Centre for Internet and Society

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

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)

Follow us elsewhere

Get short, timely messages from us on Twitter
Follow CIS on identi.ca
Join the CIS group on Facebook
Visit us at www.cis-india.org

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

2(m) or not 2(m)

praskrishna — 2011-04-01T15:55:48Z

An article by Nilanjana S Roy was published in the Business Standard on February 19, 2011. In this article Nilanjana Roy explains to us how a copyright amendment might change the way we read, write and publish in India.

Call this the war of the slogans. On one side, copyright lawyers and the Ministry of Human Resource Development offer the lure of cheaper books for Indian readers. On the other, publishers and authors speak of the death of Indian publishing as we know it.

Section 2(m), a proposed amendment to India’s copyright law that would allow the parallel import of books, is a dry piece of legalese, but it’s sparked a blog war, a flurry of publisher white papers, and a wide debate on copyright and territory.

The rationale is a legally sound one — to align Indian copyright law with Indian patent and trademark law, both of which follow the principle of “international exhaustion”: once a product has been legitimately sold, that product can be resold anywhere in the world without the consent of the owner of the copyright, be that the author or the publisher.

According to the Association of Publishers of India, “This proviso would mean that books published in any country could be freely made available and sold in India, without this amounting to infringement of copyright.”

Theoretically, parallel imports would allow a publisher or a printer who does not hold copyright to an Indian edition of a book to print his or her own editions of the book, under certain conditions, and release them back into the Indian market. There is also a fear among publishers that this might lead to widespread “dumping”, where the market is flooded with cheap, remaindered books.”

When this applies to books, specifically, one side argues that allowing “parallel imports” of books would open up the Indian publishing market to competition and would allow readers access to cheaper books. The other side argues that authors and publishers would suffer, and that in the long run, so would the reader. Thomas Abraham, managing director, Hachette India, states his position succinctly: “This would be the death of publishing and writing as we know it in India — and ironically by a surfeit of books.”

Step back from the rhetoric and the very complex issues involved about the intricacies of copyright law, territoriality in publishing, the book remainders market and book dumping, and here’s how the amendment is likely to affect readers, authors, publishers and booksellers.

Booksellers

Perhaps the sharpest summary comes from Landmark Bookstore’s Madhu Mohan: “As booksellers, we want to give our customers a wider range at a lower price. An open market immediately affords both: the cost of this is that publishers with Indian market rights might suffer. The more significantly affected parties are authors, publishers and readers. If, arguably, territorial rights are not sold, authors might earn lower advances. Publishers who have paid for territorial rights, are not able to get the full benefit of their monies. Readers should welcome the change, because at the outset they will get lower priced books.”

His view is echoed across the bookselling industry, with reactions ranging from indifference to the possible repercussions to cautious alarm — for many booksellers, a weak or damaged Indian publishing industry is also a negative.

Almost all booksellers agree that the short-term benefits of allowing parallel imports would be to lower the price of books. India already has among the lowest-priced English language books in the world, but it would be interesting to see if even lower prices reeled in a different kind of reader. As Mohan points out, book imports would be cheaper; books published in India by Indian or foreign authors would be adversely affected. The long-term scenario is another matter; if the Indian publishing industry is hit hard, we could be flooded with cheap, low-quality remainders, or lose price benefits in the long run.

Authors

For authors, what’s key about the 2(m) amendment is the way in which it would affect the writer’s copyright over his/ her work — and also the shifts it might bring about in the industry in general. Copyright lawyer Nandita Saikia observes that once a publisher effectively loses control over an edition of a book — if competing editions are allowed into the market — “This would significantly diminish the ability of publishers to invest in Indian authors and Indian writing.” From Abraham at Hachette to Chiki Sarkar at Random House to Tata McGraw Hill, there seems to be consensus on this aspect of the amendment.

In contrast, Pranesh Prakash of the Centre for Internet and Society argues strongly in favour of 2(m) and dismantling the “licence raj” that requires booksellers and distributors to have authorisation to import books: “Allowing people to import goods without permissions (with appropriate duties) is taken for granted in all other areas, so why not copyrighted works? After all, it is not the act of publication that gets affected, but the right of exclusive distribution.”

But many authors point out that publishing and bookselling operate differently from other industries, and the dynamics of writing and bookselling are not comparable. Author Amit Varma puts forward the writer’s objections: “As the author of a book, I should have the right to assign the rights to sell my book to any publisher in India that I feel like, and the law should protect that right, and my contract with the publisher. Parallel import obviously makes a mockery of that right, and can deny me significant potential royalties.”

Publishers

At Penguin India, Andrew Phillips is blunt: “We stand firmly against the amendment. Penguin is both a ‘foreign’ publisher and an Indian publisher and we believe it will affect both parts of our business. We don’t believe the effects will be minor — to the contrary, this would have a fundamental impact on the publishing business both for international authors and Indian authors who aspire to be read outside India.”

The publishers’ arguments are complex, but stripped of the technicalities, they rest on the question of territoriality. When publishing worldwide operates on the basis of territorial agreements — authors sell rights to their works for specific regions — opening up the market unilaterally makes little sense. India might open its market, via 2(m), to competing imports and editions; but Indian publishers don’t have the right to sell similar editions of books in the UK or US markets.

In other words, the market would open up only in one direction — and this could diminish Indian publishers’ ability to nurture new writing, release Indian editions of foreign authors, and pay authors significant royalties.

Behind the rhetoric, nothing about this proposed change in copyright laws is simple, and the repercussions for authors and publishers are likely to be both significant and adverse. There’s an interesting parallel in the Australian market, which, like the Indian publishing industry, is thriving but relatively young, and lacks the clout of the formidable US, UK and European markets.

Two years ago, when the move to allow parallel imports of books was discussed in Australia, that discussion was fierce, impassioned and hotly contested. Nor was it limited to the industry; when readers realised that the debate was really over what they would get to read, which authors would benefit or lose out, and how this would impact their intellectual lives, the debate went public.

In the case of Australia, it took a full year of discussion before it was finally decided not to introduce parallel imports for the publishing industry. Whatever the possible adverse effects — or benefits — of parallel imports, we haven’t had that discussion yet in India. It’s a necessary one, and it affects anybody equipped with a mind, a wallet and the ability to walk into a bookstore. This would be a good time to have it, before the law is set in stone.

The original article was published by Business Standard.

For more details visit https://cis-india.org/news/copyright-amendment

Withdrawal of Journal Access is a Wake-up Call for Researchers in the Developing World

subbiah — 2023-11-01T12:39:56Z

Guest blog by Leslie Chan, Barbara Kirsop, Subbiah Arunachalam (Trustees for the Electronic Publishing Trust for Development). This article was published in Speaking of Medicine PLoS Medicine community blog on January 17, 2011.

The news that several publishers have withdrawn access to health journals from the academic communities in Bangladesh has come as a wake-up call about the limitations of the HINARI programme. Many on the HIFA-2015 (Healthcare Information For All by 2015) forum feel this annoucement is a disaster, and that the only way to resolve the situation is to launch a concerted effort to restore journal access to those in Bangladesh.

In our opinion, this would be a retrograde step since, owing to the commercial nature of the journals in question, the same situation will inevitably arise in the future. Donor programmes do nothing to build research capacity, and access is governed by marketing decisions rather than research needs. The Electronic Publishing Trust for Development has been working in partnership with many other organisations (including Bioline International, SciELO, MedKnow Publications, and Open Access Scholarly Information Sourcebook (OASIS) ) to promote the development benefits of open access journals and archived articles in open access institutional repositories.

But in the face of powerful UN organisations (WHO, UNEP, FAO) and commercial publishers of prestigious journals offering ‘free access’ it has been difficult to persuade dependent communities that open access is sustainable and could do much to strengthen research in poorer countries.

