Centre for Internet and Society

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

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 on the CIS website for public review:

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.

Column 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 article was published in the Indian Express recently:

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

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

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

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.

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

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.

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

The Online Video Environment in India - A Survey Report

pranesh — 2011-10-03T09:31:30Z

iCOMMONS, the OPEN VIDEO ALLIANCE, and the CENTRE FOR INTERNET AND SOCIETY have initiated a research project which seeks to survey the online video environment in India and the opportunities this new medium presents for creative expression and civic engagement. This report seeks to define key issues in the Indian context and begins to develop a short-term policy framework to address them.

The basic assumption of this paper is that the online video medium should support creative and technical innovation, competition, and public participation, and that open source technology can help develop these traits. These assumptions are not elaborated upon here. Instead, this report looks at questions of “openness” that are not strictly technological; that are specific to video in India; and that provide points of entry to a simple policy framework.

The paper is organized in the following parts:

The first chapter, THE NATIONAL CHARACTER OF INDIAN VIDEO, provides a brief historical timeline of events from the first screening of the Lumiere Brothers films in India in 1896, through the beginning of the twenty-first century. This chapter traces the traditional channels of dissemination of video content in India, and establishes the close and unique bond that the visual medium has formed with Indian society.
The second chapter, DIGITAL MEDIA AND NETWORK TRANSFORMATIONS, looks at recent media transformations like the rise of the Internet and peer-to-peer networking, the proliferation of telecommunications, and other developments which form the backbone of the emerging online video medium. Peer-to-peer and associative networking provides a new means of content circulation throughout the country.
The third chapter, MAPPING CONTENT ON THE INTERNET, traces the various types of visual content visible over these new networks, exploring case studies of videos circulating on the Internet which have raised new questions of censorship, freedom of speech, and the openness of the medium.
The fourth chapter, THE ‘OPEN VIDEO’ QUESTION, creates a judgment-based framework to assess the openness of the medium. This chapter lays out a series of questions around the broad spectrum of openness, viewed from various perspectives of access, participation, open source technology, and availability, with the intent of mapping the circumstances under which online video operates in India. Moreover, the chapter focuses on the structural limitations to video which can be addressed by policy, or even an absence of policy.

Whereas the report consciously makes an effort to explore not only transitory web videos but also films, the terms ‘video’ and ‘film’, in many parts are treated interchangeably. Although films and videos represent different traditional mediums of recording, the interest of this report in examining the ‘online video’ content in India, consists of both types of material—accessed perhaps with little distinction.

The scope of this paper is extremely broad and touches upon a wide variety of issues in India, where each area has a peculiar specificity of its situation—urban or rural, geographic, and so on. Links and references have been provided in the footnotes for background readings of these issues.

Click here to download the report. [PDF, 1.22 MB]

For more details visit https://cis-india.org/openness/online-video-environment-in-india

Digital Natives with a Cause? - Workshop in Chile seeks participants

praskrishna — 2011-04-01T16:50:30Z

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. An open call for participation follows.

As the Internet and digital technologies become more widespread, the world is shrinking: we are constantly connected to our contexts, our people, our cultures and our networks. And you, yes YOU are a part of this change. In fact, as a digital native– someone to whom digital technologies are central to life – you are directly affecting the lives of many, sometimes even without knowing about it.

The Centre for Internet and Society and Hivos in collaboration with Rising Voices is calling out to young users of technology to join a global conversation. The 3-day workshop titled “From Face to Interface” will focus on how youth utilize new platforms, media and spaces of communication and expression in the digital age. If you have used digital technologies to make your voice heard, to express your opinion in creative ways or to create new knowledge online, we want to hear from you. These can be stories where you have used a mobile phone, GPS or PDA to access the Internet and reduce the online-offline divide, stories where you accessed interactive platforms like user-generated content websites, stories where the use of technology has become part of your identity, or stories where you have been part of a collaborative method of research, production, shared learning process, participation network etc.

Read the original here

For more details visit https://cis-india.org/news/dn-workshop-in-chile

Wiki changes the world

praskrishna — 2012-01-03T10:23:38Z

A fortnightly column on ‘Digital Natives’ authored by Nishant Shah is featured in the Sunday Eye, the national edition of Indian Express, Delhi, from September 2010 onwards. This article was published in the Indian Express on January 23, 2011. In this Nishant Shah explains how Wiki changes the world by making the ordinary person the expert and knowledge free.

If you have a question, where do you go? To books? To encyclopaedias? To knowledgeable friends? To experts in that field? The quest for knowledge is not easy. Often, we encounter false leads and reach dead ends. We often find ourselves dependent on vanguards and bearers of knowledge. The knowledge industry, which includes academia, schools, universities, libraries, archives, etc. have created labels that define consumers, producers and mediators of knowledge.

What do you do with the answer of a question? You generally store it in your memory. If it is an answer that you are searching for collaboratively, you share it with the concerned people. If you are meticulous and like to archive information, you probably write it down in a big brown book. But for many of us, we see our relationship with knowledge as one of consumption. Books, and indeed columns like this one, are written by “experts”.

