Centre for Internet and Society

TRAI Consultation Paper on Spectrum

Shyam Ponappa and A.B. Beliappa — 2013-09-18T06:36:11Z

Shyam Ponappa and A.B.Beliappa worked on this submission to Telecom Regulatory Authority of India (TRAI) on their spectrum consultation paper. The submission was made on August 21, 2013.

Q.1. What method should be adopted for refarming of the 900 MHz band so that the TSPs whose licences are expiring in 2014 onwards get adequate spectrum in 900/1800 MHz band for continuity of services provided by them?

Comments on Spectrum Refarming

1. Arbitrary Policies & Their Consequences
The proposed manner of refarming the 900 MHz spectrum is perceived to be as arbitrary as, for instance, the tax claims against Vodafone after the courts upheld its refutation of these claims. Such actions contribute to India’s very low rating on contracts (184 out of 185 countries in enforcing contracts in 2013: http://www.doingbusiness.org/data/exploreeconomies/india/), and for being a very difficult place to do business.

2. Legitimacy Of Terminating 900 MHz Holdings Starting 2014
One question is whether a refusal to renew existing spectrum holdings in the ordinary course is legitimate, or if it needs to be tested for breach of contract in the courts. This proposed manner of withholding access to assigned spectrum is also contrary to prevalent practice, as well as to the logic of spectrum being essential to the delivery of services of a wireless operator as a going concern.

3. Must All Spectrum Be Auctioned?
a) Another question is whether the Supreme Court order requires that all spectrum must in fact be auctioned. If this is so, the auction of all spectrum is necessary when it becomes available.

b) This is so damaging to the public interest, however, that all reasonable efforts must be made once again to inform the Supreme Court of the facts, i.e., the technological reasons against splintering bandwidth, and the financial reasons against extracting payments that would otherwise be invested in the essential infrastructure of broadband. If the facts are presented clearly and persuasively, there may be a reconsideration of the ruling to auction all spectrum in the light of these facts, as against continuing with this ruling based on miscommunication or misinformation.

c) If there is no alternative to auctions, to succeed, the reserve price needs to be relatively low, and bidders in difficult financial circumstances must be convinced they have no better option. Perhaps one way of ensuring this is to auction for a shorter period, e.g., five years, while simultaneously laying out the path for transitioning to shared spectrum. This is because parallel developments in spectrum sharing for Authorized Shared Access and Licensed Shared Access that are being pursued in the US and the EU are likely to be deployed by then.

4. Net Benefits of Refarming
Given the stage of evolution and coverage of networks in India, their technological level and usage, refarming should be held in abeyance until our markets are in a position to benefit from them. This is because the detrimental effects if the 900 MHz band is cleared in the proposed manner are likely to far outweigh the benefits, as explained below.

5. Purpose of Refarming
What is the purpose of refarming? If the answer is the potential benefits of services from 4G technologies and products, consider the likely nature of these benefits in India. The purpose of refarming in OECD countries is to use 900 MHz for 3G and LTE for high-speed data. This is appropriate for developed economies that have large numbers of data users. In India, high-end users comprise only a niche segment (15.09 million broadband users in April 2013, despite over 725 million active wireless subscribers). Developed economies have refarmed the 900 MHz band because 3G and 4G assume widespread use of data services in the entire network. In other words, if India had a large base of high-data users, 4G networks would be required to deliver high-speed traffic. Also, such users would presumably be (a) willing and (b) able to pay [for the expensive equipment required] for these services.

6. No Economic Basis for Refarming in India
a) The reality is that there are insufficient data users with the willingness and ability to pay for the higher level of throughput. The present state of the economy and its trajectory pose additional constraints. More important, existing technologies are capable of delivering data services at lower cost. The priority is for access networks at lower cost, e.g., wireless middle-mile and last-mile that will enable large numbers of users to access data services at a reasonable price (“reasonable” in the cost structure of India comparable to TV services, and not in cents/minute comparable with OECD countries).

b) That said, a possible consideration is whether and how certain advanced technologies, such as “supplemental downlink” or “carrier aggregation” for augmenting capacity, may be made usable in our circumstances, and whether if certain bands are earmarked for them, such solutions can be introduced here.

7. Need: Low-Cost Last-Mile & Aggregation/Backhaul Capacity
How can networks be built at reasonable cost that have the capacity to deliver data services more comprehensively in India? By providing much more wireless access for the last-mile, and more middle-mile capacity (in combination with existing wired networks). This is where policies can facilitate network build-out and service delivery at lower cost. The nature of required reforms are: reduced front-end charges for wireless last mile access; reduced microwave charges (administered prices) for aggregation and backhaul; incentives for broadband delivery, and perhaps higher incentives for rural broadband delivery. Also, a whole host of initiatives can be orchestrated, as in South Korea, for instance, or Sweden, which contribute to the development of broadband services and usage.

a) South Korea*
South Korea’s digital economy resulted from a combination of macroeconomic, supply-side and demand-side policies and programs, with the government stimulating broadband adoption, particularly in the early years. For example, Korea’s response to the financial crisis of 1997-1998 was to increase the export strength of key sectors such as electronics. There was also a thrust on consumer credit, facilitating the purchase of consumer goods and electronics-related services such as broadband. The initiatives to push broadband deployment and adoption included tax incentives, rural deployment and R&D grants, building certification incentives, and applications support. There were also mistakes, as in the government’s choice of WiBro technology.

By way of illustration, a set of Korean initiatives are detailed below:

Table 5: Selected Korean Supply-Side Broadband Subsidy Programs

Infrastructure Deployment

Tax benefits (credits, accelerated depreciation, exemptions, etc.) for broadband deployment

Backbone provision or subsidy for broadband deployment (KII-Government program providing funding for operators to reach 40,000 govt. locations as well as rural districts)

Technology Support

R&D grants and tax credits
Applications support (KOREN—Korean Advanced Research Network or KII-Testbed) Building Certification & Codes
Requiring or encouraging the pre-equipping of new buildings with fibre and/or broadband access points (e.g. DSLAM)
Institution of certification programs for broadband readiness of MDUs (multi-dwelling units, based on three classes of transmission speed)

Source: Kalba International, Inc., 2012. Ovum Consulting, Broadband Policy and Development in the Republic of Korea

b) Sweden*
Sweden's regulator demonstrated a strong commitment to cover low-density areas, and one of the ways was to foster network sharing. The government promotes a broadband strategy with incentives for all stakeholders. State authorities are actively involved in the Digital Agenda for Sweden, a national initiative. In education, for instance, about 25% of all students rely to some extent on distance education. Open access policies and competition have had a significant impact on the development of broadband.

* Source: Digital Scotland 2020

Achieving World-Class Digital Infrastructure
21st December 2012
http://www.scotland.gov.uk/Resource/0041/00414982.pdf

8. Shared Facilities
One way that delivery costs can be reduced is if operators share networks, so that all operators can access these networks where they are licensed to do so. This would be feasible if there were practical ways of structuring “common-carrier” or network-neutral access (as in roads, rail, flight paths and airports, ports, oil pipelines, etc.). This would require a buy-in by service providers for radical changes in approach and policies, followed by radical changes in operating networks. It is possible that open consultation with TSPs, other stakeholders, and specialists, done with the help of one or more expert facilitator/s, could yield such a solution. If this were to happen, the process of organizing structures at (a) the wholesale (network services) level, and (b) the retail (user access level) could be addressed collectively.

9. Extend Voluntary Infrastructure Sharing to Mandatory Sharing
We already have consortiums for passive sharing of wireless towers. This needs to be extended from voluntary commercial associations to mandatory, “common-carrier” access, after putting in place suitable commercial arrangements through negotiation. Such commercial arrangements exist for oil pipelines and for oil exploration and production, and can be structured in like manner for facilities and spectrum. They need the appropriate financial structuring with the help of financial specialists, in addition to the engineering solutions.

10. Shared Spectrum: Pool New Spectrum

a) An evolutionary step in this direction is to pool all available, unallocated [unassigned] spectrum, so that it can be shared by [existing] service providers. This is being pioneered in the so-called TV White Space bands in the USA, the EU, the UK, and Singapore. It can be extended to other bands here. This could be a transitional step in evolving a shared facilities model. Provided the stakeholders agree, and an equitable structure and process is devised, this will relieve the present constraints on spectrum availability by providing a common pool of spectrum.

b) Shared spectrum is an alternative that is technically feasible and economically far more viable than fragmenting available spectrum for the exclusive use of our many operators. This also provides for complete transparency, as well as much lower capital and operating costs for society as a whole. The implication is that broadband could be made available more widely at lower cost, leading to much better productivity and payoffs.

c) Many of the questions and associated problems would be resolved. For instance, open access would allow for each operator to choose any technology that is compatible and that does not create interference. Fees could be determined in the same manner as for taxes in inducing investment for manufacturing, as was done in South Korea. It would need a whole range of supportive measures as in the case of South Korea, and if done right, could result in tremendous gains as an organizing force in society.

11. Some 900 MHz Access (Common-Carrier) For All TSPs
If a portion of the 900 MHz band is set aside for shared access, it may resolve one of the most contentious problems between the GSM and CDMA operators, of access to the highly advantageous 900 MHz for its low-cost equipment and ability to penetrate buildings, i.e., better delivery. This step may create conditions that allow for stakeholder engagement for an overall resolution, including ultimately, shared infrastructure.

12. Revenue-Sharing & Consumer Surplus From Shared Spectrum/Networks
India’s experience with revenue-sharing after NTP-99 has shown that collections are far in excess of up-front revenues forgone. Building a sound broadband service with a combination of incentives and forbearance will lead to much greater economic benefits overall, as well as much higher collections by the government over time. The sector can once again prosper and be an engine of productivity.

Shyam Ponappa
Centre for Internet and Society
August 21, 2013

For more details visit https://cis-india.org/telecom/blog/trai-consultation-paper-on-spectrum

TRAI Consultation on Differential Pricing for Data Services - Post-Open House Discussion Submission

sumandro — 2016-03-30T13:13:30Z

The Centre for Internet and Society sent this submission to the Telecom Regulatory Authority of India (TRAI) following the Open House Discussion on Differential Pricing of Data Services, held in Delhi on February 21, 2016.

