Centre for Internet and Society

Towards Open and Equitable Access to Research and Knowledge for Development

praskrishna — 2011-08-18T05:04:54Z

There is growing recognition that the capacity to conduct research and to share the resulting knowledge is fundamental to all aspects of human development, from improving health care delivery to increasing food security, and from enhancing education to stronger evidence-based policy making. This article by Leslie Chan, Barbara Kirsop and Prof. Subbiah Arunachalam was published in PLoS (Public Library of Science) on March 29, 2011.

For more details visit https://cis-india.org/openness/blog-old/open-equitable-access-to-research-knowledge

The Draft Electronic Delivery of Services Bill, 2011 – Comments by CIS

praskrishna — 2011-08-02T07:37:37Z

The Draft Electronic Delivery of Services Bill, 2011 (“Bill”) is a Bill to provide for delivery of government services manadatorily through electronic means by phasing out manual delivery of services. It is heartening to note that the Bill shifts the approach to electronic delivery of services by Government agencies to one as part of the citizens' right to service delivery through electronic means rather than a luxury or benefit doled out by the Government. The Bill introduces bodies exclusively accountable for ensuring that electronic delivery of services by the Government at the state and central levels. While this is a welcome move on the part of the Government there are a few comments we, at the Centre for Internet and Society, have on the present version of the Bill:

Accessibility
The Bill does not make it mandatory for all Government services to be accessible to all including persons with disabilities. The Bill refers to the term “access”, as defined in Section 2(1)(a) from the prespective of merely gaining physical access to the services or availability of such services1 rather than from the perspective of catering to the ability of a person with print (or other) disbilities from gaining access to the services in the normal format. It is very important that the electronic services are delivered in a format which is accessible to all persons including persons with disbilities, elderly persons etc. It should be mandatory for the Government to comply with Web Content Accessibility Guidelines (WCAG) and National Informatics Centre (NIC) guidelines for web accessibility. It is also important to ensure accessibility of all documents produced during service delivery by Government agencies.
Linguistic Accessibility
Section 5(2)(b) of the Bill requires the Government to prescribe a framework for all its agencies to ensure web presence or enablement which refers to rendering electronic services in the language chosen by the user. In pursuance of the same, it is important for delivery of services to be available in all national languages of India to begin with in addition to the content being encoded in Unicode font for all languages. It is important to note that there are not many open fonts available for Indian languages. Hence, it must be ensured that the Government allocates sufficient funds to ensure linguistic accessbility of the services delivered, while ensuring implementation of the provisions of the Bill.
Public Scrutiny
In order to ensure transparency of Government services and process of service delivery, it is essential that the Bill incorporates a provision to enable citizens to gain access to information provided by the Government as part of the service delivery process unless disclosing such information would amount to violation of any applicable law. Similarly, provision should be made for making public all RTI applications filed with the Government and responses to them.
Use of Free and Open Source Software
Considering that electronic service delivery by Government agencies is effected through public money, it is important that Governments are urged to use Free and Open Source Software (FOSS) for service delivery. This cuts costs to a great extent and also make the process more transparent and capable of customisation to varied needs of different departments. It is important to insert a provision requiring the Government to use FOSS as far as possible and in the event of any use of proprietary software, the Government should clearly explain the reason for such use, the costs incurred for the same, the additional benefit derived out of its use and other relevant details.
Open Standards
The Bill must stress on use of open standards for all computer resources and service delivery systems by Government agencies. As is the case with FOSS, such use brings down operation costs drastically and makes the service delivery process transparent and available for all to use. Use of ODF formats for documents, HTML for websites, ISA standards for hardware is recommended. It is also useful to ensure compliance with W3C guidelines by the concerned Government departments during implementation of the Bill.
Whistleblower Exception
The Bill does not contain any safeguards to ensure free and fearless disclosure of any wilful violation of the law impacting larger public interest. It is important to include a provision protecting any person exposing any violation of the provisions of the Bill or blowing the cover off any scam or farudulent activity decieving the public committed by service providers under the Bill. Such protection can be given by ensuring that the actions of such whistleblower, to the extent required for the exposure, does not constitute an offence under the provisions of the Bill.
Penalties for Offences
- Chapter 4 of the Bill gives a detailed list of acts constituting an offence under the Act including Section 15 which specifically relates to offences by companies. It is critical to ensure that the punishment and penalities for offences extend not only to citizens and companies but also to Government officials who misuse information they are privy to under the provisions of the Bill. In fact, a separate provision specifically applicable to the various offences which could be committed by Government officials under the Bill can reduce misuse of its provisions by the Government.
- It is to be noted that several provisions listed under Chapter 4 of the Bill covering offences and penalties are a reproduction of the provisions for the same under the Information Technology Act, 2000 (“IT Act”). Such reprodution is unnecessary and acts which are already deemed to be offences and have punishments prescribed for them under the IT Act (or any other legislation for the time being in force in India) need not be covered again in the Bill. This will avoid duplication and confusion in the legislations.
- Section 19(1) of the Bill provides that no alleged offence under the Bill can be tried in a court of law unless the Central Electronic Delivery of Services Commissioner (“Central Commissioner”) or the State Electronic Delivery of Services Commissioner (“State Commissioner”) authorises the same by issuing a complaint in this regard to the relevant court. This provision directly conflicts with a citizen's constitutional right to seek legal redress since it takes away his freedom to approach a court of law for redressal of his grievance without the permission of the Commissioners. It is recommended that the provision be either deleted or suitably modify so that it is not in violation of this constitutional right.
Bottoms up Approach
A decentralised approach should be adopted along the lines of the Panchayati Raj system giving the citizen a greater say in the framework and implementation of service delivery by Government agencies. Implementation can be at the Panchayat and District levels apart from State levels. Citizens must be able to access and update their information. Furthermore, they should be able to define to a certain extent, access control to their information. This will automatically make them eligible or ineligible for various government services.
Charges for service delivery
Section 4 of the Bill authorises the Government to allow service providers to collect charges for electronic service delivery while Section 3(2) provides for the Government to regulate the manner and method of payment of such charges. It is critical to ensure that such charges levied under the provisions of the Bill do not exceed the charges levied by the Government agency for manual delivery of services. Charges for manual service delivery may include charges for photocopy, printing, paper, postage etc., all of which are totally eliminated during service delivery through electronic means. Thus, levying the same charges, let alone greater charges for electronic service delivery is totally unnecessary and places an additional burden on the citizen ultimately defeating the very purpose of the Bill.
Security in payment of charges
Section 3(2) of the Bill provides for the Government to regulate the manner and method of payment of charges for delivery of services.It is important that each transaction that takes place is done securely and without the exposure of an individuals confidential details. There are many ways to structure the transaction of payment of fees to achieve this goal. We reccommend that the SCOSTA smart card structure is used for completing and processing a transaction.
Data Security and Privacy
Section 5(1)(e) of the Bill requires the Government to ensure integrity, security and confidentiality of data collected, preserved and retained. We recommend that in addition to this, the Government also ensures integrity, security and confidentiality of data or information that is transferred, accessed or deleted. We also recommend that the Bill requires the Government to prescribe a framework under Section 5(2) for agency privacy policies to ensure that they are interoperable and consistent between different departments of the Government.
Functions of the Central Commissioner
Section 8 of the Bill grants the Central Commissioner the power to perform any or all of the functions listed in the provision including Section 8(f) which refers to the power of the State Commissioner in conducting the work of the State Government agencies. A Central Government authority may not have a say in all matters under the purview of the State Governments. This aspect has been left out for consideration while drafting this provision and hence it needs to be relooked at.
Cut-off Date for Implementation
While the Bill mandates a cut off period of 180 days for the Government to finalise on the scope, framework and manner of service delivery under its provisions, it states that the Government “may” prescribe a framework for implementation of the provisions. It is recommended, for the purpose of ensuring speedy implementation of the provisions, that the term “may” in Section 5(2) be replaced by “shall”.
Transparency of Government Agencies
Transparency and accountability of the Government towards the citizen is as important as the transparency of the citizen towards the Government. Therefore, the provisions of the Bill must ensure that the Government activities are transparent to the citizens by making available to the citizens, details of the responsible officials under the Bill, manner of service delivery and other relevant information in this regard.

For more details visit https://cis-india.org/internet-governance/blog/draft-electronic-delivery-services

India's untapped potential: Are a billion people losing out because of spectrum?

Shyam Ponappa — 2012-12-14T10:31:43Z

As one of the world’s fastest growing economies and with over 65% of its billion-plus population under 35, India has huge potential. But according to Shyam Ponappa of the Centre for Internet & Society, its spectrum management – the electromagnetic waves that are used from home appliances like microwaves and remote controls, to radios, cell phones, and of course, the internet – could be a huge barrier to the country’s economic and social development.

Until the global economic downturn that began about two years ago, the economic model for spectrum distribution in India and many developing countries was based on the free market. But Ponappa demonstrates in a new report for APC that spectrum is worth treating as a public utility the way we do roads, electricity and other basic infrastructure, which would allow for people in rural areas to access spectrum-dependant services like mobile phones and wifi and increase quality of services for all.

Currently in India, as in most other countries, spectrum is being treated as a property, where “chunks” of spectrum are sold to the mobile phone and telecommunications operators with the highest bid. Commonly there are 3 – 4 operators in a developed country; however, in India there are up to sixteen. The extreme competition has resulted in the Indian bidders paying outrageous fees that they are never able to recuperate. So while the government makes a profit on the sale, this profit comes at a societal cost.

Ponappa proposes pooling spectrum and to have a set of network providers, who in turn serve operators for retail users. This effectively opens up the spectrum and could make costs ten or fifteen times cheaper than they are now.

“It is appropriate to push the concept of open spectrum in developed markets who underwent their development phase some 60 – 100 years ago and put in place basic infrastructure systems. But in countries like India and the Asian sub-continent, it does not make sense to do this because we are not at the same stage of economic development,” Ponappa told APCNews.

“When markets are well structured and organised,” he continues, “[government control] can be less effective and efficient for society as a whole, compared with open competition. However developing economies don’t have the integrated systems in place that advanced economies do. India does not have an adequately developed network of copper, optical fibre or microwaves covering most of its population. And we are at a stage of development at which infrastructure is a fundamental determinant of productivity, as well as of a reasonable quality of life.”

Ponappa argues that in India’s case it would be advisable for governments to work with other stakeholders – corporations, state-owned agencies, and civil society – on a collaborative solution. “It would be much more conducive to a sound economy to have either the government step in and open up the commercial spectrum, or to have two to three main operators (possibly subsidised, but not necessarily) as we do with the provision of utilities,” he says. Yet, the free market mentality continues to reign, and a surfeit of operators is trying to make a profit in the telecommunications wireless sector.

Everybody wants a piece of the pie

In India, every operator is assigned a sliver of spectrum for their exclusive use and the rest is assigned to the government, the public sector and defence.

The result is high-cost infrastructure for operators (setting up networks with multiple sets of more advanced equipment because of the limited spectrum, with the capital constraints resulting in less extensive networks in rural areas) as well as for users (who have to pay for all this equipment).

“Too many operators make for increased capital costs for each operator, and cumulatively for all operators,” Ponappa explains.

And these higher costs are increasingly difficult to recover from consumer-generated revenue, as India undergoes huge price wars. Many operators may eventually go bankrupt. While no consumers ever complain about low costs –and India has some of the world’s lowest mobile rates– they will complain about poor quality and unreliable service. Consequently, consumers may not have to pay much to use mobile services, but they may not always be able to make or receive calls when they need to, and do not have access to broadband.

While most countries have moved on to 3G networks (which has more capacity for a given spectrum band than 2G, meaning better call quality) as many as four of India’s sixteen operators have not even developed their 2G networks. Making the switch to 3G seems like a good idea, but there are substantial costs associated with deploying these more advanced techniques to both operators (for network upgrades) and for end users (in terms of new handsets).

Too much competition in this case has made operators inefficient.

Spectrum as a national common good

If spectrum were treated as if it were a public utility, posits Ponappa, each operator would have access to a bigger chunk of spectrum, and the traffic-handling capacity of each would increase at a lower cost.

“With the current model the capacity of networks is suffering because networks cannot afford to expand or make technical improvements without economic losses. Other infrastructure services such as electricity and water supply are managed by utility companies, which are typically monopolies for a product-segment, or duopolies for purposes of competition. So why not treat spectrum the same way?” suggests Ponappa.

Ponappa suggests treating networks, and spectrum as a part of networks, as we would an oil pipeline, where everyone accesses the same one, and pays a fee for its use.

This would bring more people onto the network and increase revenues, since operating costs would be shared. The more revenue it can generate, the more efficient operators will be, using the same high-capacity circuits. The more revenue the main operators have, the more they could invest in up-to-date technology to extend their networks and provide a better service to clients. The better the technology, the more people could access the internet and other now vital sources of information, as well as focus on broadband and infrastructure to the country’s isolated rural areas, which today have rudimentary communications infrastructure.

India’s rural populations, the lost resource

As a predominantly rural country, lack of basic IT infrastructure means that the largest segment of India’s population has no access to information and communications technologies.

Ponappa grew up on a farm in a rural area some 200 km from Bangalore where even fixed line phone networks were unreliable. “We have multiple telephone lines because we never know which one will work,” he says.

Given India’s massive rural population, this means that there are hundreds of millions of people that are unable to access the internet. Services like quality distance education are not even an option if basic infrastructure such as fixed telephone lines is not in place and the country itself is losing out on the incalculable potential of this untapped human resource.

Download the report here [pdf - 280 kb]

See the report in the APC website

This article was written as part of the APC’s project work on Spectrum for development, an initiative that aims to provide an understanding of spectrum regulation by examining the situation in Africa, Asia and Latin America.

Photo by kiwanja. Used with permission under Creative Content licensing.

For more details visit https://cis-india.org/telecom/blog/untapped-potential

Second Expert Meeting on Human Rights and the Internet

praskrishna — 2011-06-08T10:01:55Z

The second expert meeting on human rights and the Internet is being organised by the Swedish Ministry for Foreign Affairs and the UN Special Rapporteur on Freedom of Opinion and Expression on 30 and 31 March 2011 in Stockholm (Sweden). Anja Kovacs will participate in this meeting.