If you have an answer, but nobody is asking you the question, what do you do with it? This was the question that Jimmy Wales, asked a decade ago. He then thought of starting a web-based, collaborative platform for knowledge production — now known as Wikipedia. Working on an open structure, Wikipedia invites anybody with internet access to start contributing and consolidating their knowledge through a process of discussion, consensus-building and collaboration. Unlike a regular encyclopaedia with its army of knowledge warriors, Wikipedia depends on everyday users who harness the power of information to bring together the “sum total of human knowledge”. In 10 years, Wikipedia has become the de facto global reference point for dynamic knowledge and boasts of more than 17 million articles with more than 365 million readers in 263 language editions.

For digital natives, the growth of Wikipedia illustrates the changing ways in which digital natives are learning and engaging with knowledge, both inside and outside of formal education.

Knowledge is a process

Digital natives, who contribute to Wikipedia and learn from it, know that there is more to knowledge than what is on the surface. While the entries on Wikipedia serve as a fount of information, it is layered by discussions, edit-wars, and processes of mediation that produce objective content. For young users of Wikipedia, the ability to question the content, the protocols of producing neutral evidence, and the often intense discussions, establish an intimate relationship with knowledge.

They look at knowledge as fluid, as open to contention and produced through multiple perspectives. In the world of user-generated content, knowledge is seen as a process of engagement rather than as an object to be mechanically consumed. Hence, it is not uncommon to see digital natives encountering information online — on platforms like Wikipedia, but also on blogs and discussion forums — expressing opinions and challenging the content when it does not fit their experience of that information.

Your experiences are also knowledge

One of the most important lessons that Wikipedia teaches a digital native, is that knowledge is not authored only by people with the backing of institutions. While there are some systems of knowledge which require formal training, there is a huge value in everyday and lived experiences. Encyclopaedias discriminate between different kinds of knowledge — Shakespeare’s work might find an entry in almost all of these, but the 16-year-old writer who has a larger readership than Shakespeare might easily be excluded. However, on Wikipedia, any realm of the cultural, political or social that is relevant and significantly affects our everyday life finds space and detailed research. This translation of lived experience into knowledge is new and opens up ways of producing alternative and plural knowledge systems around objects, people, events and ideas that shape the world.

It is open to all

Digital natives who have grown up in the Wikified world have also experienced information as something that belongs to a larger community. They don’t even espouse it as an ideology, but often think of knowledge as open and residing within digital public commons. In their multiple roles as bearers, producers, and consumers of knowledge, they are used to remixing, sharing and disseminating knowledge into a wider ecology. The analogue regimes of intellectual property and copyright do not make sense to them in a medium that is intuitively made for copying, sharing and owning knowledge collaboratively.

In the largely Wikifying world that we live in, the notions of what constitutes knowledge, how one accesses knowledge and how people interact with it is undergoing radical change. And the digital natives are silently but significantly shaping new ways of imagining knowledge processes, proving to us that the pen might be mightier than the sword, but the click trumps them both.

Original article was published by the Indian Express

For more details visit https://cis-india.org/digital-natives/blog/wiki-world

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

pranesh — 2011-09-22T12:34:05Z

A draft of the IPR chapter of the EU-India FTA, made publicly available now for the first time, provides insight into India's response in July 2010 to several EU proposals on intellectual property protection and enforcement.

A draft of the IPR chapter of the EU-India FTA, made publicly available for the first time (PDF, 296Kb), provides insight into India's response in July 2010 to several EU proposals on intellectual property protection and enforcement. The consolidated draft which was prepared to serve as the basis of talks that took place from July 12-14, 2010, in New Delhi, reveals parties' negotiating stances in response to preliminary positions put forth earlier (see IPR Chapter May draft).

In particular, this draft reflects India's rejection of many EU proposals that would require India to:

exceed its obligations under the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), e.g by providing data exclusivity for pharmaceutical products;
impose radical enforcement provisions, such as liability of intermediary service providers, border measures for goods in transit, and raised norms for damages and injunctions; or
require legislative change, e.g., on data protection, and to accommodate the full EU demands on geographical indicators.

A chart compiled by CIS comparing proposed language by India and the EU in several provisions with TRIPS can be found here (PDF, 402 Kb).

Sources close to the negotiations have also confirmed that during the July talks India reiterated its refusal to go beyond TRIPS, and its refusal to discuss issues that require changes to Indian law. India appears to have also reiterated that it could not finalise FTA copyright provisions before passage of the Copyright Amendment Bill in the Indian Parliament.

It is hard to assess the current state of the negotiations on IP or to measure the outcomes of subsequently held talks without access to recent drafts, a public record of deliberations, or the schedule of full and intersessional rounds taking place. However, from press and other statements attributed to the European Commission and Indian officials after the December 2010 EU-India Summit in Brussels, it appears that:

both parties plan to conclude the FTA, the biggest ever for the EU, by Spring 2011;
the EU has not relaxed its pursuit of at least some "TRIPS plus" provisions such as data protection for pharmaceuticals
a mutually agreed solution to India's WTO case against the EU over the seizure of generic medicines may be round the corner. Its impact on the FTA is open to speculation.

