Centre for Internet and Society

April 2011 Bulletin

praskrishna — 2012-07-30T10:45:01Z

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

Researchers@Work

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

Workshops organised in Bangalore

Shadow Search Project (SSP) [CIS, April 18, 2011]
Facebook Resistance [CIS, April 2, 2011]

Digital Natives with a Cause?

Digital Natives with a Cause? is a knowledge programme initiated by CIS and Hivos, Netherlands. It is a research inquiry that seeks to look at the changing landscape of social change and political participation and the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who want to critically engage with the dominant discourse on youth, technology and social change, in order to look at the alternative practices and ideas in the Global South. It also aims at building new ecologies that amplify and augment the interventions and actions of the digitally young as they shape our futures.

Columns on Digital Natives

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

Who the Hack? [Indian Express, April 24, 2011]
One for the avatar [Indian Express, April 3, 2011]

Digital Natives Newsletter

Links in the Chain is a bi-monthly publication which highlights the projects, ideas and news of the Digital Natives with a Cause? The first issue of volume IV is here:

links in the chain volume 4 Best Practices

New Blog Entry by Samuel Tettner

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

Cyber Fears: What scares Digital Natives and those around them

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.

Workshop organised in Hyderabad

Web Sites Accessibility Evaluation Methodologies: Conference Report

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 endeavour has resulted into these:

Submission

Comments on Draft National Policy on ICT in School Education

New Blog Entry

Towards Open and Equitable Access to Research and Knowledge for Development [PLoS, March 29, 2011]

Internet Governance

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

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

Featured Research

Interview

An Interview with Activist Shubha Chacko: Privacy and Sex workers

Workshops organized in Ahmedabad and Bangalore

'Privacy Matters', Ahmedabad: Conference Report [Ahmedabad Management Association, Ahmedabad, March 26, 2011]
Privacy, By Design [CIS, April 16, 2011]

New Blog Entries

Telecom

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

Column

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

Learning from Fukushima [published in the Business Standard on April 7, 2011]

News & Media Coverage

The Gary Chapman International School on Digital Transformation[International School on Digital Transformation, July 17-22, 2011]
Iraqi delegation in Bangalore to study e-governance projects [Economic Times, April 20, 2011]
Dark waders [Time Out Bengaluru, Vol. 3, Issue 20, April 15 - 28, 2011]
Beyond Clicktivism [Outlook, April 18, 2011]
Gone in a flash [Times of India, April 16, 2011]
How Web 2.0 responded to Hazare [Hindu, April 11, 2011]
EU Commissioner Hedegaard to deliver keynote address at consumer world congress
Net cracker [Time Out Bengaluru Vol. 3 Issue 19, April 1 - 14, 2011]
On the Path to Global Open Access: A Few More Miles to Go [PLoS, March 2011, Volume 8, Issue 3]

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

CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

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

April 2010 Bulletin

praskrishna — 2012-08-13T04:51:19Z

Greetings from the Centre for Internet and Society! We bring you updates of our research, events and news for the month of April 2010.

News Updates

Worries voiced over ID Project
The Government of India's Unique Identification (UID) Project came under flak at a workshop organised jointly by the Citizen Action Forum (CAF), the People's Union of Civil Liberties - Karnataka, the Alternative Law Forum and the Centre for Internet and Society - An article in The Hindu - 17th April.
http://cis-india.org/news/worries-voiced-over-id-project

UID: A debate on the Fundamental Rights
UID: A debate on the Fundamental Rights - was jointly organized by the Citizen Action Forum, People's Union for Civil Liberties - Karnataka, Alternative Law Forum and the Centre for Internet and Society on April 16th at IAT, Queens Road, Bangalore - An article in the Prajavani news paper - April 17th.
http://cis-india.org/news/uid-a-debate-on-fundamental-rights

UID is an invasion of Privacy: Experts
The Nandan Nilekani headed Unique Identification Authority of India (UIDAI) came in for much criricism at the first of a series of debates on the issue organised in the city on Friday - Deccan Chronicle, April 17th.
http://cis-india.org/news/uid-is-an-invasion-of-privacy-experts

Experts debate on UID and rights
Bangalore, Apr 16, DHNS: A debate on ‘UID and Fundamental Rights’ organised by several city-based organisations, discussed the social, ethical issues, economic and legal issues that accompanies the UID.
http://cis-india.org/news/experts-debate-on-uid-and-rights

Amendment to Copyright Act opposed
A report on the press conference held on 15th April, at the Press Club, Bangalore: The Hindu
http://cis-india.org/news/amendment-to-copyright-act-opposed

They fight for the visually challenged
Times News Network - A report on the press conference held at the Press Club, Bangalore on 15th April, 2010.
http://cis-india.org/news/they-fight-for-the-visually-challenged

Digital Natives Research Project Coordinator
The Centre for Internet and Society, Bangalore, in collaboration with Hivos Netherlands, is looking for a Research Project Coordinator to help develop a knowledge network and coordinate international workshops for the project "Digital Natives with a Cause?"
http://cis-india.org/news/research-coordinator

Expel or not? That is the question
The decision of an international school to expel 14 students for their alleged ‘promiscuous’ behaviour has led to much debate and discussion.
http://cis-india.org/news/expel-or-not

Nokia eyes GeNext to tap mobile email mkt
Finnish handset giant banks on youth to be in the technology race
http://cis-india.org/news/nokia-eyes-genNext

Research

Critical Point of View: Videos
The Second event for the Critical Point of View reader on Wikipedia was held in Amsterdam, by the Institute of Network Cultures and the Centre for Internet and Society. A wide range of scholars, academics, researchers, practitioners, artists and users came together to discuss questions on design, analytics, access, education, theory, art, history and processes of knowledge production. The videos for the full event are now available for free viewing and dissemination.

Colour Me Political
What are the tools that Digital Natives use to mobilise groups towards a particular cause? How do they engage with crises in their immediate environments? Are they using their popular social networking sites and web 2.0 applications for merely entertainment? Or are these tools actually helping them to re-articulate the realm of the political? Nishant Shah looks at the recent Facebook Colour Meme to see how new forms of political participation and engagement are being initiated by young people across the world.
http://cis-india.org/research/dn/dn2

Meet the Web 2.0 Suicide Machine
Digital Natives live their lives differently. But sometimes, they also die their lives differently! What happens when we die online? Can the digital avatar die? What is digital life? The Web 2.0 Suicide machine that has now popularly been called the 'anti-social-networking' application brings some of these questions to the fore. As a part of the Hivos-CIS "Digital Natives with a Cause?" research programme, Nishant Shah writes about how Life on the Screen is much more than just a series of games.
http://cis-india.org/research/dn/dn1

Digital Natives with a Cause?
Digital Natives With A Cause? - a product of the Hivos-CIS collaboration charts the scholarship and practice of youth and technology with a specific attention for developing countries to create a framework that consolidates existing paradigms and informs further research and intervention within diverse contexts and cultures.
http://cis-india.org/research/dn/dnrep

Advocacy

Accessibility

e-Accessibility: A Wiki Project
Envisaged and funded by the National Internet Exchange of India, and executed by the Centre for Internet and Society, a Wiki site pertaining to issues of disability and e-accessibility has recently been launched.
http://cis-india.org/advocacy/accessibility/blog/e-accessibility-a-wiki-project

Copyright Law as a tool for Inclusion
Can Copyright Law be used as a tool for Inclusion? Rahul Cherian examines this in his blog on copyright.
http://cis-india.org/advocacy/accessibility/blog/copyright-law-as-tool-for-inclusion

Web Accessibility as a Government Mandate?
Is Web accessibility just a Government Mandate? Should private sites be ignored? Wesolowski examines this in light of the steps taken by ictQATAR to make its website accessible to W3C standards, and hopes that Qatar and eventually all other Arab nations will follow suit and make Web accessibility much more of a mandate.
http://cis-india.org/advocacy/accessibility/blog/web-accessibility-government-mandate

