Centre for Internet and Society

A Wikipedia Workshop at NMAIT

subha — 2013-01-04T16:30:28Z

The Centre for Internet & Society, Delhi collaborated with Metawings Institute to spread the words about Wikipedia for Indian languages. A one-day workshop was organized to educated the students on contributing to Wikipedia on December 21, 2012. About 170 engineering students took part in this event.

The workshop began with interaction with the students about their understanding. I asked few questions like what is Wikipedia, who edits articles on Wikipedia, is it paid or free, did they ever try to edit Wikipedia, etc. I took them through a presentation to explain basics of Wikipedia, five pillars, notability and copyright issues related to vandalism. One of the students were called to create his user account. Students were showed the simpler sign up process. To explain how articles are edited we introduced errors in the article on Bengaluru and made it the capital of India for few minutes! Students were explained how Wikipedia editors correct mistakes like these in real time and correct facts are published in Wikipedia. A majority of the students asked about the authenticity of articles which is open to anyone. So I got a chance to refresh the page and show how the error introduced was reverted within a few minutes.


Above is a picture of the participants from the Wikipedia Workshop at Karkala

The session went on with such interaction and students were explained more about the importance of citing references to add credibility to the facts they can add on Wikipedia articles.

We also had Dr. Ashok Kumar, prof, Computer science department, a wikipedian and columnist for Kannada newspaper Udaya Vani. Dr. Kumar introduced Kannada Wikipedia to the students. At the end of the session I had a discussion with him about organizing more workshops for Kannada Wikipedia and supporting participant students. Special thanks to Metawings for finding the venue and supporting for the event.

For more details visit https://cis-india.org/openness/blog-old/wikipedia-workshop-at-nmait

A Wikipedia Presentation at BITS, Goa

Radhakrishna Arvapally — 2015-03-09T01:21:43Z

Quark is one of India's largest science, technology and management festivals, held every February at BITS Pilani - K.K. Birla Goa Campus. This year in 2015, the event was held from February 6 to 8, 2015. This blog post captures the key moments. About 12 delegates attended the event.

How it Started?

For celebrating this annual event, "Quark 2015", BITS Pilani invited speakers from all over India. Many parallel tracks happen during this event. I got an Invite to speak about Wikimedia projects.The Centre for Internet and Society (CIS) supported my event participation.

Dr. Sunil Kumar, a BITS physics professor who could not join the presentation due to conflicting meetings met me in the morning that day. He was curious to understand how Wikimedia projects work, how people collaborate to write the same article, how the conflicting views gets resolved among editors and how one can trust the content. He was excited to know the mechanics behind. We discussed about organizing a quiz for their students. He responded very positive and said that he will discuss this internally and get back to me later.

CIS team also helped me to establish contact with Luis Gomes, a local Konkani Wikipedian. We met at the event and shared our thoughts. It was a good learning for me to understand how Konkani Wikipedia is progressing.

I gave my speech in the afternoon. The participants showed great enthusiasm to learn about Wikipedia projects. The session was very interactive. The participants tried answering open ended questions like — As on today, what are the possible ways to preserve unique knowledge and skill? The participants also asked questions on the source of knowledge contribution to Wikipedia and how it survives?

My presentation showcased how anyone could contribute to Wikipedia and also explore greater possibilities of exploring existing frame work with examples like QRpedia, WikiWand, and many more.

For more details visit https://cis-india.org/openness/blog-old/a-wikipedia-presentation-at-goa

A Wikipedia Mini-hackathon in Delhi

Yuvraj Pandian — 2012-12-04T07:31:21Z

Wikipedian Yuvaraj Pandian visited the CIS office in Delhi and helped the Access to Knowledge team conduct a super-ad-hoc mini-hackathon with two other volunteers, Sheel from Delhi and Harsh from Ahmedabad. The aim was to get them a kickstart in developing userscripts/gadgets, and get them to a point where the prior existing documentation makes sense to them.

The ad-hoc plan had three parts:

The execution environment (Concept of userscripts vs gadgets, ResourceLoader)
The API concepts (Special:ApiSandbox, concept of 'actions' in the API)
Accessing the API from JS (mediawiki.api module, concept of AJAX)

Here is the account of what they did, written by Yuvi:

"We covered all parts of them slowly, with both Harsh and Sheel working at things until they fully understood what they were doing and why whatever they were doing was working.