Because the India-EU FTA is likely to set a new precedent for future trade agreements between developed and developing countries, and with enormous stakes for patients across the globe, India and the EU need to get it right and ensure no provision runs counter to the interests of millions of citizens.

For further information about the text, contact Malini Aisola <malini.aisola@gmail.com> or Pranesh Prakash <pranesh@cis-india.org>

For more details visit https://cis-india.org/a2k/blogs/july-2010-ipr-india-eu-fta

The policy langurs

Shyam Ponappa — 2012-05-10T10:15:17Z

The comforts of civilised living for all Indians require dedicated collective effort. The article by Shyam Ponappa was published in the Business Standard on 6 January 2011.

At this difficult point in our hapless trajectory as we thread our way through the divine comedy, there is a sudden burst of light, cutting through the gloom of the new year: an uncharacteristic but effective bipartisan effort by a group of parliamentarians in dealing with a practical problem. This is the saga of the hapless and troublesome monkeys of Raisina Hill and its environs, booted out by the Brits to build the Rashtrapati Bhavan and the Central Secretariat, and the parliamentarians who live on Mahadev Road nearby. Press reports say that BJP Spokesman Prakash Javadekar adopted a problem-solving approach by suggesting to six of his neighbours (five Congress MPs and one Independent) that they collectively hire a langur patrol to shoo away the monkeys that have been marauding in their gardens. Five of the six responded positively, and so they have a langur patrol, as do a number of government buildings there. And the monkeys stay away.

Why is this important? Because of how powerfully it illustrates the obvious: that collective, goal-oriented action can be very effective in achieving results. Now, if this could be extended to bipartisan initiatives (in the sense of government and the Opposition in the context of our fragmented politics), e.g. in building national assets like infrastructure, then constructive, forward-looking policies can be framed, and we can start building on what has gone before. This will take us past the blight of being in a perpetual stall. One example is resource-sharing for countrywide broadband and communications services. Another is our approach to energy production and supply. And so on.

The bipartisan imperative

I have written earlier on the rationale for spectrum- and network-sharing for broadband and telecommunications.

The framework for this kind of resource-sharing and organisation cannot be done without bipartisan efforts at the policy formulation stage for conceptualisation and during implementation, because various state and local governments will be involved, as will many central government ministries and departments. A bipartisan approach is also essential for devising supportive tax policies, including the development and execution of uniform, inexpensive rights-of-way charges at the state level. Not least will be the question of spectrum pricing, a matter muddied by so much contention and confused thinking regarding the economics and the technology, aggravated by opportunists seeking to make a killing, together with the well-intentioned but ill-informed flailing of strident advocates urging counterproductive measures like cancelling licences without due process and/or holding more auctions, all supposedly in the national interest, oblivious of the consequences.(Click for OPTIC FIBRE CABLE NETWORK)

To appreciate the compelling logic, consider the network of an organisation like RailTel, with over 35,000 route km of optical fibre cable (OFC) network, or Gailtel with about 14,000 route km of OFC and planning close to 19,000 OFC in the next few years (interactive maps at: http://www.gailonline.com/gailnewsite/businesses/telecomnetwork.html).

BSNL has over 67,000 route km in the southern region alone, and other PSUs and private operators like Bharti Airtel and Reliance have their own extensive networks. Combining or integrating these will shift the focus to the tasks of last-mile access and spectrum deployment to achieve potential connectivity for most households and users.

Imagine the potential with some (three or four?) consortiums of wholesale service providers for the country having access to the combined networks of all or several such owners, including the collective capacity in terms of spectrum, access, aggregation and backhaul. These, in turn, could enable access to many retailers for local services to end users.

A second substantive aspect of such a bipartisan initiative is in structuring the national backbone facilities organisation, e.g. on the lines of Singapore’s OpenNet*. This may be an opportunity to capitalise on the BSNL and MTNL networks and revive them, perhaps as the anchor investors (possibly with other PSUs, such as RailTel, GAIL, and Powergrid). This anchor investor consortium could hold, for instance, 30 per cent of the equity in the venture. Other participants could include international companies like Axia, which design, build and operate next generation networks. Axia started out in Canada over 10 years ago and now has projects in France, Spain and Singapore, and has bid for a project in America. Other participants could be like Spectrum Bridge, a US company which runs centrally managed spectrum networks in America in the TV “white spaces”, the digital dividend from TV spectrum reallocated for telecom purposes. Their database-driven approach could be applied to the entire pooled spectrum of a large network with the participation of systems integrators like Infosys, TCS, Wipro, or IBM.

A third potential initiative is to encourage R&D and applications, perhaps seeking the development of local standards for wireless communications in the long term, even the Holy Grail of inexpensive “cognitive radio” (self-managing end-user equipment) with open spectrum. The size of our market offers the potential for such ambitious and potentially beneficial development. This will need policy support, especially for collaboration between defence and the private sector, with the creation of sustained support over a long period.