Download the submission document: PDF.

Post-Open House Discussion Submission to TRAI

Dear Ms. Kotwal,

This is to heartily congratulate TRAI once again for taking several steps, including the Open House Discussion, to ensure that various opinions about the topic of ‘differential pricing for data services’ are presented and are responded to - and are all in full public view.

This brief note is to a) add to the positions and arguments submitted previously by the Centre for Internet and Society (CIS), India, b) put in writing our comments during the Open House Discussion (January 21, 2016), and c) respond to other comments shared at the same event. We have six points to share in this note:

Forbearance is not an option: We are of the opinion that though the data services market has thus far been kept un-monitored and unregulated, and there are several reasons why this situation should not continue any more. Although the reality of differential pricing (that is data packets originating from different sources being priced differently by ISPs) was highlighted with the recent offering of zero rated packs, it is a general practice in the sector, as illustrated by widely available special/curated content packs for the user to consume data from a specified web-based source. It is not surprising that most such special/curated content packs involve an arrangement between the ISP and a prominent leader in the web-content/platform sector, such as Facebook and Twitter. Serious market distorting impacts of such arrangements are imminent if they are allowed to continue without any monitoring, enforced public disclosure, and regulatory actions by a public authority.
Address differential treatment of data, and not only differential pricing: Pricing is only of the three ways in which data services can be treated differently by the ISPs depending upon the source of the data packets concerned. The other two ways are: a) differential speed, or throttling of some data packets and prioritisation of the others, and b) differential treatment of data protocols, for example, the blocking of peer-to-peer or voice-over-IP traffic by an ISP. If the public authority decides to only regulate differential pricing of data service, it is highly probable that ISPs may shift to other forms of discrimination between data packets - either in terms of prioritising some data packets over others based upon their origin, or blocking of specific protocols such as voice-over-IP to prevent the functioning of certain web-based services - and continue the market distorting impacts through these other means.
Allow and define reasonable network management practices: Reasonable network management has to be allowed to enable the ISPs to manage performance on their network. However, ISPs may not indulge in acts that are harmful to users in the name of reasonable network management. Below is a set of potential guidelines to identify cases when discrimination against classes of data traffic in the name of reasonable network management can be considered justified and permissible:
- there is an intelligible differentia between the classes which are to be treated differently,
- there is a rational nexus between the differential treatment and the aim of such differentiation,
- the aim sought to be furthered is legitimate, and is related to the security, stability, or efficient functioning of the network, or is a technical limitation outside the control of the ISP, and
- the network management practice is the least harmful technical means that is reasonably available to achieve the aim.
Establish an effective enforcement mechanism: TRAI must establish an enforcement mechanism that is open to users [and groups of users] and private sector actors as current forums are insufficient. Clear and simple rules must be established ex-ante, if they are violated - ex-post regulation must be undertaken on the basis of principles listed in the TRAI consultation paper, that is “non-discrimination, transparency, affordable internet access, competition and market entry, and innovation” [1]
Take regulatory decisions now, but also conduct and commission further research to review and refine the decisions over a defined period of time
Need for better collection and proactive disclosure of statistics: TRAI publishes quarterly performance indicators statistics collected from the telecom companies about telephone, mobile, and internet sectors in India [2]. It will be very useful for researchers and analysts, and allow for a much more informed public debate on the matter, if the content and form of such data are improved in the following ways:

Content:
- Please start collection (unless already done) and publication of not only data of average incoming and outgoing MOUs, average of total outgoing SMSs, Average Revenue Per User, and average data usage per GSM and CDMA subscriber, but distributions of the same in terms of user deciles (that is in terms of representative figures for each 10% section of users in ascending order of usage),
- Provide granular data about data usage across service areas and service providers (the numbers on ‘average data usage’ and total ‘revenue from data usage’ provided at present are very insufficient for the state of public debate),
- Provide data about internet subscriber base according to network technologies (for both wired and wireless) and the service providers concerned,
- Provide data about IP-based telephony across service areas and service providers,
- Provide data separately for the North Eastern states, and
- Provide granular data (separated from the corresponding state data) for all tier-1 cities.
Form:
- Please do not publish the data only as part of the quarterly reports available in PDF format, but also as independent machine-readable spreadsheet file (preferably in CSV format),
- Do not only publish quarterly data in separate files, but also provide a combined (all quarters together) dataset that would make it much easier for researchers and analysts to use the data,
- In some exceptional cases, the data is not provided in the report directly but a diagram containing the data is published [3], which should be kindly avoided, and
- Please publish these statistics as open data, that is in open standards and under open licenses.

Further, we request TRAI to explore possibilities of distributed sourcing of data, perhaps from the users themselves, about the actual network usage experiences, including but not limited to signal strength, data transfer speed (incoming and outgoing), frequency of switches between mobile (GSM and CDMA) and wi-fi connectivity, etc.

References

[1]. http://trai.gov.in/WriteReaddata/ConsultationPaper/Document/CP-Differential-Pricing-09122015.pdf.

[2]. http://www.trai.gov.in/Content/PerformanceIndicatorsReports/1_1_PerformanceIndicatorsReports.aspx.

[3]. http://www.trai.gov.in/WriteReadData/PIRReport/Documents/Performance_Indicator_Report_Jun_2015.pdf , sections 1.43 and 1.44 (pp. 31-32).

For more details visit https://cis-india.org/telecom/blog/trai-consultation-on-differential-pricing-for-data-services

TRAI Consultation on Differential Pricing for Data Services - Post-Open House Discussion Submission

praskrishna — 2017-03-29T04:35:57Z

For more details visit https://cis-india.org/internet-governance/resources/net-neutrality/trai-consultation-on-differential-pricing-for-data-services-post-open-house-discussion-submission

Towards Open and Equitable Access to Research and Knowledge for Development

praskrishna — 2011-08-18T05:04:54Z

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

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

Touch Point Report: Department of Tourism Studies, Christ University and St. Aloysius College, Managalore

hasan — 2015-12-15T07:37:14Z

CIS-A2K conducts Wikipedia in Education programme at St. Aloysius colege, Mangalore. This partnership is unique as it provides to us a pool of editors for three Wikimedia projects, i.e: Kannada, Tulu and Konkani.

Touch point Report:

St. Aloysius

With editors from St. Aloysius college taking lead in organising 13^th anniversary of Kannada Wikipedia anniversary, Kannada Wikipedia is growing in Mangalore and can be expected to produce content and engagement regularly similar to Bangalore and Mysore volunteers.

Activites

Translation of system messages for Tulu Wikipedia
Creating Tulu WP tutorial videos
Guiding St Aloysius College Student interns
Planning of 13^th anniversary of Kannada Wikipedia anniversary

Reporting on the learning: PEG application created after extensive discussion with the student volunteers and Mr. Vishwanth Badikana who is primary coordinator of the event.

New developments: A possible partnership with Karnataka Tulu Academy is being explored, this could lead to content donation.

Failures: Non-availabilty of scanners hampered our chances of securing some important primary resources that would have been useful for content generation.

Primary Contact: Mr. Vishwanath Badikana,

Christ University

Introduction: A2K team is implementing its largest Wikipedia in Education programme at Christ University. This programme has been under operation since 2013 and has seen multiple revisions regarding: faculty engagement, evaluation process, student contributions and A2K team's responsibilties.

Activites: Edit-a-thon on Wikivoyage organised at Department of Tourism Studies, Christ University, Bangalore

Reporting on the learning: 1) As the edit-a-thon was happening on English Wikivoyage and A2K team had not intimated about the event to the larger community, there were instances of accounts being blocked and ip address being blocked as well.

A2K conducted Wikivoyage edit-a-thon and was surprised to see that many tourist places in India do not find mention on this Wikimedia project.

New developments: Interest shown by the faculty of Department of Tourism Studies, Christ University to host the student assignments on Wikimedia projects.

Failures: A2K was unable to help students to upload images onto commons.wikimedia.org during the session. A follow up session is being planned.

Primary Contact: Ms. Mugdha Kulkarni, mugdha.shailendra@christuniversity.in

For more details visit https://cis-india.org/a2k/blogs/department-of-tourism-studies-christ-university-st-aloysius-college

Too Clever By Half: Strengthening India’s Smart Cities Plan with Human Rights Protection

vanya — 2016-03-22T13:49:32Z

The data involved in planning for urbanized and networked cities are currently flawed and politically-inflected. Therefore, we must ensure that basic human rights are not violated in the race to make cities “smart”.

The article was published in the Wire on March 21, 2016

As Indian cities reposition themselves to play a significant role in development due to urban transformation, the government has envisioned building 100 smart cities across the country. Due to the lack of a precise definition as to what exactly constitutes a smart city, the mutual consensus that has evolved is that modern technology will be harnessed, which will lead to smart outcomes.

Here, Big Data and analytics will play a predominant role by the way of cloud, mobile technology and other social technologies that gather data for the purpose of ascertaining and accordingly addressing concerns of people.

Role of Big Data

Leveraging city data and using geographical information systems (GIS) to collect valuable information about stakeholders are some techniques that are commonly used in smart cities to execute emergency systems, creating dynamic parking areas, naming streets, and develop monitoring. Other sources which would harness such data would be from fire alarms, in disaster management situations and energy saving mechanisms, which would sense, communicate, analyze and combine information across platforms to generate data to facilitate decision making and manage services.

According to the Department of Electronics and Information Technology, the government’s plan to develop smart cities in the country could lead to a massive expansion of an IoT (Internet of Things) ecosystem within the country. The revised draft IoT policy aims at developing IoT products in this domain by using Big Data for government decision-making processes. For example, in India a key opportunity that has been identified is with regard to traffic management and congestion. Here, collecting data during peak hours, processing information in real time and using GPS history from mobile phones can give insight into the routes taken and modes of transportation preferred by commuters to deal with traffic woes. The Bengaluru Transport Information System (BTIS) was an early adopter of big data technology which resorted to aggregating data streams from multiple sources to enable planning of travel routes by avoiding traffic congestions, car-pooling, etc.

Challenges

The idea of a data-driven urban city has drawn criticism as the initiative tends to homogenize Indian culture and change the fabric of cities by treating them alike in terms of their political economy, culture, and governance.