Intellectual Property

When Copyright Goes Bad
A part of the Access to Knowledge Project, this short film by Consumers International is available on DVD and online at A2Knetwork.org/film.
http://cis-india.org/advocacy/ipr/blog/when-copyright-goes-bad

Openness

Research Project on Open Video in India
Open Video Alliance and the Centre for Internet and Society are calling for researchers for a project on open video in India, its potentials, limitations, and recommendations on policy interventions.
http://cis-india.org/advocacy/openness/blog/open-video-research

Does the Social Web need a Googopoly?
While the utility of the new social tool Buzz is still under question, the bold move into social space taken last week by the Google Buzz team has Gmail users questioning privacy implications of the new feature. In this post, I posit that Buzz highlights two privacy challenges of the social web. First, the application has sidestepped the consensual and contextual qualities desirable of social spaces. Secondly, Google’s move highlights the increasingly competitive and convergent nature of the social media landscape.
http://cis-india.org/advocacy/openness/blog/does-the-social-web-need-a-googopoly

The (in)Visible Subject: Power, Privacy and Social Networking
In this entry, I will argue that the interplay between privacy and power on social network sites works ultimately to subject individuals to the gaze of others, or to alternatively render them invisible. Individual choices concerning privacy preferences must, therefore, be informed by the intrinsic relationship which exists between publicness/privateness and subjectivity/obscurity.
http://cis-india.org/advocacy/openness/blog/the-in-visible-subject-power-privacy-and-social-networking

Internet Governance

Does the Safe-Harbor Program Adequately Address Third Parties Online?
While many citizens outside of the US and EU benefit from the data privacy provisions the Safe Harbor Program, it remains unclear how successfully the program can govern privacy practices when third-parties continue to gain more rights over personal data. Using Facebook as a site of analysis, I will attempt to shed light on the deficiencies of the framework for addressing the complexity of data flows in the online ecosystem.
http://cis-india.org/advocacy/igov/blog/does-the-safe-harbor-program-adequately-address-third-parties-online

Sense and censorship
Sunil Abraham examines Google's crusade against censorship in China in wake of the attacks on its servers in this article published in the Indian Express.
http://cis-india.org/advocacy/igov/blog/sense-and-censorship

Report on the Fourth Internet Governance Forum for Commonwealth IGF
This report by Pranesh Prakash reflects on the question of how useful is the IGF in the light of meetings on the themes of intellectual property, freedom of speech and privacy.
http://cis-india.org/advocacy/igov/blog/report-on-fourth-IGF

Telecom

The Right Ring Tone
Focus on improving service quality with a strong partner, and not on one-shot stake sales, says Shyam Ponappa in his article published in the Business Standard on April 1, 2010.
http://cis-india.org/advocacy/telecom/blog/ring-tone

Other Advocacy

Maps for Making Change Wiki Now Open to the Public
Since December 2009, CIS has been coordinating and nurturing the Maps for Making Change project, organised in collaboration with Tactical Tech. During the past four months, participants have been on a challenging yet fertile and inspiring journey that is now slowly coming to an end. Would you like to know more about what has happened in the time that has passed? The Maps for Making Change wiki is a good place to start.
http://cis-india.org/advocacy/others/maps-for-making-change-wiki-now-open-to-the-public

For more details visit https://cis-india.org/about/newsletters/april-2010-bulletin

Approaching Open Research via Open Data - Presentation at TERI, December 22, 2015

sumandro — 2016-01-12T14:37:38Z

The Energy and Resources Institute (TERI), Delhi, organised a seminar on 'Open Access in Research Area: A Strategic Approach' on December 22, 2015. We supported the seminar as a knowledge partner. Sumandro Chattapadhyay was invited to deliver a special address. Here are the notes and slides from the presentation.

The brief presentation foregrounded open data as a crucial part of open research, and also as an instrument of opening up research for public consumption, discussion, and scrutiny.

The presentation started with reference to the Open Access Dialogues organised by The African Commons Project and the Centre for Internet and Society during November 2012 to March 2013 that explored the global open access agenda from a developing world perspective.

I noted that one of the key findings from the Indian participants of the online consultations organised as part of the Open Access Dialogues was the need for a broader vision of open access. Open research data is a key component of this broader vision of open access and open research.

There was a brief discussion of how to start doing and thinking about open data as an approach to open research. I highlighted the need to get started on 1) getting government to open up data relevant to research, 2) opening up academic research data, and 3) sectoral conversations on data standards (technical and semantic); as well as the need to think about 1) open data as bridge across disciplinary communities, 2) quantification of life and the widening sphere of research data, and 3) academic research and public life.

In next slides, I quickly mentioned the international processes going on in the open data landscape - the conversation on open data and Sustainable Development Data, the possibility of using big (social and telecom) data for purposes of development monitoring, and the International Open Data Charter as a set of global principles for open data.

More about the seminar: http://cis-india.org/openness/teri-seminar-on-open-access-in-research.

For more details visit https://cis-india.org/openness/approaching-open-research-via-open-data-2015

APC starts research into spectrum regulation in Brazil, India, Kenya, Morocco, Nigeria and South Africa

praskrishna — 2011-04-02T11:56:04Z

Communication infrastructure is the foundation of the knowledge-based economy and while there has been a boom in the construction of undersea cables bringing potentially terabits of capacity to the African continent, the ability to deliver broadband to consumers is hampered by inefficient telecommunications markets and policies. Wireless connectivity offers tremendous potential to deliver affordable broadband to developing countries but inefficient spectrum policy and regulation means the opportunity to seize the advantages brought about by improvements in wireless broadband technologies are extremely limited.

Spectrum policy in a nutshell

Television, mobile phones, wireless networking and amateur radio all transmit their data using radio waves. Different parts of the radio spectrum are used for different radio transmission technologies and applications and ranges of allocated frequencies are often referred to by their provisioned use (for example, wireless spectrum or television spectrum). Spectrum policy around the world focuses on three factors – allocation, assignment and enforcement.

Allocation sets aside spectrum for specific uses such as cell phones at 1.9 GHz, and broadcast TV at 500 Mhz.
Assignment is most widely carried out through spectrum auctions. In a spectrum auction, those who make the highest bid secure use of the spectrum.
Enforcement (within nations) is usually split between two institutions – a governmental/ministerial one that overseas spectrum relating to and reserved for national security and a regulatory one for the enforcement of spectrum that fulfils commercial and/or socio-economic objectives.

We are seeing accelerated change in the capacity of wireless technologies to deliver affordable access. According to wireless pioneer Martin Cooper, “every 30 months the amount of information that can be transmitted over a given amount of radio spectrum doubles”. However, without forward-looking policy and regulation that can embrace the rapid change in wireless technologies, African, Asian and Latin American countries will miss the opportunity to allow affordable, pervasive wireless broadband infrastructure to develop in their countries.

Unfortunately, one of the biggest barriers to utilising this opportunity is simply a lack of awareness of global trends and of what policy and regulatory processes exist to manage spectrum.

APC’s new research: Understanding spectrum regulation
The overall goal of APC’s new research project is to provide an understanding of spectrum regulation in several countries in Africa, Asia and Latin America, not just in terms of making information available, or how spectrum is assigned, but who deals with spectrum and what policy or regulatory framework is currently in use.

The procedures governing spectrum allocation and assignment are often opaque, highly technical and governed by an inner circle of technical experts in the regulators, operators and equipment suppliers in each country. An important dimension of the research will lie in decoding some of this complexity and making the information as transparent and accessible as possible. The research will also seek to examine arguments that proclaim the scarcity of spectrum1.

The research is timely as the rapid growth of wireless and mobile in Asia, Africa and Latin America is raising fresh questions about the use of spectrum and the policies that govern it. Civil society-based alliances such as the Open Spectrum Alliance in South Africa2 and the national broadband campaigns in South Africa3, Ghana and Nigeria are raising spectrum issues. Digital migration and the opportunity it creates to make use of white spaces in frequencies currently allocated for broadcasting for broadband wireless networks has renewed interest by governments in auctioning off blocks of spectrum as a revenue-generating mechanism. The research will feed into this dynamic context of debate and dialogue on spectrum regulation and wireless broadband.