I introduced them to the environment first by having them execute code in Chrome's JS Console, and then in their own common.js. Once they understood the context in which the code was getting executed, the 'ResourceLoader default modules'[1]documentation started making sense to them, and they could pick up other modules from there.

We then explored the API via the API Sandbox[2], which is a relatively new (and not very well known) way of letting people play around with the API. It is a massive improvement over the older, non-interactive docs[3], and both Harsh and Sheel were very excited about being able to discover all the things they could do with the API. A fair amount of time was spent messing around with it on different wikipedias (en, hi and gu) and reading bits of the API Documentation[4] to understand the concepts behind the actions - and for filling in the gaps.

Finally we had them use the API from a userscript to make calls. I went through the entire process line by line, explaining how AJAX works and how asynchronous programming works. We traced the flow of code together to understand how the seamingly nonlinear asynchronous programming model works. Then we dug into a bit of how to use the mw.loader module to make dependencies work, and why the same code that was working in the chrome js console was not working in their common.js.

It ended with them trying to port HotCat to their native language wikipedias. Harsh started to explore more about getting started with MediaWiki dev itself (rather than just gadgets), but the clone took a looooong time and we had run out of time by then. I directed him to a WMF tech open chat happening today, and hopefully that could help!

[1].https://www.mediawiki.org/wiki/ResourceLoader/Default_modules
[2].https://en.wikipedia.org/wiki/Special:ApiSandbox
[3].https://en.wikipedia.org/w/api.php
[4].https://www.mediawiki.org/wiki/API:Main_page

For more details visit https://cis-india.org/openness/blog-old/mini-hackathon-delhi

A Treat for the Blind

praskrishna — 2013-07-11T06:02:27Z

The WIPO treaty will provide copyright exceptions on books making them available to blind people in formats they can use.

The article by Chitra Narayanan was published in Business World on June 26, 2013. Pranesh Prakash is quoted.

For millions of visually impaired people around the globe, it’s a landmark treaty that could open up the kingdom of books for them. After days of intense deliberations at Marrakesh in Morrocco, about 600 World Intellectual Property Organisation (Wipo) negotiators, including delegates from India, reached a consensus on a treaty that will provide copyright exceptions on books making them available to blind people in formats they can use.

Wipo, a United Nations agency, is dedicated to the use of intellectual property as a means of stimulating innovation and creativity. The agency has 186 member states.

Sure, content is king. But for the visually impaired, the right platform for accessing content is what makes the difference. Thanks to audio books, a host of apps, and digital platforms such as Bookshare, which provides content in accessible formats, the technology is already there to bring the rich world of 'hardcovers' and 'paperbacks' alive for those who cannot see. What’s more, these books are compatible with all kinds of devices from mobile phones to tablets to PCs.

Now, at last, there is legal sanction as well to content that was not being made available in accessible formats by the copyrights holders. For the 15 million people who are blind in India, the treaty is expected to open education doors as well as provide entertainment needs. India has the world’s largest number of blind people.

Bangalore-based Centre for Internet Society, a policy research organisation, has been at the forefront of negotiations at WIPO to get the treaty through. Minutes after the session concluded, Pranesh Prakash, policy Director at CIS and his colleague Sunil Abraham were tweeting ecstatically about the “win”.

For five long years, this Wipo treaty has witnessed contentious discussions on issues such as including exports of copyrighted works, translations of copyrighted works and so on. According to Prakash, who responded over twitter, “On Exports we won, but re-exports which was earlier permitted has become much more difficult.”

There are also other grainy areas such as commercial availability of the books. According to a post on the Intellectual Property Watch website, soon after the agreement was reached, commercial availability still stands under Article 4 (National Law Limitations and Exceptions on Accessible Format Copies) but has disappeared from Article 5 (cross border exchange of accessible format copies).

Although blind music legend Stevie Wonder, one of the most ardent supporters of the treaty, must be crooning Signed, Sealed, Delivered... it’s early days yet. The draft of the treaty has to be ratified by governments before being adopted.

But for five long years, it has been a long hard battle between copyright owners and those fighting for human rights of the visually impaired. Finally, as one observer, put it: 'a rare victory is in sight for human rights'.