List of Participants (draft)

Alison LeClaire Christie alison.leclairechristie@international.gc.ca	Minister-Counsellor and Deputy Permanent Representative, Canadian mission to UN in Geneva
Anabella Rivera libert.expresion@gmail.com	Executive Director, DEMOS, Guatemala
Anja Kovacs anja@cis-india.org	Fellow, The Centre for Internet and Society, Bangalore
Anna Nawrot anna.nawrot@rwi.lu.se	Researcher, Raoul Wallenberg Institute of Human Rights, Lund, Sweden
Annie Game agame@cjfe.org	Executive Director, CJFE-IFEX
Anriette Esterhuysen anriette@apc.org	Executive Director, Association for Progressive Communications, South Africa
Arthit Suriyawongkul arthit@gmail.com	Thai Neitzen Network, Centre for Popular Media Reform
Brett Solomon brett@accessnow.org	Executive Director, Access Now
Charlotta Bredberg charlotta.bredberg@sida.se	Thematic Coordinator for Democracy, Human Rights, Peace and Security, Global Programme Unit, Department for Global Cooperation, Sida
Cynthia Wong cynthia@cdt.org	Director, Project on Global Internet Freedom, Center for Democracy and Technology, Washington DC
Daniel Westman Daniel.Westman@juridicum.su.se	Researcher and Teacher, Faculty of Law, Stockholm University
Danny Aerts danny.aerts@iis.se	CEO, The Internet Infrastructure Foundation (.SE)
David Mothander davidmothander@google.com	Nordic Policy Counsel, Google, Stockholm
Dunja Mijatovic pm-fom@osce.org	OSCE Representative on Freedom of the Media
Eduardo Bertoni eberto2@palermo.edu	Director, Center for Studies on Freedom of Expression and Access to Information, Palermo University School of Law, Argentina
Eric King eric@privacy.org	Human Rights and Technology Advisor, Privacy International
Grace Githaiga ggithaiga@hotmail.com	Kenya ICT Action Network (KICTANET)
Guy Berger G.Berger@ru.ac.za	Professor, School of Journalism & Media Studies, Rhodes University, South Africa
Helena Bjuremalm helena.bjuremalm@sida.se	Senior Policy Specialist, Democracy Assistance, Sida
Hossam Bahgat Hossam@eipr.org	Executive Director, Egyptian Initiative for Personal Rights, Cairo
Jan Kleijssen jan.kleijssen@coe.int	Director, Directorate General of Human Rights and Legal Affairs, Council of Europe
Jean-Luc Delvert Jean-luc.DELVERT@diplomatie.gouv.fr	Counsellor, Human Rights Division, Ministry for Foreign Affairs, France
Jean-Pierre Kempeneers, jem.kempeneers@minbuza.nl	Head of the Human Rights Division, Ministry of Foreign Affairs, The Netherlands
Jermyn P Brooks jermynbrooks@aol.com	Chair, Global Network Initiative
Joana Varon joana@varonferraz.com	Researcher, Centre for Technology and Society, Rio De Janeiro
Joe McNamee joe@mcnamee.eu	EU Advocacy Coordinator, European Digital Rights Initiative
Joy Liddicoat joy@liddicoatlaw.co.nz	Project Coordinator, Internet Rights are Human Rights, APC, South Africa
Kurt Erik Lindqvist kurtis@netnod.se	CEO, NETNOD, Stockholm
Lee Hibbard Lee.HIBBARD@coe.int	Coordinator for Internet Governance and Information Society, Council of Europe
Lisa Horner LisaH@global-partners.co.uk	Head of Research & Policy, Global Dialogue, London
Lise Bergh lise.bergh@amnesty.se	Director, Amnesty International, Swedish Section
Louise Bermsjö louise.bermsjo@sida.se	Programme Manager for Democracy and Human Rights, Global Programme Unit, Department for Global Cooperation, Sida
Lucille Morillon internet@rsf.org	Head, Bureau of New Media, Reporters sans frontières
Maciej TOMASZEWSKI maciej.tomaszewski@ec.europa.eu	European Commission DG INFSO, Unit A3 Internet; Network & Information Security
Maria Häll maria.hall@enterprise.ministry.se	Deputy Director, Division for Information Technology Policy, Ministry of Enterprise, Energy and Communications, Sweden
Mats Ringborg mats.ringborg@foreign.ministry.se	Ambassador of Sweden to OECD and UNESCO
Matthew Barzun BarzunMW@state.gov	US Ambassador to Sweden
Michael Camilleri MCamilleri@oas.org	Attorney, office of the Special Rapporteur for Freedom of Expression, OAS
Nicklas Lundblad nlundblad@google.com	Senior Policy Counsel, Public Policy and Government Affairs, Google
Nicole Gregory nicole.gregory@fco.gov.uk	Head of Human Rights Section, Human Rights and Democracy Department, Foreign and Commonwealth Office, UK
Orest Nowosad onowosad@ohchr.org	Director, Special Procedures of the Office of the UN High Commissioner for Human Rights
Patrik Fältström patrik@frobbit.se	Distinguished Consulting Engineer, Cisco
Patrik Hiselius Patrik.Hiselius@teliasonera.com	Senior Advisor, Public Affairs, Group Communications, Telia Sonera
Paula Uimonen paula@spidercenter.org	Director, The Swedish Program for ICT in Developing Regions, Stockholm
Richard Allan, ric@fb.com	Director of Policy in Europe, Facebook
Richard Esguerra gwen@eff.org	Senior Activist, Global Internet Freedom Policy, Electronic Frontier Foundation
Robert Guerra guerra@freedomhouse.org	Project Director, Internet Freedom, Freedom House
Robert Hårdh Robert.Hardh@civilrightsdefenders.org	Executive Director, Civil Rights Defenders, Stockholm
Sally Elkhodary sally.khodary@anhri.net	Programs Director, The Arabic Network for Human Rights Information, Cairo
Sarah Labowitz LabowitzSB@state.gov	Office of the Coordinator for Cyber Issues, US State Dept
Staffan Jonson staffan.jonson@iis.se	Policy Adviser, The Internet Infrastructure Foundation (.SE)
Sylvie Coudray s.coudray@unesco.org	Division for Freedom of Expression, Democracy and Peace, UNESCO
Thomas Hajnoczi, Thomas.HAJNOCZI@bmeia.gv.at	Ambassador, Permanent Representative of Austria to Council of Europe
Toby Mendel toby@law-democracy.org	Executive Director, Centre for Law and Democracy
Vilhelm Konnander vilhelm.konnander@gmail.com	Global Voices
Wolfgang Benedek wolfgang.benedek@uni-graz.at	Professor, Faculty of Law, Graz University, Austria
Yaman Akdeniz yaman.akdeniz@bilgi.edu.tr Ženet Mujić zenet.mujic@osce.org	Associate Professor of Law, Faculty of Law, Istanbul Bilgi University Senior Adviser, office of the OSCE Representative on Freedom of the Media

Organisers

Frank la Rue Co-Chair of the meeting libert.expresion@gmail.com	UN Special Rapporteur on Freedom of Opinion and Expression
Olof Ehrenkrona Co-Chair of the meeting olof.ehrenkrona@foreign.ministry.se	Ambassador, Political Adviser to Foreign Minister Carl Bildt, MFA, Sweden
Per Sjögren per.sjogren@foreign.ministry.se	Head, Dept of International Law, Human Rights and Treaty Law, MFA, Sweden
Hans Dahlgren hans.dahlgren@foreign.ministry.se	Ambassador for Human Rights, MFA, Sweden
Måns Molander mans.molander@foreign.ministry.se	Head of Human Rights Section, MFA, Sweden
Johan Hallenborg johan.hallenborg@foreign.ministry.se	Special Adviser, HR Section, MFA, Sweden
Maria Koliopanou maria.koliopanou@foreign.ministry.se	Assistant, HR Section, MFA, Sweden
Karin Keil Pettersson karin.keil-pettersson@foreign.ministry.se	Assistant, HR Section, MFA, Sweden
Pauline Etemad pauline.etemad@foreign.ministry.se	Intern, HR Section, MFA Sweden
Rolf Ring rolf.ring@rwi.lu.se	Deputy Director, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund, Sweden
Gordana Jankovic Gordana.Jankovic@osf-eu.org	Director, Open Society Foundation Media Program
Vera Franz vfranz@osf-eu.org	Senior Program Manager, Information Program, Open Society Foundations
Stewart Chisholm Stewart.Chisholm@osf-eu.org	Senior Manager for Freedom of Expression, Open Society Media Program

For more details visit https://cis-india.org/notices/second-expert-meeting

India Should Watch Its Internet Watchmen

praskrishna — 2011-05-06T05:08:05Z

The month after terrorists attacked Mumbai in 2008, India's government initiated legislation enabling it to eavesdrop on electronic communication and block websites on grounds of national security. There was no public debate before the bill in question was introduced, and hardly any debate inside parliament itself before it passed in 2009. In the law, there were no guidelines about the extent to which an individual's right to privacy would be breached. And there was certainly no mention, and therefore, reassurance, that due process would be followed when it came to restricting access to websites. This article by Rahul Bhatia was published in the Wall Street Journal on March 28, 2011.

It's taken about two years for the first signs of misuse to show up. And there may be many more, as the government uses vague discretion instead of firm rules to police India's Internet. Various groups can exploit these discretionary powers to their own ends.

Earlier this month, the Indian Computer Emergency Response Team (CERT-In), the body appointed by the government to protect India's information infrastructure, blocked a text-message provider that sends out advertisements in bulk over mobile phone. It also blocked Typepad.com, a publishing platform used frequently by bloggers. Both restrictions have now been lifted.

Most contentiously, a Delhi court ordered CERT-In to block access to Zone-H.org, an Italian security giant that acts as a repository of hacked websites—that is, it collects screen grabs of sites that are infiltrated, which later proves valuable for studying the cyber crime in question. A representative of this website accused an Indian cyber security firm, E2 Labs, of using Zone-H's logo and images to promote its own cyber security school courses. E2 Labs dragged Zone-H to court in 2009 and, on grounds of defamation, had Zone-H's website blocked. What muddies the waters is that E2 Labs claims to work for the government.

Nobody knows what threat, if any, these websites posed to national security. Users who tried accessing them simply received a one-line message from their service providers that the sites had been blocked due to "instructions from the Department of Telecom." That message later disappeared, replaced by the standard error message: "Page Not Found."

Many bloggers immediately started comparing this case to the situation they found themselves in 2006, when the government banned Blogspot.com right after Mumbai's suburban train system was hit by bomb blasts. The Department of Telecom then did not offer an official reason, leaving people guessing that this was some kind of response to that terrorist attack.

That's happening again. The guidelines under which CERT-In operates say that all information related to website blocking is classified. Moreover, its mandate does not include communicating with the public. Which is why everyone is in the dark. Nobody even knows how widespread the blockade is. There's no hint of the process involved. There's no course for redress for those who own the affected sites.

Inquiries from journalists about the Department of Telecom's method of functioning have gone unanswered. When cornered by the press this month, India's Information Technology minister Kapil Sibal, who oversees this department, passed responsibility to the ministry of home affairs, which manages the nation's internal security.

Perhaps there are legitimate reasons for blocking these websites. India has faced its share of terrorist attacks that have, in the last decade, begun to affect the country's urban centers. Terrorists have gotten more sophisticated. The 2008 Mumbai assault especially put pressure on security personnel to be electronically vigilant, because the terrorists used satellite phones and internet technology to communicate. Since then, the government has ramped up its scrutiny of the Internet, including getting into a high-profile dispute last year with Blackberry-maker Research in Motion. Blogs are fair game, too, seeing as how terrorist groups have been known to use them for recruiting and communication. But if there are good reasons this time for blocking the sites in question, they're unknown and unexplained.

That lack of explanation is cause for alarm. First, there's the impact on businesses. Intermediary guidelines proposed by the Department of Information Technology put the onus on service providers to remove any material that, in addition to endangering national security, "causes inconvenience or annoyance," is "grossly offensive or menacing in nature," or "belongs to another person." These open-ended guidelines mean service providers have to spend a good chunk of their time dealing with government officials to determine, say, what is offensive.

The larger impact is on the rule of law. The clumsiness with which New Delhi has blocked these sites undermines any legitimacy the laws have. Lawyers I've spoken with already say that the guidelines, which are open to wide interpretation, violate the country's constitution.

This legal debacle has implications beyond any immediate security concerns. Despite being a democracy with a vigorous free press, India can't afford to take freedom of speech for granted. The concern here is that a statute intended to protect the country from terrorism may also give new legal cover to people trying to restrict speech for other reasons.

Already, thanks in part to the lack of political support for free speech, varied groups hijack cracks or loopholes in the legal framework to their populist ends. For instance, a colonial-era law against religious insults was used in 2007 to appease Hindu nationalists who wanted the government to punish Muslim painter M.F. Hussain for depicting "Mother India" in the nude. That case suggests that the new ill-considered and badly implemented rules for online policing could be exploited by political or business interests.

India undoubtedly faces a serious terrorism problem. But New Delhi needs to defend itself through laws that don't end up impinging on free speech in damaging, undemocratic ways.

Mr. Bhatia is a writer with Open Magazine in Mumbai.

Read the original story here

For more details visit https://cis-india.org/news/internet-watchmen

Policy for Government's Presence in Social Media - Recommendations

krithika — 2011-08-02T07:37:29Z

In pursuance of the Office Memorandum issued by the DIT dated March 4, 2011, the e-Governance Group of the DIT, convened on March 23, 2011, the first meeting of an exclusive group to propose guidelines for government presence on social networking and social media sites. The Centre for Internet and Society being one of the invitees to the meeting, has submitted its recommendations for a Policy for the Government's presence in social networking and social media sites.

1. Data Retention

The Government's communication to citizens via social media should follow the same data retention policy as its communication through other electronic and non-electronic channels.