We would like to make the following points:

HINARI is primarily about access to knowledge from the North by the South. The underlying assumption that this is all that is needed must be challenged. Using Virginia Barbours firefighting analogy, information about useful techniques involving high tech equipment and sophisticated training may be made freely available on the web, but it may not be applicable to firefighters in poor countries where the infrastructure is missing. The information may be irrelevant and therefore of little use. Meanwhile local knowledge about how to prevent and fight fires (or in our case, carry out new research) is not recorded and shared because of lack of infrastructure. Even when it is recorded and “published”, it is largely inaccessible because of the low visibility of “local” journals. So the sharing of locally relevant research information can never be solved by HINARI, even if accession to all the withdrawn journals (Northern journals) were restored.
The current scholarly communication system is controlled by the North and how knowledge is legitimized, validated, and rewarded is based on criteria set by the North. This structural inequality is a long-standing problem for research and dissemination from the South. It follows that the need for open access is more pressing for researchers and front line health workers in the developing world, because it promises not only access, but participation in research exchange and new forms of knowledge dissemination. Programs such as HINARI have actually slowed down progress towards open access in these parts of the world because – coming with the legitimacy of the UN organizations – they have diverted attention from the need to build truly local and sustainable infrastructure. More importantly, they have diverted attention from looking at alternative mechanisms for knowledge creation and sharing.
Open source digital repository software and journal publishing systems are now widely used and scholars and research bodies in the developing world are starting to take advantage of these tools and share experiences. There are also a variety of sustainability models for the equal distribution of research publications that are beginning to emerge, and these need to be nurtured and discussed more broadly at the local and the national level.
Health knowledge (and indeed all publicly funded knowledge) is a global public good and as such, requires a different funding and global governance system. The current approach, whereby each institution purchases its own subscriptions is one reason why we have a highly dysfunctional system of paying for scholarly publications. At a pre-International Federation of Library Associations (IFLA) conference in 2010, Leslie Chan proposed a “1%” challenge” to library directors. If all the major research libraries around the world were to set aside 1% of their acquisitions for commercial licenses into a global open access fund, there would be hundreds of millions of dollars available to support diverse open access initiatives around the world. This is one of many possible scenarios that could solve funding for open access. The dismay felt in many developing countries caused by the announced withdrawal of access to information in Bangladesh signals the need to think differently and collectively.
It should be recognised that when publications are made freely available, usage by developing countries is very high indeed, proving the overwhelming need for all information to be available open access and on a sustainable basis. As an example, the link to statistics of usage of the Venezuelan University de Los Andes institutional repository, see http://goo.gl/S1p9N, shows how important these resources have become. Similarly high usage figures are recorded by organizations provindg an open access platform for local journals, eg SciELO, Bioline International and MedKnow Publications. Pre-open access local journals become post-open access international journals, with records showing that improved submissions, impact and sales of hardcopy versions follow from increased visibility and access.
Where is the leadership of the WHO in this important debate? Where are the other UN agencies? Since open access to all publicly funded research, not only in health, but in agriculture, the environment and all other aspects of research is urgently required to help solve global problems, these organisations should be leading the way.

The following links to websites and articles may be of interest to readers concerned about access to research information by the academic communities in the developing world:

Bioline International

SciELO

MedKnow Publications

Electronic Publishing Trust for Development

Open Access Scholarly Information Sourcebook (OASIS)

Publications

[i] “The chain of communication in health science: from researcher to health worker through open access”. Open Medicine 2009; 3(3):111-119

[ii] “Open Access: a giant leap towards bridging health inequities. Bulletin of the World Health Organization 2009;87:631-635

[iii] “Access to Scientific Knowledge for Sustainable Development: Options for Developing Countries”. Ariadne Issue 52 (July 2007).

Competing interests: Leslie Chan, Barbara Kirsop and Subbiah Arunachalam are trustees of the Electronic Publishing Trust for Development, which promotes open access. Leslie Chan is the Director of Bioline International.

Read the original article here

For more details visit https://cis-india.org/openness/blog-old/withdrawal-of-journal-access

Open Letter to the Finance Committee: UID and Transactions

praskrishna — 2011-02-24T13:35:11Z

Since official documentation from the UIDAI is very limited, we assume that data pertaining to transactions would comprise of the Aadhaar number, identifier of the authenticating device, date-time stamp, and approval/rejection/error code. Recording and maintaining of data pertaining to transactions is very important because it increases transparency and accountability through an audit trail. However, storage of such sensitive data creates many privacy risks, because more often than not metadata gives you as much intelligence as raw data.

For example – even if you didn’t have access to the Radia recordings – just knowing who she called, when, how frequently, in what order, and for how long, will give quite a comprehensive picture. Thus, we believe that such data should not be fully stored in a central database. By way of an open letter, we suggest three alternative ways of storing and securing data relating to transactions, so that transparency and accountability is preserved without enabling surveillance or profiling of individuals.

Partial storage of data relating to transactions

Once a transaction is processed, half of the UID number is stored in the central database, while the other half of the number is stored with the service provider. Thus, for an agency to reconstruct the audit trail they must seek consent from the service provider and the UIDAI for information regarding a specific transaction. The process would follow steps like these:

Send part of the Aadhaar number to the CIDR
Service provider stores part of the Aadhaar number locally.
Law enforcement and intelligence agencies seeking transaction data securing required approvals from the Home Ministry and then request data from the UIDAI and service provider
Data is provided by UIDAI and the service provider and combined to reconstruct the audit trail.

Storage of the public keys with a custodian

Similar to the model followed in the new wiretapping regulations1, the transaction details in the central database is secured using several custodians. Thus, no single entity has complete knowledge of access to the database. And if the transaction details are leaked to the public, the custodian can be held responsible for negligence. Thus, for an agency to reconstruct the audit trail they must seek approvals and request encrypted data. The process would follow steps like these:

Encrypt transaction data with the public key of the ‘custodian’
Store encrypted data in CIDR
Law enforcement and intelligence agencies seeking transaction details require approvals from the Home Ministry, and then request encrypted data from the UIDAI.
The custodian on receipt of the necessary approvals decrypts the data using his/her private key, and then the audit trail becomes available.

Complete storage of transaction details at the service provider level

After a transaction is processed, the information is encrypted and stored in a de-centralized manner with the service provider, thus agencies or individuals can only access information regarding a specific transaction at a specific organization. The process would follow steps like these:

Encrypt transaction data
Store encrypted data at service provider level
Law enforcement and intelligence agencies seeking transaction details require approvals from the Home Ministry, and then request encrypted data from each service provider. Audit trail is reconstructed by merging data sets from different service providers.
The CIDR will only hold Aadhaar number, date-time stamp, and approval/rejection/error code.

Note

1 http://timesofindia.indiatimes.com/india/Tapping-norms-Govt-will-erase-private-talk/articleshow/7407633.cms

For more details visit https://cis-india.org/internet-governance/blog/privacy/uid-and-transactions

Can the twitterati change the world?

praskrishna — 2011-04-01T16:30:10Z

Whether it is the Ganapati immersion in Mumbai or a labour union dharna at Jantar Mantar or a hunger strike in Kolkata, India has had a rich history of people coming out on the streets. However, as cities are reshaped in the image of a 'world-class city', public spaces are being steadily appropriated into gated communities which cater to an elite section of the population.

Although the shrinking of public spaces is not the only reason the younger urban population is engaging with cyber space, it has certainly contributed to the shift. The recent historic transformations that have taken place in Egypt and Tunisia show that the digital sphere, which cannot be wholly regulated or shut down, has become the platform for protest.

When a 26-year old university graduate in Tunisia lost his only source of income after the police had confiscated his fruit and vegetable cart, he set himself on fire, setting into motion a nationwide protest which resonated through the internet. People poured into the streets and stood fast until the authoritarian president, Zine El Abidine Ben Ali, left the country. "Without the internet, it would be possible for the massacre to happen in silence for us and for the outside world. Five years ago, without Facebook and Twitter, the same uprising would have been smothered, " says an anonymous Tunisian interviewed by @kyrah (Twitter).

In Egypt, as well, technology was harnessed to spread the word across a huge and unprecedented section of the population within a short span of time, engineering the mob gathering we saw in Tahrir Square.

In the vastly different political context of India, digital activism serves the purpose of increasing openness, access and transparency.

Nishant Shah, the Research Director for the Centre for Internet and Society in Bangalore argues that the evolution of digital activism in India in the first decade of the 21st century can be seen through the emphasis on creating open structures of arbitration, justice, policy and jurisdiction. "The effort has been to grant access to the state, its governance and resources to the citizens, " he says.