Despite basing the idea of a smart city on the assumption that technology-based solutions and techniques would be a viable solution for city problems in India, it is pertinent to note that the collection of personal real-time data may blur the line between personal data with the large data collected from multiple sources, leaving questions around privacy considerations, use and reuse of such data, especially by companies and businesses involved in providing services in legally and morally grey areas.

Privacy concerns cloud the dependence on big data for functioning of smart cities as it may lead to erosion of privacy in different forms, for example if it is used to carry out surveillance, identification and disclosures without consent, discriminatory inferences, etc.

Apart from right to privacy, a number of rights of an individual like the right to access and security rights would be at risk as it may enable practices of algorithmic social sorting (whether people get a loan, a tenancy, a job, etc.), and anticipatory governance using predictive profiling (wherein data precedes how a person is policed and governed). Dataveillance raises concerns around access and use of data due to increase in digital footprints (data they themselves leave behind) and data shadows (information about them generated by others). Also, the challenges and the realities of getting access to correct and standardized data, and proper communication seem to be a hurdle which still needs to be overcome.

The huge, yet untapped, amount of data available in India requires proper categorization and this makes a robust and reliable data management system prerequisite for realization of the country’s smart city vision. Cooperation between agencies in Indian cities and a holistic technology-based approach like ICT and GT (geospatial technologies) to resolve issues pertaining to wide use of technology is the need of the hour. The skills to manage, analyze and develop insights for effective policy decisions are still being developed, particularly in the public sector. Recognizing this, Nasscom in India has announced setting up a Centre of Excellence (CoE) to create quality workforce.

Though it is apparent that data will play a considerable role in smart city mission, the peril is lack of planning in terms of policies to govern the big data mechanics and use of data. This calls for development of suitable standards and policies to guide technology providers & administrators to manage and interpret data in a secured environment.

Legal hurdles

The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 deals with accountability regarding data security and protection as it applies to ‘body corporates’ and digital data. It defines a ‘body corporate’ as “any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities” under the IT Act. Therefore, it can be ascertained that government bodies or individuals collecting and using Big Data for the smart cities in India would be excluded from the scope of these Rules. This highlights the lack of a suitable regulatory framework to take into account potential privacy challenges, which currently seem to be underestimated by our planners and administrators.

Regarding access to open data, though the National Data Sharing and Accessibility Policy 2012 recognizes sensitive data, the term has not been clearly defined under it. However, the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 clearly define sensitive personal data or information. Therefore, the open data framework must refer to or adopt a clear definition drawing from section 43A Rules to bring clarity in this regard.

Way forward

As India moves toward a digital transformation, highlighted by flagship programmes like Smart Cities Mission, Digital India and the UID project, data regulation and recognition of use of data will change the nature of the relationship between the state and the individual. However, this seems to have been overlooked. Policies that regulate the digital environment of the country will intertwine with urban policies due to the smart cities mission. Use of ICTs in the form of IoT and Big Data entails access to open data, bringing another policy area in its ambit which needs consideration. Identification/development of open standards for IoT particularly for interoperability between cross sector data must be looked at.

To address privacy concerns due to the use of big data techniques, nuanced data legislation is required. For a conducive big data and technologically equipped environment, the governments must increase efforts to create awareness about the risks involved and provide assurance about the responsible use of data.

Additionally, a lack of skilled and educated manpower to deal with such data effectively must also be duly considered.

The concept note produced by the government reflects how it visualizes smart cities to be a product of marrying the physical form of cities and its infrastructure to a wider discourse on the use of technology and big data in city governance. This makes the role of big data quite indispensable, making it synonymous with the very notion of a smart city. However, the important issue is to understand that data analytics is only a part of the idea. What is additionally required is effective governance mechanism and political will. Collaboration and co-operation is the glue that will make this idea work. It is important to merge urban development policies with principles of democracy. The data involved in planning for urbanized and networked cities are currently flawed and politically-inflected. Therefore, collective efforts must go into minimizing pernicious effects of the same to ensure the basic human rights are not violated in the race to make cities “smart”.

Vanya Rakesh is Programme Officer, The Centre for Internet & Society (CIS), Bangalore. Elonnai Hickok, Policy Director of CIS, also provided inputs for this story.

For more details visit https://cis-india.org/internet-governance/blog/the-wire-march-21-2016-vanya-rakesh-too-clever-by-half-strengthening-indias-smart-cities-plan-with-human-rights-protection

Token security or tokenized security?

Admin — 2018-01-17T00:17:41Z

Implementing a system of tokenization for Aadhaar verification will address the security loopholes highlighted in recent reports.

The article by Manasa Venkataraman and Ajay Patri was published in Livemint on January 9, 2018.

Those who were reassured that the Aadhaar architecture is safe and secure have faced a few rude shocks lately. First, there was the recent report in The Tribune on how one of its reporters was easily able to log in to the Aadhaar website and access any enrolled Indian’s personal information, all for a grand fee of Rs500. While the veracity of this report is still being contested by the Unique Identification Authority of India (UIDAI), it has stirred panic over the security of personal data entrusted to the government. This came close on the heels of reports last month that a telecom company was utilizing the eKYC (know your customer) data of its mobile subscribers to open payment bank accounts without their consent.

These two instances highlight scenarios where data from the Aadhaar database is vulnerable. In the first, the weaknesses in security measures and processes around the database leave information susceptible to an attack. In the second, providing third-party entities loosely regulated access to an individual’s data leaves scope for abuse.

There is a need to protect the data belonging to individuals in these situations, providing the government with two possible policy options: it can choose to either overhaul the Aadhaar architecture completely, or it can build in additional security measures to ensure that individual data is not compromised.

Uninventing Aadhaar is not a practical proposal. It would have to include repealing the statute on Aadhaar, disbanding the database already created, and figuring out alternative means of delivering the services that are now dependent on Aadhaar. A more sustainable way forward is to better secure Aadhaar. This will involve not only the secure collection and storage of personal data, but also a safe regulation of the manner in which third parties use it for authentication.

One way to protect Aadhaar-related communications is to channel them through a secure conduit. This can be achieved through a system of temporary tokens for Aadhaar-based verifications. Sunil Abraham from the Centre for Internet and Society (CIS) has recommended a system of using dummy or virtual Aadhaar numbers along with a smart card to protect information belonging to individuals.

Tokenization is the process of masking sensitive personal data with another innocuous dataset, allowing it to be shared with third parties without the risk of the personal data being exposed. So, every time a service provider asks for identification, the individual can provide a one-time-ID number generated by an Aadhaar app or on UIDAI’s website. The service provider can authenticate the one-time-ID number with the Aadhaar database, without needing to know or store the Aadhaar number. The algorithm used to generate the one-time-ID number must be constructed using hard-to-replicate information and kept a well-guarded secret. No two service providers will have the same one-time ID, making it harder for personal profiles to be constructed by mining data from multiple service providers, thus enabling a higher level of privacy protection.

Allowing such a system of tokenization for every eKYC can create a welcome layer of ambiguity around individuals’ personal data and preserve the individuals’ Aadhaar-related information with the government. This system also breaks the link between the Aadhaar database and any third party having access to an individual’s Aadhaar number. If this link is not broken, then any entity—government or private—would have access to potentially millions of Aadhaar card numbers, opening endless possibilities for data abuse.

The tokenization process allows the authority to arrest any attempts at data abuse. In fact, to make this system of tokens or one-time-ID numbers effective, the law must build in measures to penalize any attempt to recreate an individual’s Aadhaar number from the unique token number. In other words, the service provider is given a token number for authentication, but prohibited from obtaining the Aadhaar number it corresponds to.

Tokenization is an improvement over the status quo, but only in one aspect—making Aadhaar secure. It is imperative that the government pays equal attention to the manner in which all data is collected, stored and disposed of by the authority. There are two facets to be explored here: first, ensuring secure storage of the vast information database, and second, plugging security loopholes that happen at collection by limiting access to the database.

The adoption of appropriate technical safeguards is indispensable to thwart external threats to the Aadhaar database, such as ransomware attacks. Having appropriate security, and having periodic audits to test the adequacy of such security, is indispensable.

Equally, limiting access to the database is crucial for preventing leaks, such as the ones reported in The Tribune. It is important that only a select few individuals have access to the database and that these personnel are properly vetted before being vested with such responsibility.

These various facets of the Aadhaar ecosystem are likely to be further examined in the public in the weeks to come as the Supreme Court gears up to hear the petitions on Aadhaar. Regardless of the verdict, there is an urgent need to improve the safety of the Aadhaar ecosystem and the use of tokenization goes some way towards achieving this objective.

Manasa Venkataraman and Ajay Patri are researchers at the Takshashila Institution, an independent, non-partisan think tank and school of public policy.

For more details visit https://cis-india.org/internet-governance/news/livemint-january-9-2018-manasa-venkataraman-ajay-patri-token-security-or-tokenized-security

Times Group wants TRAI to save the Internet from greedy telcos via Net Neutrality

praskrishna — 2014-12-05T00:52:23Z

In an especially strong attack against perceived threats to its Internet-based business, the Times of India group has sought regulatory intervention to ensure what is popularly called Net Neutrality, or the concept that internet service providers must charge only from the end consumer.

The article was published in Real Time News on November 10, 2014. Sunil Abraham gave his inputs.

In other words, the Times of India group wants TRAI to ensure that internet service providers and telecom companies do not take payments from certain websites to give favorable treatment to those websites on their networks.

Such a situation already exists in India’s cable business, where channels who do not pay cable operators are often simply blocked out by the cable operator and the consumer is not able to watch those channels.

The Times Group, which operates a host of websites under its Times Internet subsidiary, believes that rules should be put in place so that telecom operators and other Internet companies do not block out websites who do not pay money to them as has happened in the cable industry. This will prevent small websites and blogs from reaching their customers without paying money to telecom operators, it warned.

In a letter to the TRAI, the Times Group said there are certain trends in the Indian market in which some operators are already giving favorable treatment to certain websites.

“Given the lack of formal rules, the danger is that ISPs in India will violate the principal of Net Neutrality,” it said in a letter.