Indians look beyond the present

In India the research will go beyond the current status of spectrum regulation and and also will look at the current and potential use of pooled spectrum and infrastructure sharing by mobile operators. Pooled spectrum is an alternative to the open spectrum approach with licensed network/facilities providers and regulated rates/tariffs (because of the rationale of network economies). The Indian study will also explore two additional areas which could also be of value in other parts of the world:

Whether spectrum rights can remain publicly owned/operated by the government, while usage rights are made available for a fee; and, the costs and benefits of larger bands of open spectrum versus the experience-curve benefits of legacy systems, with indicative time frames.

The APC open spectrum for development initiative will be implemented in partnership with the Open Society Institute (OSI), the International Development Research Centre (IDRC), the Shuttleworth Foundation in South Africa and the Centre for Internet and Society in India. OSI is supporting the research in Kenya, Morocco and Nigeria and IDRC the research in Brazil and India.

Read more about the APC’s Open spectrum project

Click here for the original article in APC

For more details visit https://cis-india.org/news/research-into-spectrum-regulation

Anti-Spam Laws in Different Jurisdictions: A Comparative Analysis

Rakshanda Deka — 2015-07-02T16:21:01Z

This paper is divided into three sections. The first section puts forth a comparative table of the spam laws of five different countries - the United States of America, Australia, Canada, Singapore and the United Kingdom - based on eight distinct parameters- jurisdiction of the legislation, definition of ‘spam’, understanding of consent, labelling requirements, types of senders covered, entities empowered to sue, exceptions made and penalties prescribed. The second section is a brief background of the problem of spam and it attempts to establish the context in which the paper is written. The third section is a critical analysis of the laws covered in the first section. In an effort to spot the various loopholes in these laws and suggest effective alternatives, this section points out the distinctions between the various legislations and discusses briefly their respective advantages and disadvantages.

Note:- This analysis is a part of a larger attempt at formulating a model anti-spam law for India by analyzing the existing spam laws across the world.