For more details visit https://cis-india.org/news/business-world-june-26-2013-chitra-narayanan-a-treat-for-the-blind

A Talk by Charlotte Lapsansky

praskrishna — 2011-04-22T07:41:20Z

Charlotte Lapsansky will give a lecture on the "Mobile Voices project" at the Centre for Internet and Society, Bangalore on Thursday, 16 September 2010.

Mobile Voices is an academic-community partnership to research and design a platform for low-wage immigrants in LA to publish stories about their lives and their communities directly from their mobile phones. This low-cost, open source, customizable, and easy to deploy multimedia mobile storytelling platform will be designed in collaboration with its users, and will help recent immigrants who lack computer access gain greater participation in the digital public sphere.

In this talk, Charlotte will describe the Mobile Voices project and discuss key themes that have arisen for the Mobile Voices project team, including participatory technology design, community digital storytelling, and digital inclusion through mobile-phone based platforms. She will then describe the key technological and social issues that have arisen in the process of adapting Mobile Voices for India and the opportunities and challenges this presents.

About Charlotte Lapsansky

Charlotte Lapsansky is a PhD Candidate and American Association of University Women Dissertation Fellow at the Annenberg School for Communication at the University of Southern California. Charlotte has a background in development communication and mass media campaigns addressing gender and health in India. At Annenberg, her research interests include communication for social change, participatory development communications, community mobilization and strategic campaign planning. For the past two years, she has been a team member for Mobile Voices, a participatory project which has created a Drupal-based digital storytelling platform for first-generation, low-wage migrant workers in Los Angeles, allowing them to create and publish stories about their communities directly from their mobile phones. Currently, Charlotte is collaborating with organizations in India to customize and adapt the mobile voices platform social endeavours in India.

VIDEOS

For more details visit https://cis-india.org/events/charlotte-lapsansky-talk

A suggested set of values for the digital humanities

sara — 2013-07-03T09:41:19Z

In a prior blog entry the CIS has started mapping out the field of digital humanities. Subsequent to these first thoughts follows a review in several parts of an alternative publishing project edited by Matthew K. Gold of New Yorks Technology College. It is presented online as a hybrid print/digital publication stream, enabling viewers and readers to comment and highlight sections as they please. In the introductory passage, Matthew Gold addresses questions burning at the back of the research communities mind: Does digital humanities even need theory? Does it have politics?Is it more accessible than other scholarly fields? Does new media usage trivialize the professionalism of DH research?

In an attempt to answer these questions, which have mostly been discussed on microblogging platforms, making them nearly impossible to follow up on (Spiro: 2012), Lisa Spiro has drafted a first set of values, which could be of use for further discussion. She clearly states that her proposition is supposed to be exactly that, a work in progress, open to changes. At the same time it marks a necessary starting point for organizing arguments and conversations happening around the digital. Spiro suggests a values statement, which is broader than an ethical guideline, so that institutions and researching people can set their own emphasis according to what is important to them. With this, Spiro articulates what for her, and many others in the field, presents itself as one of the important set of values when working with digital humanities: openness, transparency and collaboration, putting aside classical values of academia, like professionalism and scholarly authority through specialization. These traditional values clash with the collaborative crowdsourced approach of the digital humanities field. With Tom Scheinfeldt, Spiro argues, the digital humanities community operates much like a “social network,” nimble and connected: “Digital humanities takes more than tools from the Internet. It works like the Internet. It takes its values from the Internet” (Scheinfeldt 2010). So while in many ways the internet and its hyperlinked, visual approach justify the way digital humanities work, there is little or no way of assuring the professionalism of digital humanities research. Spiro notes the difficulties that might arise in dropping those classical values of academia, as a lot of academic institutions object to the motives of open publishing and also find it difficult to assign credit to individuals when projects are collaborative. In this sense, the field of digital humanities is influencing the very way in which academia works, wiling it, to rearrange itself.

Just like the field itself is a hybrid, its value statement should consider the values of the disciplines it has evolved from. Spiro's value statement suggests a convergence of values including those of humanities, libraries, museums and cultural heritage organizations, as well as networked culture. At the core, all of these fields aspire to spread advanced knowledge, foster innovation and serve the public. Digital humanities therefore should have a claim to those values, while at the same time rejecting essentialism, as “values reveal the ideologies and interests of those who hold them” (Spiro: 2012). Spiro suggests openness, collaboration, diversity and experimentation as the core values, when working in the digital humanities. Openness and collaboration go hand in hand, just as digital humanities go hand in hand with internet methodology. Experimentation makes space for open methodology and leaves room for trial and error. Combined with openness and collaboration, this creates valuable learning opportunities for the whole field of digital humanities. By holding on to a value of diversity, Spiro means to make a note of the fact that, contrary to popular belief, equality has not yet been achieved in many social fields and one should remember that although ones own reality might seem to include everyone equally, others might have different stories to tell.