“There have already been some incidents where Indian ISPs have ignored net neutrality. This sets a precedent that broadband providers can choose the content you want to access, by making it easier or harder to get that content. On the Net, ISPs can use differential bandwidth caps, speed limits and pricing on broadband consumption.”

In recent months, operators like telecom operators have been pushing the regulator to allow them to charge websites and Internet-based services like WhatsApp. They argue that these services take up bandwidth on their networks and that they must be compensated for the bandwidth used by consumers for services like WhatsApp, Facebook etc..

“Telecom Operators in India are gearing up to push for a regulation to get websites to pay to allow consumers to access them. The telecom industry’s lobbying arm, the Cellular Operators Association of India, has listed “revenue sharing agreements” with telecom operators one of the five items on their wishlist for the new government,” Times Group said.

The debate around net neutrality started in the US where internet service providers started promoting their own websites and services by giving lower rates for accessing them.

“Services like Netflix and Hulu have revolutionized digital content consumption and given users enormous flexibility, but they are coming under pressure by copycat services developed by cable companies, such as Comcast Xfinity. These services take advantage of owning the cable connection by offering better, unlimited connectivity when using their service, while offering limited or capped connectivity when accessing Hulu or Netflix. This is an anti-competitive move that stifles innovation and competition,” Times Group said.

Other excerpts from Times Group’s submissions follow –

“Net Neutrality is the principle that the internet users should be able to access web content, download or upload files and communicate in methods of their choice without restrictions or limitations imposed by their Internet Service Providers (ISPs). Net Neutrality means an Internet that enables and protects free speech1 and equal opportunities. This means that Internet service providers should not block or discriminate against any applications or content that ride over those networks, and should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, and modes of communication or different speeds for different kinds of content.

“Underlying this, is the principle of whether or not India has enough safeguards to ensure that the ecosystem for content is a healthy and thriving one, and is not abused by distributors or last-mile operators aiming to create anti-competitive practices. This is a very real threat indeed, because while content may be king, distribution is God – and thousands of content owners are at the mercy of a few last mile owners who have become far more powerful than any media conglomerate could ever dream to be.

“It is hence critical that the government and regulators wake up to the fact that the only way to ensure a competitive media landscape with equal opportunities for all content-owners and their customers on Net and Mobile, is to ensure there are enough rules whereby customer connectivity is neutral to the content that rides on it. How net neutrality has shaped the internet : Net neutrality has shaped the internet in two fundamental ways: One, web users are free to connect to whatever website or service they want. ISPs do not bother with what kind of content is flowing from their servers.

“This has allowed the internet to grow into a truly global network and has allowed people to freely express themselves. For example, you can criticize your ISP on a blog post and the ISP will not restrict access to that post for its other subscribers, even though the post may harm its business. But more importantly, net neutrality has enabled a level playing field on the internet. To start a website, you don’t need lot of money or connections. Just host your website and you are good to go. If your service is good, it will find favour with web users.

“Unlike the cable TV where you have to forge alliances with cable connection providers to make sure that your channel reaches viewers, on the internet you don’t have to talk to ISPs to put your website online. This has led to the creation of Google, Facebook, Twitter and countless other services, all of which had very humble beginnings. They started as basic websites with modest resources. But they succeeded because net neutrality allowed web users to access these websites in an easy and unhindered manner. What will happen if there is no net neutrality : If there is no net neutrality, ISPs will have the power (and inclination) to shape internet traffic so that they can derive extra benefit from it.

“For example, several ISPs believe that they should be allowed to charge companies for services like YouTube and Netflix because these services consume more bandwidth compared to a normal website. Basically, these ISPs want a share in the money that YouTube or Netflix make. Without net neutrality, the internet as we know it, will not exist. Instead of free access, there could be “package plans” for consumers.

“For example, if you pay Rs 500, you will only be able to access websites based in India. To access international websites, you may have to pay more. Or there could be different connection speeds for different types of content, depending on how much you are paying for the service and what “add-on package” you have bought. This would clearly be a discriminatory practice between different websites and different kinds of content –and would men abuse of near-monopolistic powers of ISPs. Lack of net neutrality, would also spell doom for innovation on the web.

“It is possible that ISPs will charge web companies to enable faster access to their websites. Those who don’t pay, may see that their websites opening slowly. This means bigger companies like Google would be able to pay more to make access to Youtube or Google+ faster for web users but a startup that wants to create a different and better video hosting site, may not be able to do that and lose its business. Instead of an open and free internet, without net neutrality we are likely to get a web that has silos in it and to enter each silo, you will have to pay some “tax” to ISPs.

“The bottom line is that lack of net neutrality is an anti-consumer practice that will stifle competition and innovation in the digital economy, leaving power in the hands of telecom operators and broadband providers, rather than the thousands of emerging entrepreneurs in India. How Internet Neutrality may be jeopardized by ISPs, Telecom providers or other players in collusion: The case of Net and Mobile ISPs or Telecom players offering internet may try to get Internet companies to pay tolls and threaten to block or delay them if they don’t. They may do exclusive deals or other arrangements which may result in Internet blackouts or smaller websites being caught in the crossfire –, or websites, tweets, emails and texts may be mysteriously delayed or dropped, Videos would load slowly, if at all or the websites may end up working fine one minute, and time out another.

“More dangerously, this would enable a company to slow down its competitors or block political opinions it disagrees with. ISP would claim it is not their fault, and users would have no idea whom to blame –especially as there are currently no protections for Internet users. Further there is no competition in broadband, and even if there is, all ISPs may end up playing this game. On the Net, ISPs can use differential bandwidth caps, speed limits and pricing on broadband consumption. But on mobile, telecom operators can offer further favouritism towards preferred services, with additional benefits like selective billing integration and marketing/promotion.

“And since bandwidth on mobile is more limited than over broadband, restrictions or favouritism in bandwidth consumption offer telecom operators an even stronger, anti-competitive advantage. Worse, it sets a precedent that broadband providers can choose the content you want to access, by making it easier or harder to get that content. Further if freed from any legal restraints, ISPs can monitor everything users do and say online — and sell the information to the highest bidder. ISPs will have something that companies like Facebook and Google don’t: direct control over users’ connections to the Internet and the devices user use to connect to it. What is at stake is innovation and creativity, market competition, information availability and freedom of expression –and it is essential to protect thews ehard won freedoms only via Net Neutrality. International Scenario: Net neutrality has become a very heated issue in US and Europe, with significant momentum across civic groups, regulators and governments….

“While the internet only has 50-60 million users, its users can access vast amounts of content even as industries like e- commerce and travel have blossomed, creating economic value and real utility to consumers. Compare it to the MVAS world, where despite over 900 million users, the most common consumer sentiment is that they are being unfairly billed for irrelevant services. So what is the difference? On the internet, anyone can start a company and compete fairly for the consumers’ attention, spurring innovation and value. But in the mobile VAS world, only five major telecom operators control the services and choose the MVAS companies they want to patronize –even as they pay them rock bottom rates in revenue shares. The result is much less competition, and operators selling the same services (like caller ringback tones) increasingly aggressively to their customers, but with little or no innovation…

“As connectivity grows across the internet and mobiles, it is crucial that the government allows the same flourishing, open liberal ecosystem that has currently existed on the Web to continue across devices. India’s huge population and strong technical talent have the potential for global scale entrepreneurship and innovation, and can create a new dynamic India in the way IT had done in the 1990s. But it requires an infrastructure and atmosphere that is not controlled by last-mile connectivity providers who abuse their dominance.

“One should not confuse this with cross-media ownership –which is a non-issue, prompted by political motivations that fear a strong media. The real issue is whether or not we have enough safeguards to ensure that the ecosystem for content is a healthy and thriving one, and is not abused by distributors or last-mile operators aiming to create anti-competitive practices by expanding into content. This is a very real threat indeed, because while content may be king, distribution is God – and the thousands of content owners are at the mercy of a few last mile owners who have become far more powerful than any media conglomerate could ever be.

“It is high time, then, that the government and regulators wake up to the fact that the only way to ensure a competitive media landscape with equal voice for all content, is to ensure there are enough rules whereby customer connectivity is neutral to the content that rides on it. Survival of Net Neutrality : Net neutrality was earlier being implemented as a sort of a gentlemen’s agreement. It has survived so far because few people realized the potential of internet when it took off around 30 years ago. But now when the internet is not just an integral part of the society but an incredibly powerful –and disruptive— force as well,, ISPs across the world are trying to get the power to shape and control the traffic.

“But there are ways to keep net neutrality alive. Consumers should demand that ISPs continue their hands-off approach from the internet traffic. If consumers see a violation of net neutrality, they ought to take a proactive approach and register their displeasure with the ISP. They should also reward ISPs that uphold the net neutrality. At the same time, it is crucial to ensure that TRAI comes out with a set of clear and precise rules that protect the net neutrality.

“‘We have started seeing ISPs trying to take control of the traffic that flows from their servers but TRAI can regulate them. It can keep the internet open and consumer-friendly by forming rules that protect net neutrality. These are early days so it is easy to do. If ISPs manage to change the system, it may become too late,’ Sunil Abraham, director of Centre for internet and Society in Bangalore says.

“Conclusion: Internet has thrived because of its freedom of competition and ability for anyone with an internet connection to change the world. It is necessary to have safeguards – laws and checks and balances on the last mile of the consumer – to ensure last mile neutrality, which has now become the global movement across mediums. Taking advantage of last mile ownership throttles such innovation and competition.”

RTN's Take

We believe telecom operators and internet service providers should be allowed to offer ‘special offerings’ such as ‘Free Facebook’ by tying up with Facebook if companies like Facebook want to pay the internet access charges on behalf of the consumer.

However, such services should not be marketed as ‘Internet’ or ‘Web Access’ and must be clearly marketed as ‘Facebook Access’ or ‘Walled Garden Access’. Conversely, any consumer who pays for ‘Internet’ access should get neutral and unmanipulated access to all websites on an equal footing. There should be no behind-the-scenes tinkering with the traffic in such cases.

For more details visit https://cis-india.org/telecom/news/rtn-asia-november-10-2014-times-group-wants-trai-to-save-internet-from-greedy-telcos-via-net-neutrality

Time Out Bengaluru - Software Patenting

pranesh — 2013-01-16T06:39:27Z

An article by Akhila Seetharaman published as a precursor to the national public meeting on software patents held on 4th in Bangalore.