Initially, digital natives in India were considered programmers or techies who were not just web savvy but technologically aware. For example, Vote Report India, a citizen-driven electionmonitoring platform, was the brainchild of software developers, designers and other professionals. Maesy Angelina, whose research for her MA looked into understanding the involvement of youth in online campaigns in India, argues that the way in which digital natives are perceived has been changed, "Since the Pink Chaddi campaign, a new angle becomes more prominent: one that views digital natives as regular people who have grown up with the internet and are web savvy, but not necessarily techies. "

Campaigns such as Batti Bandh, Justice for Jessica, the 2008 Gateway of India rally after the Mumbai attacks, and most recently the group called "It's my Arunachal, Dream on China, " have leveraged the existing networks on social media websites.

However, digital activism when transplanted into a developing country such as India leverages its own forms of discrimination, excluding sections of the population without the cultural, economic and educational capital to gain access to these spaces. While the medium can be useful in generating public dialogue, it is not enough to sustain a movement if it cannot reach non-internet users. Though technology can be used to organise, these protests must then manifest into public gatherings.

"The digital can help us in re-appropriating and reclaiming the fast disappearing physical spaces of public engagement, gathering and participation in our cities, " says Shah. "The technology is not an alternative, but is embedded in the physical worlds we inhabit and it becomes a powerful tool to fight back and demand the spaces that are central to the imagination of a coherent, responsible and sapient public. "

Fight-Back, an online gender equality campaign launched in 2008, now has about 4, 000 members on its Facebook group, who act as a volunteer database nationally. The group uses its website and social media to create awareness and start a conversation which then translates into events such as their Music for Equality concerts and Women's Day marches. The group's founder, Zubin Driver, 41, argues that digital activism is on the rise in India, "Mobile phone penetration in India is already 700 million. Once internet via mobile phones becomes more common, digital activism will cut across class, caste and geographical boundaries. "

Parmesh Sahani, the founder of the Godrej Culture Lab and the author of Gay Bombay, says that even though the audience for digital activism is restricted to English-speaking, twittering, Facebooking people, congregating online often leads to people coming out on the streets. "There are great opportunities in the intersections between the digital medium and actual physical spaces. The overspill of the Mumbai Gay Pride parade into cafês near the official route goes to show that activism still persists in the peripheries of regulated spaces. "

Though often vilified as armchair activism or slacktivism, digital activism has a role to play in facilitating community building in a changing urban landscape. The new forms of organisation and intervention have the potential to be more inclusive than older modes of social transformation, crossing geographies and communities. "Every medium comes with a promise and possibility of change when it's introduced - television, print, radio, loud speaker, " says Patheja. "The conversations on the internet don't usually end there;the participants of the movement hopefully carry these ideas and beliefs to their other linked communities or spaces. "

However, all new platforms come with pitfalls. "The power of the internet and wireless social networks as tools of dissent is now well established, " says Rajni Bakshi, author of Bazaars, Conversations and Freedom. "What is not so well known is that the future of the internet itself is under threat - not just from dictatorships and repressive regimes, but from an assortment of private, profit-motivated entities. "

Read the original in the Times of India here

For more details visit https://cis-india.org/news/twitterati-change-world

Thomas Abraham's Rebuttal on Parallel Importation

pranesh — 2011-08-04T04:47:12Z

We engaged in an e-mail conversation with Thomas Abraham, the managing director of Hachette India, on the issue of parallel importation of books into India. We thought it would be in the public interest to publish a substantive part of that conversation. In this post he points at great length how our arguments are faulty. While we still believe that he doesn't succeed, we hope this will clarify matters a bit.

Nature of disagreement

There is essentially fundamental disagreement on principle and definition-and I guess there will always be if you knock actual knowledge and see things as abstract philosophical (and legal) points. Why I think detailed knowledge is necessary is precisely illustrated at the logic (or lack thereof actually) employed by the Ministry. And then there is to me the fundamental problem of disregarding the author's wishes (for no greater good).

Second hand books and libraries

The comparison is not the same. Both (second-hand and libraries) have had a first sale where the copyright holder has got his/her basic right-the designated royalty. (I have explained earlier how export royalties and remainder royalties are much lower and results in losses to the author.) So here we come back to the basic philosophy-who has greater right on deciding on creative works? The creator or the government? A just answer would be the creator provided commercial dissemination fulfilled society's needs-which in India's case would be availability and right pricing keeping in mind socio-economic needs. Both are happening through local publishing and pricing of imports. But parallel imports would take away that right an author has of deriving a rightful income as per existing norms in all mature markets (including India so far). We are heading towards being a mature market and this has come about only because we are in the self-perpetuating framework of publishing, writing, and cultural development.

So the argument is that second hand books and libraries foster reading without depriving the author of rightful royalty or ruining the market.

Parallel importation does both. There is every reason to know that this will happen-that's exactly the substantiation we are offering. And the advocates of parallel importation have none to offer-pricing (where is it high, and by how much should it come down?), what is not freely available and at special prices? So for what reason do we want the existing law-also made by lawmakers-to change the stated remit of exhaustion from national to international.

No book publisher objects to libraries or even second hand books. But they are objecting to parallel importation. So leave it to them to decide. It is a tad patronizing to tell us what will help us, without having a shred of actual knowledge.

Helping libraries and disabled

This is completely false. No library needs to import from Amazon. And if it is a public library then they are wasting taxpayer money. Almost any book in the world they will still get at a special price through Indian publishers or distributors. There are societies for the disabled to whom publishers give rights at almost no cost. The UK has a law that a copy must be made available at near cost for disabled. By all means have such a law here. Why try and use parallel importation as an excuse for this?

Flexibility in the law

To your point: "Even if prices don't fall, it is good to have the flexibility for libraries to import four copies of a book that students need and isn't being made available in India. That flexibility is crucial, for availability, and just on principle, and not just for the sake of prices". By all means pass the law that gives the libraries the right to import 5 copies of any book they want. Publishers won't gripe at that. Libraries would still get it cheaper here than Amazon but that's the libraries' call.

Law should promote fairness and equity, not perpetuate a particular business model

No disagreement here. But the contention is that it will result in exactly the opposite. Sure, so let the lawmakers demonstrate they have done due diligence and outline evidence for their assumptions and how it will promote fairness and equity. What is unfair right now and what is not equitable? And how this law will address that. Why do other markets have it, and why should we not? On no count is there any detailing-just three false assumptions-availability, pricing and current editions.

Equally one can't have the law being made the proverbial ass because the lawmakers won't do their homework.

Export and remainder royalties are lower

I explained export vs domestic royalties in my first rebuttal. Not just remainders. Remainders are near zero royalties. Export surplus even pre-remainders are low royalty-against the author's wishes. And parallel importation will result in further loss of royalties from loss of sales of the hitherto legitimate edition.

Why anti-dumping laws will not be practical

Firstly there will be 40,000-plus titles to track, and the damage would have been done by the time you invoke the law. And assuming we want to invoke anti-dumping law, what parameters will be fixed? what discount are you going to fix? What quantity? I'll explain why this will never work. There are no real averages to draw lines and say this much and no more for either discount or price or quantity. To understand why we need to understand cost to price structures. Indian publishing (both publishing and imports) is low margin. Our books are priced to market; that means from cost our mark up is 2.5 times for imports and about 3-4 on average for local publishing-to enable the prices you see. Abroad it is 8-10 times from cost. To enable low pricing in India, we already have overseas terms that exceed 70% discounts, going into 'net pricing' for the ones that we pick to push big. Once the market is opened up, you will have two things-(a) targeted remainders as against the minor trickle now and (b) surplus clearance or even targeted sale to undercut the existing lawful edition. And I repeat the point that these remainders and 'targeted exports' can still end up undercutting the local edition. Not significantly enough to cause a change in pricing pattern (no benefit to consumer), but enough to undermine existing industry structures.

And yes, parallel importation (the current trickle) does see enforcement the logical way (by which I mean that the intensity of the problem merits the level of redressal). So far (believe me, each of us keeps tabs) we have 'unaware imports' and 'deliberate imports'. It is an irritant but is gradually reducing as the market matures. And the unaware ones are easily remedied by a simple letter asking for infringing stock to be withdrawn. In fact 8 out of 10 cases this simple letter works. For the deliberate ones, as I said earlier, it's just one or two where the impact is not worth the cost. Our margins do not allow us to hire expensive lawyers. But the moment it touches key brands or high revenue, legal action is taken.