We know the apocryphal tales like that of the four bulls and the lion: the bulls are safe as long as they stay united, but when they squabble among themselves, the lion picks them off one by one. There is Aesop’s fable of the old man who shows his sons that while they can easily break one stick at a time, the same sticks bound together cannot be broken. Or the Mongolian story of the five siblings, the ancestors of the Mongolian clans, whose mother shows them that while each can easily break a single arrow, the five arrows tied together are unbreakable.

Despite this knowledge and evidence that the comforts of civilised living for all Indians require dedicated collective effort, we refuse to work to this truism of the need for collaborative effort. Suddenly, Mr Javadekar’s can-do Langur Initiative changes the game.

Even as the due process of law continues with regard to past wrongdoing, our parliamentarians should be grappling with substantive issues of nation-building such as those described above, instead of wasting time on tearing each other down.

Read the original in the Business Standard here

For more details visit https://cis-india.org/telecom/blog/policy-langurs

Civic hackers seek to find their feet in India

praskrishna — 2011-04-04T06:45:41Z

In 2006, when Sushant Sinha,who holds a doctorate in Internet security from the University of Michigan, tried to use the Indian government’s judicial rulings website, Judis.nic.in, he found it difficult to get the data he was looking for. “Judis.nic.in didn’t have a good text search or ability to sort results by relevance,” Sinha said. The lack of these two critical functions rendered the wealth of data on the site largely unusable.

Sinha, who currently works at Yahoo India, set about creating the legal search engine Indiankanoon. org, which now has a database of more than 1.4 million judgements. It tries to overcome the deficiencies of the government’s effort, indexing judgements by the Supreme Court, the high courts and various tribunals, and linking them to the underlying Acts.

In November, the portal saw around one million unique visits. Sinha is a “civic hacker”, a programmer driven by the urge to create applications that will allow fellow citizens to help themselves and further the democratic process by using information, often from freely available government databases. (A “cracker”, on the other hand, uses similar tools to break into secure systems with malicious intent.)

Nishant Shah, director, research, at the Centre for Internet and Society (CIS), Bangalore, offers a wider definition for civic hackers.

“In a Web 2.0 world, you needn’t have programming skills to be a civic hacker. When people have access to digital technologies, they are potentially civic hackers, because they have learned how to negotiate with oppression and injustice. In the West, the ubiquitousness of digital technologies has enabled a lot of people to engage with civic hacking—from subversive documentaries by the Yes Men group to parodic YouTube videos that critique state-market policies— all these qualify as civic hacking.”

WikiLeaks, said Shah, is the biggest example of such a civic hacker in recent times. “Civic hackers are always in grey territory,” he said. “Their legality is always being questioned, depending on how far they go. Remember, WikiLeaks was around for five years before they began talking about banning it.”

Much of the online Indian information in the open domain, from the government or autonomous bodies such as the Election Commission (EC), isn’t always served up such that it can be sliced and diced in ways that citizens can digest, making the civic hacker a critical part of the democratic process in the digital age.

A larger presence in the West, they are thin on the ground in the country. “Civic hackers, while present (in India), are not numerous, and it’s unclear to what extent they are conscious of the work that others are doing, although this could be easily remedied through networking efforts both online and offline,” according to a report by CIS.

One of the reasons for their sparse numbers CIS suggests is that the Indian government doesn’t engage yet with the hacking community,

unlike countries such as the US. New York, Washington DC and San Francisco, for instance, have portals that share data with the intention of encouraging application development.

The NYC BigApps competition has a cash prize of $20,000 (nearly `9 lakh) for the best application using the City of New York’s NYC.gov data mine. Around 350 data sets including public safety data, buildings complaints, and real-time traffic numbers are thrown open to participants. In 2009, an application to let New Yorkers findmass transit routes, public school information, etc., based on their location won the prize.

Despite the lack of incentives, some hackers are still mushrooming in the Indian space. In 2009, just ahead of the April-May general election, 25-year-old Akshay Surve, the founder of a think tank for social change called SocialSync.org Labs, was building a Web application to profile members of Parliament.

The application was aimed at generating a snapshot of each legislator based on the debates they participated in, the number of Parliament sessions attended, and other such information that could help voters make an informed choice.

The websites of the EC and the Lok Sabha had much of this data in Excel and Adobe PDF documents, but that didn’t necessarily make it usable. The formats changed every year, and some files didn’t allow text and numbers to be extracted. To build the mashup—an application that throws together data from more than one source, mashing everything up to create a new service—Surve had to parse and standardize the data.

Realizing that the problem he faced was not an isolated one, Surve and his friend, Pavan Mishra, launched OpenCivic.in this year, a set of standards and APIs (application programming interface) that sift data from government websites and make them available in a machine-readable, remixable format.