Data portability compliance varies from one social media platform to another. Hence, privileged access may be mandated by the Government along the same lines “take down notices” and “information requests” currently being sent to social media and other platforms for intellectual property rights infringement and other offences.

2. Privacy

Yochai Benkler has famously stated that privacy is the protection of the weak from scrutiny by the powerful while transparency is the exposure of the powerful to scrutiny by the weak.¹

It is critical that social media policy for the Government is compliant with existing law governing data protection and privacy.² As Benkler said, privacy protection should be a function of power – ordinary citizens should be afforded greater protection than Government personnel. Each department of the Government may be recommended to publish their own set of additional protections to safeguard privacy of citizens while maintaining highest levels of transparency of Government bodies.

3. Certifying Official Accounts

Some social media platforms have the ability to certify or validate an official account. Such validation must be made mandatory for all Government presence across various social media platforms. The mere existence of official Government social media accounts does not mean that the Government officers cannot use their own personal unofficial social media accounts. However, there must be a very clear and discernable distinction between a Government officer's personal (individual) social media presence and the official social media presence of a Government department or Ministry.

While individual officers are encouraged to set up their own personal social media presences, the official accounts must be in the format: Ministry/Department (Acronym) along with Designation (Acronym) of the official, so that the fans/followers/friends accumulated during the tenure of a particular official can be handed over to the next person who takes the same office. In order that this process of handing over is smooth and uniform across various Government departments, it is recommended that the protocol for handing over of social media presences be clearly laid down and communicated to all the Government departments.

4. Social Media Integration with Government Portals

Social media must be integrated with the official websites. Ideally, the websites should use Free and Open Source Software (FOSS) content management system with full compliance with web accessibility guidelines such as W3C's Web Content Accessibility Guidelines (WCAG) so that the RSS feeds of newly added content can be broadcast via multiple social media presences. Therefore, social media is seen as an additional benefit accruing from already existing efforts and investments of the Governments in electronic publishing.

In fact, it would be greatly beneficial for citizens if a constitutent relationship management software with tracking number is used for all social media and email communication by the Government. This will bring about a higher level of transparency and accountability on part of the Government.

5. Security

Social media presences will be the target of malicious elements online. Government social media presences are, in fact, at a greater risk of being subject to such attacks. Therefore, Government security standards must be adhered to including change of passwords regularly for Government social media accounts.

6. Mass Outreach

In order to neutralise the pro-elite bias of social media, a special outreach to non-elites via mobile phones must be an integral part of the Government's social media strategy. Digitally enabled middle class activism can undermine true participatory democracy and this must be resisted.

7. Rude Accountability

Occasionally, citizens may resort to the use of inflammatory language and tone with Government authorities to claim public services and to sanction service failures. Such communications referred to as 'rude accountability' accompanied by trolling are common phenomena which the Government can expect around its social media presences. It is recommended that these incidents be ignored at the first instances instead of penalising them. The Department of Information Technology (DIT) should prescribe protocol for escalation in case of systemic trollers. It is to be noted that the lower threshold for freedom of speech as prescribed by the Information Technology Act and Information Technology Rules should not serve as the yardstick on Government social media presences for characterising citizens' behaviour as offences. It is important that the Government allows a greater space for citizens to communicate with the Government and exercise their freedom of expression.

8. Managing Expectations

Each Government Ministry/Department/Official should publicly manage expectations for their social media presences in the form of an explicit, published “social media” policy in which expectations surrounding integral aspects of communication with the public such as public comments, speed of response and procedure for escalation are clearly documented. This will ensure that citizens have fewer undue expectations from the social media presence of a particular Government authority.

9. Brevity of Communications

Social media particularly, micro blogging and SMS is based on brevity of communications. Therefore, when a social media presence is branded or named, it must be ensured that the name takes up least number of characters so that it enables viral propagation.

In order to standardise on the spellings employed for SMS slang common in micro blogging and SMSes, it is recommended that Government officials use modern clients with in-built support for such functionality to avoid being embarrassed online.

10. Official Logo

The official logo of the Government Ministry/Department should be an integral part of Government social media presences. The logo may also be published where applicable so that it could be the Public key. A link to the official website should be employed wherever appropriate in order to establish credibility of the social media presence.

11. Proactive Information Disclosure

Social media should be used as a means to uphold RTI obligations for proactive information disclosure and to drive traffic to the website which should ideally be an archive of such comprehensive proactive disclosures.

12. Alternative Open Platforms

Wherever free and open/ non-proprietary/ community-owned social media infrastructure exists, the Government will be obliged to use the alternative social media platform in addition to mainstream platforms. For instance, for every Government authority's presence on Twitter, the Government is obliged to ensure that such authority also has a presence on status.net.

13. Uniformity of Communication

Social media can only be used by the Government to communicate existing Government information and propagate official policy terms to the public. Great care must be taken to avoid propagation of unverified facts and frivolous misleading rumours which tend to circulate often through miscreants on social media platforms. It is recommended that any information published by the Government on a social media platform should be published only when such information can also be published through other existing Government channels.

If the Government has to be a good neighbour in social media, it should also contribute to viral dissemination of relevant public information by way of re-tweeting, commenting and liking. Considering that the Government might lend its credibility to dubious causes through such endorsement, a protocol should be in place as part of social media policy for the Government to ensure that baseless and dubious claims are not vouched for by the Government.

1See Yochai Benkler, “A Free Irresponsible Press: Wikileaks and the Battle over the Soul of the Networked Fourth Estate” (2011), forthcoming Harvard Civil Rights – Civil Liberties Law Review available at http://bit.ly/e84QhK.

2Existing laws covering data protection and privacy would include the Information Technology Act, the Information Technology Rules, The Telegraph Act and the Constitution of India.

For more details visit https://cis-india.org/internet-governance/blog/policy-for-governments-presence-in-social-media-recommendations

Seminar on Open Access for Scientific Information

praskrishna — 2011-06-09T12:41:22Z

Open-access provides free online access to quality scholarly material that can be defined as “open domain,” meaning publicly supported research information, and “open access,” so that it is copyrighted to be freely available scholarly material. Open-access publishing enables researchers in developing countries to establish priority for their research, which they could use later to defend their intellectual property. It removes excess barriers in terms of both price and permission, enhances national research capacity, and improves visibility for developing-country research. Open access thus enables a global platform for this research and collaboration and reciprocates the information flow from South to North among all countries.

In India, there is a large opportunity for open-access publishing. There are many non-commercial research and development institutions, both academic and research laboratories. For example, there are approximately 300 universities that offer both graduate and research programs. There are also many R&D laboratories operating within government science agencies, which cover domains like industrial research, defense research, agricultural research, medicine, ecology, environment, information technology, space, energy, and ocean development.

Many of these institutions, and also several professional societies, publish science journals. Tools like the Open Journal Systems could help many of these journals to come online in an open-access environment. Open Access is relevant to India because most research is funded from public money, institutional framework and information infrastructure, trained manpower and financial resources are adequately available. It widens distribution of information and knowledge and lowers the cost of reaching a fairly wide audience while maximising return on public money. The OA movement is being supported by research funding agencies, academic institutions, researchers and scientists, teachers, students, and members of the general public.

Open access publishing can foster the exchange of research results amongst scientists from different disciplines, thus facilitating interdisciplinary research, whilst providing access to research results to researchers world-wide, including from developing countries, as well as to an interested general public.

Access to and sharing of information, including scientific information, goes through dramatic changes because of rapidly emerging new communication and information technologies (ICTs) and the societal transformations that they generate. But what are the long-term strategies to efficiently harness the open access potential for developing new approaches to knowledge acquisition and sharing? What needs to be done to effectively integrate these strategies into forward looking and sustainable policy making? How can we harness the potential of open access to develop knowledge societies that are people-centred, inclusive and development oriented? What are the global environmental trends that will influence open access in the next few years? What are the main needs of the open access stakeholders in India and South Asia ? Which are the publishing models for open-access journals and what does it imply to finance and sustain open access journals in developing countries; how to overcome language and other barriers ?

These issues are of strategic relevance to UNESCO as they address key challenges linked to building knowledge societies, one of the overarching objectives of the Medium Term Strategy 2008-2013.

UNESCO, jointly with the Centre for Internet Society is well placed to mobilize interested stakeholders to develop efficient implementation strategies in the area of acquision and sharing of scientific information and to integrate them into forward looking and sustainable policies.

UNESCO believes that open access is an enriching part of the scholarly communication process that can and should co-exist with other forms of communication and publication, such as society-based publishing and conferencing activities. Open access publications are also more easily included and searchable in search engines and indexing databases.

In order to initiate a sub-regional dialogue on democratizing access to scientific and health-related information, on the economics of scientific publishing and the implications of the various open-access models and the copyright and intellectual property issues, UNESCO convenes a one day seminar on 16 March 2011 in New Delhi. The concept of « open access » and the inter-relationships between academic institutions, researchers, scientists and publishers will be examined, as well as the challenges and barriers which OA is currently facing in this part of the world.

Overall objectives

Strengthen awareness of UNESCO’s stakeholders on the potential of open access in scientific knowledge sharing that are dramatically accelerated by ICTs;
Provide analysis for anticipating foreseeable trends end emerging challenges in order to enable Indian and South Asian stakeholders to develop strategies and policies to take them up;
Develop a partnership and collaboration among interested stakeholdesr in order to improve access to and sharing of scientific information and research through open access

Expected results

The discussion of the Open Access Seminar is expected to achieve the following results:

UNESCO’s stakeholders enabled to understand trends and emerging challenges related to the impact of open access on scientific information acquisition and sharing;
Possible developments prospected in the area of scientific information sharing in the coming 5 years;
Specific technology generated trends, and their consequences for development in scientific information and research sharing
Highlight the collaborative and collective efforts and actions behind the Open Access movement
Discussions of best practices of Open Access Initiatives

Who should attend:

Science editors
Policy makers
Information professionals
Researchers
Open Access movement activists
Academics and all those interested in electronic publishing.

Terms of Reference:

1) Initiatives within the open access movement (with focus on what all of this means for developing countries):

discussion on the pros and cons of open access
different models used and paths to achieving open access to the health literature
research reports and open access
democratizing access to scientific and health-related information
economics of scientific publishing and implications of the various open-access models
copyright and intellectual property

2) Open Access and the journals from developing countries

what does it means to bring journals online
publishing models for open-access journals
financing and sustaining open access journals in developing countries
costs associated with open access in developing countries
language barriers and translation
training information specialists and users on searching and accessing health literature

This event is co-organised by UNESCO and the Centre for Internet and Society, Bangalore

Download the agenda here

For more details visit https://cis-india.org/events/open-access

Battle for the Internet

praskrishna — 2011-04-01T15:28:19Z

In this article written by Latha Jishnu and published by Down to Earth, Issue: March 15 2011, the author reports about the events in the United States in the post WikiLeaks scenario.

As the Internet becomes the public square and the marketplace of our world, it is increasingly becoming a contested terrain. Its potential for diffusing knowledge and subverting the traditional channels of information is tremendous. So it is not surprising that governments, corporations and even seemingly innocuous social networking sites all want to control and influence the way the Internet operates. It’s easy to see why. Close to a third of humanity is linked to this system—and the dramatic growth in Internet usage over the past decade is set to explode in coming years. So is its commercial promise. Latha Jishnu looks at events in the US following the WikiLeaks exposé of its diplomatic cables, and in the hot spots of political turmoil across the world to understand the significance of the Internet in today’s interconnected world and the threats it faces. Arnab Pratim Dutta explains the technology used to block access to the Net.

An opposition supporter holds up a laptop showing images of celebrations in Cairo's Tahrir Square, after Egypt's President Hosni Mubarak resigned (Photo: Reuters)

Ideas and ideologies, images and reports of events, both minor and cataclysmic, fly on the Internet, swirling through cyberspace, gathering resonance, metamorphosing and touching millions of lives in different ways. Many of the ideas—and visuals—could be banal (as they very often are), some dangerous, others bringing promise of change. Some have the power to subvert, helping to stir and stoke the smouldering embers of political and social unrest as recent uprisings in north Africa, West Asia and Asia have shown. To many, the Internet is the rebel hero of our times, subverting conventional media and leaking news and information that governments would like to censor. Even a village in the remote reaches of Odisha’s Malkangiri district which may have no electricity is in some way linked to cyberspace through smart cell phones because mobile operators are increasingly turning Internet service providers (ISPs) and bringing the worldwide web to the conflict-ridden forests of central India.

It is about the power and reach of connection, unprecedented since people first began communicating with each other. The Internet, therefore, is turning into a conflict zone with everyone seeking control of it: governments, corporations and social networking sites, all of whom have different agendas. Social networks may seem innocuous but they are as much a hazard as the others to Internet freedom. Surveillance of “netizens” is becoming commonplace, whether in democracies or in totalitarian regimes, through a host of new laws and regulations ostensibly aimed at strengthening national security, cyber security or protecting business interests.

While most governments are seeking to filter and block specific content, in extreme cases, as in Egypt, the Net has been blacked out using what some experts say is the “kill switch” (see ‘The Egypt shutdown’). This could emerge as the biggest threat to the Internet since other regimes could be tempted to go the Egyptian way. Most governments, however, prefer not to use it, not even the censorship-obsessed Chinese and Saudi regimes because the Internet is also about business—commerce of increasing significance is being routed through its sinews. Take one small example: In January alone, Britons spent a whopping £5.1 billion online, recording a 21 per cent jump in e-commerce revenues over January 2010, according to the latest edition of the IMRG/CapGemini e-Retail Sales Index. It is the kind of figure that stops authorities from reaching for the kill switch.

In the case of China, e-commerce transactions hit 4.5 trillion yuan (US $682.16 billion) in 2010, up 22 per cent year-on-year, according to China e- Business Research Center and CNZZ Data Center. Of this, online B2B or business-to-business deals accounted for the bulk: 3.8 trillion yuan (US

Popular whistleblower website wikileaks.org was unavailable for some time in December 2010

$576.05 billion). And retail sales are expected to zoom, too, pretty soon with e-commerce websites selling directly to customers growing to more than 18,600 last year. Thanks to a dramatic spike in the rate of Net penetration and impressive growth of online business.