Remembering that no position has a claim to be objective, digital humanities can certainly go forth to become a inclusive way of spreading knowledge to those, who have up until now been kept from it by diverse gatekeepers. At the same time, “situated knowledge”, as Donna Haraway called the concept of remembering your own ideologies and speaking position (Haraway: 1988), a dialog can take place more easily, without having to claim ones own experiences to be able to speak for all.

Still, one should not assume that the field of digital humanities is a candy-coloured wonderland of anything goes. These values all are criticized in some field or other, which reminds us that the digital humanities have far to go. Creating knowledge in open space does not mean that it is equally accessible to all. So basic community and access work must go hand in hand with steady open source research collaborations.

In summary, Spiro's opening commentary on values in digital humanities will and has surely already been helpful as a reminder, and maybe this is as defined as one should get when it comes to a set of values that is supposed to be applicable to such a large and diverse field. However, all work in digital humanities often faces the problem of justifying their work, once professionalism and expertise is no longer regarded as a proof of worth. So, getting back to the questions at the beginning of this article, yes, digital humanities has politics, just as every research has politics. And it is one of its values and challenges, to make these transparent without failing to prove a point and add to the creation of knowledge, online and off.

continue reading on the topic: archivial practice in digital humanities

Literature:

Gold 2012 Mathew K. Gold “The Digital Humanities Moment” Debates in the Digital Humanities. Open Access Edition. Accessed 13 June 2013. http://dhdebates.gc.cuny.edu/debates

Haraway 1988: Donna Haraway “Situated Knowledges: The Science Question in Feminism and the Privilege of

Partial Perspective.” Feminist Studies, Vol. 14, No. 3. (Autumn, 1988), pp. 575-599- Accessed 13 June 2013 http://www.staff.amu.edu.pl/~ewa/Haraway,%20Situated%20Knowledges.pdf

Scheinfeldt 2010: Tom Scheinfeldt “Stuff Digital Humanists Like”. Accessed 13 June 2013. http://www.foundhistory.org/2010/12/02/stuff-digital-humanists-like/

Spiro 2012: Lisa Spiro “This Is Why We Fight: Defining the Values of the Digital Humanities” Debates in the Digital Humanities. Open Access Edition. Accessed 13 June 2013. http://dhdebates.gc.cuny.edu/debates/text/13

For more details visit https://cis-india.org/raw/a-suggested-set-of-values-for-the-digital-humanities

A Shortcut to Freedom

tito — 2017-06-28T09:58:47Z

In our everyday life we need access to knowledge and information, we need books (and magazines, newspapers), movies (and documentaries, animations), music for education and entertainment purposes. Now, a delighting fact is almost everything we need, from a 1965 book to the latest Bollywood movie’s MP3 song, is available on the web. You knock the door, and it opens. Why should we care for free knowledge then? We have a got “a shortcut to freedom”.

Scenario 1
Tamil Nadu Chief Minister Jayalaithaa died on 5 December 2016. Kamlesh, a college student from Chennai wants to post a few photos of the leader on his Facebook wall and page paying his tribute to her. He quickly searches on Google, finds a few photos, and posts on the wall.

Scenario 2
Nilima, a young girl from Mumbai, wants to use a latest Bollywood movie song as her mobile ringtone. She too searches on Google, and quickly finds the movie song with many options such as 64 kbps, 128 kbps, remix, reprise and a few issues such as misleading download buttons, pop-up advertisement windows etc. She selects one and puts it as her mobile ringtone.

Scenario 2a
A few days later, Madhuri, a friend of Nilima finds her mobile ringtone. Madhuri requests Nilima to send a copy of the music piece, and Nilima sends it over her mobile bluetooth.

Scenario 3
Lokesh Sanyal, a school teacher from Darjeeling, West Bengal, needs a book for his studies. He first goes to his local library and also asks his friends, but fails to get a copy of the book. Now, before buying a copy of the book, he thinks to check the world wide web to see if a free PDF copy the book is available, and hurrah!, he gets the book from Torrents or some other site.