Market expansion

Again the inherent assumption that this is some 'fat cat' lobbying protest. For once the lawmakers need to apply themselves-why is everybody from Penguin & Hachette (biggest) to Zubaan and Yatra (amongst smallest) all opposing it? Similarly from Crossword (large chain) to 'The Bookshop' in Jor Bagh (small independent), nobody wants this. Why? Surely that must speak for something? The only ones it will benefit are the remainder stalls you see (of which there must be about 25-30 all over the country). But over time every bookshop will be forced to keep this kind of stocking eroding current shelf space (they will have no choice). This is not market expansion.

Pricing drop

The other thing being ignored is that it's not just short term spoiler pricing. When one thinks in purely theoretical terms and says "open up, prices will drop", one is also not factoring in that the composition of what is stocked will changed. It's no longer status quo at reduced prices. That's the key to a mature market, that what the market needs is available-from bestsellers to literary works to philosophical works-balancing commercial and cultural needs and at prices the market can afford. So sure we can sit back and say we don't care if the history and philosophy shelves are eroded, if local publishing shrinks, let market forces prevail and let there be just foreign mass market novels and old editions (which will flow in by the thousand). But I'd like to hear the government say that.

Not just about copyrighted books but about all copyrighted materials

Yes, and we're not commenting about the others (other materials, i.e.) because we do not know enough. But we cannot have one size fits all if there are legitimate grounds to think about otherwise. Why is there a redressal of authors' needs in the music and film industry and a total disregard of books? Why were there panels created to discuss and thresh the whole thing through for films, and no detailed consultation at all for the books industry?

For more details visit https://cis-india.org/a2k/blogs/parallel-importation-rebuttal

Conference Report: 'Privacy Matters' Bangalore

praskrishna — 2011-02-08T05:13:24Z

On February 5th the 'Privacy Matters" conference was held at the TERI Regional Center in Bangalore. The event was a full day and centered around issues of privacy including: privacy rights of minorities, privacy and open government data, and privacy and identity.

Conference Summary

On the 5th of February, civil society, lawyers, students, NGO’s, and representatives from the IT companies gathered together at the TERI Southern Regional Center to take part in 'Privacy Matters' - a public conference held to discuss privacy issues in India, and the privacy legislation that has been proposed in the parliament. The conference was opened by Prashant Iyengar, head researcher at Privacy India. Mr. Iyengar explained the mandate of Privacy India, which is to raise awareness of privacy, spark civil action, and promote democratic dialogue around privacy challenges and violations in India.

Keynote: Ashish Rajadhyakksha, Senior fellow, Centre for the Study of Culture & Society

Mr. Rajadhyaksha delivered the keynote speech. In his presentation he focused on privacy in relation to the changing nature of the individual. He pointed out how humans are now becoming technologically enhanced individuals - in essence cybernetic organisms. These technological enhancements can be both positive and negative, but in both cases come with multiple and complicated questions of privacy, because the technological enhancements facilitate everyday life but at the same time create possible privacy violations. He further raised the point that people are not aware of these privacy implications, and thus violations of privacy are not seen as coercive acts, and people do not see their liberty as being placed at risk or challenged.

QUESTIONS TO CONSIDER

How do we define claim rights vs. liberty rights in terms of privacy ?

How do we define our rights in terms of privacy?

Privacy and Minorities: Session I of the conference focused on the privacy rights of minorities and privacy and open government data

Zainab Bawa, CIS RAW fellow spoke on Privacy and Open Government Data. Her presentation, titled Property Rights, Privacy, and Open Government Data looked at how data by governmental agencies is handled. Her research is specifically on land records and the government. In her work she looks at:

How data bases are designed

How documents are translated into English
How hard copy documents are digitized

How information is posted

What are the privacy implications for all these processes

Shubha Chacko from Sangama spoke on the issues of sex workers and questions of privacy. Ms. Chacko opened her presentation by pointing out that there is a common conception that sex workers have no rights to privacy. She then talked about the precarious position sex workers find themselves in, because the law and society find it offensive that a sex worker brings into the public sphere what society believes is to happen in the private. Ms.Chacko also spoke on the invasive techniques that sex workers are subjected to such as HIV intervention and open disclosure of health records, and how these invasive techniques take away the privacy of sex workers. Furthermore, the nature of sex workers work means that they are not privy to the same right of anonymity that many believe is an important principle of privacy. Ms. Chacko closed her presentation by pointing out that the UID might actually bring privacy to sex workers. Closing the panel, Sahana Basavapatna spoke on refugees, the UID, and privacy. Ms. Basavapatna spoke about the difficult situation that refugees are placed in as they have no identity in India, but are also easily identified.

QUESTIONS TO CONSIDER

How can a privacy legislation insure that when data bases are architected, they are structured in a way that is appropriate for that type of data?

How can a privacy legislation work to ensure that when records are digitized, information is not lost or manipulated?
What are ways in which the Government can post data, so that it is both open and not in violation of an individual’s privacy?

How can a privacy legislation ensure anonymity for all citizens when necessary?

Should specific steps be taken in a privacy legislation to ensure the privacy of minorities such as refugees and sex workers?

How can a privacy legislation be framed and implemented in order to not perpetuate existing societal stigmas?

Identity and Privacy: Session III of the conference focused on identity and privacy

Hamish Fraser (Partner at Truman Hoyle, Sydney, Australia) spoke on the Australia Identity card, and how, among other reasons, it was privacy concerns that squashed the identity card in Australia. Furthermore, out of the attempt to make an Australian Identity Card, the Privacy Act of 1995 was passed. Currently in Australia individuals do not have identity cards, but instead they have numbers for different services – such as a tax number, a health number, and a driver license number. These numbers are not unique, and one number for a certain service cannot be used for another service, thus the government cannot track an individual by their number. Mr. Hamish also touched on the ten principles of privacy that the Australian legislation adopts, and pointed out that though the legislation does not have strong teeth, in Australia there is a strong culture of privacy that makes the law enforceable. Michael Whitener (Principal and co-founder of VistaLaw International LLC) spoke next. His presentation titled “Science Fiction Becomes Reality, but at What Cost” focused on the privacy aspects of biometrics and changing technology.

Raman Chima, Privacy analyst for Google, was the final speaker on the panel. Mr. Chima worked to expose myths that people hold about why Google collects information, and how they use that information. For instance Google gathers limited information to develop valuable products and services, and to develop innovative products that reflect strong privacy standards. Mr. Chima also pointed out that though online tracking can have negative implications, it also has many positive implications - such as allowing spam to be stopped and tracking disease in areas. He concluded his presentation by urging citizens to become more informed, and ask for more rights. He also pointed out that privacy has yet to be spelled out and presented in a way that any person can comprehend, understand, respect, and follows

QUESTIONS TO CONSIDER

Should a privacy legislation regulate how much access to private citizens records is the government granted?
How can a privacy legislation be drafted and implemented, so that is practical and applicable for the common citizen?
How are court regulators going to balance the privacy rights against the need for authentication?

What will be the requirements for securing storage of biometric data?

How will a legislation or privacy policy respond to security breaches?
How will legislation answer the question of what constitutes "consent"?

What privacy principles should a privacy legislation in India enforce?
Should a privacy legislation allow an individual to be “forgotten”?
How could a privacy legislation be given either legal or social teeth in India?

Privacy and Social networking Session IV of the conference focused on privacy and social networking

Ujjvala Ballal from Inclusive Planet , a social networking site for the disabled, focused her presentation on the privacy rights of the disabled. She raised the point that disabled people have been struggling for equal access rights for many years. In the process they have lost much of the privacy that they have a right to. She went on to explain that there are many privacy issues that are unique to a disabled persons. Some of which include: the disclosure of their disability, the stigma that comes along with their disability, and the denial of services based on their disability.

Gagan K. (NLSIU Law Student) spoke on Privacy Issues in Social Networking Websites. Gagan pointed out that on social networking sites privacy issues include:

Data mining

Profiling

Third party disclosure.

QUESTIONS TO CONSIDER

Should information pertaining to the disabled be held to higher standards of privacy, because of its sensitive nature?

How can a privacy legislation be drafted, so it is accessible to the disabled?

Could a privacy legislation construct regulations on the handling of data, in order to prevent profiling and discrimination?