Original article on Time Out Bengaluru website

In August this year, the US Patents and Trademarks Office granted Microsoft ownership of “page up” and “page down”. So in theory, no other company can scroll without permission and acknowledgement to Microsoft in monetary terms.

A number of seemingly ubiquitous software ideas have been patented: the use of tabs to shift from one hyperlink to another on a web page, the “Add to Shopping Cart” function that appears on every online store, automated online loan requests, and even reducing image size to make a webpage load faster.

“Most companies register defensive patents to protect themselves, not offensive ones,” said Sunil Abraham of Centre for Internet and Society. “Not many actively pursue patent infringement, but it is still very scary for a small-time entrepreneur.”

At a time when the Indian Patent Office is in the process of putting together a new Manual of Patent Practice and Procedure, the Centre for Internet and Society is holding a one-day consultation on the issue of software patenting in the city. Participants include the Delhi Science Forum, RedHat, IT for Change, Open Space, as well as the Alternative Law Forum.

From mobile phone technology to pacemakers in healthcare, everybody is dependent on software. “Each software patent is a 17-year monopoly on an idea,” said Anivar Aravind of the Free Software User Group Bangalore.

“If formulaic Hindi films were protected by patent laws, we would be able to make only one film,” joked Abraham. The system of software patenting wipes out smaller businesses and innovation, he said. “Software, like poetry and literary works, is already protected by copyright. After all, Bill Gates made his fortunes from copyright and not patents. But many software companies are trying to get additional protection.”

Copyright and patents are both part of intellectual property rights, but copyright restricts the expression of an idea while patents restrict the idea itself, according to Abraham. Under a patenting regime, even before a kid writes one line of code he has to read many patents.”

Kiran Patil of Turtle Linux Lab agreed. “If every little thing is patented, there’s nothing a developer can do.” He cited Richard Stallman, founder of the Free Software Movement and the GNU (a recursive acronym for GNU’s Not Unix) Project, who likened patents to explosive devices: “Software patents are the software project’s equivalent of land mines: each design-decision carries a risk of stepping on a patent, which can destroy your project.”

Worst of all, the world sees those with patents as the innovators, said Patil, which, according to him, is a big misconception.

While corporate giants like Microsoft and IBM fix exchange deals through cross-licensing, smaller companies get left out of the loop entirely. Despite not having many patents of their own, several Indian software companies support software patenting because they have huge contracts with the large software companies in the United States and Europe who do.

The Indian Patent Act of 1970 did not allow for software patents until 2002 when an amendment, which ironically excluded “computer programmes per se” from the scope of patenting, was introduced.

The amendment implied that while computer programmes themselves were not eligible for patents, programmes used in combination with hardware were. The Act was further amended through an ordinance in 2005 to narrow the scope of software excluded, but the ordinance was rejected by the Indian

Parliament and the Act effectively reverted to what it was after the 2002 amendment. “The law has left it somewhat ambiguous,” said Abraham. “Nobody is sure what can or cannot be patented. Many people are using the clause “computer programmes per se” to get pure software patents.”

This occurs either due to incompetence among patent officers or by accident, he said. “While many of the patent officers have expertise in the area of industrial inventions or medical inventions, very few know enough about software patents at the moment.”

-- Akhila Seetharaman

For more details visit https://cis-india.org/news/time-out-software-patenting

TIkTok: It’s time for Biden to make a decision on his digital policy with China

aman — 2021-01-22T06:11:43Z

As the United State's new president comes into office he is faced with creating a cohesive digital relations policy that corrects some of the damage done by his predecessor. This article is the first part of a series analysing his policies and challenges.

While on the campaign trail, now US president elect Joe Biden, made it clear to voters that he viewed Tik Tok as “a matter of genuine concern.” The statement came amidst a growing environment of hostility within the American government against the application. At the helm of the hostility was (now former) president Donald Trump’s passing of an executive order banning Tik Tok in the country and his attempts at forcing its parent company ByteDance to restructure the app under American ownership. Now, as the presidency passes hands, it is worth examining how the government got here and just how concerned the Biden administration should be with Tik Tok and how their strategy with the app could set the tone for digital relations with China going forward

The Road so far: The ban and forced sale of TikTok

America’s motivation to ban and sell the application can be explained by two contrasting factors: the cybersecurity risks that TikTok poses, and the country’s currently ongoing trade war with China. On the security side TikTok has faced immense scrutiny from governments around the world as to the amount of data that the application collects from its users as well as the potential links between Bytedance and the Chinese government. Furthermore there is a belief that due to the Chinese legislation that compels companies to assist the state on matters of national intelligence, there is little TikTok could do should the Chinese state decide to use it as an instrument of data collection. On the side of trade, the TikTok ban represents one of the more landmark blows dealt by the Trump government in its trade war with China. The US, since the start of his presidency has levied exclusive tariffs on specific Chinese commodities totalling to more than $550 billion. China has in response levied its own tariffs on certain American goods, with a total value of those estimated at $185 billion. Beyond these tariffs, the move to ban TikTok extends the trade war by creating clear hurdles for Chinese corporations to exist within the US market and firmly extended Trump’s protectionist trade policies into the digital sphere.

As such, on 6th August 2020, Trump released an executive order banning TikTok (as well as Chinese messaging and social media app Wechat). The ban has, however, since been indefinitely suspended as part of ongoing litigation on the matter at the federal level.

Shortly after the ban, came the attempts at forcing through the sale. While the deal has generally been referred to as ‘the TikTok sale’, it is not actually an outright purchase of the social media platform by an American company (Microsoft attempted such a purchase but was rejected by Byte Dance). Rather, the deal would see the establishment of a new US based subsidiary called TikTok global that would be partly owned (20%) by Oracle and Walmart, with Oracle becoming a trusted technology provider in order to ensure that US user’s data remains within the state. The agreement stipulates that the board of this new entity would have 4 out of 5 of the seats populated by US citizens, and that the company would go public as well. The current agreement would still see Bytedance retain ownership of the algorithms used by TikTok, which is in line with restrictions from the Chinese government preventing the sale of the algorithm to a foriegn owner without a state granted license.

How should the Biden administration handle this situation?

Dealing with the TikTok question must be one of the Biden administration’s top most priorities. The most obvious question they face is whether or not to reverse the ban and to continue to push through the sale between Bytedance and Oracle.

The case for enforcing the ban until the sale to American owners seems one that is straightforward enough. The cybersecurity concerns surrounding Bytedance’s proximity to the Chinese state and the influence of Chinese legislation are reasonable concerns. And any data gained from the application in the hands of a hostile state could be potentially harmful. This threat could be potentially reduced based on the role played by Oracle as a trusted technology partner. However with details of what exactly constitutes the functions of a ‘trusted technology partner’ it is impossible to say this with any great certainty. Simultaneously, there is a slight sense of irony in a Chinese based digital company protesting against another country’s protectionist stance to the internet.

Nonetheless these benefits are in many ways greatly over exaggerated, and in many ways allowing TikTok to return without requiring a sale could prove more beneficial in the long term. Not only would the app’s return be welcomed by its immense audience (estimated 100 million US users), it would also be a clear demonstration of America’s commitment to a less fragmented internet and more open digital economy. Furthermore, revoking the ban would also allow for the opportunity to reassess and reformulate the US’s economic and political strategy with regards to Chinese technology.

On the economic side, a retraction of the ban could signal the beginning of the end of the US-China trade war. Chinese investors are sure to see the shift from a radical republican president to a centrist democrat one as the perfect opportunity to increase foreign investment, which had been steadily declining recently. Such investment could prove significantly more substantial to the United States in a post covid-19 world as opposed to even in 2019. It is not unimaginable that Biden would look to maximise this opportunity to boost the economy.

On the political side, the government has to evaluate the success of sanctions levied against Chinese technology and whether that approach of blanket banning will translate effectively to the digital sphere. Not only has the US’s sanctions against certain chinese technologies proved unsuccessful, tools such as VPNs that can negate a ban make this strategy even less effective in the digital space.

The largest hurdle to revoking the ban would be the genuine cybersecurity concerns with a Chinese corporation having access American citizens’ data. However, dealing with these concerns through a simple ban of the application would only solve this one instance of excessive surveillance and data collection by a foreign app. Rather any solution must look to fix the issue at its root - that being the need for a more cohesive, detailed and overarching national data protection and cybersecurity policy. Such a policy could place clear limitations on data collection, stipulate data localisation policies for sensitive information and outline numerous other means of reducing the threat involved with allowing applications from states such as China to operate in the US.

Ultimately, Biden will be confronted with the reality of this situation the moment he enters office. The decision he makes on TikTok would set the tone for his term and for his government’s relationship with China. Whatever he decides to do, he needs to do it as soon as possible. The clock is ticking.

For more details visit https://cis-india.org/internet-governance/blog/tiktok-it2019s-time-for-biden-to-make-a-decision-on-his-digital-policy-with-china

Thomas Abraham's Rebuttal on Parallel Importation

pranesh — 2011-08-04T04:47:12Z

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

Nature of disagreement

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

Second hand books and libraries

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

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

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

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

Helping libraries and disabled

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

Flexibility in the law

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

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

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

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

Export and remainder royalties are lower

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

Why anti-dumping laws will not be practical

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

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

Market expansion

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

Pricing drop

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

Not just about copyrighted books but about all copyrighted materials

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

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

This Twitter Account Puts a Face to the Unsung Volunteer Editors Behind Wikipedia

subha — 2014-07-03T06:17:56Z

The life of a Wikipedia editor is an interesting one. Globally, about 100,000 editors edit the collaborative online encyclopedia's 30 million articles in 287 languages, including over 4.5 million in the English Wikipedia.

Click to read the post published on Global Voices here.

They dedicate a tremendous amount of their time to contribute and edit articles, but for no pay (editors work as volunteers) and for little public recognition – their work is credited via their usernames tucked away in the entry's edit history.