We have almost everything we require. . .
If we make a list of our requirements of content such as movies, music, books, magazines, games, softwares, we’ll find almost everything is available on the web. You just need spend some time, (be careful about malicious web pages and downloads) and you will get what you want. It might be the movie released just a week ago, or a book published in 1990. It might a photograph of your favorite actress, or music piece of Amzad Ali Khan. Whatever we want, we get.

. . . but
Let’s ponder upon these questions:

Are you using a Windows operating system in your laptop or computer? Is the copy of the Windows OS original (if you are unsure about it then did you buy a copy of the OS with registration key or installed from a CD or pendrive given by someone freely)?
How many (hundred) times you have downloaded images, videos, music, games from the web without checking or knowing its license details?
Do you know that everytime you are sharing some music or video over your mobile bluetooth, there is a possibility that you are violating some copyright and which might be punishable?

The World Wide Web is not free. You get content, but with those come a large number of restrictions. Knowingly or unknowingly we violate copyright everyday. So what should we do?

Of course we have a shortcut — illegal downloading, piracy, as we know that no one really cares. We can ignore everything and carry on.
Or, there is a second option, join the free and open knowledge movement and try to get more and more content under the free licenses.

One option is easy, needs no hard work, on the other hand the second option is difficult to follow, needs a lot of hard work, although that should be the process. It’s completely upto you that which option would you prefer.

Image credit

Source: WIkimedia Commons, Author: W.carter, License: CC SA 4.0 International

For more details visit https://cis-india.org/a2k/blogs/a-shortcut-to-freedom

A Review of the Policy Debate around Big Data and Internet of Things

elonnai — 2015-08-17T08:36:18Z

This blog post seeks to review and understand how regulators and experts across jurisdictions are reacting to Big Data and Internet of Things (IoT) from a policy perspective.

Defining and Connecting Big Data and Internet of Things

The Internet of Things is a term that refers to networked objects and systems that can connect to the internet and can transmit and receive data. Characteristics of IoT include the gathering of information through sensors, the automation of functions, and analysis of collected data.[1] For IoT devices, because of the velocity at which data is generated, the volume of data that is generated, and the variety of data generated by different sources [2] - IoT devices can be understood as generating Big Data and/or relying on Big Data analytics. In this way IoT devices and Big Data are intrinsically interconnected.

General Implications of Big Data and Internet of Things

Big Data paradigms are being adopted across countries, governments, and business sectors because of the potential insights and change that it can bring. From improving an organizations business model, facilitating urban development, allowing for targeted and individualized services, and enabling the prediction of certain events or actions - the application of Big Data has been recognized as having the potential to bring about dramatic and large scale changes.

At the same time, experts have identified risks to the individual that can be associated with the generation, analysis, and use of Big Data. In May 2014, the White House of the United States completed a ninety day study of how big data will change everyday life. The Report highlights the potential of Big Data as well as identifying a number of concerns associated with Big Data. For example: the selling of personal data, identification or re-identification of individuals, profiling of individuals, creation and exacerbation of information asymmetries, unfair, discriminating, biased, and incorrect decisions based on Big Data analytics, and lack of or misinformed user consent.[3] Errors in Big Data analytics that experts have identified include statistical fallacies, human bias, translation errors, and data errors.[4] Experts have also discussed fundamental changes that Big Data can bring about. For example, Danah Boyd and Kate Crawford in the article "Critical Questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon" propose that Big Data can change the definition of knowledge and shape the reality it measures.[5] Similarly, a BSC/Oxford Internet Institute conference report titled " The Societal Impact of the Internet of Things" points out that often users of Big Data assume that information and conclusions based on digital data is reliable and in turn replace other forms of information with digital data.[6]

Concerns that have been voiced by the Article 29 Working Party and others specifically about IoT devices have included insufficient security features built into devices such as encryption, the reliance of the devices on wireless communications, data loss from infection by malware or hacking, unauthorized access and use of personal data, function creep resulting from multiple IoT devices being used together, and unlawful surveillance.[7]