Surve’s API is the primary engine for Askneta.com and Gov-Check.net, which track the performance of elected representatives and use OpenCivic’s feed. He plans to keep the API free for non-commercial use. Now his team is at work to develop a mobile version of the API. Another example is RTINation. com, built in August 2009 by a group of graduates from the Kanpur and Delhi Indian Institutes of Technology.

RTINation.com enables the online filing of Right to Information (RTI) applications. A 2009 PricewaterhouseCoopers report estimated that more than a quarter of those who file RTI applications have to visit a government office over three times to do so. RTINation.com generates its revenue by charging each user `125 for an application. It is now building a backoffice to handle marketing and promotion.

“Since we launched, we have seen 200,000 unique visitors,” said Rahul Gupta, a cofounder of RTINation.com. Most civic hackers in India entered the field through work related to various e-governance initiatives and the RTI Act, which has put more government data in the public domain than ever before. This data, though, is dumped in a format that makes it difficult for citizens to use or understand. “Few of the publicly accessible databases are open in terms of data reusability (in terms of machine-readability and openness of formats), data reusability (legally), easily accessible (via search engines, for persons with disabilities, etc.), understandable (marked up with annotations and etadata),” according to CIS. Here is where civic hackers such as Sinha and Surve come in.

CIS suggests that networking across civic hacking teams could strengthen this effort. OpenCivic.in has been proactive in its tie-ups. In February, it joined hands with Yes To Politics, a civic participation endeavour by Texas-based software engineer Murali M. Launched in 2009, Yes To Politics offers tools to help communities work on causes. Among these are analytics of previous elections and a tracker of ongoing campaigns. During its peak usage in the four weeks leading up to the 2009 assembly elections in Andhra Pradesh, the website had on an average 43,000 visitors a day, with a oneday surge of 97,457 visitors on 9 April that year. Yes To Politics, inactive since last year’s polls, is going to launch a new version in January. “Once we do that, we contribute our own data feeds to OpenCivic,” said Murali.

Talking about the challenges, Murali said, “The data sets from the Election Commission’s site were raw and not directly presentable to users. So we had to iteratively transform it and correct (it) on the way and make meaningful sets. It took me almost three-and-a-half weeks to get it ready. And when the EC releases any new data, they always release in PDF files that are hard to retrieve and mashup. So I wrote special apps (applications) to scan files, transform data, and automatically correct spelling mistakes in names.” The 36-year-old software engineer works full-time for Alcatel-Lucent and develops the applications when he’s free. Yes To Politics has been steadily adding bells and whistles to its portal. Recently, it integrated Google Maps into an application called Vote2009, layering it with information such as when a constituency is scheduled to have elections. “Another example is, due to delimitation, about 77 assembly and eight parliamentary constituencies in AP (Andhra Pradesh) have been reorganized. We set up a section where users can look at what has changed and find their constituency based on mandal and district information,” Murali said.

Read the original article in Livemint here

Read it in IndiaInfoline here

For more details visit https://cis-india.org/news/civic-hackers-in-India

December 2010 Bulletin

praskrishna — 2012-08-07T11:28:02Z

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 arising from these projects are now online for public review:

Pornography & the Law
This monograph attempts to unravel the relations between pornography, technology and the law in the shifting context of the contemporary. Deadline for review expires on 15 Jan 2011.
http://bit.ly/f1sQsi

Re:wiring Bodies
Dr. Asha Achutan historicises the attitudes, imaginations and policies that have shaped the Science-Technology debates in India, to particularly address the ways in which emergence of Internet Technologies have shaped notions of gender and body in India. Deadline for review expires on 15 Jan 2011.
http://bit.ly/gYCP1C

The Leap of Rhodes or, How India Dealt with the Last Mile Problem — An Inquiry into Technology and Governance
The project has fed into many different activities in teaching, in examining processes of governance and in looking at user behaviour. The deadline for peer review expires on 15 Jan 2011.
http://bit.ly/iiYJp1

New Blog Entries

Internet, Society and Space in Indian Cities

Queer Histories of the Internet

A Detour: The Internet and Forms of Narration: A Short Note

Digital Natives

Columns on Digital Natives

Make a Wish [published on 19 December 2010]
Play Station [published on 5 December 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:

Publication

Position papers from the Thinkathon conference held at Hague from 6 to 8 December have been published:

Digital Natives with a Cause? Thinkathon: Position Papers

Accessibility

National Award

Nirmita Narasimhan got a National Award for Empowerment of Persons with Disabilities from the Government of India on 3 December 2010. The award was presented by Smt. Pratibha Patil, President of India under the Role Model category. The event was telecast live on Doordarshan.

Nirmita Narasimhan wins National Award

Conference Report

An international conference on Enabling Access to Education through ICT was held in New Delhi from 27 to 29 October 2010. The full report of the conference is published online:

Enabling Access to Education through ICT - Conference Report

New Blog Entries

Intellectual Property

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:

Reports

Event

Wikipedia Meetup in Bangalore, This time in TERI

Privacy

CIS is doing a couple of projects, one Privacy in Asia which is supported by Privacy International, UK and the other on Privacy and Identity which is funded by 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 Aadhar.