	CAN-SPAM Act, 2003	Spam Act, 2003 (Australia)	Spam Control Act, 2007 (Singapore)	Canada's Anti-Spam Legislation, 2014	The Privacy and Electronic Communications (EC Directive) Regulations, 2003 (United Kingdom)
Jurisdiction	National Jurisdiction. The defendant must be either an inhabitant of the United States or have a physical place of business in the US.[1]	National Jurisdiction. Must have an "Australian link" i.e. (a) the message originates in Australia; or (b) the individual or organisation who sent the message, or authorised the sending of the message, is: (i) an individual who is physically present in Australia when the message is sent; or (ii) an organisation whose central management and control is in Australia when the message is sent; or (c) the computer, server or device that is used to access the message is located in Australia; or (d) the relevant electronic account-holder is: (i) an individual who is physically present in Australia when the message is Spam Act, 2003, § 7 Spam Control Act, 2007, § 7(2) Canada's Anti-Spam Legislation, 2014, §accessed; or (ii) an organisation that carries on business or activities in Australia when the message is accessed; or (e) if the message cannot be delivered because the relevant electronic address does not exist-assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server or device located in Australia.[2]	National Jurisdiction. Must have a "Singapore link" An electronic message has a Singapore link in the following circumstances: (a) the message originates in Singapore; (b) the sender of the message is - (i) an individual who is physically present in Singapore when the message is sent; or (ii) an entity whose central management and control is in Singapore when the message is sent; © the computer, mobile telephone, server or device that is used to access the message is located in Singapore; the recipient of the message is- (i) an individual who is physically present in Singapore when the message is accessed; or (ii)an entity that carries on business or activities in Singapore when the message is accessed; or (e) if the message cannot be delivered because the relevant electronic address has ceased to exist (assuming that the electronic address existed), it is reasonably likely that the message would have been accessed using a computer, mobile telephone, server or device located in Singapore.[3]	Extends to cases where the mail originates in a foreign state but is accessed in Canada Section 6 of the CASL prohibits the sending of unsolicited CEMs.[4] As per Section 12 of the CASL, A person contravenes section 6 only if a computer system located in Canada is used to send or access the electronic message. CASL applies to CEMs sent from, or accessed in, Canada.[5] So, if a CEM is sent to Canadians from another jurisdiction, CASL will apply. Notably, there is an exception where the person sending the message "reasonably believes" that the message will be accessed in one of a list of prescribed jurisdictions with anti-spam laws thought to be 'substantially similar' to CASL and the message complies with the laws of that jurisdiction.	European Union These regulations can be enforced against a person or a company anywhere in the European Union who violates the regulations.
Definition Of Spam	"unsolicited, commercial, electronic mail"[6], where a commercial electronic mail is "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service"[7]	"unsolicited commercial electronic messages" where electronic message means a message sent "using an internet carriage service or any other listed carriage service; and to an electronic address in connection with: an e-mail account; or an instant messaging account; or a telephone account; or a similar accounts."[8]	"unsolicited commercial electronic message sent in bulk", where a CEM is unsolicited if the recipient did not- i) request to receive the message; or ii)consent to the receipt of the message;[9] and CEMs shall be deemed to be sent in bulk if a person sends, causes to be sent or authorizes the sending of- a) more than 100 messages containing the same subject matter during a 24-hour period; b) more than 1,000 messages containing the same subject matter during a 30-day period; c) more than 10,000 messages containing the same subject matter during a one-year period.	"unsolicited, commercial, electronic message"[10] where, an "electronic message" means a message sent by any means of telecommunication, including a text, sound, voice or image message.[11]	These rules apply to all unsolicited direct marketing communications by automatic call machines[12], fax[13], calls[14] or e-mail[15]. Where, "direct marketing" is defined as "the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals"[16] The UK used its discretion to include voice-to-voice telephone calls as well.
Consent Requirement	Opt-out	Opt-in	Opt-out	Opt-in	Opt-in
Consent Requirement	CEMs are unlawful unless the message provides- (i)clear and conspicuous identification that the message is an advertisement or solicitation; (ii)clear and conspicuous notice of the opportunity under paragraph (3) to decline to receive further commercial electronic mail messages from the sender; and (iii) a valid physical postal address of the sender.[17]	Section 16 prohibits the sending of unsolicited commercial electronic messages. However, where a recipient has consented to the sending of the message, the said prohibition does not apply.[18] Consent means: (a) express consent; or (b) consent that can reasonably be inferred from: (i) the conduct; and (ii) the business and other relationships; of the individual or organisation concerned.[19]	CEMs are unlawful unless the message contains- 1 a) an electronic mail address, an Internet location address, a telephone number, a facsimile number or a postal address that the recipient may use to submit an unsubscribe request; and b) a statement the above information may be utilized to send an unsubscribe request. 2. Where the unsolicited CEM is received by text or multimedia message sent to a mobile telephone number, the CEM must include a mobile telephone number to which the recipient may send an unsubscribe request. [20]	Under the CASL, it is prohibited to send or cause or permit to be sent to an electronic address a commercial electronic message unless, (a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied; and (b) The message must- (i) set out prescribed information that identifies the person who sent the message and the person - if different - on whose behalf it is sent; (ii) set out information enabling the person to whom the message is sent to readily contact one of the persons referred to in paragraph (i); and (iii) set out an unsubscribe mechanism in accordance with subsection 11(1) of CASL.[21]	Under Section 19 , A person shall neither transmit, nor instigate the transmission of, communications comprising recorded matter for direct marketing purposes by means of an automated calling system except in the circumstances where the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller on that line. Under Section 20 , A person shall neither transmit, nor instigate the transmission of, unsolicited communications for direct marketing purposes by means of a facsimile machine where the called line is that of an individual or a company except in the circumstances where the individual subscriber has previously notified the caller that he consents for the time being to such communications being sent by, or at the instigation of, the caller. Under Section 21, A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where the called line is that of a subscriber who has previously notified the caller that such calls should not for the time being be made on that line. Under Section 22 , a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.
Labelling Requirements	Warning Labels mandatory on e-mails containing pornographic content No person may send to a protected computer, any commercial electronic mail message that includes sexually oriented material and- (a) fail to include in subject heading for the electronic mail message the marks or notices prescribed by the law; or (B) fail to provide that the matter in the message that is initially viewable to the recipient, when the message is opened by any recipient and absent any further actions by the recipient, includes only- (i) material which the recipient has consented to; (ii) the identifier information required to be included in pursuance Section 5(5); and (iii) Instructions on how to access, or a mechanism to access, the sexually oriented material.[22]	Not Applicable.	True e-mail title and clear identification of advertisements with "ADV" label Every unsolicited CEM must contain- a) where there is a subject field, a title which is not false or misleading as to the content of the message; b) the letters "<ADV>" with a space before the title in the subject field or if there is no subject field, in the words first appearing in the message to clearly identify that the message is an advertisement; c) header information that is not false or misleading; and d) an accurate and functional e-mail address or telephone number by which the sender can be readily contacted.[23]	Not Applicable.	Not Applicable.
Other Banned/Restricted Activities	Illegal Access- Prohibition Against Predatory and Abusive Commercial E-Mail- "Whoever, in or affecting interstate or foreign commerce, knowingly- (1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple CEMs from or through such computer, (2) uses a protected computer to relay or retransmit multiple CEMs, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages, (3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages, (4) registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or (5) falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses, or conspires to do so, shall be punished as provided for in the Act.[24]	Supply of address harvesting software and harvested‑address lists "A person must not supply or offer to supply: (a) address‑harvesting software; or (b) a right to use address‑harvesting software; or (c) a harvested address list; or (d) a right to use a harvested‑address list; to another person if: (e) the supplier is: (i) an individual who is physically present in Australia at the time of the supply or offer; or (ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer; or (f) the customer is: (i) an individual who is physically present in Australia at the time of the supply or offer; or (ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer."	Dictionary Attacks and Address harvesting software "No person shall send, cause to be sent, or authorize the sending of, an electronic message to electronic addresses generated or obtained through the use of- a) a dictionary attack; b) address harvesting software.[25] Where, "dictionary attack" means the method which by which the electronic address of a recipient is obtained using an automated means that generates possible electronic addresses by combining names, letters, numbers, punctuation marks or symbols into numerous permutations.[26] And, "address harvesting software" means software that is specifically designed or marketed for use for- a)searching the Internet for electronic addresses; and, b) collecting, compiling, capturing or otherwise harvesting those electronic addresses."[27]	Altering Transmission Data "It is prohibited, in the course of a commercial activity, to alter or cause to be altered the transmission data in an electronic message so that the message is delivered to a destination other than or in addition to that specified by the sender, unless (a) the alteration is made with the express consent of the sender or the person to whom the message is sent, and the person altering or causing to be altered the data complies with subsection 11(4) of CASL; or (b) the alteration is made in accordance with a court order.[28] Installation of Computer Program A person must not, in the course of a commercial activity, install or cause to be installed a computer program on any other person's computer system or, having so installed or caused to be installed a computer program, cause an electronic message to be sent from that computer system, unless (a) the person has obtained the express consent of the owner or an authorized user of the computer system and complies with subsection 11(5) of the CASL; or (b) the person is acting in accordance with a court order. (2) A person contravenes subsection (1) only if the computer system is located in Canada at the relevant time or if the person either is in Canada at the relevant time or is acting under the direction of a person who is in Canada at the time when they give the directions."[29]	Electronic mail for direct marketing purposes where the identity or address of the sender is concealed A person shall neither transmit, nor instigate the transmission of, a communication for the purposes of direct marketing by means of electronic mail- (a) where the identity of the person on whose behalf the communication has been sent has been disguised or concealed; or (b)where a valid address to which the recipient of the communication may send a request that such communications cease has not been provided.
Types of Senders Covered	Spammers and beneficiaries- the term ''sender'', when used with respect to a commercial electronic mail message, means a person who initiates such a message and whose product, service, or Internet web site is advertised or promoted by the message."[30]	Spammers and beneficiaries- A person must not send, or cause to be sent, a commercial electronic message that: (a) has an Australian link; and (b) is not a designated commercial electronic message.[31]	Spammers, beneficiaries, and providers of support services "sender" means a person who sends a message, causes the message to be sent, or authorizes the sending of the message.[32] Further, persons aiding or abetting the offences under Section 9 or 11 are also punishable under the Act.[33]	Spammers and beneficiaries- Under Section 6, it is prohibited to send or cause or permit to be sent to an electronic address a CEM. Under Section 7, It is prohibited, in the course of a commercial activity, to alter or cause to be altered the transmission data in a CEM. Under Section 8, A person must not, in the course of a commercial activity, install or cause to be installed a computer program on any other person's computer system or, having so installed or caused to be installed a computer program, cause an electronic message to be sent from that computer system.	Spammers and beneficiaries- The texts of Sections 19, 20, 21 and 22 all prohibit the transmission as well as the instigation of the transmission of, communications for direct marketing purposes without the consent of the recipient.
Who Can Sue	FTC[34], Attorney Generals[35], ISPs and IAPs[36] and most recently even companies/private entities[37]	Australian Communications and Media Agency (ACMA)[38]	Any injured party, including individual users.[39]	Any injured party, including individual users.[40]	Any person who suffers damage by reason of any contravention of any of the requirements of these Regulations.[41]
Exceptions	Transactional or Relationship Messages [42] where, The term ''transactional or relationship message'' means an electronic mail message the primary purpose of which is- (i) to facilitate, complete, or confirm a commercial transaction; (ii) to provide warranty information, product recall information, etc. with respect to a commercial product or service used or purchased by the recipient; (iii) to provide notifications- (I) concerning a change in the terms or features of; (II) of a change in the recipient's standing or status with respect to; or (III) information with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender; (iv) to provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or (v) to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.	Designated Commercial Electronic Message (DCEM). A DCEM is a message containing purely factual information, any related comments of non-commercial nature and some limited commercial information as to the identity of the sender company/individual.[43] A message is a DCEMs if- a) the sending of the message is authorized by any of the following bodies: (i) a government body; (ii) a registered political party; (iii) a religious organization; (iv) a charity or charitable institution; and (b) the message relates to goods or services; and (c) the body is the supplier, or prospective supplier, of the goods or services concerned.[44] Messages from educational institutions: an electronic message is a *DCEM* if: (a) the sending of the message is authorised by an educational institution; and (b) either or both of the following subparagraphs applies: (i) the relevant electronic account‑holder is, or has been, enrolled as a student in that institution; (ii) a member or former member of the household of the relevant electronic account‑holder is, or has been, enrolled as a student in that institution; and (c) the message relates to goods or services; and (d) the institution is the supplier, or prospective supplier, of the goods or services concerned.	Electronic Messages authorized by the Government[45] The Act does not apply to any electronic message where the sending of the message is authorized by the Government or a statutory body on the occurrence of any public emergency, in the public interest or in the interests of public security or national defence.[46] A certificate signed by the Minister shall be conclusive evidence of existence of a public emergency and the other above stated matters.[47]	Family and Personal relationships, where "Family relationship" is a relationship between two people related through marriage, a common law partnership, or any legal parent-child relationship who have had direct, voluntary two-way communications; and "personal relationship" means a relationship between two people who have had direct, voluntary two-way communications where it would be reasonable to conclude that the relationship is personal.[48] Mails sent to an individual who practices a particular commercial activity with the mail containing solely an inquiry or application related to that activity[49]. A mail which - provides a quote or estimate for the supply of a product, goods, a service, etc. if requested by the recipient; · facilitates, completes or confirms a commercial transaction that the recipient previously agreed to enter into with the sender; · provides warranty information, product recall information etc. about a product, goods or a service that the recipient uses, has used or has purchased; · provides notification of factual information about- (i) the ongoing use or ongoing purchase by the recipient of a product, goods or a service offered under a subscription, membership, account, loan or similar relationship by the sender, or · provides information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, is currently participating or is currently enrolled; · delivers a product, goods or a service, including updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that they have previously entered into with the sender.[50] · Telecommunications service provider merely because the service provider provides a telecommunications service that enables the transmission of the message.[51] · CEMs which are two-way voice communication between individuals sent by means of a facsimile or a voice recording sent to a telephone account.[52]	A person may send or instigate the sending of electronic mail for the purposes of direct marketing where - (a) the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient; (b) the direct marketing is in respect of that person's similar products and services only; and (c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.[53]
Penalties	Civil and Criminal Statutory damages- Amount calculated by multiplying the number of violations by up to $250. Total amount of damages may not exceed $2,000,000. [54] Imprisonment- upto 5 years.[55] Forfeiture from the offender, of- i) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; ii) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.[56]	Civil only For a body corporate without prior record, for upto 2 contraventions, civil penalty should not exceed i) 100 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 50 penalty units in any other case. For more than 2 contraventions, civil penalty should not exceed i) 2000 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 1000 penalty units in any other case. For a body corporate with prior record, for upto 2 contravention, civil penalty should not exceed i) 500 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 250 penalty units in any other case. For more than 2 contraventions, civil penalty should not exceed i) 10,000 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 5,000 penalty units in any other case. For a person without prior record, for upto 2 contraventions, civil penalty should not exceed i) 20 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 10 penalty units in any other case. For more than 2 contraventions, civil penalty should not exceed i) 400 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 200 penalty units in any other case. For a person with prior record, for upto 2 contravention, civil penalty should not exceed i) 100 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 50 penalty units in any other case. For more than 2 contraventions, civil penalty should not exceed i) 2,000 penalty units if the if the civil penalty provision is subsection 16(1), (6) or (9); or ii) 1,000 penalty units in any other case.[57]	Civil only i) Injunction ii) Damages- calculated in terms of loss suffered as a direct or indirect result of the contravention of the Act. ii) Statutory Damages not exceeding $25 for each CEM; and not exceeding in the aggregate $1 million, unless the plaintiff proves that his actual loss from such CEMs exceeds $1 million.[58] iii)Costs of litigation to the plaintiff.[59]	Civil only Administrative Monetary Penalty , the purpose of which is to promote compliance with the Act and not to punish.[60] The maximum penalty for a violation is $1,000,000 in the case of an individual, and $10,000,000 in the case of any other person.[61]	Civil on private action; Criminal for non-compliance with IC's notice A person who suffers damage by reason of any contravention of any of the requirements of these Regulations by any other person shall be entitled to bring proceedings for compensation from that other person for that damage.[62] The enforcement authority for these regulations is Britain's Information Commissioner who oversees both the Act and the Regulations, and investigates complaints and makes findings in the form of various types of notices.[63] Failure to comply with any notice issued by the Information Commissioner is a criminal offence and is punishable with a fine of upto £5000 in England and Wales and £10,000 Scotland.[64]