Now, one initiative is trying to shine the spotlight on these hard-working “Wikipedians.” WeAreWikipedia is an unofficial project that brings on a different editor each week to curate information regarding their favorite Wikipedia pages and tweet them using the handle @WeAreWikipedia. So far, 19 people representing 17 different language Wikipedias have curated the account.

WeAreWikipedia explains on its blog that it was inspired by a weekly rotation curation handle @WeAreBangalore created by social media strategists from the Indian city of Bangalore in October 2013 to create a space for Bangaloreans to tell their stories, give their opinions or simple connect with other active social media users in the area.

Admin: Most of u r not aware that, one of our previous curators @psubhashish was inspired by us and started global #RoCur @WeAreWikipedia :)
— Bangalore/Rajeev (@WeAreBangalore) June 17, 2014

@WeAreBangalore in turn took its cue from the highly successful @sweden, which turns over the Twitter handle to a different Swede every week as a sort of citizen ambassador program.

The WeAreWikipedia curators also tell personal stories and explain the technicalities of publishing and editing Wikipedia to any readers who ask.

Wherever I go, local Wikipedians are so welcoming and so open to collaboration. I have made friends all around the globe.
— WeAreWikipedia (@WeAreWikipedia) junio 17, 2014

Curators often focus tweets on their Wikipedia language community and country. Two women editors from India, Noopur Raval and Netha Hussain, dedicated many of their publications to facts about women’s rights, issues and development in India while curating the handle during Women’s History Month in March. They also drew attention to an edit-a-thon held in Bangalore that brought 90 women to write about 77 articles related to women in India.

Mariona Aragay, an editor for the Catalan Wikipedia, made a related call for more women editors while she was at the helm of @WeAreWikipedia:

As a wikipedian, it concernes me the low ratio of #woman editors: if you’re a wiki-girl, let us know your experience! #gendergap @wikiwomen

— WeAreWikipedia (@WeAreWikipedia) June 4, 2014

Curators also highlight community events, such as Odisha Dibasa 2014, a gathering at the end of March 2014 of the Odia-language Wikipedia community in the capital of the Indian state of Odisha, where the language is predominantly spoken.

Diptiman Panigrahi, an Odia editor who curated @WeAreWikipedia during the event, talked about his week in a blog post for The Centre for Internet and Society in India:

It was a wonderful experience curating WeAreWikipedia without even much time. Meeting the entire Wikimedia global community was even more fun when I was telling happenings of my own community. I hope to take part in more of such collaborative global issues like this.

You can follow WeAreWikipedia on Twitter, Facebook and on their blog.

For more details visit https://cis-india.org/openness/blog-old/global-voices-online-june-18-2014-subhashish-panigrahi-twitter-account-puts-a-face-to-unsung-volunteer-editors-behind-wikipedia

Third South Asian Meeting on the Internet and Freedom of Expression

praskrishna — 2013-01-17T07:16:58Z

Internet Democracy Project, Voices for Interactive Choice & Empowerment and Global Partners & Associates are organizing this event in Dhaka on January 14 - 15, 2013.

Pranesh Prakash is moderating the session on "Understanding cyber security and surveillance in South Asia today". Chinmayi Arun is speaking in this panel.

The Third South Asian Meeting on the Internet and Freedom of Expression seeks to address the question of how freedom of expression on the Internet is best protected by taking as its starting point two of the biggest challenges for freedom of expression online in South Asia today: hate speech online on the one hand, and cyber security and surveillance on the other.

The meeting seeks to investigate how these challenges affect freedom of expression on the Internet as well as how they can be addressed most effectively while protecting free speech online. It will also touch briefly on the important question of what kind of Internet governance processes are most likely to ensure the desired outcomes materialise.

A very short history of the South Asian Meeting on the Internet and Freedom of Expression
The first South Asian Meeting on the Internet and Freedom of Expression took place in March 2011 in Delhi, and mapped the many challenges for free speech online in our region, as an input into the report on the Internet and freedom of expression of UN Special Rapporteur on Freedom of Expression, Mr. Frank La Rue.

The second South Asian Meeting, in Kathmandu in November 2011, assessed the extent to which policy and regulation in the South Asian countries complied with the recommendations Mr. La Rue made in his report.

This third meeting will now build on these earlier efforts by bringing together experts from civil society, business, the research community and other stakeholder groups from across the region to discuss two of the biggest shared challenges for freedom of expression online in South Asia today in detail: the rising visibility of hate speech on the one hand, and the impact of discourses regarding cyber security and surveillance on the other.

Why focus on hate speech and security/surveillance now?
Since UN Special Rapporteur on Freedom of Expression, Mr. Frank La Rue, presented his report on the Internet and freedom of expression to the UN Human Rights Council in June 2011, the complexity of this topic has received growing recognition. However, not all trends that La Rue had pointed out as directly affecting freedom of expression online – from access to the Internet to cyber attacks – are equally important in the South Asian region. Detailed analysis in several South Asian countries has shown that, though Internet penetration rates remain fairly low, most countries do possess, for example, the political will crucial to improve these figures. The two trends that seem to be of greatest concern in our region are that of the fight against hate speech, and the impact on freedom of expression of cyber security and surveillance measures. The latter is foregrounded for a variety of reasons ranging from the safety of individual users to national security.

Incidentally, across the region, as in many parts of the world, hate speech and cyber security have also been among the most important reasons governments have quoted to justify greater government control over the Internet. At the national level, this has at times manifested itself through the approval and implementation of legislation that has far-reaching consequences for freedom of speech online, without consulting many of the stakeholders who are affected at any point in time. At the global level, we see a growing number of proposals by governments that would effectively expand their collective powers to regulate the Internet, though with varying levels of involvement of other stakeholders envisioned.

Yet while governments' intentions when imposing censorship or approving surveillance measures may at times be in doubt, it is difficult to deny that the Internet has facilitated a new proliferation of hate speech, as well as that it has thrown up new security challenges that couldn't even be imagined before.

It is therefore our contention that the challenges of hate speech online and of ensuring cyber security in our region are real, and need to be addressed head-on if we are to strengthen and protect the right to freedom of expression online. For this reason, the meeting seeks to investigate both the precise nature of these challenges and what Internet governance mechanisms we need to evolve to ensure that they can be addressed most effectively whilst upholding and strengthening the right to freedom of expression. If we are to take the challenges the threats of hate speech and cyber security policy embody seriously yet also aim to uphold and strengthen the right to freedom of expression online, then what are the solutions we require? And who will need to be responsible for implementing them?

Participants
Taking into account the many parallels in the shape problems of hate speech and cyber security and surveillance take across the South Asian region as a result of shared cultures and historical legacies alike, participants will be invited from Bangladesh, India, Nepal, Pakistan, Afghanistan, Sri Lanka and the Maldives. Moreover, as solutions to these problems will invariably require collaboration among various stakeholders in the Internet governance field in order to be effective, participants will be drawn from a wide variety of stakeholder groups, including civil society, business, government, academia and the media from across the region. In this way, the meeting hopes tofacilitate a South Asia wide, multistakeholder dialogue, to learn, discuss and evolve more detailed thinking on these topics for one and a half days. The meeting will come to an end with a public event at the end of the second day.

The meeting will use a variety of formats, including key note presentations, panel discussions, case studies and small group conversations.

Agenda

January 14, 2013

9.00-09.45	Welcome and introductions to participants
09.45-10.15	Introduction to the meeting: the challenge that hate speech online and cyber security/surveillance pose to freedom of expression on the Internet – Dixie Hawtin Intro: Internet governance and human rights issues in general Why is this event focussed on hate speech and surveillance?
10.15-10.45	Tea/coffee break
10.45-12.15	The challenge of hate speech on the Internet in South Asia Strengthening the right to freedom of expression to curtail hate speech (Anja Kovacs) Three country perspectives, from the Maldives (Mariyath Mohamed), Pakistan (tbc), and Bangladesh (Salim Khan) Moderator: Bishakha Datta
12.15-13:30	Lunch
13.30-14.00	Keynote: Thinking about a rights-based approach to cyber security and surveillance as it relates to speech – KS Park
14.00-15.30	Understanding cyber security and surveillance in South Asia today With Three country perspectives from Bangladesh (Mohammad Rahman), Nepal (Kailash Prasad Neupane) and India (Chinmayi Arun). Moderator: Pranesh Prakash
15.30-16:00	Tea/coffee break
16.00-17.30	Legal and ethical questions and challenges when addressing cyber security and surveillance: two case studies – Rohan Samarajiva

January 15, 2013

9.00-9.15	Introduction to day 2
9.15-9.45	Cybersecurity, surveillance and hate speech online – key issues that need to be addressed in governance in order to protect Internet freedom of expession. This session will discuss particular issues that have relevance for both cyber security debates and hate speech issues in greater depth. Four topics that will be addressed are: The question of anonimity (KS Park) Cross-border cooperation and other jurisdictional issues in context of cloud computing and crossborder data flows and storage (Aditya Rao) Domain Names and registration (Babu Ram Aryal) Intermediaries as law enforcers (Suman Pradhan) Moderator: Shahzad Ahmed
10.45-11.00	Tea/coffee break
11.00-13.00	What kind of solutions could a rights-based approach throw up to the challenges raised so far in the meeting? Open discussion in groups and plenary, following key note speaker, Bulbul Monjurul Ahsan
13.00-13.30	Summing up and thank you
13.30-15.00	Lunch
15:00 – 16:00	Meeting participants move to venue for public meeting, tea/coffee break and arrival of wider public
16.00-18.30	PUBLIC EVENT: The Internet and freedom of expression Confirmed speakers include: Abu Taher, Info Commissioner; Iftekharuzzaman, Executive Director, Transparency International Bangladesh; Sarah Hossain, Lawyer and Honorary Executive Director, BLAST; Shaheen Anam, Executive Director, Manusher Jonno Foundation; Monjurul Ahsan Bulbul, eminent journalist and CEO, Boishakhi Television; and Rohan Samarajiva, Chair and CEO, LIRNEasia.

