, Scientist NISTADS, CSIR, New Delhi
Madhavi Rahirkar, Lawyer/Consultant, Pune
Gautam John, Bangalore
Achal Prabhala, Bangalore

Endnotes

[1] See Susan K Sell, The Global IP Upward Ratchet, Anti-counterfeiting and Piracy Enforcement Efforts: The State of Play.
[2] QBPC barely qualifies as a representative of Chinese interest, as it comprises more than 180 multinational member companies.
[3] ‘TRIPS-plus’ refers to any protection of IPRs that surpasses the standards and requirements spelt out in WTO-TRIPS provisions.
[4] See Jonathan Lyn, India Brazil raise EU drug Seizures issue at WTO, available at http://www.livemint.com/2009/02/04232721/India-Brazil-raise-EU-drug-se.html
[5] Indian Minister of State for External Affairs Broaches Seizures of Generics at ECOSOC, available at http://www.keionline.org/blogs/2009/07/08/india-ecosoc-seizures/#more-2404
[6] Indian Commerce Secretary’s Speech to the African Community Ambassadors. available at http://www.centad.org/focus_77.asp.
[7] For two very recent examples, see Intellectual Property Enforcement: International Perspectives, Xuan Li & Carlos Correa (eds.) (2009); Anand Grover, Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, A/HRC/11/12 (2009).
[8] Jyoti Datta, 16 out of 17 drug consignment seizures in the Dutch were from India available at http://www.thehindubusinessline.com/2009/06/08/stories/2009060851700300.htm
[9] The EC Regulation No 1383/2003 allows for seizure of goods in transit.

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