THE PROBLEM OF SPAM -WHY IT PERSISTS

As per a study conducted by Kaspersky Lab in 2014, 66.34% of all messages exchanged over the internet were spam.[65] Over the 2000s, several countries recognized the threats posed by spam and enacted specific legislations to tackle the same. The ones taken into consideration in this paper are the CAN-SPAM Act, 2003 of the United States, Canada's Anti-Spam Legislation, 2014, The Spam Act, 2003 of Australia, Singapore's Spam Control Act, 2007 and The Privacy and Electronic Communications (EC Directive) Regulations, 2003 (United Kingdom). As will be analyzed in the course of this paper, none of these laws have evolved to become comprehensive mechanisms for combating spam yet. Nevertheless, post the enactment of these laws, spam has reduced as a percentage of the net email traffic; however, the absolute quantity of spam has increased owing to the exponential growth of email traffic universally.[66]

Who Benefits from Spam?

1. Commercial establishments - Spamming is one of the most cost-effective means of promoting products and services to a large number of potential customers. Spams are not necessarily duplicitous and often contain legitimate information to which a fraction of the recipients respond positively. As per a recent study, for spam to be profitable, only 1 in 25,000 spam recipients needs to open the email, get enticed, and make a gray-market purchase.[67]

2. Non-commercial establishments benefitting from advertisements - Many seemingly non-profit messages benefit from revenue generated through advertisements when recipients visit their site. Advertisers pay these sites either per click or per impression.

3. Spammers - The costs incurred by spammers largely include the cost of e-mail/phone number harvesting and the cost of paying botnet operators. As compared to the revenue generated as a percentage of profits earned by the merchant on whose behalf spam messages are sent, these costs are negligible.[68]

Thus, spamming proves to be an activity that involves minimal investment and often yields some response from prospective clients.

The impact of spam is clearly widespread. Presently, India lacks a specific anti-spam legislation. In consideration of the swelling growth of spam across the globe and the increasing number of Indian users, it is of utmost urgency that a specific legislation is formulated to tackle the issue.

OBSERVATIONS AND ANALYSIS

1. Definition of Spam

a. 'Spam' must be defined in a technologically neutral manner

The legislations analyzed in this paper deal with either one or a cluster of modes of communication through which spam may be sent. However, it is essential that 'spam' is defined in a manner that is technologically neutral. Most commercial spam is aimed at promoting products and services to a large number of prospective customers. Thus, making only spam e-mails illegal, like the CAN-SPAM Act does, fails to address the issue wholly as companies would always retain the option of sending unsolicited messages through other communicative devices. It becomes an issue of merely switching modes of communication without there being any actual deterrence to spamming. Thus, a narrow understanding of spam, limiting it to one or few modes of communication, is problematic and for a model law, a broader definition that discourages unsolicited messages sent via any network is warranted.

b. Non-commercial spam must also be addressed

The five legislations examined in this paper address only the issue of unsolicited 'commercial' mails/messages. For instance, under the CAN-SPAM, a commercial mail means " any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service". Singapore's Spam Control Act defines a commercial message in a similar fashion but more elaborately. CASL, while limiting the scope of the law to commercial mail, additionally prescribes that such communication need not have a profit motive. Australia's Spam Act defines a commercial message as a message that has the purpose of offering, advertising or promoting goods or services or the supplier or prospective supplier of goods or services. Under the EC Directive, the term used is 'marketing communication'; however, in essence, it includes only commercial communications.[69] These definitions suffer from an obvious exclusion error. It is known from experience that not all unsolicited messages received are in pursuance of commercial interests. Often, unsolicited mails and messages are received with explicit sexual content as well as promoting political and religious agendas sent by party volunteers.

Thus, it would be in higher consonance with the greater aim of curbing spam to broaden the scope of these legislations to address both commercial as well as non-commercial messages.

c. Bulk requirement and its quantification

The Singaporean law makes 'sent in bulk' a mandatory requirement for spam. However, deciding what quantity of a particular message qualifies it as bulk is difficult. If an objective threshold is set, say 100 messages in 24 hours, then anything short of that, say even 99 messages, go unaddressed simply because it does not meet the statutory requirement of being in bulk. This enables spammers to misuse the law by marginally falling short of the threshold and still continuing to spam. The issue here is comparable to the one faced in setting age as bar to criminal culpability. No matter what, any number arrived at is likely to be arbitrary and consequently subject of criticism. A possible way to tackle this would be to strengthen the unsubscribe mechanisms by virtue of which individuals are able to, at the very least, stop receiving unsolicited mails. For the determination of threshold for State action and its feasibility, a much more detailed study is merited.