Conclusion: the concluding session was a time for discussion and opinion sharing

From the closing session, and the above sessions many themes and questions pertaining to privacy came out that will need to be addressed when considering the way forward for a privacy legislation including:

Property rights and privacy

The right to be forgotten

Privacy rights of minorities

Privacy and open government data- how is it collected, transferred, stored, and reproduced
Privacy and foreigners (refugees, illegal migration, etc)

Recognizing privacy rights in a changing technological society

Privacy implications of biometric usage
Privacy rights superseding identification needs
Corporate privacy policies
Privacy rights and the disabled
Privacy rights and social networking

For more details visit https://cis-india.org/internet-governance/blog/privacy/privacy-conferencebanglaore

January 2011 Bulletin

praskrishna — 2012-07-30T11:25:44Z

Greetings from the Centre for Internet and Society! It gives us immense pleasure to present regular updates on the progress of our research on the mainstream Internet media. In this issue of we bring our latest project updates, news and media coverage:

Researchers@Work

Digital Natives

Column on Digital Natives

Is That a Friend on Your Wall? [published in the Indian Express on 9 January 2010]

Workshop

The third and final workshop in the Digital Natives with a Cause? research project will take place in Santiago, Chile, from the 8 to 10 February. Open Call and FAQs for the workshop are online:

Blog Entry by Maesey Angelina

Maesy Angelina is a MA candidate 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 latest is:

The Digital Tipping Point

Announcement

Rising Voices Seeks Micro-Grant Proposals for Citizen Media Outreach

Accessibility

New Blog Entry

Accessibility in Telecommunications

Intellectual Property

Copyright, patents and trademarks are the most important components on the Internet. 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 Entry

New Release of IPR Chapter of India-EU Free Trade Agreement

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 cybercrime 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.” Within the larger field of Internet governance, the Internet Governance Forum (IGF), a multi-stakeholder policy dialogue forum that was instituted by the WSIS processes and that is their only formal outcome, has fast emerged as one of the key institutions. As the definition quoted above indicates, a unique feature of the field of Internet governance is that, unlike many other governance spheres, it does not only involve governments. Historically, not only governments but also the technical community and private players have played a crucial role in the development of the Internet. In the context of the IGF, that role is not only explicitly acknowledged but also institutionalised as the IGF formally brings together governments, private players and civil society actors from all areas of and organisations involved in Internet governance. Moreover, now that the open and egalitarian potential of the Internet is increasingly under attack, this unique nature of the IGF, in addition to its WSIS roots, has made it a prime venue to remind stakeholders in all areas of Internet governance of the commitment they have made earlier to building a “people-centred, inclusive and development-oriented Information Society” (WSIS Geneva Principles, Para 1). CIS involvement in the field of Internet governance has the following shape:

New Blog Entry

Jurisdictional Issues in Cyberspace

Privacy

CIS has undertaken many new and exciting projects. One of these, "Privacy in Asia", is funded by Privacy International (PI), UK and is being completed in collaboration with Society and Action Group. "Privacy in Asia" is a two-year project that commenced on 24 March 2010 and will complete within two years from the commencement date, unless otherwise agreed to by the parties. The project was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around privacy challenges and violations in India. In furtherance of these goals it aims to draft and promote an over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.

Apart from "Privacy in Asia" CIS is also participating in the " Privacy and Identity" project, which is funded by the Ford Foundation and managed by the Centre for Study of Culture and Society. The project is a research inquiry into the history of Privacy in India and how it shapes the contemporary debates around technology mediated identity projects like Aadhaar. The "Privacy and Identity" project started in August 2010.

New Blog Entries

Staff Update

Prashant Iyengar is a lawyer and legal scholar who has worked extensively on intellectual property issues particularly focusing on copyright reform and open access. He is a past recipient of an Open Society Institute fellowship for research into Open Information Policy, and has been affiliated with the Alternative Law Forum – a collective of lawyers in Bangalore engaged in human rights practice.

Prashant joined the Centre for Internet and Society as a lead researcher in the Privacy India project recently.

Telecom

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.

The policy langurs [published on 6 January 2011]

News & Media Coverage

Civic hackers seek to find their feet in India (Livemint, 24 January 2011) and (IndiaInfoline, January 2011)
A Tweet and a poke from the CEO (Livemint, 24 January 2011)
Clicktivism & a brave new world order (Mail Today, 2 January 2011)
Would it be a unique identity crisis? (Bangalore Mirror, 2 January 2011)
Nel suk dei nativi digitali. Perché gli studenti 2.0 hanno bisogno di una bussola per orientarsi (Il Sore24 ORE, 2 January 2011)
A Refreshing Start! (Verveonline, Volume 19, Issue 1, January, 2011)
Getting Connected (Livemint, January 2011)
Knowledge Warriors (Il Sore24 ORE, January 2011)
Nishant Shah Quoted in Livemint 2011 Tweet-out (Livemint, January 2011)
Digital Natives with a Cause? - Workshop in Chile seeks participants (Bahama islands info, 30 December 2010)
Mothers discuss kids, music, fashions, on Net (The Hindu, 26 December 2010)

Follow us elsewhere

Get short, timely messages from us on Twitter
Follow CIS on identi.ca
Join the CIS group on Facebook
Visit us at www.cis-india.org

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

E-Governance Interoperability Framework — Meeting in Iraq

praskrishna — 2011-08-18T05:04:49Z

A meeting to create a plan of action for the development of e-Governance Interoperability Framework (e-GIF) in Iraq and include formulation of an e-GIF policy and technical document within the larger framework of public sector modernization, was held from 25 to 27 January 2011. Sunil Abraham was the main resource person for this meeting.

Mr. Abdul Kareem Al-Samaraii, Minister of Science and Technology and Mr. Peter Bachelor, Deputy Country Director, UNDP gave the opening remarks.

E-GIF Meeting Agenda, ERBIL, 25-27 January 2011

Tuesday 25/1/2011
	08:30 – 09:00 Opening Remarks H.E. Mr Abdul Kareem Al-Samaraii, Minister of Science and Technology Mr. Peter Bachelor/ Deputy Country Director, UNDP 09:00 – 10:00 e-GIF overview Introducing the GIF: Benefits of Interoperability for e-Governance GIF Context GIF Technical Content: Standard Categorisation How we can Develop Effective GIF Policy Document and GIF Action Plan: Presentation on GIF templates (GIF text and action Plan) that required to be filled by the end of the workshop 10:00 – 10:30 Coffee Break 10:30 – 12:00 Survey and base-line for Map of existing and proposed e-governance and ICT4D projects. User Interface and accessibility Storage and database schema Multi-modal input and output Access control and security Network schema Document flow and work-flow Discussion on specific challenges and opportunities faced when attempting interoperability. 12:00 – 13:30 Discussion on the co-existence of the GIF with existing/proposed laws and policies E-governance and ICT4D Copyright Patents (software only) FOSS/Open Standards/Open Content/Open Data Privacy and Data Protection Right to Information/Freedom of Information/Access to Information/Public Information 13:30 – 14:30 Lunch Break 14:30 – 16:00 Discussion on definition of “Open Standards” Existing definitions of Open Standards RAND, FRAND and Royalty Free De Facto and De Jure Standards Standards Setting Organisations Governance of Standards Single Standard vs. Multiple Standards Relationship between FOSS and Open Standards Review of international best practice European Union US Brazil Russia India Indonesia China 16:00 – 16:15 Coffee Break 16.15 - 17.45 Discussion on degree of openness Hardware/Software/File Formats Maturity of the standard Adoption in Iraq Policy Objectives of the GIF Neutral playing-field / vendor independence Obsolescence Data convergence Cost-reduction Domestic ICT industry
Wednesday 26/1/2011
	08:30 – 10:00 Discussion on Organisational Architecture to Interoperability: Enterprise Architecture Service Oriented Architecture Example on Germany’s Slandered and Architecture of E-Government Application (SAGA) that contain both the architecture and standard for interoperability / or any other relevant example 10.00 - 10.30 Coffee Break 10.30 - 13.00 Governance of the Government Interoperability Framework: Creating the GIF Organisational Structure: Authority/Agency/Ministerial Committee/Adjunct to the President/Prime Minister's office. Light vs. Heavy regulation: Broad principles vs. Lists approach [Inclusion lists, exclusion lists, least common denominator approach] Exemptions and Limitation: Reactive vs. proactive. Formal vs. informal. Versioning: Mechanism and time-frame for revising the GIF. Pre-determined Monitoring of Compliance: Agency responsible and protocol to be observed. Random vs. blanket approach. Sanctions: Design of remedies and punitive measures to discourage non-compliance. Incentives: Design of awards and prizes for those who comply first, most, at the least-cost, etc. Documentation and Public Consultation: How will the process of developing, implementing and monitoring the GIF incorporate public consultation and be documented. Capacity Building 13.00 - 14.00 Lunch Break 14.00 - 15.30 Discussion on specific standards for the GIF [categorization based on Indian GIF] with a focus on current problem areas (G2G, G2B) Presentation And Archival Domain Data Integration Domain Data Interchange Domain 15.30 - 15.45 Coffee Break 15.45 - 17.15 Discussion on specific standards for the GIF [categorization based on Indian GIF] with a focus on (G2C) and local Governorates and emerging areas Presentation And Archival Domain Data Integration Domain Data Interchange Domain
Thursday 27/1/2011	08.30 - 11.30 Unplanned time for collaborative work on the text of the GIF Draft of E-GIF Action Plan and Working Groups 11.30 - 12.00 Coffee Break 12.00 - 14.00 Review on e-governance plan of action Out of GIF scope 14.00 - 14.30 Workshop Closing Session and Looking Forward