But the world has a long way to go before the Internet becomes ubiquitous or an all-encompassing global commons. Currently, just two billion people are linked to the system (see above: ‘Big picture’), which is less than a third of the world’s population. And the reach, as the chart shows, is rather patchy. India may be in the top five Internet user nations with a total of 81 million users but penetration is an abysmal 6.9 per cent, the worst in the list. Blame that on our pathetic education levels and poverty. China, however, is the undisputed leviathan with 420 million users in 2010—some estimates put the figure closer to 500 million now—who account for more than a fifth of the world’s Internet users. No other country’s growth in this sector matches China’s either in speed or drama.

This is one reason Washington frequently raises the issue of China’s policing of the Internet in different fora. The most recent was on February 15 when secretary of state Hillary Clinton made the second of her rousing speeches on safeguarding the Internet from all kinds of government interference. Speaking at George Washington University in Washington DC, Clinton pointed out that the attempts to control the Internet were rife across the world but singled China for repeated attacks.

“In China, the government censors content and redirects search requests to error pages. In Burma, independent news sites have been taken down with distributed denial of service (DDoS) attacks. In Cuba, the government is trying to create a national intranet, while not allowing their citizens to access the global internet. In Vietnam, bloggers who criticize the government are arrested and abused. In Iran, the authorities block opposition and media websites, target social media, and steal identifying information about their own people in order to hunt them down. These actions reflect a landscape that is complex and combustible, and sure to become more so in the coming years as billions of more people connect to the Internet.”

That seemed a fair assessment of the trends but the irony is that even as the secretary of state was speaking, the Department of Justice was seeking to enforce a court order to direct Twitter Inc, to provide the US government records of three individuals, including Birgitta Jonsdottir, a member of Iceland's Parliament who had been in touch with others about WikiLeaks and its founder Juan Assange last year when WikiLeaks released its huge cache of US diplomatic cables.

A commentary in China Daily noted with asperity: “The Assange case reveals such rhetoric is just so much hypocrisy. It is apparent that when Internet freedom conflicts with self-declared US national interests, or when Internet freedom exposes lies by the self-proclaimed open and transparent government, it immediately becomes a crime.”

The Assange case more than anything else has exposed how vulnerable the Net is to political meddling and control. In December last year, Amazon said it stopped hosting the WikiLeaks website because it “violated its terms of service” and not because the office of the Senate Homeland Security Committee chaired by Joe Lieberman had questioned Amazon about its relationship with WikiLeaks.

WikiLeaks had turned to Amazon to keep its site available after hackers tried to flood it and prevent users accessing the classified information. Few people were willing to credit Amazon’s feeble explanation for cutting off WikiLeaks and the general surmise was that Lieberman had put some kind of pressure on the webhosting platform. According to one analyst, the simple reason is that the US government is one of the company’s biggest clients. According to a press note issued by the company: “Government adoption of AWS (Amazon Web Services) grew significantly in 2010. Today we have nearly 20 government agencies leveraging AWS, and the US federal government continues to be one of our fastest growing customer segments.”

As Amazon abandoned WikiLeaks, Paypal, Visa and MasterCard had also dumped WikiLeaks. This set off a fullscale cyber war in which a fourth party made its presence felt: Hackers/ ‘hacktivists’ who unleashed operation payback for what they deemed unfair targeting of WikiLeaks and Assange. This involved a series of (DDOS) attacks on Paypal, MasterCard, Swiss Bank PostFinance and Lieberman’s website.

So while governments in many parts of the world block sites, jail or kill dissidents for expressing their views on the Net, threats to the freedom of the Internet come primarily from the paranoia that governments suffer and from badly crafted policies they implement to protect business and other interests.

US enforcement agencies shut down 84,000 sites, falsely accusing them of child pornography

The US, the ultimate symbol of liberal democracy, is no less uneasy about the power of the Internet. A slew of laws are making their way through the Senate, laws that will give the administration sweeping powers to seize domain names and shut down websites, even those outside its territory, and laws that strengthen the powers of the president in the time of a cyber emergency, including the use of a kill switch. In September, the US Senate introduced the Combating Online Infringement and Counterfeits Act, which would allow the government to create a blacklist of websites that are suspected to be infringing IP rights and to pressure or require all ISPs to block access to those sites. In these cases, no due process of law protects people before they are disconnected or their sites are blocked.

In India, in the wake of the terrorist attacks in Mumbai in November 2008, Parliament hastily passed amendments to the Information Technology Act, 2000, without any discussion in either House. The December 2008 amendments have some good points but they also allow increased online surveillance. Section 69A permits the Centre to “issue directions for blocking of public access to any information through any computer resource”, which means that the government can block any website.

Pranesh Prakash of the Bengalurubased Centre for Internet and Society notes that while necessity or expediency in terms of certain restricted interests is specified, no guidelines have been specified. “It has to be ensured that they are prescribed first, before any powers of censorship are granted to anybody,” said Prakash in an analysis of the amendments. “In India, it is clear that any law that gives unguided discretion to an administrative authority to exercise censorship is unreasonable.”

Civil rights activists say the section has broadened the scope of surveillance and that there are no legal or procedural safeguards to prevent violation of civil liberties.

As the battle for keeping the Internet is joined by netizens who are aware of the power of connection, governments, too, are ramping up command and control measures. Among the risks to an open, democratic Internet are the following:

Threat to universality

The basic design principle underlying the World Wide Web is universality, and, according to its founder Tim Berners-Lee, several threats are emerging. Among these are: cable companies that sell Internet connectivity wanting to limit their Net users to downloading only the company’s mix of entertainment and social networking sites (see ‘Hidden dangers of Facebook’).

Another is by pricing Net connectivity out of the reach of the poor and allowing differential pricing. Berners- Lee, warned at a recent London conference: “There are a lot of companies who would love to be able to limit what web pages you can see...the moment you let Net neutrality go, you lose the web as it is...You lose something essential—the fact that any innovator can dream up an idea and set up a website at some random place and let it just take off from word of mouth...”

Actions against piracy

The nub of such operations lies in the US Department of Homeland Security, whose Immigration and Customs Enforcement (ICE) and the Department of Justice (DoJ) have been seizing domains because they are suspected of hawking pirated goods. The first seizure was in November last year when 82 websites selling counterfeit goods ranging from handbags to golf clubs were taken out.

Last month, there was another raid on the Internet. According to TorrentFreak and other Internet monitoring sites, the two agencies wrongly shut down 84,000 websites that had not broken the law, falsely accusing them of child pornography crimes. After the mistake was identified, it took about three days for some of the websites to go live again. The domain provider, FreeDNS, was taken aback. “Freedns.afraid.org has never allowed this type of abuse of its DNS service. We are working to get the issue sorted as quickly as possible,” it said.

Earlier, DoJ and ICE had seized the domain of the popular sports streaming and P2P download site Rojadirecta. What is shocking is that the site is based in Spain and is perfectly legal. Two courts in Spain have ruled that the site operates legally, and other than the .org domain the site has no links to the US.

Internet freedom could easily become the biggest casualty in the illconceived and poorly designed procedures adopted by developed countries— France, the UK, South Korea, Taiwan and New Zealand have similar laws—to protect intellectual property from counterfeiters and pirates, primarily at the behest of the film and music recording industries.

There are indications India may be planning to follow suit (see ‘India’s three-strikes policy’), although civil rights groups say it could amount to a form of deprivation of liberty.

Surveillance technology

The problem with the use of technology in keeping the Internet safe cuts both ways. With increasing number of cyber attacks on both official and public websites from an array of hackers and malware, governments are reaching for ever more sophisticated high-tech surveillance systems. For instance, computer systems of the US Congress and the executive branches are under attack an average of 1.8 billion times per month, according to a recent Senate report. The result: more spyware. One such is deep packet inspection technology. It is a tool that protects customers from rampant spam and virus traffic. Experts say the Internet could not survive without this technology and yet, it helps authorities to keep a close watch on what people are doing on the Net. In the US, ISPs are required to have this technology.

So what can be done? Keep close tabs on government involvement in the Internet and ensure that its intrusion in both the content and the engines of this system is kept to the minimum.

Read the original article written by Latha Jishnu in Down to Earth here

For more details visit https://cis-india.org/news/battle-internet

Anti-Social Network

praskrishna — 2011-04-01T15:59:51Z

Social media is driving teens to a reality they can't handle. This article by Max Martin was published in Mail Today on February 27, 2011.

THIS is the generation of instant messaging and two-minute noodles. Impatient teenagers are always plugged in to their computers and cell phones. Their reality is virtual and most of their friends can be found online. "It's the coolest way to keep in touch," says Charlotte William, a college student in Bangalore whose Facebook was got flooded with birthday greetings on Saturday. Her FB page is an almost-instantly updated open book of her life.

Such minute-by-minute minute updates are an integral part of any teenager's life but the older generation is cautious. Not just old-fashioned people but even the tech-savvy are raising several issues with this uncontrolled explosion of social networking. India is the seventh largest social networking market in the world, with millions of users and many issues like privacy, etiquette, commercial, and political interests. Even though people have control over the information they post online, unauthorised access -- usage and republication -- is a major cause of concern, says Nikhil Pahwa, who publishes MediaNama, a mobile business news site based in Delhi. "You put up information about friends and family without realising the enormous consequences of it being in the public domain," says Pahwa.

"I see a lot of people exchanging personal messages and phone numbers on their walls. A lot of people are rather nonchalant about it," says Christian Wolff, a German development researcher, living in Hyderabad, who finds it amazing how Indians are not as concerned about their privacy as they should be. Bangalore-based lawyer Sarim Naved says the internet gives people a misplaced sense of anonymity, which makes them shed their inhibitions -- and etiquette. Should you allow a friend to post pictures of you from that crazy party last night? What if a family member sees them? We still live by traditional values and customs and footloose pictures may not be appreciated.

And while you may think that your privacy settings are in place to never allow such an unfortunate incident take place, privacy settings give a false sense of security. "Many people cannot figure out how to put filters on," says Yamini Atmavilas, a teacher of gender studies in Hyderabad. She also says that social networking is a mixed bag: "Studies show that women use social networks differently from men. They have helped build women's social capital, providing an outlet for connection and expression."

AARTI Mundkur, who was involved in the national 'Pink Chaddi' campaign against the pub-attacking Sri Ram Sene, agrees. "Social networks capture only the imagination of the upper middle class -- and fail to evoke any other kind of response," says this activist lawyer. While the social media is powerful -- and can be used for many purposes -- it is limited in scope.

Also, these sites are turning into what Wolff calls 'all-devouring marketing machines'. Facebook, for instance, is always in the midst of some controversy over its automatic personalisation or using technology to accommodate differences between individuals, so that disbursing personalised advertisements gets easier. Most of us do not realise that every little bit of information we post online is under the scrutiny of corporate entities that analyse and track browsing, spending, networking, and even music preferences.

"They make money with the data you post online for free," says Anivar Aravind, an IT consultant and commentator who started the online campaign for justice for Binayak Sen. "Even worse is when these service providers pass on this personal information to the government as Yahoo did in China leading to the imprisonment of a journalist," says Aravind.

Also getting increasingly active in the online circuit are crooks, says Shantanu Ghosh, who handles the India product operations of Symantec, a leading network and computer security firm. These crooks, he says, launch virus attacks, put up false events to attract people, and spoof networking sites to extract personal data.

"This attack was observed before the Cricket World Cup 2011. Attackers had created a page offering ticket deals for the World Cup final in Mumbai, requiring users to log into their social networking accounts. Those who fell for this trick would have ended up revealing their confidential login information to these attackers." Ghosh advises: "You should treat anything you see online with skepticism -- especially if it involves clicking a link or installing an application." Also make sure you check and understand privacy policies and settings.

This is even more important because existing laws on cyber crime are not strong enough. Also, the question whether new laws will be effective remains.

"It really depends on the law. If it goes into too much detail then it will be rendered irrelevant because of advancements in technology," says Sunil Abraham, who heads Centre for Internet and Society, a Bangalore-based research group. "A good law usually focuses on principles. What we need in India is a privacy regulator that can dynamically interpret the principles in law to quickly react to developments on the internet."

Read the article in Mail Today here
Also see the article in the Free Library here
Download the news from Mail Today here (pdf, 2.92 MB)

For more details visit https://cis-india.org/news/anti-social-network

Pirates, Plagiarisers, Publishers

prashant — 2014-05-29T05:55:27Z

This article attempts to rescue not by denying the charges of plagiarism, but by charting an alternative trajectory of plagiarism so that each successive instance does not amplify our sense of embarrassment and crisis in the academy. The article by Prashant Iyengar was published in the Economic & Political Weekly, February 26, 2011, Vol XLVI No 9.

"Copying one book is plagiarism; copying several is research." Unknown 1

Someone must have slandered Indian academia, for, without having done anything new or different, allegations of plagiarism have suddenly been tumbling out of India’s ‘top’ universities in these past few years.