New Blog Entries

Telecom

Articles by Shyam Ponappa

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.

Take 'Model T' for Telecom

News & Media Coverage

An online community platform for people with different needs (Sify News, 12 December 2010)

Self-regulation in media and society meet to gain legal perspectives (Indiantelevision.com, 13 December 2010)

This Is All India Radia (Outlook, 6 December 2010)

'Pakistan' hackers target India's top police agency (Google News, 4 December 2010)

Intellectual Property Rights as seen in a graphic novel (TimeOut Bengaluru, 1 December 2010)

The Niira Radia Tapes: Scrutinizing the Snoopers (The Wall Street Journal, 29 November 2010)

Mobile banking set to get a boost from IMPS (The Hindu, 28 November 2010)

UID elicits mixed response (Deccan Herald, 23 November 2010)

Time to bury e-mail? (DNA, 21 November 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/december-2010-bulletin

Privacy matters

praskrishna — 2011-04-04T07:22:24Z

Privacy India invites individuals to attend “Privacy Matters”, a one-day conference on 23 January 2011 at the WB National University of Juridical Sciences (NUJS) Law School in Kolkata. Privacy India, Society in Action Group and the Centre for Internet & Society have joined hands to organize this.

The 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 Banks, 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.

Who We Are

Privacy India was set up in collaboration with the Centre for Internet & 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 and 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).

Download the poster

" Privacy Matters" Conference Agenda

Time	Item
10:30 11:00	Welcome: Rajan Gandhi a. Who is PI b. What are our objectives c. Why is privacy important in India
11:00 11:30	Keynote: Sudhir Krishnaswamy
11:30 11:45	Tea Break
11:45 1:00	Session I: Prashant Iyengar and Elonnai Hickok a. Personal privacy: Violations and Indian legislation that addresses these violations Case study: Nira Radia and wiretapping b. Informational privacy: Violations and Indian legislation that addresses these violations Case study: The proposed data protection legislation in India c. What is the existing vacuum in Indian legislation concerning privacy
1:00 2:00	Lunch
2:00 3:30	Session II: Prashant Iyengar, Deva Prasad, Amba Kak a. Identity and privacy: why does it matter b. International approaches to identity c. The UID and privacy
3:30 3:45	Tea Break
3:45 4:30	Open discussion and opinion sharing

VIDEOS

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

Digital Natives with a Cause? - workshop in Santiago Open Call

tettner — 2011-09-22T11:40:12Z

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. An open call for participation follows.

An Open Call for Participation

We invite you to share your perspectives in an informal conversation along people with similar approaches from neighboring communities. The workshop is open to applicants from, in and around Latin America and the Caribbean who are interested in an interactive and engaging dialogue that marks the beginning of the “Digital Natives with a Cause?” research inquiry into the region. “From Face to Interface” is part of a greater international research project with aims to produce a book in the English language, consolidating Digital Natives knowledge from the Global South. Moreover, the workshop aims at building a Knowledge Network in collaboration with the other participants and partners at previous workshops in Taipei and Johannesburg. Hence, a good working knowledge of English is necessary. This workshop will include the organizers based in India and the Netherlands, and participants will also come from countries where Spanish is not the primary language. Hence, a good working knowledge of English is necessary.Communication during the workshop will be English with Spanish language translations made available in selected parts of the workshop.

Participants can register by filling in an online application

form by January 4th, 2011.

Selected participants will be contacted by 8th January 2011. Travel expenses and accommodation will be provided to the selected participants. For more information do check out the frequently asked questions (FAQ) here. For any questions, concerns or comments please contact digitalnatives@cis-india.org

Dates: February 8-10th, 2011

Venue: Central Library of Chile, Santiago, Chile

For more details visit https://cis-india.org/digital-natives/blog/digital-natives-with-a-cause-workshop-in-santiago-open-call

Enabling Access to Education through ICT - Conference Report

praskrishna — 2013-01-28T10:14:03Z

The Centre for Internet and Society (CIS), Bangalore in cooperation G3ict, UNESCO, ITU, WIPO, The Deafway Foundation, DEF and SPACE with the gracious support of The Hans Foundation and the Department of Information Technology, MICT, New Delhi organized an international conference "Enabling Access to Education through ICT" in New Delhi from 27 to 29 October 2010. The event was sponsored by Hans Foundation.

Background

Persons with disabilities in India are often left out of mainstream schools and universities due to a variety of reasons, primarily the lack of awareness amongst educational organizations and teachers, near absence of infrastructural resources and lack of training in this regard. It is believed that barely two per cent of the 70 million disabled persons have access to education in India. Unless we take special efforts to remedy this situation by equipping teachers, educational institutions and the entire social infrastructure to adopt innovative, cost effective and technology based resources such as assistive technologies, ubiquitous Web, multiple platforms, social networks, online libraries and digital resources etc, they will continue to remain excluded from social participation.

Conference


Given above is a picture of the speakers from the Edict 2010 event in Delhi.