2. Consent Requirement

	Opt- out Model	Opt-in Model	Double Opt-in Model
Countries following the model	United States of America and Singapore	Canada, Australia and the United Kingdom	None at present.
When messages may be sent	At all times until recipient voluntarily opts out/unsubscribes.	Only after the recipient voluntarily opts-in/subscribes to receive messages by submitting his/her contact details to be part of a particular mailing list.	Only after the recipient responds in the affirmative to the confirmation mail sent by the sender on receiving an opt-in request from the recipient.
Specific requirements	1. The mail/message must bear a clear identifier of its content. E.g. marked as 'ADVT' for advertisements; 2. An 'unsubscribe' option must be provided in the message which may be utilized by the recipient to express his/her disinterest in the message; and 3. The message must conspicuously bear a valid physical postal address.	N/A	N/A
Advantages	Promotes commercial speech rights- Since the default position presumes the right to market, average collection rates are considerably higher as more emails can be sent to more people.	1. Reduction in unsolicited messages- Commercial messages are not sent until the recipient voluntarily consents to receiving such messages by submitting his/her contact information. 2. Availability of unsubscribe option- Even after a recipient voluntarily opts in, he/she still has the right to withdraw from such messages by unsubscribing.	1. Ensures people are entering their information correctly, which equals a cleaner list and lowers bounce rates. 2. Reduces the probability of spam complaints because subscribers have had to take the extra step to confirm their consent.
Disadvantages	1. This merely places the burden of reduction of spam on the recipients. 2. The functionality of the 'unsubscribe' link is itself questionable. Very often these links themselves are fraudulent. In such a case, the recipient is further harmed before any opting-out can even take place. 3. In the absence of any strict regulatory oversight, there exists no incentive for the senders to strictly address unsubscribe requests.	1. Consent may be obtained in fact but not in spirit through inconspicuous pre-ticked check boxes. 2. E-mail addresses may be added to a list by spambots. Where, the person 'opted-in' may not actually be the person opting in. 3. Errors may be made when entering emails; a typo may result in someone submitting an address that is not theirs. 4. Legitimate addresses may be added by someone who does not own the address.	1. Genuine subscribers may not understand clearly the confirmation process and fail to click the verification link. 2. Confirmation emails may get stuck in spam filters.

The comparison above highlights that the opt-out model as well as the opt-in model may leave loopholes. The opt-in model has been advocated for as the better model as compared to the opt-out model as it prohibits the sending of messages unless the recipient consents to receiving such messages. However, as pointed out above, in this model consent may be given by entities other than the owner of the contact details. In such a situation, a double opt-in model may be a viable option to contemplate as it is the only model where it can be ensured that only the addressee is enabled to successfully opt-in.[70]

Presently, the double opt-in model has not been adopted by any of the countries discussed in this paper. Nonetheless, it seems to have the potential to aid the fight against spam more effectively than the existing models. Its real efficacy however, shall be proven only on practical implementation.

3. Exceptions

a. Family and Personal Relationships

Under the CASL, an exception is made for 'personal relationships' and 'family relationship'. However, these terms are defined quite narrowly. For instance, family relationship is defined as 'a relationship between two people related through marriage, a common law partnership, or any legal parent-child relationship and those individuals have had direct, voluntary, two-way communication'.^[71] This implies that in a situation where an individual wants to send a message offering to sell something to an individual in his extended family, say his cousins, doing so without obtaining their consent first, would qualify his mail as spam under the CASL. This would become especially problematic in the Indian context where comparatively larger family structures prevail.

In the anti-spam legislations of the other four countries, no such exceptions are made. Quite obviously, these exceptions are of crucial significance and must be provided in any anti-spam legislation; however, it is important that they are defined in a manner such that their actual purpose i.e. of exclusion of familial and personal relationships from regulations applicable to spammers, is effectively achieved and the law does not become a creator for unnecessary litigation.

b. Transactional Messages

The term 'transactional messages' is used only under the CAN-SPAM Act of the USA. It basically covers messages sent when the recipient stands in an existing transactional relationship with the sender and the mail contains information specific to the recipient. It also includes employment relationships. In CASL, a similar exception is made under Section 6(6). The section is worded almost identically as the CAN-SPAM provision, though the term 'transactional messages' is not used. In the UK laws, messages for the purpose of direct marketing may be sent where the contact information of the recipient is received in the course of the sale or negotiations for the sale of a product or service to that recipient, thus implying an existing transactional relationship. One added proviso under the UK law is that the recipient must be clearly and distinctively given the opportunity to object, free of charge and in an easy manner, to the use of the e-mail address when collected and on the occasion of each message in case the customer has not initially refused such use.[72]

An exception for transactional messages is essential to ensure freedom of commercial speech rights even while effectively tackling spam. In the formulation of a model law, a combination of the American and the English laws may be workable.

c. Governmental Messages

The Spam Act, 2003 of Australia makes an exemption for 'designated commercial electronic message (DCEM)'. This exemption is to avoid any unintended restriction on communication between the government and the community.^[73] In order to be a DCEM, a message must-

1. Be authorized by the government;

2. Contain purely factual information and any related comments of non-commercial nature; and

3. Contain some information as to the identity of the sender company/individual.

DCEMs need not always be sent by government bodies and may also be sent by third parties authorized by the government.^[74] Such messages are exempt from the consent requirement as well as the unsubscribe option requirement but must comply with the identifier requirement. However, where government bodies are operating in a competitive environment, the provisions of the act would apply normally to them.^[75]

Similarly, Singapore's Spam Control Act does not apply to any electronic message where the sending of the message is authorized by the Government or a statutory body on the occurrence of any public emergency, in public interest or in the interests of public security or national defence.

These exemptions are essential in order to enable free communication of important information between the government and the citizens. The Singaporean wording of the exception is rather broad and would give the government immense space for misusing the law. Such a wording might be more effective if supplemented with the Australian proviso wherein governmental communications operating in a competitive environment are excluded.

4. Penalties

a. Penalties must be higher than benefit from spamming

If the penalty prescribed itself is too low, such that loss suffered from paying penalties is lower than net benefit from spamming, the spammer is not sufficiently deterred. Four out of the five countries analyzed in this paper prescribe only civil penalties in the form of fines for spamming. Recently, a Facebook spammer was found to have made a profit of $200 million in a year.[76] For instance, as noted above, the Australian law sets a limit for penalty at $1 million. Thus, such a penalty would constitute a small fraction of the profit from spamming and would not deter a spammer.

b. High penalty does not imply effective deterrence where probability of prosecution is low.

The CAN-SPAM Act prescribes the harshest penalties including both civil as well as criminal penalties. However, it has been rather ineffective in reducing spam. This is for the reason that this Act is more about how to spam legally than anything else. It is more like- ' you can spam but do not use false headers.'[77] As a consequence, unintentional spam from ignorant commercial establishments has reduced. However, due to easy compliance standards, the 'real' spammers still go undetected to a large extent.[78] Thus, even moderate penalties may serve as good deterrents where the probability of prosecution is high.

c. Effective enforcement is the key to effective deterrence.

The cornerstone of an effective spam law is effective enforcement. Penalties must be enforced in a manner that the cost of punishment is always higher than the benefit from spamming and the probability of conviction is high. In order to implement legislative measures effectively, governments should also undertake an information campaign on spam issues targeting users, business communities, private sector groups and other stakeholders as the one primary reason for sustenance of spam is the response received from certain recipients. Such supplementary activities would also facilitate the preservation of commercial rights as excessive penalties could inhibit regular commercial activities.

CONCLUSION

The observations made in this paper are crucial to the formulation of a model anti-spam law for India. The most important part of any ant-spam legislation would be the definition of 'spam' which, as established above, must be technologically neutral in order to be able to address as much unsolicited communication as possible. On the question of consent, a double opt-in is what this paper would propose. This model has been contemplated and recommended by academic and policy researchers as a possibly more effective consent model for spam laws; however, it has not been codified as a legal regime till date. It could be a rather groundbreaking approach that India could adopt as this clearly is the only model where 'opting-in' is realized in fact and in spirit. Further, exceptions are necessary in order to prevent the abuse of laws making certain such exceptions do not suffer from inclusive or exclusion errors. A combination of the exceptions under the Australian and the American laws seems ideal at this stage of research. In terms of penalty, this paper observed that only prescribing harsh penalties is not sufficient to effectively deter spammers but efficient modes of enforcement have to be formulated to ensure actual deterrence. Lastly, while a well-drafted national anti-spam legislation is clearly the need of the hour for India; additional steps have to be taken towards sensitizing citizens to the fact that the problem of spam is real and a costly threat to the communications infrastructure of the country and combat has to begin at the individual level.