For more details visit https://cis-india.org/openness/blog-old/e-gif-iraq-meeting

"Privacy matters"

praskrishna — 2011-04-04T07:20:22Z

Privacy India invites individuals to attend the second "Privacy matters" conference, a one-day event on the 5th February 2011 at the TERI Southern Regional Centre, Bangalore. Privacy India, Society in Action Group, and the Centre for Internet & Society have joined hands to organize the event.

The “Privacy matters” conference will focus on discussing the challenges to privacy that India is currently facing. The right to privacy in India has been a neglected area of study and engagement. Although sectoral legislation deals with privacy issues, e.g., the TRAI Act for telephony or RBI guidelines for banking, India does not as yet have a horizontal legislation that deals comprehensively with privacy across all contexts. This lack of uniformity has led to ironically imbalanced results. In India today one has a stronger right to privacy over telephone records than over one’s own medical records. The absence of a minimum guarantee of privacy is felt most heavily by marginalized communities, including HIV patients, children, women, sexuality minorities, prisoners, etc. – people who most need to know that sensitive information is protected.

The emergence of information and communications technologies over the past two decades has radically transformed the speed and costs of access to information. However, this enhanced climate of access to information has been a mixed blessing. Whilst augmenting our access to knowledge, this new networked information economy has also now made it much easier, quicker, and cheaper to gain access to intimate personal information about individuals than ever before. As people expose more and more of their lives to others through the use of social networks, reliance on mobile phones, global trade, etc., there has emerged a heightened risk of privacy violations in India. As privacy continues to be a growing concern for individuals, nations, and the international community, it is critical that India understands and addresses the questions, challenges, implications and dilemmas that violations of privacy pose.

Who We Are

Privacy India was set up in collaboration with The Centre for Internet and Society (CIS), Bangalore and Society in Action Group (SAG), under the auspices of the international organization ‘Privacy International.’ Privacy International is a non-profit group that provides assistance to civil society groups, governments, international and regional bodies, the media and the public in a number of countries (see www.privacyinternational.org). Its Advisory Board is made up of distinguished intellectuals, academicians, thinkers and activists such as Noam Chomsky, the late Harold Pinter, and others, and it has collaborated with organizations such as the American Civil Liberties Union (ACLU).

'Privacy Matters' conference agenda

February 5th, 2011 --- 10:30 am - 4:30pm

TERI Southern Regional Centre

4th Main, Domlur II Stage
Bangalore - 560 071

Time	Item
10:30 -10:45	Welcome Address Who is PI and what are our objectives Why is privacy important in India Prashant Iyengar (Lead Researcher at Privacy India)
10:45-11:15	Keynote: Ashish Rajadhyaksha (Senior Fellow, Centre for the Study of Culture & Society)
11:15-11:30	Tea Break
11:30 –12:30	Session I: Privacy and Open Government Data Property Rights, Privacy, and Open Government Data: Zainab Bawa (CIS-RAW Fellow)
12:30 – 1:30	Session II: Privacy Rights and Minorities Privacy Rights of Sexualality Minorities: Arvind Narrain (Alternative Law Forum) Now you see her, now you don’t - Issues of sex workers and questions around privacy: Shubha Chacko (Sangama) The UID and Refugees: Sahana Basavapatna
1:30 – 2:30	Lunch
2:30 – 3:00	Session III: Identity and Privacy Malavika Jarayam (Jayaram & Jayaram) Hamish Fraser (Partner at Truman Hoyle, Sydney Australia) Michael Whitener (Principal and co-founder of VistaLaw International LLC)
3:00-3:30	Session IV: Privacy and the Media/Social Networking Privacy and Social Networking: Ujjvala Ballal (Inclusive Planet) Privacy Issues in Social Networking Websites: Gagan K. (NLSIU law student)
3:30 – 3:45	Tea break
3:45 – 4:30	Session V: Open discussion and opinion sharing

RSVP:

prashant@privacyindia.org
elonnai@privacyindia.org

Download the poster here

VIDEOS

For more details visit https://cis-india.org/events/privacy-conferencefeb5

Why Parallel Importation of Books Should Be Allowed

pranesh — 2019-02-01T17:41:26Z

There has been much controversy lately with some publishers trying to stop the government from amending s.2(m) of the Indian Copyright Act, clarifying that a parallel import will not be seen as an "infringing copy". This blog post argues that the government should, keeping in mind the larger picture, still go ahead and legalise parallel imports.

[Updated Wednesday, February 2, 2011, to respond to Thomas Abraham's extensive and thoughtful rebuttal of the earlier version this post.]

First off, here is the controversial clause, with the proposed amendment (the insertion of a "proviso", in legalese) being emphasised in bold font-face:

The amendment

2(m) "infringing copy" means,—

    (i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;

    (ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;

    (iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;

    (iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;

Provided that a copy of a work published in any country outside India with the permission of the author of the work and imported from that country shall not be deemed to be an infringing copy.

Some claim that this amendment to s.2(m) ("provided that... copy") has the potential to destroy the publishing industry. The most lucid explanation of this was in a recent op-ed by Thomas Abraham in the Hindustan Times, very ominously titled The Death of Books. However it seems to us that the publishing industry—especially foreign publishers with distributorships in India—don't want to open themselves up to competition in the distribution market, and are opposing this most commendable move.

What is parallel importation?

Before getting into explanations of why allowing for parallel importation is good, and how the arguments otherwise fall short, we should examine what parallel importation is.

"Parallel import, insofar as copyright is concerned, involves an “original” copyright product (i.e. produced by or with the permission of the copyright owner in the manufacturing country) placed on the market of one country, which is subsequently imported into a second country without the permission of the copyright owner in the second country. For instance, the copyright owner of a book produced in India places the book on the market in India. A trader buys 100 copies of the book from India and imports them to China without the permission of the copyright owner of the book in China. This act of the trader bringing the books into China is called parallel import, the legality of which depends on the copyright law of the importing country (namely China in this example)." (Consumers International, Copyright and Access to Knowledge: Policy Recommendations on Flexibilities in Copyright Laws 23 (2006).)

Some fear-mongers try to equate parallel importation with 'anarchy' in markets, and some confusedly claim that this amendment would allow infringing copies of books would be permitted. That is simply not true. For parallel importation to be said to happen, the sale must itself be legal. If it is an an illegally sold copy (a pirated copy of a book, for instance) that is imported, then it will count as a black market import—not as a parallel import. Allowing for parallel imports will only dismantle monopoly rights over importation, and the amendment makes that amply clear.

Harms on existing books of not allowing parallel importation

Libraries/second-hand bookshops/consumers have no way of knowing if a book was originally imported legally or not, since there is no easy way of telling a parallel-ly imported copy apart from a exclusively imported copy. If one of them, even unknowingly buys/sells a foreign edition about which they am not sure and it turns out it was not legally imported (and there are literally thousands of such books, and I personally own at least a couple dozen foreign editions bought from various second-hand bookshops) then they are committing copyright infringement.