Edict 2010 was organised by the Centre for Internet and Society, in collaboration with G3ict, UNESCO, ITU, WIPO, The Deafway Foundation, DEF and SPACE with the gracious support of The Hans Foundation and the Department of Information Technology, MICT, New Delhi. The main aim was to highlight existing policy and practical barriers for students and educational institutions in developing countries, showcase ICT based solutions which are presently being adopted around the world and point to existing knowledge resources and emerging trends in education. The conference focused on enabling education at all levels: primary, secondary, tertiary and distance education and vocational training. The success of the conference was characterised by the fact that it brought together a wide range of stakeholders, including industry, special and mainstream educators, disability organisations, policymakers from the ministries of education (MHRD) and information technology (DIT), Technology developers and researchers, librarians and persons with disabilities, from several countries like India, USA, Switzerland, Japan, Nepal and Bangladesh, who were all experts with vast experience. Consequently, the sessions were extremely interactive, with a lot of inputs from the participants and it was commonly acknowledged that the sharing of information and learning was equal for both participants and speakers. The break out sessions resulted in a lot of recommendations and insightful observations from the four groups.

The conference was inaugurated by Smt. Vibha Puri Das, Secretary, Department of Higher Education, Ministry of Human Resource Development. Other special guests were Dr.Indrajit Banerjee, Director, Information and Communications sector, UNESCO and Mr. Andrew Tru from WIPO. Smt. Das released the first copy of the book, ‘E-Accessibility Handbook for Persons with Disabilities’, a book based on the G3ict-ITU on line e-Accessibility Toolkit for Policy makers, which was edited and published by CIS. Dr. Banerjee received the first copy. Smt. Das delivered the key note address; she outlined the situation with respect to education of persons with disabilities in India and highlighted some of the initiatives of the Ministry of Human Resource and Development. She especially drew attention to the NMEICT project of the MHRD, which is a huge fund for supporting initiatives which used ICT to promote Education through ICT. Till now, NMEICT has funded one disability related project for conversion of college level textbooks into daisy format in four languages. The project is being undertaken by IIT Calcutta. She concluded by inviting all persons and organisations present in the conference to apply to the fund for specific projects and said that the ministry would be happy to look at proposals for promoting education for persons with disabilities.

The key note address was followed by remarks from Dr. Banerjee, who gave an outline of UNESCO’s initiatives around the world on education and underscored the importance of attaining the Millennium Development Goal of Education for all for all developing countries and UNESCO’s commitment to support countries in their efforts to do so. Mr.Andrew Tru talked about WIPO’s commitment towards securing access to reading materials for persons with print disabilities in accessible formats around the world and focused on the deliberations on a treaty for the print impaired at WIPO, with special emphasis on the Stakeholders’ Platform initiative of WIPO.

The conference started off with welcome note from the organisers CIS, G3ict, UNESCO, ITU and WIPO. Smt. Vibha Puri Das, Secretary, Higher Education, Ministry of Human Resource and Development gave the key note address and released the e-Accessibility Policy Handbook for Persons with Disabilities, brought out by CIS in collaboration with G3ict and ITU and sponsored by Hans Foundation. The handbook will help regulators around the world in their policy making. Dr. Indrajit Banerjee, Director, UNESCO gave the introductory remarks. This followed by a presentation of Axel Leblois, Executive Director G3ict, on the dispositions of the UNCRPD relating to digital accessibility.

Over the three days, there were presentations from 29 experts on a variety of topics, ranging from discussing challenges and solutions in educational institutions, to technology development and policy formulation and implementation. The profiles of the speakers are given in Annexure A. The conference was attended by 77 participants and was also attended by a large number of participants from other conferences taking place in the hotel from time to time. The list of the 77 participants is given as Annexure B.

Conclusion

The conference was highly engaging and enabled the attendees to explore the challenges and opportunities and equipped them with the tools needed to implement ICT solutions within their organizations. There was a very high level of expertise amongst educators in the conference which was apparent from the discussions, there were persons who talked about education for the blind, deaf, persons with mental disabilities etc with great authority and put forward insightful perspectives. From a technology standpoint, there was a notion that broadband which was at present not easily available was about to explode because of the huge investment that the government was putting into it and hence it was possible that all the solutions which were being discussed in the conference would be more easily available to persons with disabilities uniformly around the country. There are many opportunities to leapfrog in India. In fact, many speakers considered cloud based technologies being adopted in school systems where there was broadband infrastructure available. There was a common consensus amongst all members present in the conference that universal accessibility could only be achieved with the involvement of all stakeholders; public-private partnership is key to ensuring that all private services and technology solutions are also accessible to persons with disabilities. Participants were very impressed with the innovative teaching methods and technologies in other countries, especially in Japan.