[1] CAN-SPAM Act, § 7706(f) (7).

[2] Spam Act, 2003, § 7

[3] Spam Control Act, 2007, § 7(2)

[4] Canada's Anti-Spam Legislation, 2014, § 6.

[5] Canada's Anti-Spam Legislation, 2014, § 12.

[6] 15 U.S.C. § 7701 (2003).

[7] CAN-SPAM Act, Section 3 (2)(A)

[8] Spam Act, 2003, § 6

[9] Spam Control Act, 2007, § 5(1)

[10] Canada's Anti-Spam Legislation, 2014, § 6

[11] Canada's Anti-Spam Legislation, 2014, § 1(1)

[12] Regulation 19, EC Directives, 2003

[13] Regulation 20, EC Directives, 2003

[14] Regulation 21, EC Directives, 2003

[15] Regulation 22, EC Directives, 2003

[16] Section 11, Data Protection Act, 1998

[17] CAN-SPAM Act, Section 5(5)

[18] Spam Act, 2003, § 16(2)

[19] Spam Act, 2003, Schedule 2 (2)

[20] Spam Control Act, 2007 Section 11, Schedule 2(2)

[21] Canada's Anti-Spam Legislation, 2014, Section 6

[22] CAN-SPAM Act, 2003, Section 5(d)

[23] Spam Control Act, 2007, Schedule 2, 3(1), Section 11

[24] Chapter 47 of title 18, U.S.C., § 1037, inserted through an amendment by the CAN-SPAM Act, § 4(a) (1); '§ 5(A)(1).

[25] Spam Control Act, 2007, '§ 9

[26] Spam Control Act, 2007, '§ 2

[27] Spam Control Act, 2007, '§ 2

[28] Canada's Anti-Spam Legislation, 2014, § 7

[29] Canada's Anti-Spam Legislation, 2014, § 8

[30] CAN-SPAM Act, 2003, § 3(16)(A)

[31] Spam Act, 2003, Section 16(1), Section 8

[32] Spam Control Act, 2007, § 2

[33] Spam Control Act, 2007, § 12

[34] CAN-SPAM Act, 2003, § 7(a)(c)(d)

[35] CAN-SPAM Act, 2003, § 7(f)

[36] CAN-SPAM Act, 2003, § 7(g)

[37] MySpace, Inc. v. The Globe.com, Inc., 2007 WL 1686966 (C.D. Cal., Feb. 27, 2007)

[38] Spam Act, 2003, § 26(1)

[39] Spam Control Act, 2007, § 13

[40] Canada's Anti-Spam Legislation, § 47

[41] Regulation 30(1), EC Directives, 2003

[42] CAN-SPAM Act, 2003, § 3(2)(B)

[43] Spam Act, 2003, Schedule 1, § 2

[44] Spam Act, 2003, Schedule 1, § 3

[45] Spam Control Act, 2007, § 7(3)

[46] Spam Control Act, 2007, First Schedule Clause (1)

[47] Spam Control Act, 2007, First Schedule Clause (2)

[48] Canada's Anti-Spam Legislation, § 6(5a)

[49] Canada's Anti-Spam Legislation, § 6(5b)

[50] Canada's Anti-Spam Legislation, § 6(6)

[51] Canada's Anti-Spam Legislation, § 7

[52] Canada's Anti-Spam Legislation, § 8

[53]Section 22(3), EC Directives, 2003

[54] CAN-SPAM Act, § 7 (f)(3)(A).

[55] CAN-SPAM Act, § 4 (b)

[56] CAN-SPAM Act, § 4 (c)

[57] Spam Act, 2003, Sections 24, 25

[58] Spam Control Act, 2007, § 14

[59] Spam Control Act, 2007, § 15

[60] Canada's Anti-Spam Legislation, 2014, § 20(2)

[61] Canada's Anti-Spam Legislation, 2014, § 20(4)

[62] Regulation 30(1), EC Directive, 2003

[63] Regulations 31-32, EC Directive, 2003

[64] Section 47 and 60, Data Protection Act, 1998

[65] Spam and Phishing Statistics Report Q1-2014, Kaspersky Lab

http://usa.kaspersky.com/internet-security-center/threats/spam-statistics-report-q1-2014#.VVQxNndqN5I (last accessed 29^th May, 2015)

[66] Snow and Jayakar, Krishna, Can We Can Spam? A Comparison of National Spam Regulations, August 15, 2013. TPRC 41: The 41st Research Conference on Communication, Information and Internet Policy.

[67] Justin Rao and David Reiley, The Economics of Spam, Vol. 26, No. 3 The Journal of Economic Perspectives (2012), p. 104.

[68] Supra n. 66; p. 7

[69] Refer Table in Section 1.

[70] Dr. Ralph F. Wilson, Spam, Spam Bots, and Double Opt-in E-mail Lists, April 21, 2010; available at http://webmarketingtoday.com/articles/wilson-double-optin/ (last accessed 29^th May 2015).

[71] Section 2(a), Electronic Commerce Protection Regulations, http://fightspam.gc.ca/eic/site/030.nsf/eng/00273.html (last accessed 29^th May 2015)

[72] Evangelos Moustakas, C. Ranganathan and Penny Duquenoy, Combating Spam Through Legislation: A Comparative Analysis Of US And European Approaches, available at http://ceas.cc/2005/papers/146.pdf

[73] Spam Act 2003- A Practical Guide for Government, Australian Communications Authority, available at- http://www.acma.gov.au/webwr/consumer_info/spam/spam_act_pracguide_govt.pdf (last accessed 29^th May 2015)

[74] Ibid

[75] Id

[76] Charles Arthur, Facebook spammers make $200m just posting links, researchers say, The Guardian, 28^th August 2013, http://www.theguardian.com/technology/2013/aug/28/facebook-spam-202-million-italian-research (last accessed 29^th May, 2015)

[77] Evangelos Moustakas, C. Ranganathan and Penny Duquenoy, Combating Spam Through Legislation: A Comparative Analysis Of US And European Approaches, available at http://ceas.cc/2005/papers/146.pdf

[78] Carolyn Duffy Marsan, CAN-SPAM: What went wrong?, 6^th October 2008, available at

http://www.networkworld.com/article/2276180/security/can-spam--what-went-wrong-.html (last accessed 29^th May, 2015)

For more details visit https://cis-india.org/internet-governance/blog/anti-spam-laws-in-different-jurisdictions

Anti-Social Network

praskrishna — 2011-04-01T15:59:51Z

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Another 5 Years: What Have We Learned about the Wikipedia Gender Gap and What Has Been Done? (Part 3.)

ting — 2016-09-22T07:54:47Z

Five years after Wikimedia Foundation’s 2011 editor survey was conducted and revealed the gender gap issue, scholars, practitioners, and communities around the globe have come a long way to address the gender imbalance of the online encyclopedia. This blog post series (of three parts) serve as a summary of movements and discoveries in Wikipedia gender gap narrowing on both local (India) and global scales.

This is the third (last) part of the blog series, please see Part 1 and Part 2.

Responding to the Wikipedia gender gap problem, former WMF Executive Director Sue Gardner set a target in 2011 to raise the female editor percentage to 25% by 2015. In an interview in August 2014, Jimmy Wales declared that “we’ve completely failed,” Gardner also noted that the solutions should come from local Wikipedian communities rather than from the Foundation on a macro scale.

Although the target was not met, initiatives and reforms taken places globally and locally in the past five years are not fruitless. And as mentioned in Part 2, we should not define this movement as merely pursuing a goal towards certain percentage or number. As for now dialogue has been created to include the issue into more strategic plans; collectives are established to cumulate and share resources across communities. There has been abundance of learning (and definitely much more to learn) in the issue.

What has been done?