In October 2002, a group of physicists from Stanford University, including three Nobel laureates, addressed a letter to the (then) President Abdul Kalam complaining of plagiarism by the Vice Chancellor of Kumaon University.2 In January 2006, a professor from IIM Bangalore was dismissed for plagiarism.3 In February 2008, a professor from the Sri Venkateswara University in Tirupathi was accused of having plagiarized up to 70 papers between 2004 and 2007.4 In October 2010, IIT Kharagpur was forced to set up a committee to investigate allegations of plagiarism by one of its professors and three doctoral candidates.5

And so on. It seems Benjamin Franklin’s adage about originality being “the art of concealing your sources” thrives today in Indian academia. Something is rotten in the State of academic research. Evidently, we even know exactly what it is: Some years ago, the Association of Indian Universities invited students to a research contest. The pamphlet advertising the contest contained a remarkably prolix account of the causes of the general decline in academic research:

Of late, research has become a subservient component in the university functioning. It is not considered a lucrative career option. Apart from this, resource constraints, lack of commitment, lack of proper encouragement, etc., are the impediments that are affecting the quality of research in our institutions of higher education. Another important factor for the deterioration of the quality of research is the absence of adequate training and other capacity building endeavour in our system, which has restricted students’ creativity only to rote memory. 6 (emphasis mine)

Similarly, we are periodically reminded, as in this instance, by the chief of the Defence Research and Development Organisation that “India lacks quality academic organisations and research and development institutions that breed inventions in technology. This is the major reason behind India's failure in breaking new ground in inventions and innovations.”7 Other news reports bemoan the fact that “Indian patent filings lag behind global average" with the total “number of filings by residents being just three per million people in its population, compared with the world average of 250”8

Accounts such as these, which abound in the press and journals, typically trace a “decline” hypothesis according to which the quality of academic research in India, once rigorous and upright, has fallen precipitously in recent times. Poor quality of academic research is then portrayed as a function of the impoverishment of the academy itself. Concealed within this auto-critique is an envy of putatively ideal systems in other countries which exhibit values that are an inversion of those identified as ours: i.e. they privilege research, are well-resourced, file the statistically approved average number of patents, allow students’ creativity free rein, and do not restrict their creativity only to rote memory. Lurking underneath these criticisms is also the anxiety that the arrival of the internet has, far from invigorating indigenous research in India, facilitated plagiarism on a wider scale than previously imaginable. What do we make of all this self-slander?

In this essay I will attempt to rescue Indian academic research, not by denying the charges of plagiarism, but by charting an alternative trajectory of plagiarism so that each successive instance does not amplify our sense of embarrassment and crisis in the academy.

I begin by drawing on my own prior study on student research in law universities in India9 to provide a rough account of how law students approach research. However inappropriate, I use some of my observations in the course of that study as a microcosmic model for how research is conducted by students across the country today.

Next, I will attempt to show how the charge of plagiarism only acquires its pungency after the installation of a particularly western ‘Romantic’ conception of creativity that is hinged on the ‘genius’ figure. My point here is not one of cultural difference – we may or may not have conflicting traditions of (literary) creativity in India - but of heterogeneity of possible standpoints from which creativity can be judged, which have been deprecated or forgotten since this modern conception took root. While this idea is itself not ‘original’, having been made by numerous authors on whose work I draw upon here10 , I am interested here in how it can inform our reaction to quotidian reports of plagiarism in the contemporary. Specifically, I think our understanding of 'originality-as-genius’ is a relatively recent historical product, and is definitely not the 'natural' or universal parameter by which literature and arts have been judged. I would assert that contemporary practices on the Internet restore us to (or renew the salience of) some of these pre-modern practices of authorship where originality in its Cartesian sense may not necessarily be determinative of value.

I would however hasten to add that this does not lead us inexorably to the conclusion that our traditional understanding of plagiarism has to abandoned. In the case of academic writing, 'Romantic' standards of originality have been rigorously upheld and policed by the spectral might of the University. Here, the ritual demonstration of cartesian orginality is not only a condition of success, but a minimum qualification for survival and advancement in this domain. With the stakes being so high, the temptation to pass off others' works as one's own is great, in contrast to the risks of being caught. This does not mean that everyone resorts to it, only that there are structural factors in the academy that make practices of plagiarism more 'rational' than, perhaps, in other domains11 .

To begin, then with my conclusions, I think that dulling the keenness of ‘cartesian originality’ in the University could be an important component in the serious task of educational reform. Equally, I aim, in this article to rehabilitate the term plagiarism so as to diminish the sense of embarrassment that seems to come naturally to us when we speak of Indian research.

Student ‘research’ in Law Schools in India

The content and observations in this section draw from a study that I had conducted in 2006 on student research in national law universities in India. During the study I had interviewed 40 students and eleven faculty members across three National Law Universities. 12 I will focus here on the themes from those surveys that directly address the issue of research and plagiarism.

By way of background, in a typical national law university following a semester model, a student must submit up to 5 research papers (of lengths varying from 20 to 50 pages) a semester – or ten papers a year. In the duration of her five year legal education, a student from a national law university in India would have submitted anywhere between 48 (NALSAR) to 70 (NLIU Jodhpur) research papers of varying lengths. Given an average class-size of 80, and 5 batches in every university, a guesstimate indicates an average output of about 4000 papers of varying quality from every national law university annually. The table below contains a rough back-of-envelope enumeration of the research output of five national law universities in India, drawn from respective university prospectuses and websites.

	NALSAR	NLSIU	NLIU	NLU	GNLU
Intake	80	80	80	80	160
Max Strength	400	400	400	400	800
Academic Unit	Semester	Trisemester	Trisemester	Semester	Semester
Law Courses	40	51	48	54	51
Non-Law Courses	10	10	26	8	9
Number of research papers per student through the duration of the 5 year course	18	50-60	65-74	55-62	55-60
Max number of research papers per semester / trisemester	1900	1400	2000	2200	4000
Number of student research papers per year (approx)	3800	4200	6000	4400	8000

By any estimate, this volume of research is staggering and should ordinarily be a cause for pride. However law universities are also beset with the same anxieties of poor research ‘quality’ and plagiarism that characterize the broader academy. While my previous study contains a fuller discussion on the causes of poor legal research at these universities, I would like, here, to only reproduce some of my survey conclusions from that study that would feed the discussion for the later sections of this paper.

From my surveys it appeared that both students and faculty shared a sense that the research burden on students in these universities was excessive and too onerous to facilitate high quality research.
Students respond to the high research load by budgeting their efforts – working more intensely on some research assignments while neglecting others. This accorded with the responses from faculty members who reported an extremely low number of high quality research papers turned in. Responses from faculty indicate that a high percentage of papers received fall under a median category between ‘high quality’ and ‘abjectly low quality’ – i.e. there are a large number of papers which, while offering a cogent account of the topic do not add any insight of their own.
Both students and faculty reported generally, the existence of a high degree of plagiarism (defined as the inclusion of extrinsic material without attributing sources) sourced both from amongst their peers as well as from extrinsic sources. Although most students (78%) claimed never to have directly copied from other students’ papers, many (67%) admitted to having shared their papers with other students either for ‘reference’, or more commonly, for adaptation/reuse in their assignments. The responses to whether they had any reservations against the practice were diverse with more students in favour of the practice of plagiarism (47%) than against (30%). Without admitting to participating it in themselves, 60% of respondents characterised the prevalence of ‘copy/paste’ plagiarism in research on their campus as ‘Rampant’ or ‘High’. Many reasons were forthcoming for the prevalence of this practice among which the more frequently stated included: ‘High work pressure’, ‘lack of time’ ‘lack of incentive to do high quality research’, ‘lack of emphasis by evaluators on high quality academic work’, ‘pointlessness of repeating identical research from scratch’. Other less common reasons offered were ‘emphasis on sheer volume to the neglect of quality of analysis’ and ‘disingenuousness of topics’ and ‘Laziness’.
Over half the students surveyed had never published their research in journals. This despite the fact that 75% of respondents reported that at least 1 of their research papers was either publishable immediately or with modifications. More than half the respondents reported upwards of three papers that they themselves regarded as ‘publishable’.
One of the common reasons that the faculty identified for the incidence of plagiarism was that students had begun to stereotype teachers who were unlikely to check or be able to check for plagiarism and would submit entirely plagiarised papers to them. Other reasons included the difficulty of checking the huge number of papers they received individually for plagiarism and also the fact that students had an unreasonably high workload coupled with the lack of enough incentive to do thorough research.

“Intuition” and “checking the number of sources” was still the common mode of detecting plagiarism although some faculty made creative use of the internet – particularly Google.

Faculty was asked if a paper that appeared plagiarized to a high degree, but also indicated that the student had put in an intelligent compilation of materials, would be acceptable by them. The response to this was largely affirmative with some faculty members saying that most papers would correspond to that category and this standard was imperative for a majority of students to pass! Most faculty required that the source material at least be acknowledged.
With regard to their research sources, there was a clear bias in favour of online sources almost to the exclusion of other sources. One respondent even rated online sources as being “more important than libraries”, and even claimed that she always began her legal research on the internet.

It is evident then from the foregoing account that the law universities are poor representatives of ‘original’ scholarship. The career of students through the law school seems to be marked by a blithe collaboration with faculty in which a Nelson’s eye is turned to their less-obvious plagiarisms. Although it is possible to adopt a high moralistic tone and condemn these practices, in the remainder of this paper I would like to marshal resources that would lend some dignity to them. In the section that follows, I will argue firstly, that there are rival conceptions of originality which privilege the recombination of existing information, rather than being fixated on ivory-towered ex nihilo originality.
Under this conception, even the pastiche works by lazy law students emerge as eminently ‘original’. Secondly, I argue that slavish imitation is never always only that, and have long been recognized as an integral aspect of the creative process itself.

‘Originality’ is only a special effect of reception

In his fascinating book Original Copy, Robert Macfarlane draws on George Steiner’s vocabulary to contrast two different narratives of literary creation – The first, creatio, espouses “a hallowed vision of creation as generation” which “connotes some brief, noumenal moment of afflatus or inspiration’ during which the author composes her work.

..the creative urge is dramatized as pulsing deep within the fastness of the individual self, and the solitary writer is seen to conjure ideas into the influence proofed chamber of his or her imagination. 13

By contrast, the second conception of literary creativity, inventio, which is commonly found both in literary postmodernism and Augustan aesthetics, conceives of “creation as rearrangement” and “refuse[s] to believe in the possibility of creation out of nothing, or in the uninfluenced literary work”.14 Instead this view “privileges the act of making out of extant material”. According to these “recombinative theories”, the creating mind is conceived

“as a lumber-room in which are stored innumerable verbal odds and ends. The supposedly ‘original’ writer in fact works with ‘inherited lexical, grammatical, and semantic counters, combining and recombining them into expressive executive sequences’. 15

As an instance of this latter view, Macfarlane cites the example of Derrida who coined the term itérabilité to describe “the semantic drift which inevitably occurs between consecutive uses of the same text”. Derived from a combination of the Latin verb iterare (meaning ‘to repeat’) and the Sanskrit word itara (meaning ‘other’), the word “valuably emphasizes ‘the logic which links repetition to alterity’. For Derrida, the repetition of a text inescapably involves its alteration: you can never step twice in the same poem, paragraph, or word.”

I find this latter conception, especially Derrida’s concept of itérabilité to be a valuable tool with which to think through the practices of the law students I interviewed. While being derived from a plurality of (frequently unacknowledged sources), their papers were never mere ‘slavish’ repetitions, but always contained an element of alterity.

Paradoxically, the networked information age that we inhabit both facilitates and preempts the flourishing of ‘recombinative creativity’. On the one hand, the abundance of informational resources that the internet puts at a researcher’s disposal, as well as the ease of word-processing makes it easy to rapidly refashion materials into a pastiche of one’s own. On the other hand, the illusion of novelty that such work may produce is capable of being dispelled equally swiftly, and more efficiently than ever before through the use of special applications designed to detect plagiarism. If, as MacFarlane suggests, originality is not “an indwelling quality of writerly production, but instead a function of readerly perception, or more precisely readerly ignorance (the failure to discern a writer’s sources)”, then the emergence of the internet has nearly made this form of originality impossible, by making this reader ignorance extremely evanescent (lasting only until the reader’s next Google search). The ability of students to pass off plagiarised material as their own will hinge increasingly on their ability to alter it unrecognizably, at which point the output is no longer a mere slavish imitation, but something new altogether – ‘quality research’.

In an essay on pre-print culture16 , Lawrence Liang demonstrates that the notion that prior to print technology, the task of writing was reduced to that of slavish copying by scribes is false. As Liang notes, the real story is slightly more complicated.

Acting as annotators, compilers, and correctors, medieval bookowners and scribes actively shaped the texts they read. For instance, they might choose to leave out some of the Canterbury Tales, or contribute one of their own. They might correct Chaucer’s versification every now and then. They might produce whole new drafts of Chaucer by combining one or more of his published versions with others.17

With the arrival of print technology, however, a fundamental transformation occurs in the way the activities of writing and reading. Liang quotes an extended passage from Rebecca Lynn’s study of reading and writing practices in medieval England18 that captures this change:

the benefits readers derived from the press, in terms of better access to authorized texts, were countered by a profound loss of opportunity for inventive forms of reception. They were free to take with the texts they recopied. Manuscript culture encouraged readers to edit or adapt freely any text they wrote out, or to re-shape the texts they read with annotations that would take the same form as the scribe's initial work on the manuscript. The assumption that texts are mutable and available for adaptation by anyone is the basis, not only for this quotidian functioning of the average reader, but also for the composition of the great canonical works of the period.19

Is it possible, in the light of this insight about the creative element of copying in pre-print days, to revise our pathological accounts of contemporary plagiarism? 20 Can we view plagiarism not as an offence against the ‘author’ity of knowledge, but in a sense as a reversion to a more primordial tradition in which the availability of a text presumes and is premised upon its availability for adaptation. As described previously, responses from interviews with faculty indicates a grudging tolerance of plagiarism in student research.

This tolerance, stemming from an acknowledgement that even acts of compilation are not wholly without a creative element, seems to restore us to such an understanding of ‘creative’ reading akin to what has been described above.

Conclusion

Few years ago, a famous author of textbooks on Intellectual Property law in India was discovered to have plagiarised close to two hundred pages of his new book on the Right to Information. The pages had been lifted verbatim from the manuscript sent by a famous law professor to the same publisher. When the matter came to light, the first author pleaded ignorance. After an ugly out-of-court tussle between the professor and the publisher (who happen to be one of India’s more powerful legal-publishing houses), a compromise was reached wherein the professor’s book would be published with a note inserted stating that 200 of his pages had been included in the other ‘author’s’ book.

I conclude this essay with this piece of copyright ‘gossip’ in order to highlight a couple of ironies that it animates. The first is, of course, the delicious irony that a famous author, of IP books no less, would stoop to such lows. (Could academic writing in any discipline be above suspicion now that academic writing in IP, that guardian discipline of genius ‘originality’, has proven susceptible to plagiarism?) The second irony is that this person’s reputation as the ‘author’ of a book, and of a genre of books survives despite the fact that he may not have penned even a single word of his book – which prompts us to ponder what function the author truly serves here. Lastly, I find the fact curious that both books continue to be displayed – and sold - in various legal bookstores, frequently side-by- side. The ‘fact’ of the plagiarism seems not to have significantly impacted sales of either author’s tome.