List of Participants

Aditya Rao, Senior Associate, Amarchand Mangaldas, India
Ahmed Swapan, Executive Director, VOICE, Bangladesh
Amrit Pant, General Secretary, Computer Association of Nepal & President, Information Technology Development Society, Nepal
Anja Kovacs, Project Director, Internet Democracy Project, India
Babu Ram Aryal, President, Internet Society, Nepal Chapter, Nepal
Binaya Guragain, Coordinator of Programs, Equal Access, Nepal
Bishakha Datta, Wikimedia Foundation Board Member & Co-founder, Point of View, India
Chinmayi Arun, Assistant Professor, National Law University Delhi & Fellow, Centre for Internet and Society, India.
Dixie Hawtin, Project Manager for Digital Communications and Freedom of Expression, Global Partners and Associates, UK
Farhana Rumki, Associate Programme Coordinator, VOICE, Bangladesh
Kailash Prasad Neupane, Chief of Legal Section, Spokesperson, Secretary and Registrar, Nepal Telecommunications Authority, Nepal
Khairuzzaman Kamal, Founder Secretary General of Bangladesh Manobadhikar Sangbadik Forum & Senior Reporter at Bangladesh Sangbad Sangstha, Bangladesh
Khawaza Mainuddin, Executive Editor, ICE Business Times Magazine, Bangladesh
K S Park, Executive Director, the PSPD Public Interest Law Center & Professor, Korea University Law School, South Korea
Mariyath Mohamed, Journalist, Minivan News, Maldives
Mohammad Nazmuzzaman Bhuian Emon, Associate Professor, Department of Law, University of Dhaka, Bangladesh
Mohammad Shahriar Rahman, Assistant Professor, Department of Computer Science and Engineering, University of Asia Pacific & Head, Center for IT Security and Privacy, Bangladesh
Moiyen Zalal Chowdhury, Community Manager, Somewhere.In & Norad Fellow,Bangladesh
Monjurul Ahsan Bulbul, Chair, International Press Institute & Editor-in-chief and CEO,Boiskakhi TV, Bangladesh
Pranesh Prakash, Policy Director, Centre for Internet and Society, India
Prasanth Sunganathan, Counsel, Software Freedom Law Centre, India
Rezaur Rahman Lenin, Research Fellow, VOICE, Bangladesh
Richa Kaul Padte, Writer, India
Rohan Samarajiva, Chair and CEO, LIRNEasia, Sri Lanka
Saleem Samad, Columnist & Correspondent at Reporters without Borders, Bangladesh
Salimullah Khan, Writer and Professor, Stamford University, Bangladesh
Sana Saleem, Director, Bolo Bhi, Pakistan
Santosh Sigdel, Advocate and Vice President, Internet Society, Nepal Chapter, Nepal
Shahzad Ahmed, Country Director, Bytes for All, Pakistan
Shehla Rashid Shora, Project Officer, Internet Democracy Project, India
Shehnaz Banu, Media and Communication Officer, Alliance for Social Dialogue, Bangladesh
Soheil Zafar, Editor, Unmochan Blog & TV Producer and Researcher, 71 Television, Bangladesh
Suman Lal Pradhan, CEO, Websurfer, Nepal
Sushma Luthra, Event Coordinator, India
Syeda Fedous Jana, Managing Director and Co-Founder of Somewhere.In, Bangladesh
Tahmina Rahman, Director Bangladesh and South Asia Region, Article 19, Bangladesh
Vasana Wickremasena, Executive Director, Centre for Integrated Communication Research and Advocacy, Sri Lanka

For more details visit https://cis-india.org/news/third-south-asian-meeting-on-internet-and-freedom-of-expression

There is No Such Thing as Free Basics

subha — 2016-02-14T11:37:50Z

India would not see the rain of Free Basics advertisements on billboards with images of farmers and common people explaining how much they could benefit from this Firefox project. Because the Telecom Regulatory Authority of India (TRAI) has taken a historical step by banning the differential pricing without discriminating services.

The article was published in Bangalore Mirror on February 9, 2016.

In their notes, TRAI has explained, "In India, given that a majority of the population are yet to be connected to the Internet, allowing service providers to define the nature of access would be equivalent of letting TSPs shape the users' Internet experience." Not just that, violation of this ban would cost Rs 50,000 every day.

Facebook's earlier plan was to launch Free Basics in India by making a few websites—that are mostly partners with Facebook—available for free. The company not just advertised heavily on billboards and commercials across the nation, it also embedded a campaign inside Facebook asking users to vote in support of Free Basics.

TRAI criticised Facebook's attempt for such a manipulative public provocation. However, Facebook was heavily criticised by many policy and Internet advocates, including non-profits groups like Free Software Movement of India and Savetheinternet.in campaign.

The latter two collectives were strongly discouraging Free Basics by bringing public opinion wherein Savetheinternet.org was used to send over 10 lakh emails to TRAI to disallow Free Basics.

Furthermore 500 start ups including major ones like Cleartrip, Zomato, Practo, Paytm and Cleartax also wrote to prime minister Narendra Modi requesting continued support for Net Neutrality — a concept that advocates equal treating of websites — on the Republic Day.

Stand-up comedy groups like AIB and East India Comedy had created humorous but informative videos explaining the regulatory debate and supporting net neutrality which went viral.

Technology critic and Quartz writer Alice Truong reacted saying: "Zuckerberg almost portrays net neutrality as a first-world problem that doesn't apply to India because having some service is better than no service."

In the light of differential pricing, news portal Medianama's founder Nikhil Pawa, in his opinion piece in Times of India, emphasised the way Aircel in India, Grameenphone in Bangladesh and Orange in Africa were providing free access to Internet with a sole motif of access to Internet, and criticised the walled Internet of Facebook that confines users inside Facebook only.

Had the differential pricing been allowed, it would have affected start ups and content-based smaller companies adversely, as they could never have managed to pay the high price to a partner service provider to make their service available for free.

On the other hand, tech-giants like Facebook could have easily managed to capture the entire market. Since the inception of the Facebook-run non-profit Internet.org has run into a lot of controversies because of the hidden motive behind the claimed support for social cause.

The decision by the government has been welcomed largely in the country and outside.

In support of the move, Web We Want programme manager at the World Wide Web Foundation, Renata Avila, has shared saying,

"As the country with the second largest number of Internet users worldwide, this decision will resonate around the world.

"It follows a precedent set by Chile, the United States, and others which have adopted similar net neutrality safeguards. The message is clear: We can't create a two-tier Internet — one for the haves, and one for the have-nots. We must connect everyone to the full potential of the open Web."

For more details visit https://cis-india.org/internet-governance/blog/bangalore-mirror-subhashish-panigrahi-february-9-2016-there-is-no-such-thing-as-free-basics

Theorizing the Digital Subaltern

sara — 2013-08-06T07:20:41Z

As digital humanities research at CIS proceeds, a number of critical positions have arisen, making it possible to reconcile questions of humanities with the digital realm. This blog entry focusses on race as a factor of research and how it is displayed in the digital.

Digital humanities has been criticized for a lack of content when compared with research in the traditional field of humanities. While humanities work deals mostly with subalternity, politics and what it means to be human, it has been established that a lot of digital humanities work revolves mainly around questions of providing access. Access is a good thing and focussing on it can be helpful. Nonetheless, as has been stated by Nishant Shah, simply providing access only works in an ideal world, where all have the gadgets and knowledges of making use of the research made available through digitalization (Shah: 2012). The internet is not the discrimination-free, post-gendered space that cyber-enthusiasts hoped for it to be. As a matter of fact, as Lisa Nakamura describes, the internet is a space of racial and gendered re-embodiement (Nakamura: 2007). Her argument is that in relation to the advancing biotechnologies, ubiquitous surveillance and pre-emptive profiling, 'racio-visual logic' is reconfiguring the body online (ibid.). Even if there is actually visibility of marginalized groups online, it is not always something that actually results in fruitful engagement with the paradigms of racial discrimination. This means that social inequalities and racial discrimination marginalizing people offline are reproduced online. Nakamura exemplifies this in an example by investigating the website alllooksame.com, where users are encouraged to participate in racial profiling by labeling pictures of Asians to be Korean, Chinese or Japanese. A majority of users falsely label the faces, which shows how the social construction of race can wrongly be mainstreamed to accommodate visual perceptions of eastern stereotypes. In this case, as the obviously problematic title of the website already suggests, simply making spaces for perceived minorities is more harmful than good. Nakamura also exemplifies how race is otherwise fetishized online, for example in video games like Grand Theft Auto, portraying non-white protagonists as thugs, or even all-time favorites like Street Fighter or Tekken, appealing to the western image of Asians as martial arts superpowers.

Therefore, the question of the quality of that access and visibility concerning subaltern groups should be vitally important to work in the digital humanities, more than the mere quantity of knowledges available. As Moore-Gilbert explains in his work on digital subalternity (Moore-Gilbert: 2000), it is not mainly access and digitalization, which will be equalizing factors in the digital age. The subaltern is a concept by Antonio Gramsci, which tries to describe the marginalized groups of people that do not have access to hegemonic spaces in society. Gayatri Spivak adds to that concept by saying that not only do the subaltern not have access to hegemonic power structures, also this denial of access makes it impossible for the subaltern to express their own knowledges, as they need to adopt Western ways of knowing to be heard. A subaltern's own cultural knowledges are therefore omitted from the discourse and a subaltern can never truly express oneself (Spivak: 1988).

Summarizing subalternity as the oppressed and dispossessed, Mike Kent (2008) defines a new digital divide, which is opening between people with access to the internet and abilities to operate a computer, and people to whom, for some reason, that description does not apply. These people may simply not own or have access to computers on a regular basis (or at all), but also may be excluded from a digital discourse, because they have been marginalized in that discourse from its analog beginnings. One of the examples was shortly addressed in one of the digital humanities blogposts, where it was explained that many people in India seem to believe that the digital is naturally for the english-speaking world and not available in local languages. These are therefore excluded in the building of gadgets and internet infrastructure, leading users to believe that the internet is a hegemonic space with male, white, western, or at the very least english-speaking dominance. Therefore local Indian languages are marginalized and the digital becomes a realm, which marginalizes non-hegemonic culture and people with different language priorities have difficulties finding their way into. The problem with subalternity is that these people are not visibly excluded, and might not even be aware of their exclusion (Kent: 2008). Providing Indian language Wikipedia, for example, is part of the solution, but definitely not all of it. When doing digital humanities work, archiving or creating access through digitalization, the digital divide grows and does so even more, as it is not, and cannot be addressed in such a way that the people being marginalized are put into a position of realizing the disproportion of knowledge access.