Be it ongoing or spontaneous, international or local, there have been many interventions trying to address the gender gap in Wikipedia.

Intervention events

In July 2015, WikiProject Women in Red (WiR) was launched to “turn "redlinks (non-existing pages) into blue ones (existing pages).” The project encourages editors worldwide to create (or expand) female-related pages (biographies, women’s work, contribution, issues, etc.) that fit the notability criteria of Wikipedia. WiR also picks monthly and annual topics to feature. Currently in September, 2016, edit-a-thons on Women in nursing and women labour activists are happening online. And “Women scientists” edit-a-thon is a year-long featured topic for 2016. Although WiR is still primarily an English-WP project, some communities have expanded and localized it to local initiatives.

Coincidentally, in 2013, Indian Wikipedian communities have carried out one of the biggest and most well-known gender gap intervention – Lilavatis’ Daughters. “Lilavati’s Daughters” is a book of essay collections featuring nearly one hundred women scientists in Indian since the Victorian Era. The 2013 edit-a-thon was hence to create Wikipedia pages for these biographies in different Indian languages. Collaborating with institutions and colleges, the event was greeted with high popularity and success. Similar events were also carried out afterwards, including Indian Women in Science Edit-a-thon which has been held annually since 2014; the last event was held in July, 2016 at the Indian Institute of Science, Bangalore.

Another significant initiative across the globe and in Indian communities is the annual Wikiwomen’s history month in March along with the celebration of International Women’s Day on March 8^th. The initiative started in 2012, edit-a-thons, photo-thons (updating photos onto Wikimedia Commons), and meetups have been held to raise the awareness of the gender gap online, create female-related content available on Wikipedia, and to strengthen the bonding between local Wikiwomen.

Recently, Wikimedia Foundation collaborated with the United Nations to launch the one-day Her Story project Edit-a-thon on August 12^th, 2016 to celebrate International Youth Day globally. Cities in India like Chennai and Delhi also held local edit-a-thons on the day of in response to the event. With the opportunity to work alongside the UN, it is a good sign that the Wikipedia gender gap issue is drawing global attention, not just in the Wikipedian community level, but also in global institution level.

Collaborative

The Wikiwomen’s Collaborative is a global platform for female Wikipedians to share projects, insights, and support. The Collaborative also encourages participants to write blog post on the Wikiwomen’s Blog to spread more words about the gender gap issue and initiatives. A Gender Gap Task Force (GGTF) was founded in 2013 aiming to challenge the patriarchal culture of knowledge and Wikipedia. GGTF tries to fix the encyclopedia’s imbalance power structure by initiating discussion and examination on its policies and editor interaction. It has also been a place to cumulate research studies and resources on the gender gap topic. A (global) gender gap mailing list is also created to spread the news and words with more communities.

Improvement in the Interface

Aside from events and collectives organized by respective communities, the Wikipedia platform itself has also been under constant transition in the last few years, trying to create a friendlier place for women and newcomers.

Since June 2012, the new prototype Visual Editor has become available in more and more language versions of Wikimedia projects – including most Indian languages. Visual Editor enables editor to contribute without learning the Wiki markups, as it creates the “write-as-how-you-will-see-it” feature requiring only basic typing skills. Nevertheless, Visual Editor does have several limitations comparing to the traditional edit source option, including slower speed, unavailable in talk and discussion namespaces, limited template editing options, and so on. While a research in 2013 on Visual Editor’s use in English Wikipedia showed low effectiveness of the new feature in attracting and encouraging new editors, more research should also be done in the non-English (especially Global South) context. Online tutorial resources about editing are also becoming available in Indian communities.

Traditional Wiki markup editing screenshot

Visual Editor screenshot

On the other hand, mobile apps of Wikipedia has been improved in its editing function. Although the apps are still in constant development to make the function smoother and easier for mobile users, it is a great breakthrough for those who do not have personal computers to contribute in small ways (or even in great ways – some have created pages and denied the statement that mobile editing is impractical).

What’s more to be learned?

There is no denying that our Indian language communities have been putting efforts to highlight and address the gender gap issue on Wikipedia. The Wikiconference India 2016 in August also had a panel responding to this topic where panelists from both outreach and research threads proposed localized perspective and strategies to fix the problem.

However, there are still much more to be learned. First of all, we need a more organized feedback loop (a cycle of planning-executing-evaluating-sharing learning) for local interventions to learn from our success and mistakes. Secondly, the issue has to become more “public” in a sense that we are not just promoting within our own circles. Awareness-building through media coverage and institutional collaboration can bring in greater public opinions and volunteers to help the online encyclopedia become a more inclusive place. The third point is a change of mindset: women's feeling and experience should be put forward into the central of our initiatives and interventions.

“We made it clear that we were focusing on the (female) participants and their experience, the content they created online are of course important too, but that’s just the by-product.” -Wikiconference Indian 2016 Gender Gap panel presenter

In other words, as we are engaging more and more women, the focus should not be numbers but the humans. At the same time, we should always encourage women to stand out and speak out. As mentioned in the previous part, gender discrimination cases have not yet been reported in our communities, but we also have to ensure if it does happen both the female editors and the community should have a certain level of awareness (what constitutes harassment/discrimination/sexism; when and how to call out) and a report and support mechanism to the problem.

The road to a real equalized knowledge system is not easy. As many have noticed and pointed out “This is not just a Wikipedia problem!” Indeed, similar gender imbalance exists in our academies, IT industries, free and open-source software (FOSS) workplace, to name a few. Nonetheless, with the flexibility and the strong bond that Indian Wikipedian communities possess, we can be one of the pioneers in positive changes. After all, the knowledge created and action taken today will shape what our tomorrow can be like.

For more details visit https://cis-india.org/a2k/blogs/another-5-years-what-have-we-learned-about-the-wikipedia-gender-gap-and-what-has-been-done-part-3

Annual Report 2017-2018

praskrishna — 2019-01-29T01:57:43Z

For more details visit https://cis-india.org/about/reports/annual-report-2017-2018.pdf

Annual Report 2016-2017

Admin — 2017-09-20T01:43:30Z

For more details visit https://cis-india.org/internet-governance/files/annual-report-2016-2017

Annual Report 2015-2016

Admin — 2017-09-20T01:35:54Z

For more details visit https://cis-india.org/internet-governance/files/annual-report-2015-2016

Annual Report 2014-15

praskrishna — 2016-12-11T07:29:05Z

For more details visit https://cis-india.org/about/reports/annual-report-2014-15.pdf

Annual Report (2012-13)

praskrishna — 2014-10-22T00:04:39Z

For more details visit https://cis-india.org/internet-governance/blog/annual-report-2012-13.pdf

Annual Report (2011-12)

praskrishna — 2014-10-22T00:15:01Z

Draft Annual Report of 2011-12 from the Centre for Internet and Society

For more details visit https://cis-india.org/about/reports/annual-report-2011-2012.pdf

Annual Report (2009-10)

praskrishna — 2012-06-20T11:54:08Z

For more details visit https://cis-india.org/accessibility/annual-report-2009.pdf

Annual Report (2008-09)

praskrishna — 2012-06-20T12:23:29Z

For more details visit https://cis-india.org/accessibility/annual-report-2008.pdf

Centre for Internet and Society

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Digital Natives with a Cause?

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Digital Natives Newsletter

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Workshop organised in Hyderabad

Openness

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Approaching Open Research via Open Data - Presentation at TERI, December 22, 2015

APC starts research into spectrum regulation in Brazil, India, Kenya, Morocco, Nigeria and South Africa

Spectrum policy in a nutshell

Indians look beyond the present

Anti-Spam Laws in Different Jurisdictions: A Comparative Analysis

Anti-Social Network

Another 5 Years: What Have We Learned about the Wikipedia Gender Gap and What Has Been Done? (Part 3.)

Annual Report 2017-2018

Annual Report 2016-2017

Annual Report 2015-2016

Annual Report 2014-15

Annual Report (2012-13)

Annual Report (2011-12)

Annual Report (2009-10)

Annual Report (2008-09)