This precisely was argued by the library associations and others in amici briefs to the US Supreme Court in the Costco v. Omega case. For instance, the brief for the the American Library Association, the Association of College and Research Libaries, and the Association of Research Libraries in Support of Petitioner argues that:

By restricting the application of [the first sale doctrine] to copies manufactured in the United States, the Ninth Circuit’s decision threatens the ability of libraries to continue to lend materials in their collections. Over 200 million books in U.S. libraries have foreign publishers. Moreover, many books published by U.S. publishers were actually manufactured by printers in other countries. Although some books indicate on their copyright page where they were printed, many do not. Libraries, therefore, have no way of knowing whether these books comply with the Ninth Circuit’s rule. Without the certainty of the protection of the first sale doctrine, librarians will have to confront the difficult policy decision of whether to continue to circulate these materials in their collections in the face of potential copyright infringement liability. For future acquisitions, libraries would be able to adjust to the Ninth Circuit’s narrowing of [the first sale doctrine] only by bearing the significant cost of obtaining a “lending license” whenever they acquired a copy that was not clearly manufactured in the United States.

and, the brief for the Public Knowledge, American Association of Law Libraries, American Free Trade Association, the Electronic Frontier Foundation, Medical Library Association, and the Special Libraries Association in Support of Petitioner states:

The uncertainty created by the Ninth Circuit’s holding [against parallel importation] will harm used bookstores, libraries, yard sales, out-of-print book markets, movie and video game rental markets, and innumerable other secondary markets. Owners of copyright works or goods containing copyrighted elements manufactured abroad will be unable to dispose of these products without authorization at the risk of liability under copyright law’s extensive damages provisions. Furthermore, the chilling effects of the Ninth Circuit’s holding will extend beyond works manufactured abroad. Owners of copies of works will be unable to determine whether they are protected by [the first sale doctrine], as they will not always know where their goods were manufactured. Copyright holders will have little incentive to make clear the location of manufacturing of their copyrighted works,3 as greater uncertainty means a greater ability to sell the right to distribute the goods within the United States. Secondary market sellers who cannot afford to purchase this right will be unable to do business unless they are prepared to engage in lengthy and expensive litigation with an uncertain result. A wide variety of important secondary markets in copyrighted works and goods with copyrighted elements will suffer without the protection of the first sale doctrine.

Benefits of parallel importation

Dismantling distribution monopoly rights

The benefits that will accrue from allowing for parallel importations are huge. Currently a large percentage of educational books in India are imported, but with different companies having monopoly rights in importation of different books. If this was opened up to competition, the prices of books would drop, since one would not need to get an authorization to import books—the licence raj that currently exists would be dismantled—and Indian students will benefit. This is especially important for students and for libraries because even when low-priced editions are available, they are often of older editions.

Allowing people to import goods without permissions (with appropriate duties) is taken for granted in all other areas, so why not copyrighted works? After all, it is not the act of publication that gets affected, but the right of exclusive distribution. And if that goes away after first sale internationally, that's not a bad thing at all.

Generally, there are two main benefits of allowing for parallel importation: faster introduction of the latest international releases into the domestic country, and lowered prices by decreasing the costs imposed by a monopoly right over distribution.

All the foreign books that an online bookseller like Flipkart delivers in India are procured from international sources. Without parallel importation, Flipkart will have to ask for permission from the book publishers for each foreign book each time it makes a sale. This would cripple Flipkart's business model.

Helping book publishers

Book publishers will be benefited by parallel importation, just as they are benefited by the existence of libraries and second-hand book stores. Libraries and second-hand book stores help with market segmentation, providing access to people who can't afford expensive books at much lower rates, often free. However, the existence of second-hand book stores in almost every city in India—I have personally bought second-hand books everywhere from Jhansi (Leo Tolstoy's War and Peace) to Delhi's Darya Ganj market (Edmund Wilson's Letters on Literature and Politics)—does not prevent me from buying books first hand. Indeed, Wilson's Letters is out of print, and cannot be bought in a store like Crosswords or Gangaram's.

Why do I emphasise second-hand books and libraries? They are artefacts of something variously known as the "first sale doctrine" or the "doctrine of exhaustion" in copyright law: After the first sale of a book, subsequent sales, rentals, etc., cannot be controlled by the copyright owner. Parallel importation is simply a matter of applying this doctrine to the first sale of the book internationally rather than its first sale in India.

Thus we see that the existence of second-hand books, libraries, and parallel imports, are all dependent on the same rule of copyright law: the first sale doctrine. This doctrine is enshrined in s.14(b)(iv) of the Indian Copyright Act, and has been interpreted by the Delhi High Court to mean first sale in India. The present amendment changes that to mean first sale internationally.

The introduction of the modern "public library" in the mid-19th century led to a surge in literacy, readership, and book sales, and not a decline. Similarly, there is no reason to suppose that allowing parallel importations will lead to a decline in book sales.

Helping libraries and the print-disabled

Even currently, many people buy books directly from abroad and have them shipped to India. This is especially necessary for libraries whose patrons—scholars and students—very often need access to the latest books. Currently, libraries often buy books from abroad from Amazon, Flipkart, Alibris, etc. Such acts, within a strict reading of the law, are not legal, since they fall afoul of s.51(b)(iv), since the import is not for the "private and domestic use" of the libraries. This is also of especial concern for organizations working with print-disabled individuals, since the number of books legally available domestically in formats accessible by the print-disabled is very small, and often need to be imported.

Helping all consumers

An excellent report was prepared in 2006 by Consumers International, in which they studied the costs of textbooks in eleven countries, including India, by average purchasing power of each country's citizens, instead of absolute cost. Based on that study, and a detailed investigation of international treaties on copyright and the flexibilities allowed in them, Consumers International recommended that India should amend our law to make it clear that parallel importation of copyrighted works is legal (on page 51 of the report).

Rebutting objections

I will address a few specific objections raised by Mr. Abraham, Nandita Saikia, and others.

1. Authors' won't lose out on royalties

Authors do not lose out on royalties because of parallel importation, just as they do not lose out on royalties because of libraries, nor because of second-hand book stores. For parallel importation to take place, the books have to be purchased legally, and that first sale itself ensures that authors are paid royalties.

Of course, publishing contracts often have a clause that remaindered books will not garner royalties. But in that case, the problem is not parallel importation, but the overstocking and subsequent remaindering of books. The authors wouldn't be paid (or would be paid very little) for remaindered books even if the books weren't imported into India. Parallel importation does not in any way change that.

Indian authors

There is a worry that an Indian author would be hit if remaindered copies of his/her books started entering the Indian market. That would mean that foreign publishers had overstocked that Indian author's book, i.e., that the expectation from the book was much higher than the actual demand. If this happens infrequently, then the author hasn't much to worry about (since remainders aren't a big problem). If it happens frequently, then firstly the publisher should re-adjust to the market and realize that demand is low. Secondly, the author needs to worry more about quality of the book (and whether it caters to foreign audiences) than the possible effects that the availability of cheaper copies of that book would have.

2. Remaindered books are in publishers' control

India has amongst the cheapest book prices in the world. Then why would book publishers be wary of even cheaper books overrunning the Indian market? The reason, Mr. Abraham tells us, is remaindered books. He believes that remaindered books have the potential to destroy the Indian book market. Remaindering of books has been happening for decades. If remaindered books haven't already destroyed all book markets worldwide, then it is unlikely that they will do so suddenly just because parallel importation of books is permitted in India.

Remainders happen because of a miscalculation by the publisher: expecting more demand than was actually present. What happens with that excess stock is controlled by the publishers. They can choose to pulp them, burn them, or even push them into other channels of commerce that Mr. Abraham points out exist in the mature, frontline markets where remaindering happens:

And the reason why they have not destroyed book markets worldwide is because the mature markets exist with multiple strands (chains and high street stores, independents, direct sellers, online sellers, and supermarkets)—so a direct seller will sell the same book a high street store is selling at a much reduced price without it affecting the business of each strand. Each strand is discrete and price sensitivity does not matter the same way.

Since those multiple strands of commerce exist, each of which would enable the seller to get a better profit (being in a developed country) than in India, there is no reason to fear overrunning of the market with remainders.

3. Dumping of books should be tackled separately

An extension of the remaindered books concern is that of India becoming a land where all books will be dumped. This hasn't happened in case of countries like New Zealand, Mexico, Chile, Egypt, Cameroon, Pakistan, Argentina, Israel, Vietnam, South Korea, Japan, and a host of other countries, all of which allow for parallel importation of books. In a 1998 judgment, the United States Supreme Court, some parallel imports of copyrighted goods were legal. That ruling did not cause the downfall of the US book market, despite cheaper books being available outside the US. Australia has allowed for parallel importation of books in one form or another since 1991 (when the law was changed to allow for all parallel of all books that weren't introduced in the Australian market within 30 days of it being released elsewhere in the world). New Zealand did a study after removing the ban on parallel importation, and declared that cheaper books were available on a more timely basis than previously. None of these countries have been overrun by grey market books.