Tempting as it may be, one must resist treating this example as either exceptional or paradigmatic. Publishers in India in many cases do lead authors by their nose, and this is particularly so in the case of text-book publishing. However, this does not mean that original – in the Cartesian sense - academic writing does not continue to be produced in India. I feel this instance points us to the limits of the argument I have made in the preceding section. As well as it may be to celebrate ‘recombinative’ accounts of creativity in students, wholesale plagiarism with impunity by big name authors backed by large publishing houses cannot be easy to endure. In our acceptance of a combinatorial ‘inventio’ theory of creativity, it would be unwise too hastily to jettison the more austere creatio theory. As Macfarlane points out, popular attitudes to originality and plagiarism have moved between the two narratives of originality in a dialectical fashion so that they can best be thought of as “enmeshed .., or existing in a kind of helical wrap: each requiring the other for its support, counter-definition, and continued existence. Neither ever obliterates the other.”21

However they may have been produced, we regard our ‘works’ not merely as our property but also relationally through ethics of propriety. In other words, what we write is our “own” not in the way that our shoe is our own, but in the sense that our friends are our own. Plagiarism in this context most closely approaches its original Latin roots – plaga: to convert a freeman into a slave22. – as the unjust enslavement or capture of our work by someone else.
What role has the internet played in this crisis of plagiarism? Despite the inherent promiscuity of the medium, I think that the arrival of the internet has not actually changed our practices in relation to plagiarism. So the fact that I may blithely pirate movies and music on the internet does not mean, automatically, that I adopt 'piracy' as my research methodology for academic writing. Our choices remain as they were – to acknowledge or not, with the latter being increasingly more risky in an age when exposure is only a google search away.

Finally, how does all of this relate to the question I posed at the start viz: what do we make of this self-slander? I think it will not do to simply declare ourselves innocent of the charge of plagiarism. (As Josef K’s prison chaplain says, that is what the guilty usually do.) But equally we must be careful, to continue with a Kafkaesque metaphor, not to see the gallows being constructed in the distance and hang ourselves on the presumption they are being erected solely for us. Kafka alone, of course, does not supply good grist for policy decisions. A possible way forward would be to import the cinematic notion of plagiarism into academic writing: Not all that is unacknowledged is unoriginal (as my
example from student research at law universities shows), but this does not extend to a license to appropriate all as one's own (the example of the famous IP author who plagiarised 200 pages from a professor). The former is a function of the dominant, awkward alien aesthetic imposed by the University, which requires academic writing to be dully impersonal and abstract. Finding it too taxing, most students resort to a clumsy pastiche rather than, for instance, shifting to a more narrative style which they may be more comfortable with. The internet allows their pastiche to be more colorful than before.

The latter is plainly an ethical failing by someone who believes they can get away with impunity. The internet does not impact them in any way except that their 'crime' once discovered circulates endlessly on the internet (As this IP author discovered to his dismay).

In deciding what is to be done, however, I would advise our policy makers to make haste, only slowly.

Notes

Lindey, A., 1952. Plagiarism and originality, Harper., New York, P.2

Chu, S. et al., 2002. Letter from the group of Professors of Physics of Stanford University to the President of India. Available at: http://www.stanford.edu/dept/physics/publications/PDFfiles/india.pdf [Accessed December 22, 2010].

Seethalakshmi, S., 2006. IIM-B prof held violating copyright. The Times of India. Available at: http://timesofindia.indiatimes.com/city/bangalore/IIM-B-prof-held-violatingcopyright/ articleshow/1359149.cms?curpg=2 [Accessed December 21, 2010].

Tewari, M., 2008. Indian professor guilty of plagiarism. DNA India. Available at: http://www.dnaindia.com/india/report_indian-professor-guilty-of-plagiarism_1152417 [Accessed December 21, 2010].

Singh, K., 2010. IIT-K sets up panel to probe plagiarism charges. Indian Express. Available at: http://www.expressindia.com/latest-news/iitk-sets-up-panel-to-probe-plagiarism-charges/695196/ [Accessed December 21, 2010].

"Anveshan: Student Research Convention." Association of Indian Universities. Apr 2008. Research Division. 30 Apr 2008 <http://www.aiuweb.org/Research/research.asp>.

Josy Joseph , ‘India lacks R&D base, laments DRDO chief ‘, (2000), [Internet], Available from: <http://www.rediff.com/news/2000/aug/11josy1.htm> [Accessed 21 April 2008]

‘Indian patent filings lag behind global average’, [Internet], Available from: <http://www.eetimes.com/news/latest/showArticle.jhtml?articleID=204702703> [Accessed 21 April 2008]

Iyengar, P., 2008. Open Information Policy for Student Research in Law Universities. SSRN eLibrary.
Available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1555689 [Accessed December 24, 2010].

See for instance, Rose, M., 1993. Authors and Owners: The Invention of Copyright, Cambridge, Mass:
Harvard University Press. Woodmansee, M., 1984. The Genius and the Copyright: Economic and Legal
Conditions of the Emergence of the 'Author'. Eighteenth-Century Studies, 17(4), 425-448.

For instance, the charge of plagiarism in the domain of cinema seems to have a significantly diluted charge. Bollywood has been accused frequently of aping Hollywood, although this does not stand in the way of it immense popularity and renown. Ramesh Sippy's Sholay is regarded as having been influenced by John Sturges' The Magnificent Seven, itself being similarly 'influenced' by Akira Kurosawa's The Seven Samurai. On the modern definition of originality which requires us all to be 'perfectly uninfluenced', this qualifies as plagiarism. This definition however did not stand in the way of Sholay becoming an iconic film for Indian cinema.

Respectively The National Academy of Legal Studies and Research (NALSAR), the National Law School of India University (NLSIU) and the National University of Juridical Sciences (NUJS).Although this sample is not sufficiently representative to make statistically kosher extrapolations – indeed, I make no such claim - I think the responses I received affirmed certain interesting observable trends about student research, that would seem commonsensical to anyone who teaches in India. To that extent, I think this data yields some interesting starting points for the theme of the current paper.

Macfarlane, R., 2007. Original Copy: Plagiarism and Originality in Nineteenth-Century Literature, Oxford: Oxford University Press. p.2

Ibid, p.4

Ibid

Liang, L., 2009. A Brief History of the Internet from the 15th to the 18th Century. In N. Rajan, ed. The Digitized Imagination. Routledge India, pp. 15-36.

Ibid

Schoff, R.L., 2004. Freedom from the Press: Reading and Writing in Late Medieval England. Harvard University. Available at: http://sunzi.lib.hku.hk/ER/detail/hkul/3516592. cited in Liang, L., 2009. A Brief History of the Internet from the 15th to the 18th Century. In N. Rajan, ed. The Digitized Imagination. Routledge India, pp. 15-36.

Ibid

For instance the ‘epidemic of plagiarism’ language typified in this BBC article Precey, Matt. “Study shows 'plagiarism epidemic'.” BBC 17 Jan 2008. 13 May 2008 <http://news.bbc.co.uk/1/hi/england/cambridgeshire/7194850.stm>.

Supra n. 12, at p. 17

See Voltaire, 1824. A philosophical dictionary: from the French, J. and H. L. Hunt. (Accessed from Google Books)

Also see these:

For more details visit https://cis-india.org/a2k/blogs/plagiarism-in-indian-academia

RTI Applications on Blocking of Websites

pranesh — 2012-12-21T06:34:27Z

In recent weeks, an increasing number of incidents have come to light on government-ordered blocking of websites. In one case involving Zone-H.org, it is clear who has ordered the block (a Delhi district court judge, as an interim order), even though the block itself is open to constitutional challenge. In all others cases, including the TypePad case, it is unclear who has ordered the block and why. We at CIS have sent in two right to information requests to find out.

While under the law (i.e., s.69A of the Information Technology Act), the Department of Information Technology (DIT) has the power to order blocks (via the 'Designated Officer'), in some cases it has been noted that the ISPs have noted that the order to block access to the websites have come from the Department of Telecom (DoT). Due to this, we have sent in RTI applications to both the DIT and the DoT.

RTI Application to Department of Information Technology

Shri B.B.Bahl,
Joint Director and PIO (RTI)
Office of PIO (RTI)
Room No 1016, Electronics Niketan
Department of Information Technology (DIT)
Ministry of Communications and Information Technology
6, CGO Complex, New Delhi

Dear Sir,

Subject: Information on Website Blocking Requested under the Right to Information Act, 2005

1. Full Name of the Applicant:
Pranesh Prakash

2. Address of the Applicant:
E-mail Address:
pranesh[at]cis-india.org

Mailing Address:
Centre for Internet and Society
194, 2-C Cross,
Domlur Stage II,
Bangalore – 560071

3. Details of the information required:

It has come to our attention that Airtel Broadband Services (“Airtel”) has recently blocked access to a blog host called TypePad (http://www.typepad.com) (“TypePad”) for all its users across the country. In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

Did the Department order Airtel to block TypePad under s.69A of the Information Technology Act (“IT Act”), 2000 read with the Information Technology (Procedures and Safeguards for Blocking Access of Information by Public) Rules, 2009 (“Rules”) or any other law for the time being in force? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites in contravention of s.69A of the IT Act?
Has the Department ever ordered a block under s.69A of the IT Act? If so, what was the information that was ordered to be blocked?
How many requests for blocking of information has the Designated Officer received, and how many of those requests have been accepted and how many rejected? How many of those requests were for emergency blocking under Rule 9 of the Rules?
Please provide use the present composition of the Committee for Examination of Requests constituted under Rule 7 of the Rules.
Please provide us the dates and copies of the minutes of all meetings held by the Committee for Examination of Requests under Rule 8(4) of the Rules, and copies of their recommendations.
Please provide us the present composition of the Review Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
Please provide us the dates and copies of the minutes of all meetings held by the Review Committee under Rule 14 of the Rules, and copies of all orders issued by the Review Committee.

4. Years to which the above requests pertain:
2008-2011

5. Designation and Address of the PIO from whom the information is required:

To the best of my belief, the details sought for fall within your authority. Further, as provided under section 6(3) of the Right to Information Act (“RTI Act”), in case this application does not fall within your authority, I request you to transfer the same in the designated time (5 days) to the concerned authority and inform me of the same immediately.

To the best of my knowledge the information sought does not fall within the restrictions contained in section 8 and 9 of the RTI Act, and any provision protecting such information in any other law for the time being in force is inapplicable due to section 22 of the RTI Act.

Please provide me this information in electronic form, via the e-mail address provided above.

This to certify that I, Pranesh Prakash, am a citizen of India.

A fee of Rs. 10/- (Rupees Ten Only) has been made out in the form of a demand draft drawn in favour of “Pay and Accounts Officer, Department of Information Technology” payable at New Delhi.

Date: Monday, February 28, 2011
Place: Bengaluru, Karnataka

(Pranesh Prakash)

RTI Application to Department of Telecom

Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II)
Room No 1006, Sanchar Bhawan
Department of Telecommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

Dear Sir,

Subject: Information on Website Blocking Requested under the Right to Information Act, 2005

1. Full Name of the Applicant:
Pranesh Prakash

2. Address of the Applicant:
E-mail Address:
pranesh[at]cis-india.org

Mailing Address:
Centre for Internet and Society
194, 2-C Cross,
Domlur Stage II,
Bangalore – 560071

3. Details of the information required:

It has come to our attention that Airtel Broadband Services (“Airtel”) has recently blocked access to a blog host called TypePad (http://www.typepad.com) (“TypePad”) for all its users across the country. Airtel subscribers trying to access this website receive a message noting “This site has been blocked as per request by Department of Telecom”. In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

Does the Department have powers to require an Internet Service Provider to block a website? If so, please provide a citation of the statute under which power is granted to the Department, as well as the the safeguards prescribed to be in accordance with Article 19(1)(a) of the Constitution of India.
Did the Department order Airtel to block TypePad or any blog hosted by TypePad? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites?
Has the Department ever ordered the blocking of any website? If so, please provide a list of addresses of all the websites that have been ordered to be blocked.
Please provide use the present composition of the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
Please provide us the dates and copies of the minutes of all meetings held by the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951, and copies of all their recommendations.

4. Years to which the above requests pertain:
2005-2011

5. Designation and Address of the PIO from whom the information is required:
Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II)
Room No 1006, Sanchar Bhawan
Department of Telecommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

Please provide me this information in electronic form, via the e-mail address provided above.

This to certify that I, Pranesh Prakash, am a citizen of India.

A fee of Rs. 10/- (Rupees Ten Only) has been made out in the form of a demand draft drawn in favour of “Pay and Accounts Officer (HQ), Department of Telecom” payable at New Delhi.

Date: Monday, February 28, 2011
Place: Bengaluru, Karnataka

(Pranesh Prakash)

For more details visit https://cis-india.org/internet-governance/blog/rtis-on-website-blocking

February 2011 Bulletin

praskrishna — 2012-07-30T11:16:29Z

Greetings from the Centre for Internet and Society! In this issue we are pleased to present you the latest updates about our research, upcoming events, and news and media coverage:

Researchers@Work

RAW is a multidisciplinary research initiative. CIS believes that in order to understand the contemporary concerns in the field of Internet and society, it is necessary to produce local and contextual accounts of the interaction between the Internet and socio-cultural and geo-political structures. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Monographs finalised from these projects have been published online for public review:

Internet, Society & Space in Indian Cities

Digital Natives

CIS has interest in developing Digital Identities as a core research area and looks at practices, policies and scholarships in the field to explore relationships between Internet, technology and identity. The Digital Natives project is funded by Hivos, Netherlands. CIS involvement has resulted into these:

Columns on Digital Natives

A fortnightly column on ‘Digital Natives’ authored by Nishant Shah is featured in the Sunday Eye, the national edition of Indian Express, Delhi, from 19 September 2010 onwards. The following articles were published in the Indian Express recently:

Pull the Plug [published in the Indian Express on February 20, 2011]
A FLASH of Change [published in the Indian Express on February 6, 2011]
Wiki changes the world [published in the Indian Express on January 23, 2011]

Workshop

The third and final workshop in the Digital Natives with a Cause? research project took place in Santiago, Chile, from 8 to 10 February 2011. Samuel Tettner wrote a report about the workshop:

Digital Natives with a Cause? —Workshop in Santiago — an Afterthought

Blog Entries by Maesey Angelina

Maesy Angelina is doing Masters on International Development, specializing in Children and Youth Studies at the International Institute of Social Studies, Erasmus University of Rotterdam. She is working on her research on the activism of digital natives under the Hivos-CIS Digital Natives Knowledge Programme. She spent a month at CIS, working on her dissertation, exploring the Blank Noise Project under the Digital Natives with a Cause? framework. She writes a series of blog entries. The new ones are:

Blog Entry by Samuel Tettner

Samuel Tettner is a Coordinator in the Digital Natives project. He has written one blog entry:

Computer Science & Society – The Roles Defined

Accessibility

Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.