So merely providing information online will not result in the diminishment of the priorly addressed knowledge gap. Even when addressing this gap, it happens in terms of academics, intellectuals and people with online access speaking on behalf of people who do not have access to the discursive space in which these gaps are discussed. The experiences of the subaltern are only addressed from the outside and without their presence. This summarizes subalternity under one large, obscure category, ignoring that the subaltern might need to be addressed individually, according to race, class, gender, etc., to be able to gain the knowledges needed to participate in the discourse evolving around questions of digital humanities. Is it therefore substantive to include subaltern positions into digital discourses, even if this means speaking on behalf of certain positions at first to raise awareness. However, the awareness of speaking for someone else should also exist within the discourse and if there is any way of including subaltern positions directly, they should do so.

Within the work field of digital humanities, many projects are discussing the infrastructure and ways of dealing with online knowledges. The project Digital Humanities Q&A (http://digitalhumanities.org/answers/, or @DHanswers on twitter) offers a platform to ask questions regarding anything concerned with digital humanities. The community quickly tries to help the poster to overcome whatever difficulties s_he might be having in 'building'. And even questions of politics and ethics are discussed in the forum. This is an important infrastructure for discourse happening outside of classical academic forms and certainly retains authority through the amount of other work the researchers participating in the project are publishing online and off.

What seems to be missing, however, is the acknowledgement that the digital is not simply something apart from humanity, and is not something simply extractable and usable as a tool without affecting what it means to be human. Technology forms our very being from the first moment of creation in our mother's wombs. It is intrinsic to every life form in human society and even a complete lack of technology surrounding someone (if that is even possible), is technological in a sense that it is perceived as a lack thereof. This does not necessarily mean that all research work results to digital humanities, but it does point to the impossibility of leaving questions of the social, of race, of gender, aside when dealing with technological development.

To make an analytical example, the technologically focussed concept of the 'Internet-Geek' or the 'Hacker' gives an outlook on how questions of race are handled within a digital space. The terms hacker and geek are being used interchangeably, even though the concepts might differ. Not all geeks are hackers, however, they occupy the same space in the mainstream discourse and when speaking of an internet-geek it is often the assumption that they hack as well. While the term geek bore negative connotations for years, it seems to have shaken these with the rise of the digital realm marking the turn from 'geekism' to 'hacktivism', and with that, geekism as a new type of expertise. Geeks are no longer seen as friendless mavericks, who spend their time obsessing about one subject, which the mainstream culture seems to have little interest in or use for. Much more, the internet-geek is a political figure, which is often said to have the best survival skills in the digital age and is able to navigate through the digital realm like 'a fish takes to water'. The discourse around geek-ism focusses on the geek as an anti-intellectual figure, which overcomes classical academia, as “it's unnecessary to get a college degree in order to be a great coder” (Sanger 2011). However, debates around intellectualism are as old as the concept of the intellectual itself. Historically, the discourse on intellectualism has always been paired with antisemitism and the concept of the intellectual was first used as a derogative term to attack the left wing group defending the jewish captain Alfred Dreyfus in late 19^th century France. The captain was sentenced to life imprisonment for the wrongful accusations of having communicated french military secrets to the German embassy. His accusation and life sentence served the sustenance of French national values and enforced nationalism through the 'Othering'¹ of the jewish captain. Anti-intellectualism therefore historically springs from structural antisemitism and it is worth looking into how that concept has been employed in today's digital culture. Unfortunately, dwelling on the concept of the intellectual is not possible within the frame of this short exemplary analysis. The ambivalence of the concept should, however, not go by unnoticed. This polemic of the discourse is lost in the digital age and there seems to be little engagement with historical perceptions, which may lead to essentialists perceptions of knowledges.

In embracing the priorly addressed values of the internet, the figure of the geek is in most discourses portrayed as anarchic and dismissive of any form of singular authority, therefore undermining power-structures and hegemonic knowledges. While these discourses engage in questions of authority and freedom, it is difficult to find engagement with the categorial inequalities existent in the digital realm. The political engagement, which is supposed to be a key feature in the identity of the hacker, limits itself to questions of freedom of data and open-source. As has been described before, these technological concepts restrict themselves to data accessibility, but do not engage in questions of the quality of access to that data, or the quality of that data itself. The work of the geek or hacker is therefore not subversive per se. Rather, hackerism saw the freedom of internet usage as a right, not a privilege, thereby essentializing a 'survival of the fittest' mentality, which benefits and excuses aggressive behaviour and therefore alienating more sensitive positions. This usually results in re-justifying patriarchal structures and affirming the white, male, heterosexual norm.

Within the last couple of years geek feminism blogs and websites have been springing up on the web in an attempt to overcome the existing knowledge gaps, but the linguistic and theoretical reference seems always to be more along the lines of feminism in an online space and how much these discourses actually impact hetero-normative hackerspaces is questionable. Geek feminists therefore seldom perceive themselves to be part of the hacker-identity, but move in the realm of feminist theory, where intersectionality with other categories, such as race, has been established to be a key factor of analysis. In the hacker-realm, however, when referring to color, what is mostly being addressed is the ethical direction, in which the hacker is performing his*² task, as a short search-engine review of the topic implies. So the political questions the geek or hacker faces, evolve around cybersecurity, privacy and open spaces on the internet, but do not engage in what it means to be of a certain race, gender, etc. when writing code, hacking technologies, or processing knowledges online. This practice of obscuring categories of inequality does not make them any less effective, but, as has been shown above, enforce shallow and often fetishized depictions of online spaces and the users occupying them. This results in a naturalization of the white, male perspective and implies every other position to be an aberration. It is often implied that people of color simply don't want to participate, instead of seeing the possibility of the spaces not being inclusive and inviting enough. It has often been said that hackerspaces are alienating towards women, but the stereotypical depiction of any ethnic group influences the notion of the hacker to be of a certain class and race as well. While one might perceive that Asians occupy a great amount of online space, this does not necessarily mean fruitful engagement in a critical discourse around race in cyberspace.

So even if there is no direct racism in online spaces or within the notion of the hacker, the lack of theorizing race as a category which is still being seen as inferior leads to informal discrimination and reinforces a norm that marginalizes people of color. Research and the building of infrastructure follows these normative interests and marginalizes interests of groups that do not fit into the privileged categories. The notions of free internet usage implies a choice which is not always available, especially within marginalized communities. So it is necessary to engage with the questions of freedom, for whom they apply online, and where freedom and access stop being choices.

To reference Marshall McLuhan, the medium may not necessarily be the message, but it does inseparably intertwine itself, so that it is impossible to tell where medium stops and message begins. If we accept the premise that we are all cyborgs and digital technologies are inscribed in our bodies, a mere quantitative approach to these is not possible and believing technology to simply be a methodology, a means to end is not either. It is necessary to find a way to deal with the technological, the data and, in the end, the internet as a cultural phenomenon which forms our society just as other media does, but also creates reality in a more accurate and impacting way than any medium has done before.

Therefore when taking a turn towards visualizations and design, one should remember what it means to visualize and what is being left out in the process. Of course, articulating something is always a process of marginalizing something else, as it is simply impossible to include all positions. However, the necessity to clarify ones own position, vital in humanities, seems lost in the transition towards digital humanities. The necessity of critical digital humanities has been stressed in the past and a number of critical projects have arisen, a number of which are summarized on the design for digital inclusion homepage from the Washington University: https://depts.washington.edu/ddi/research.html. It is necessary to critically engage with concepts that occupy the digital space and this short analysis of the hacker may serve as a starting point for future research.

Annotations:

1'Othering' is a concept introduced by Edward Said, saying that the construction of a norm usually develops through the demarcation of what they are not. In this case, the french nationality was built upon a notion of anti-semitism and the concept of treason as the biggest offense to the nation state. The concept of 'othering' has also been employed by several other theorists and subaltern researchers, amongst them Gayatri Spivak. See Said: 1977, Spivak: 1985

2Unless explicitly feminist, most literature still addresses the hacker as a male figure. Although of course there are several female hackers, the concept is still connoted as a male identity. In following, this connotation will be applied, however the * indicates the critical engagement with the concept, mirroring the differential gap of power and authority according to the concept of hegemonic masculinity.

References:

Deleuze, G./Guattari, F. (1993): A Thousand Plateaus. Capitalism and Schizophrenia. Minnesota: U of Minnesota Press.

Gold, M.K. (2012): Debates in the Digital Humanities. Open Access Edition

Kuhn, T. S.(1996): The Structure of Scientific Revolutions, University of Chicago Press. 3^rd edition.

Kent, M. (2008): Digital Divide 2.0 and the Digital Subaltern. In: Nebula 5.4, 2008. Accessed July 26^th 2013:http://www.nobleworld.biz/images/Kent3.pdf

Moore-Gilbert, B. (2000): Spivak and Bhabha, In: Schwarz/Ray (ed.), A Companion to Postcolonial Studies. Oxford: Blackwell Publishers, 2000, p. 453.

Nakamura, L. (2008): Digitizing Race. Visual Cultures of the Internet. Minnesota: U of Minnesota Press.

Said, E. (1977): Orientalism. London: Penguin

Shah, N. (2012): The Digital Classroom in the Time of Wikipedia. Accessed July 26^th 2013: http://cis-india.org/raw/digital-humanities/blogs/digital-classroom/digital-classroom-in-time-of-wikipedia

Spivak, Gayatri Chakravorty. " Can the Subaltern Speak?" in Marxism and the Interpretation of Culture. Eds. Cary Nelson and Lawrence Grossberg. Urbana, IL: University of Illinois Press, 1988: 271-313.

Sterne, J. (2000): Computer Race goes to Class. How Computers in Schools Helped Shape the Racial Topography of the Internet. In: Kolko/Nakamura/Rodman (ed.): Race in Cyberspace. New York/London: Routledge. Accessed 29^th July 2013: http://sterneworks.org/ComputerRaceGoestoClass.pdf

For more details visit https://cis-india.org/raw/theorizing-the-digital-subaltern