Customs laws are better suited

Even assuming that this fear is well-founded, copyright law is not the best way to deal with the problem. Dumping of books should be regulated by customs laws (anti-dumping and countervailing duties). Using copyright law to regulate apprehended book dumping practices (which might not even happen) is like using a trawler hoping to catch only shrimp: it is naive to think that there won't be unintended bycatch, and the consequences can be disastrous for the knowledge environment in case of books.

Customs laws are more flexible because they are imposed by the executive, and unlike copyright law, can be more easily changed as per requirements. So even if copyright law allows for parallel importation of copyrighted works, a special case can be made out by publishers in case of trade publishing, for instance, and that can be targetted specifically by imposing duties. However, the inverse cannot happen, since we are not aware of any mechanism whereby libraries, consumers and others can get to 'override' the provision in the Copyright Act.

Additionally, these duties can be made to operate only if the book is already being sold in India; these duties can be made to operate only on new books. A ban on parallel importation, on the other hand will apply equally to books that are out of print, to books that the original copyright owner has not even granted an exclusive Indian distributorship and are not even being sold in India. It goes right to the heart of freedom of speech, which the Supreme Court has held includes the right to receive information.

4. Non-printing of low-priced editions for India because of "unsecure" market won't happen

Parallel importation, which is what the amendment to s.2(m) allows for, affects only importation. It does not in any way affect publication in India or exports. Exporting low-priced Indian editions to countries which allow for parallel importation of books, is currently of doubtful legality. [Update: Earlier an incorrect claim was made in this post that such export was legal. The legal status is not that clear. While there is a Delhi High Court case that makes exports of low-priced editions illegal in the context of sale to the United States, it specifically states that the decision does not depend on whether India allows for parallel importation or not.] The amendment does not change that position, for reasons explained at greater length in a separate post. The incentives to print low-priced editions hence does not decrease. If anything it will increase because currently books that are not available as low-priced editions cannot be imported without exclusive licensing, and with a change in this position, the incentive to compete in the form of low-priced editions will increase.

Indeed, even before that 2009 Delhi High Court judgment prohibiting exports to the United States, many low-priced editions were being printed in India. And even before the 2005 Bombay High Court judgment prohibiting parallel imports, many low-priced editions were being printed in India. This won't change, regardless of the law, because India is an increasingly profitable and expanding market, and low-priced editions are a necessity in this market due to lower average income.

5. Rhetoric flourish and the law: Open and closed markets

Mr. Abraham asks how many authors one can name from open markets like Malaysia, Singapore, and Hong Kong, as a sign of the 'history of creativity' in each of these countries and territories. It might be just as well to ask how many authors he can name from closed markets like Bhutan, Kazakhstan, Cambodia, Papua New Guinea, Indonesia, Jordan, and Ukraine. One's ability to name authors from a country has less to do with the open/closed nature of its market and more to do with one's general knowledge.

Additionally, the 'mature' markets which he wishes India to emulate—United States, the United Kingdom, and Australia—are more ambiguous on parallel importation than he would have us believe. In the United States, the legality of a segment of parallel importation of copyrighted goods reached the United States Supreme Court in Quality King v. L'anza in 1998, in which the court held in favour of the importer.

The question reached the US Supreme Court again last year in Costco v. Omega, but the court split on it 4-4, and did not deliver a binding precedent on parallel importation. Thus, for all intents and purposes, under copyright law, the United States is an open market.

In the United Kingdom, as per European Union law, parallel importation is permitted from anywhere within the EU. And in Australia, parallel importation of parallel goods is largely allowed, with some conditions to encourage faster publishing in Australia of foreign books.

Most importantly, none of the markets held up as role models are developing countries. India is. This makes all the difference, as the Consumers International report underscores.

Standing Committee consultations

Lack of wide consultation

On one point we are in complete agreement with Mr. Abraham, which is his point regarding lack of adequate consultation. While there was a good amount of consultation during the drafting stage, when a wide-ranging public consultation was held in 2006, this was not repeated in 2010 by the Standing Committee. Further, the Standing Committee only gave fifteen days for responses to its call for comments.

Publishers were represented

While Mr. Abraham states that only the Authors Guild was represented before the Standing Committee, by going through the report prepared by it, we see that the Federation of Indian Publishers and the Association of Publishers in India were also called to testify before the Standing Committee.

Libraries, students, consumers were not represented

However, while the authors supported it, and the publishers opposed it, no one got to hear the voice of the readers, the students, the libraries, the book buyers. For instance, not a single consumer rights organization or library association was called before the Standing Committee. Internationally, organizations like Consumers International, the International Federation of Library Associations, and EIFL (an international library organization) are invited to meetings of the World Intellectual Property Organization and their views are taken with seriousness as they are a very important part of the copyright environment.

Department's and Standing Committee's reasoning

We reproduce below four paragraphs from the Standing Committee's report, which elucidate many of the reasons for going in for this particular amendment.

7.10
All the reservations/objections raised by the various stakeholders [including the Federation of Indian Publishers and the Association of Publishers in India, whose objections are quoted in an earlier paragraph of the report -ed.] were taken up by the Committee with the Department with the intent of having full understanding of the background necessitating the proposed amendment and its exact impact on the various stakeholders. As clarified by the Department, the main purpose of this amendment was to allow for imports of copyright materials (e.g. books) from other countries. It was in accordance with Article 6 of the TRIPS Agreement relating to exhaustion of rights whereunder developing countries could facilitate access to copyright works at affordable cost. Exhaustion of rights (popularly called as parallel import) was a legal mechanism used to regulate prices of IPR protected materials. This was viable only if the price of the same works in the Indian market was very high when compared to the price in other countries from where it was imported to India.

7.11
Committee's attention was drawn to the fact that majority of educational books used in India were imported from other countries particularly from US and EU. There was an increasing tendency by publishers to give territorial licence to publish the books at very high rates. The low price editions were invariably the old editions than the latest ones. This provision would compel the Indian publishers to price the works reasonably so that it would not be viable for a distributor to import same works to India from other countries. This would also save India foreign exchange on the payment of royalties (licence fee) by the Indian publishers to foreigners.

7.12
Committee was also given to understand by the representatives of the publishing industry that Scheme of the Copyright Law was entirely different from the Trade Marks Act, 1999 and the Patent Act, 1970. The application of the standards and principles of these two laws through the proposed amendment of section 2(m) would completely dismantle the business model currently employed, rendering several industries unviable. On a specific query in this regard the Department informed that the concept of international exhaustion provided in section 107 A of the Patent Act, 1971 and in section 30 (3) of the Trademarks Act, 1999 and in section 2 (m) of the copyright law were similar. This provision was in tune with the national policy on exhaustion of rights.

7.13
After analysing the viewpoints of all the stakeholders along with the clarifications given thereupon by the Department, the Committee is of the view that proposed inclusion of the proviso in the definition of the term 'infringing copy' seems to be a step in the right direction, specially in the prevailing situation at the ground level. The present practice of publishers publishing books under a territorial license, resulting in sale of books at very high rates cannot be considered a healthy practice. [Emphasis added.] The Committee also notes that availability of low priced books under the present regime is invariably confined to old editions. It has been clearly specified that only those works published outside India with the permission of the author and imported into India will not be considered an infringed copy. Nobody can deny the fact that the interests of students will be best protected if they have access to latest editions of the books. Thus, apprehensions about the flooding of the primary market with low priced editions, may be mis-founded as such a situation would be tackled by that country's law. [emphasis added.] The Committee would, however, like to put a note of caution to Government to ensure that the purpose for which the amendment is proposed, i.e., to protect the interest of the students is not lost sight of.

Conclusion

It is clear that allowing for parallel imports is not likely to hurt publishers, but will result in an expansion of the reading market. It is mainly foreign publishers' monopoly rights over distribution which will be harmed by this amendment, while Indian publishers, Indian authors, and Indian readers, especially students, will stand to gain. Furthermore, in the long run, even foreign publishers will stand to gain due to market expansion. Any legitimate worries that publishers may have are better dealt with under other laws (such as the Customs Act) and not the Copyright Act.

For more details visit https://cis-india.org/a2k/blogs/parallel-importation-of-books