New Blog Entry

The Working Draft of the Rights of Persons with Disabilities Act, 2010: Does it exceed its Mandate in Including Provisions Relating to Other Disability Legislations?

Intellectual Property

CIS believes that access to knowledge and culture is essential as it promotes creativity and innovation and bridges the gaps between the developed and developing world positively. Hence, the campaigns for an international treaty on copyright exceptions for print-impaired, advocating against PUPFIP Bill, calls for the WIPO Broadcast Treaty to be restricted to broadcast, questioning the demonization of 'pirates', and supporting endeavours that explore and question the current copyright regime. Our latest endeavour has resulted into these:

New Blog Entries

Openness

CIS believes that innovation and creativity should be fostered through openness and collaboration and is committed towards promotion of open standards, open access, and free/libre/open source software, its latest involvement have yielded these results:

New Blog Entries

Internet Governance

Although there may not be one centralised authority that rules the Internet, the Internet does not just run by its own volition: for it to operate in a stable and reliable manner, there needs to be in place infrastructure, a functional domain name system, ways to curtail cyber crime across borders, etc. The Tunis Agenda of the second World Summit on the Information Society (WSIS), paragraph 34 defined Internet governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.” CIS involvement in the field of Internet governance has taken the following shape:

Announcement

Google Policy Fellowship Program: Asia Chapter

New Blog Entries

Privacy

CIS is doing a project, ‘Privacy in Asia’. It is funded by Privacy International (PI), UK and the International Development Research Centre, Canada and is being administered in collaboration with the Society and Action Group, Gurgaon. The two-year project commenced on 24^th March 2010 and will be completed as agreed to by the stakeholders. It was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around challenges and violations of privacy in India. In furtherance of these goals it aims to draft and promote over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.

Blog Entries by Elonnai Hickok

Elonnai Hickok is a Programme Associate in the Privacy in Asia project. She has published a series of Open Letters to the Finance Committee regarding the UID:

Other New Blog Entries

Telecom

The growth in telecommunications in India has been impressive. While the potential for growth and returns exist, a range of issues need to be addressed for this potential to be realized. One aspect is more extensive rural coverage and the second aspect is a countrywide access to broadband which is low at about eight million subscriptions. Both require effective and efficient use of networks and resources, including spectrum. It is imperative to resolve these issues in the common interest of users and service providers. CIS campaigns to facilitate this:

Column

Shyam Ponappa is a Distinguished Fellow at CIS. He writes regularly on Telecom issues in the Business Standard and these articles are mirrored on the CIS website as well.

Spectrum auctions - 'Jhatka' or 'Halal'? [published in the Business Standard on February 3, 2011]

Forthcoming Events

CIS is holding some conferences/workshops in the month of March in Delhi and Bangalore:

Role of the Internet in Fostering Freedom of Expression and Strengthening Activism in India - A Workshop in Delhi (March 4, 2011, Constitutional Club, Rafi Marg, New Delhi)
Global Challenges to Freedom of Expression (March 4, 2011, Constitutional Club, Rafi Marg, New Delhi)
Electronication: Ragas and the Future (March 6, 2011 Jaaga, Bangalore)
Design!publiC (March 18, 2011, Taj Vivanta, New Delhi)

Staff Update

Deepti Bharthur

Deepti Bhartur is a Research Intern at CIS. She did her BA (Hons) in Journalism from Lady Sriram College, University of Delhi and completed her Masters in Communication from Sarojini Naidu School of Arts and Communication, University of Hyderabad. Deepti joined the Accessibility team of CIS and is working on accessibility in telecom policy in India.

News & Media Coverage

Growing cyberspace controls, Internet filtering (Hindu, February 20, 2011)
2(m) or not 2(m) (Business Standard, February 19, 2011)
Can the twitterati change the world? (The Times of India, February 12, 2011)
Can the mouse be a tool of revolution in India? (DNA, February 12, 2011)
Social Network Suicide (Bangalore Mirror, February 6, 2011)
New Kids on the Blog (Indian Express, February 6, 2011)
Procuring books in Indian libraries (Hri Institute for Southasian Research and Exchange, February 4, 2011)
What Are You Accused of? Find Out Online (Wall Street Journal, February 1, 2011)
One among the clan of Wikipedians (Hindu, January 27, 2011)
Digital Wrongs (Forbes India, January 24, 2011)

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Looking forward to hearing from you. Please feel free to write to us for any queries or details required. If you do not wish to receive these emails, please do write to us and we will unsubscribe your mail ID from the mailing list.
CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/february-2011-bulletin

Engaging on the Digital Commons

pranesh — 2011-08-20T12:56:26Z

We at the Centre for Internet and Society are very glad to be able to participate in the 13th Biennial Conference of the International Association for the Study of the Commons (IASC). Our interest in the conference arises mainly from our work in the areas of intellectual property rights reform and promotion of different forms of ‘opennesses’ that have cropped up as a response to perceived problems with our present-day regime of intellectual property rights, including open content, open standards, free and open source software, open government data, open access to scholarly research and data, open access to law, etc., our emerging work on telecom policy with respect to open/shared spectrum, and the very important questions around Internet governance. The article by Sunil Abraham and Pranesh Prakash was published in the journal Common Voices, Issue 4.

Our work on intellectual property reform are proactive measures at effecting policy change that go towards protecting and preserving an intellectual, intangible commons. We have opposed the Protection and Utilization of the Public-funded Intellectual Property Bill (an Indian version of the American Bayh-Dole Act) which sought to privatise the fruits of publicfunded research by mandating patents on them. We are working towards reform of copyright law which we believe is lopsided in its lack of concern for consumers and that its current march towards greater enclosure of the public domain is unsustainable. Believing that not all areas of industry and technology are equal, and that patent protection is ill-suited for the software industry, we have worked to ensure that the current prohibitions against patenting of software are effectively followed.

Defensively—that is working within the existing framework of intellectual property law—we seek to promote the various forms of copyright and patent licensing that have arisen as reactions to restrictive IP laws. Free/open source software and open content have arisen as a reaction to the restrictive nature of copyright law, such as the presumption under copyright law that a work is copyrighted by the mere fact of it coming into existence. (for instance, this was not so in the United States until 1989, till when a copyright notice was required to assert copyright). While earlier the presumption was that a work was to belong to the public domain, after the Berne Convention, that presumption was reversed. This led to the creation of the idea of special licences, by using which one could allow all others to share his/her work and reuse it. This innovation in using the law to promote, rather than restrict, what others could do with one’s works has enabled the creation and sharing of everything from Wikipedia, to Linux (which powers more than 85 percent of the world’s top 500 supercomputers) and Apache HTTP server (more than 60 percent of all websites). The advent of the Internet has allowed the creation of intangible digital commons.

We are also starting to engage with the question of telecom policy around spectrum allocation, and believe that promotion of a shared spectrum would help make telecom services, including broadband Internet, available to people at reasonable prices. We also believe that Internet governance should not be the prerogative of governments, and should not happen in a top-down fashion.

Comparisons between tangible commons and intangible commons have been made by people like Elinor and Vincent Ostrom, who in 1977 contributed to our understanding of subtractability and public goods. James Boyle has written about the expansion of copyright law as “the second enclosure movement”, following in the footsteps of the first enclosure movement against the take-over of common land which stretched from the fifteenth century till the nineteenth. Yochai Benkler, has written extensively on commons in information and communication systems as well as on spectrum commons. Just as Elinor Ostrom’s work shows how Garrett Hardin’s evocative ‘tragedy of the commons’ and the problems of free-riding are very often avoided in practice, Michael Heller’s equally evocative phrase ‘gridlock economy’ shows that ‘over-propertisation’ of knowledge can lead to a ‘tragedy of the anti-commons’.

Through this conference we wish to learn of the lessons that academic writings on tangible commons have to impart to intangible commons which are configured very differently (in terms of subtractability, for instance). Ostrom’s work shows how individuals can, in a variety of settings, work to find institutional solutions that promote social cooperation and human betterment. As part of her nine design principles of stable local common pool resource management, she lists clearly defined boundaries for effective exclusion of external unentitled parties. How does that work, when even the existing mechanisms of boundary-definition in intellectual property, such as patent claims, are often decried as being ambiguous thanks to the legalese they are written in? What of traditional knowledge for which defining the community holding ownership rights becomes very difficult? As Ostrom and Hess note, “the rules and flow patterns are different with digital information”, but how do these differences affect the lessons learned from CPR studies? How do Ostrom’s pronouncements against uniform top-down approaches to resource management affect the way that copyright and patents seek to establish a uniform system across multiple areas of art, science and industry (musical recordings and paintings, pharmaceuticals and software)? And how can Ostrom’s work on management of natural resources inform us about the management of resources such as spectrum or the Internet itself? These are all very interesting and important questions that need to be explored, and we are glad that this conference will help us understand these issues better.

Please read the article in Common Voices Issue 4 here

For more details visit https://cis-india.org/openness/blog-old/digital-commons

CIS Para-wise Comments on Cyber Café Rules, 2011

Prashant Iyengar — 2012-12-14T10:32:02Z

On February 7th 2011, the Department of Information Technology, MCIT published draft rules on its website (The Information Technology (Guidelines for Cyber Cafe) Rules, 2011) in exercise of the powers conferred by Section 87(2) (zg), read with Section 79(2) of the Information Technology Act, 2000. Comments were invited from the public before February 25th 2011. Accordingly, Privacy India and Centre for Internet and Society, Bangalore have prepared the following para wise comments for the Ministry’s consideration.

A. General Objections

These rules have no nexus with their parent provision, namely s.79(2). Section 79(1) provides for exemption from liability for intermediaries. Section 79(2) thereupon states:

79. Intermediaries not to be liable in certain cases—

(2) The provisions of sub-section (1) shall apply if—

(a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hasted; or
(b) the intermediary does not—

(i) initiate the transmission,
(ii) select the receiver of the transmission, and
(iii) select or modify the information contained in the transmission;

(c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf.

Therefore, by not observing any of the provisions of the Rules, the intermediary opens itself up for liability for actions of its users. However, the provisions contained in these rules have no rational nexus with due diligence to be observed by the intermediary to absolve itself from liability for third-party actions.

While the government may have authority to regulate cybercafes, that regulation should not be promulgated as rules under s.79(2). Doing so would be ultra vires s.79(2) itself.

Recommendation

These rules should be deleted in toto.

B. Specific Objections

These specific objections are in addition to the above-stated general objection, and do not detract from out recommendation that these rules should be deleted in their entirety.

Rule 2(c)

(c) “Cyber Cafe” means cyber café as defined in clause (na) of sub-section (1) of section 2 of the Act

Comment

The Act defines a cyber cafe as meaning “any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public”. This would include internet access provided in airports, in restaurants, and in many other places where the provisions of these rules (such as those about height of partitions, etc.) just will not be practicable. Thus, this provision will have unintended consequences.

Rule 3

Agency for issuance of license: Appropriate government will notify an agency to issue license to cyber cafes.

Comment

Rule 3 requires the issuing of a license for the establishment of a cyber café. We believe this is unwarranted since cybercafes, like most commercial establishments are already subject to registration and licensing under the “Shops and Establishments Acts” which have been enacted in all states. These Acts already specify an elaborate procedure for the application, registration and monitoring of all establishments and there is no need to multiply the levels of permission a cyber café must obtain. The current rules do not specify an application procedure, fee, and a maximum or minimum time frame within which such a license must be granted or denied nor does it specify the criterion on which such license applications will be evaluated. We think that in the absence of such legislative guidance, this provision is likely to be abused.

Cyber cafes in India contribute greatly to India’s increasing internet penetration and inserting a licensing regime would greatly impede access to the internet.

We believe that cyber cafes should be allowed to be established in the same manner as other shops and establishments, without the requirement of a special license.

Rule 4(2)

...When an user cannot establish his/her identify to the satisfaction of the Cyber Café as per sub-rule (1), he/she may be photographed by the Cyber Café using a web camera installed on one of the computers in the Cyber Café for establishing the identity of the user.

Comment

Sub-Rule 4 (2) Requires that if an individual is unable to establish identity, their photograph must be taken if they wish to use cyber café facilities. We believe that an individual’s photograph should be taken only as a last resort, where identity has been established.

Rule 4(3)

Children without photo identity card shall be accompanied by an adult with any of the documents as prescribed in sub-rule (1).

Comment

We recommend that children below 18 years should be specifically exempt from proving their identities to cyber café owners. Children are usually the quickest to adopt technology, and the requirement of possessing a valid identity might prove to be a deterrent to their developing computer skills. Likewise, being accompanied by an adult is also an onerous obligation since children’s access to the internet would depend on the availability of an adult/parent who may be too busy to accompany the child on every occasion the child wishes to access the internet or use a computer.

To reiterate, we feel that the current provision specially and adversely targets children from poorer classes (since they are most likely to routinely access internet through cyber cafes) and denies them the opportunity of developing their computer skills which are crucial for the growth of the “knowledge economy” that India is trying to head towards.