Above is a group photo of the participants at the Edict Conference

General Recommendations

Calls for proposals for funding projects should be widely publicized: It was a common feeling of all the participants that even though there were several funds which could be tapped into for projects, there was little information about where these funds existed, how they could be applied for and used to fund different kinds of projects. Government should make some effort to ensure that information about funding opportunities should reach intended beneficiaries.
Accessibility should be integrated into existing education projects: While it is important to initiate specific accessibility related projects, it is equally necessary to integrate accessibility into existing projects such as introducing creation and distribution of accessible content in existing ICT school programmes.
Focus to be given to training students with disabilities: all the groups felt that training was a huge issue and that support for students through training was required. SSA Karnataka gave a good presentation showing how it addressed the issue of training on a large scale. The groups highlighted that the UNCRPD placed an obligation on the government to raise awareness amongst persons with disabilities.
Priority attention should be given to the development of language based tools for all Indian languages, especially minority languages. This includes development of optical character recognition (OCR) and text to speech (TTS) software in different languages. This is critical for all levels and forms of education.
Access to broadband services for persons with disabilities at affordable prices to be promoted to enable effective use of technology to access educational content.
Need to create accessible content and accessible open resources: It was stressed that all study modules used by educators, and open educational resources must be in accessible formats in order to have the widest outreach to students. Cyndi Rowland gave an example where Federal grants would not go to programmes which created non accessible content.
Public procurement should be used to promote accessibility.
Government should focus on early intervention in education because very few disabled children actually enrolled in schools and even amongst those that enrol, a very miniscule percentage go on to complete secondary and higher education.
Need to have a well developed ecosystem: All schools must be equipped with resources to teach disabled children.
Solutions and teaching methods must be innovative and highly individualised. Common approaches to teaching disabled children are less likely to be successful.
Periodic and on going trainings must be given to field practitioners with special emphasis on sharing information about solutions which have been successful or failed in the past.

Specific Recommendations

Training colleges for educators should include a course on disabilities and education for students with disabilities.
Children with disabilities in CBSE, ICSE and all state boards should get at least three years to complete class 10th and 12th examinations.
Children with disabilities should be allowed to give examinations with computers and in formats of their choice.
Each child with a disability should get compulsory training in the use of computers using appropriate assistive technology and be provided these technologies free of cost or at subsidised rates.
The government should launch a mandatory ICT training programme for all teachers in rural and urban areas to train them in the use of assistive technologies.
Course materials for all classes should be provided in CDs and accessible formats in all schools for children with disabilities.
NMEICT should fund development of text to speech software in all Indian languages so that the vast majority of Indian children who cannot read or understand English can continue to study in their native language; it is strongly recommended that such development projects also be entrusted to companies and organisations directly who have expertise in this area and should not be conditional on working with an IIT, IISC or other similar institution. The NMEICT should also fund other projects for the disabled, such as for content creation and so on.
It is recommended that the Digital Library project, which is a praiseworthy and extremely important project for creating open resources to all existing regional and English books should be made accessible since it has the potential to benefit a very large number of persons with disabilities. At the moment, the project involves all the steps which are required to create accessible books, i.e., scanning and OCRing, however, despite the fact that OCR is done, the books are still uploaded as image files and not as accessible word or text or html files which can be read using screen readers. If this was done and we had access to TTS in Indian languages, we would have access to all the traditional Indian literature and manuscripts, which are invaluable to a researcher.
It is strongly recommended that the web sites of all educational institutions, both public and private should be made accessible so that persons using screen readers can access information about the courses, admissions, read about the organisations and apply on line for admissions. It is also recommended that persons with disabilities should be given the flexibility to take on line examinations and that these should be designed in an accessible manner.
It is recommended that all educational institutions and libraries should be made physically accessible for persons using wheelchairs.

What our Speakers and Partners Had to Say

"G3ict was most pleased to organize this very effective workshop with CIS: all stakeholders required to implement the dispositions of the Convention on the Rights of Persons with Disabilities in matters of accessible and assistive technologies in Education actively participated. Disabled Persons Organizations, governments, industry, schools, universities administrators and educators engaged in a very dynamic and practical exchange of experience which created a great learning opportunity for all participants. It also demonstrated that solutions, funding and expertise can be leveraged in India to leapfrog current implementation methods for accessible and assistive technologies. Many participants look forward to build on the momentum of the workshop to develop an ongoing national forum on accessible and assistive ICTs in education. It was clear from the discussions held with government officials that private-public cooperation including industry, education institutions and government agencies are likely to emerge as a result of this dialogue. A most inspiring workshop, among the most successful that G3ict has been involved with in terms of engaging key ICT accessibility stakeholders at a national level."

Axel Leblois

"There is an urgent need to teach disability studies in India across all levels of school and university. Ignorance and discrimination are so high that even the media does not attempt to mask its poor and misinformed portrayal of disabled people. This conference has started a welcome conversation in that direction."

Joyojit

"This meeting brought together an amazing array of individuals that included those with disabilities, those in education, those in Ministry positions, and experts from India and abroad. The energy was palpable and the work that began at this meeting will be felt throughout India for years to come. It is clear that this will be the first of many transformative meetings sponsored by CIS."

For the presentations, click here

Download the agenda and bios here [Word, 609 kb]

For more details visit https://cis-india.org/accessibility/blog/edict-report