In addition, we believe that children are more susceptible to exploitation and consequently have a heightened privacy expectation which must be honoured. We recommend that the current sub-rule be deleted and replaced with a clause which specifically exempts children from proving their identity and forbids taking photographs of them under any circumstance.

Rule 5(1)

... Log Register: After the identity of the user has been established as per sub-rule (1) of rule 4 above, the Cyber Café shall record and maintain the required information of each user in the log register for a minimum period of one year. Also, Cyber Café may maintain an online version of the log register.

Comment

Rule 5(1) Provides a minimum period of one year that Cyber Cafes must retain their log registers. The rule does not specify the details which the log register must provide. In the interests of minimising threats to privacy, we recommend that these details recorded be confined only to the name and duration of use.

In addition, we believe that there should also be a coinciding mandatory deletion clause for the log register requiring details to be purged after the minimum retention period.

Rules 5(3)and 6(2)

5(3): “The cyber café owner shall be responsible for storing and maintaining following backups of logs and computer resource records for at least six months for each access or login by any user :

·    History of websites accessed using computer resource at cyber cafe

·    Logs of proxy server installed at cyber café

·    Mail server logs

·    Logs of network devices such as router, switches, systems etc. installed at cyber café

·    Logs of firewall or Intrusion Prevention/Detection systems, if installed.”

6(2): “The screen of all computers, installed other than in Partitions or Cubicles, shall face ‘outward’, i.e. they shall face the common open space of the Cyber Café.”

Comment

We recommend deletion of this rule since it is an unreasonable intrusion into a person’s privacy and an indirect attempt to censor content which users may wish to access. There are many uses of the internet for which a user may legitimately require privacy: For instance, patients, including HIV patients and those with mental illness, may wish to obtain information about their condition. Similarly sexuality minorities may wish to seek support or reach out to a larger community. Enforcing the architecture stipulated in this rule would discourage their access to such vital information. In addition, this architecture would make it easier for cyber crimes such as identity theft to take place since it would be easier to observe the login details of other users at the cyber café.

Rule 7(1)

Inspection of Cyber Café : “An officer, not below the rank of Police Inspector as authorised by the licensing agency, is authorized to check or inspect cyber café and the computer resource or network established therein at any time for the compliance of these rules. The cyber café owner shall provide every related document, registers and any necessary information to the inspecting officer on demand.

Comment

We recommend this clause be omitted since it confers unfettered and unsupervised powers on any Police Inspector to examine any cyber café premises he may choose without any restriction on time.

Additionally, the provisions of Shops and Establishments Acts of most states already prescribe a procedure for inspection of establishments and examination of records. The current rules merely add another layer of supervision to the existing laws without adequate safeguards.

Comment

Sub-Rule 5(3) holds cyber café owners responsible for the storage and maintenance of back up logs concerning the following information: history of websites, logs of proxy servers, mail server logs, logs of network devices, logs of firewalls installed. We believe that the maximum length for retention of this data should be defined and a mandatory deletion clause should be inserted requiring cyber café owners to delete these logs periodically. We further believe that access to the history of websites and mail server logs is a serious invasion of a person’s privacy, and should be omitted from the back up logs.

This is especially so when currently there is no requirement that cyber café owners maintain their logs under conditions of utmost secrecy and confidence.

For more details visit https://cis-india.org/internet-governance/blog/cyber-cafe-rules

Design!publiC

praskrishna — 2011-06-03T13:27:22Z

The Centre for Internet and Society in partnership with Centre for Knowledge Societies, Venkataramanan Associates, Centre for Law and Policy Research and LiveMint is organising Design!publiC on March 18, 2011. Design Public is a conversation about whether and how to bring design thinking to bear upon the challenges of government so as to promote governance innovation.

Background

The problem of governance is perhaps as old as society, as old as the rule of law. But it is only more recently -- perhaps the last five hundred years of modernity -- that human societies have been able to conceive of different models of government, different modalities of public administration, all having different effects on the configuration of society. The problem of governments, of governmentality, and of governance is always also the problem of how to change the very processes and procedures of government, so as to enhance the ends of the state and to promote the collective good.

Since the establishment of India’s republic, many kinds of changes have been made to the policies and practices of its state. We may think of, for instance, successive stages of land reforms, the privatization of large-scale and extractive industries, the subsequent abolition of the License Raj and so and so forth. We may also consider the computerization of state documents beginning in the 1980s, and more recently, the Right To Information Act (RTI). More recently there have been activist campaigns to reduce the discretionary powers of government and to thereby reduce the scope of corruption in public life.

While all these cases represent the continuous process of modification, reform, and change to government policy and even to its modes of functioning, this is not what we have in mind when we speak of ‘governance innovation.’ Rather, intend a specific process of ethnographic inquiry into the real needs of citizens, followed by an inclusive approach to reorganizing and representing that information in such a way that it may promote collaborative problem-solving and solutioneering through the application of design thinking.

The concept of design thinking has emerged only recently, and it has been used to describe approaches to problem solving that include: (i) redefining the fundamental challenges at hand, (ii) evaluating multiple possible options and solutions in parallel, and (iii) prioritizing and selecting those which are likely to achieve the greatest benefits for further consideration. This approach may also be iterative, allowing decisions to be made in general and specific ways as an organization gets closer and closer to the solution. Design thinking turns out to be not an individual but collective and social process, requiring small and large groups to be able to work together in relation to the available information about the task or challenge at hand. Design thinking can lead to innovative ideas, to new insights, and to new actionable directions for organizations.

This general approach to innovation -- and the central role of design thinking -- has emerged from the private sector over the last quarter century, and has enjoyed particular success in regards to the development of new technology products, services and experience. The question we would like to address in this conference is whether and how this approach can be employed for the transformation public and governmental systems.

What is the Evidence that Design Thinking Positively Impacts Governments?

Many European countries have government-supported design conglomerations for the purposes of enhancing business and the government’s interface with the public. Design Council in the UK not only works to create public identities but also helps formulate national design strategies that help the United Kingdom to differentiate its national brand and achieve broad national benefits. Elsewhere in the UK, a private organization, Think Public, and various governmental agencies, are working through a consultative approach with citizens to better target governmental services so as to maximize citizen benefits.

In the context of public health, the first major public health information system has been built in Canada, and in many ways it may serve as a reference and benchmark for other countries around the world. The first deployment of a public health information system in developing country contexts is in Ghana, where a specialized Resource Center is even now being conceived to enable the support and further development of this new system.

In India, early innovation research and concept development activities by the Center for Knowledge Societies for the Gates Foundation has shown promising results in terms of new opportunities to enhance the quality of health care delivery through the Bihar pilot itself, using the tools and techniques of ethnography, design, and user experience enhancement. In its studios in New Delhi and Bangalore, it has hosted innovation workshops with international health experts, public officials and other stakeholders to envision new kinds of technologies and solutions for improving public health delivery. In future, it may be possible to organize these kinds of efforts in the form of an Innovation Lab or Innovation Center.

Whereas, in the past, diverse attempts have been made to reform government, to make it more efficient, to reduce corruption and the arbitrariness of decisioning authority. Beneficial as these approaches may have been, they have not always been successful in fundamentally transforming the ways in which bureaucracies think about their mission, objectives and goals. They have not resulted in greater consumer orientation of these cadres, or greater public participation in the decision-making of these bureaucracies. These are the kinds of benefits that design thinking can bring to governmental and quasi-governmental bureaucracies.

In this conclave, our interest is to explore how design thinking and user-centered innovation might help such organizations better accomplish their mission and better serve their beneficiaries. We also seek to explore and establish particular modalities through which governance innovation can be achieved, as well as to identify key stakeholders and personalities gripped of the challenge of governance innovation. Our larger goal is to craft a path forward for integrating design thinking and innovation methodologies in the further re-envisioning, refashioning and improvement of public services in India and elsewhere in the world.

Specific Expected Outcomes

A shared understanding and common vocabulary around design thinking and innovation
A review of insights and outcomes from the event by members of government with a view to routinizing and institutionalizing innovation in government
A documentation of case-studies, concepts and perspectives from different participants emerging from the conclave
An emerging community of thinkers and practitioners interested in working together to share information and insights to accelerate governance innovation
A consensus on the modalities and occasion for the conduct of a follow-up conclave, possibly in Bangalore as soon as September 2011

An Invitation to Dialogue

Design Public is a conversation among a select group of high level thinkers and actors who care about public services design. No more than 50 persons will be in attendance. Presentations will be brief. Panel discussants will intersperse with the other participants for greater involvement and equal opportunity for dialogue and response. All attendees will be asked to participate in the emerging dialogue through the day.

Draft Schedule

10.00 am
What do Designers do? How can Physical, Informational and Interaction Design Impact the Everyday Life of Citizens?

Sunil Abraham, Executive Director, Centre for Internet and Society (Moderator)
Aditya Dev Sood, CEO, Center for Knowledge Socities
Abhimanyu Kulkarni, Design Director, Philips Design
Younghee Jung, Senior Designer, Nokia Corporation
Daniela Sangiorgi, Lecturer, Lancaster University
Sudhir Krishnaswamy, Founder, Centre for Law and Policy Research
Naresh Narasimhan, Principal Architect, VA Group

11.00 am

How Can the Government Best Use Designers and Design Thinking?

Aditya Dev Sood, CEO, Center for Knowledge Societies (Moderator)
Niels Hansen, Project Manager, MindLab
Aparna Piramal Raje, Design Thinker, Mint
Anant Shah, Program Officer, Bill and Melinda Gates Foundation
Harsh Shrivastava, Consultant (Planning), Planning Commission of India
Kiran Dhingra, Secretary, Ministry of Housing and Urban Poverty Alleviation
Shubhagato Dasgupta, Senior Research Fellow, Centre for Policy Research
Steven Solnik, Member-Government Performance and Accountability, Ford Foundation

12.00 pm

How can Social / Media Promote Design and Governance Innovation?

Suresh Venkat, Executive Producer, CNBC TV18 (Moderator)
Vibodh Parthasarthy, Associate Professor, Jamia Milia Islamia
Yatish Rajawat, Editor-in-Chief, Business Bhaskar
R. Sukumar, Editor, Mint
Sashwati Banerjee, Executive Director, Sesame Workshop India
Aditya Mishra, Founder, Headstart Foundation

1.00 pm

Working and Networking Lunch

2.00 pm

Innovation Workshopping Breakout Sessions

Track One:

Conducting Ethnography to Inform the Innovation Process

The group is responsible for coming up with an innovative approach to curbing power theft in peri-urban locations in India. Many factors are responsible for this phenomenon. What questions will you ask and how will you collect information on the ground to inform any future innovations you might come up with? (Case Study subject to change)
Brainstorming and Concepting in Response to Ethnographic Data

The group is responsible for conceptualizing a new ways to promote maternal and child health using mobile devices. Data on this question has already been collected and will be shown to you in the form of a brief presentation. You must come up with as many different ideas or concepts as possible using post-its. Then you must prioritize these concepts and vote on the ones you would like to see implemented. (Case Study subject to change)
Approaches to Institutionalizing Innovation in Government

This group will consider ways and means for accelerating and institutionalizing innovation in governance, through for example, the provision of knowledge, best practices, support, training, and organizational change. Ideas may include, but not be restricted to new kinds of handbooks, online sources, academic and applied training and other ideas. Approaches should be evaluated and prioritized prior to presentation back to the group.

4.30 pm
Team Presentations (over tea served at tables)

5.00 pm
What institutional and organizational models can best foster Governance Innovation?

Amit Garg, Director, MXV Consulting (Moderator)
Arun Maira, Member, Planning Commission & Member, National Innovation Council
R. Gopalakrishnan, Member Secretary, National Innovation Council
Mohammad Haleem Khan, Director, CAPART
D S Ravindran, CEO, Center of e-Governance, Government of Karnataka
Aditya Dev Sood, CEO, Center for Knowledge Societies

Other Notable Discussants and Interactants

Anil Khachi, Deputy Director General, UIDAI
Narahari Mahato, Member of Parliament, AIFB
N. Cheluvaraya Swamy, Member of Parliament, JD(S)
Syed Azeez Pasha, Member of Parliament, CPI
Moinul Hassan, Member of Parliament, CPM
Amit Garg, Director, MXV Consulting
William Bissell, Managing Director, FabIndia
Kalpana Awasthi, Officer on Special Duty (OSD) to Sam Pitroda
Abhimanyu Kulkarni, Design Director, Philips Design
D. Raja, Member of Parliament, CPI
Josh Glazeroff, Visa Chief, US Embassy
Pooja Sood, Curator and Director, Khoj Foundation
Ravina Agarwal, Program Officer, Ford Foundation
Nita Soans, Advisor, Center for Knowledge Societies
Ekta Ohri, Head of Project Operations, Center for Knowledge Societies

Individual Participation

In order to make each voice count, entry to the conclave will be by arrangement only. Others who are truly interested, should please drop us a few lines on how they would like to contribute and we will be glad to get back in touch.

There are no registration fees. However, we would like to see participants take their own initiative in covering their own travel costs and making their own arrangements for stay so far as possible. If specific needs are perceived, please communicate them to the organizers.

Institutional Participation

Confederations of industry, associations of management, departments of government and diverse development sector and civil society organizations are invited to express their interest in supporting this event.

Organizers

Center for Knowledge Societies (CKS)
Center for Internet and Society (CIS)

Sponsors

Venkatramanan Associates (VA)
Center for Law and Policy (CLP)

Date and Venue
The date for the event has been decided for Friday, the 18th of March, 2011. It will be held at the Taj Vivanta in Central Delhi.

Thought Leadership and Dialogue
Dr. Aditya Dev Sood, CEO, Center for Knowledge Societies
aditya@cks.in

Naresh Narasimhan, Principal, VA Associates
naresh@vagroup.com

Sudhir Krishnaswamy, Founder, Center for Law and Policy
sudhir.krishnaswamy@ashiralaw.co.in

Participation Enquiries

Sumeet Malhotra, Business Development Manager
sumeet@cks.in

Download the book here [PDF, 2.8 MB]
Download the case studies here [PDF, 641 KB]
Download the glossary here

For more details visit https://cis-india.org/events/design-public