Regulation of Big Data and Internet of Things

The regulation of Big Data and IoT is currently being debated in contexts such as the US and the EU. Academics, civil society, and regulators are exploring questions around the adequacy of present regulation and overseeing frameworks to address changes brought about Big Data, and if not - what forms of or changes in regulation are needed? For example, Kate Crawford and Jason Shultz in the article "Big Data and Due Process: Towards a Framework to Redress Predictive Privacy Harms"stress the importance of bringing in 'data due process rights' i.e ensuring fairness in the analytics of Big Data and how personal information is used.[8] While Solon Barocas and Andrew Selbst in the article "Big Data's Disparate Impact" explore if present anti-discrimination legislation and jurisprudence in the US is adequate to protect against discrimination arising from Big Data practices - specifically data mining.[9]

The Impact of Big Data and IoT on Data Protection Principles

In the context of data protection, various government bodies, including the Article 29 Data Protection Working Party set up under the Directive 95/46/EC of the European Parliament, the Council of Europe, the European Commission, and the Federal Trade Commission, as well as experts and academics in the field, have called out at least ten different data protection principles and concepts that Big Data impacts:

Collection Limitation: As a result of the generation of Big Data as enabled by networked devices, increased capabilities to analyze Big Data, and the prevalent use of networked systems - the principle of collection limitation is changing.[10]
Consent: As a result of the use of data from a wide variety of sources and the re-use of data which is inherent in Big Data practices - notions of informed consent (initial and secondary) are changing.[11]
Data Minimization: As a result of Big Data practices inherently utilizing all data possible - the principle of data minimization is changing/obsolete.[12]
Notice: As a result of Big Data practices relying on vast amounts of data from numerous sources and the re-use of that data - the principle of notice is changing.[13]
Purpose Limitation: As a result of Big Data practices re-using data for multiple purposes - the principle of purpose limitation is changing/obsolete.[14]
Necessity: As a result of Big Data practices re-using data, the new use or re-analysis of data may not be pertinent to the purpose that was initially specified- thus the principle of necessity is changing.[15]
Access and Correction: As a result of Big Data being generated (and sometimes published) at scale and in real time - the principle of user access and correction is changing.[16]
Opt In and Opt Out Choices: Particularly in the context of smart cities and IoT which collect data on a real time basis, often without the knowledge of the individual, and for the provision of a service - it may not be easy or possible for individuals to opt in or out of the collection of their data.[17]
PI: As a result of Big Data analytics using and analyzing a wide variety of data, new or unexpected forms of personal data may be generated - thus challenging and evolving beyond traditional or specified definitions of personal information.[18]
Data Controller: In the context of IoT, given the multitude of actors that can collect, use and process data generated by networked devices, the traditional understanding of what and who is a data controller is changing.[19]

Possible Technical and Policy Solutions

In a Report titled "Internet of Things: Privacy & Security in a Connected World" by the Federal Trade Commission in the United States it was noted that though IoT changes the application and understanding of certain privacy principles, it does not necessarily make them obsolete.[20] Indeed many possible solutions that have been suggested to address the challenges posed by IoT and Big Data are technical interventions at the device level rather than fundamental policy changes. For example it has been proposed that IoT devices can be programmed to:

Automatically delete data after a specified period of time [21] (addressing concerns of data retention)
Ensure that personal data is not fed into centralized databases on an automatic basis [22] (addressing concerns of transfer and sharing without consent, function creep, and data breach)
Offer consumers combined choices for consent rather than requiring a one time blanket consent at the time of initiating a service or taking fresh consent for every change that takes place while a consumer is using a service. [23] (addressing concerns of informed and meaningful consent)
Categorize and tag data with accepted uses and programme automated processes to flag when data is misused. [24] (addressing concerns of misuse of data)
Apply 'sticky policies' - policies that are attached to data and define appropriate uses of the data as it 'changes hands' [25] (addressing concerns of user control of data)
Allow for features to only be turned on with consent from the user [26] (addressing concerns of informed consent and collection without the consent or knowledge of the user)
Automatically convert raw personal data to aggregated data [27] (addressing concerns of misuse of personal data and function creep)
Offer users the option to delete or turn off sensors [28] (addressing concerns of user choice, control, and consent)

Such solutions place the designers and manufacturers of IoT devices in a critical role. Yet some, such as Kate Crawford and Jason Shultz are not entirely optimistic about the possibility of effective technological solutions - noting in the context of automated decision making that it is difficult to build in privacy protections as it is unclear when an algorithm will predict personal information about an individual.[29]

Experts have also suggested that more emphasis should be placed on the principles and practices of:

Transparency,
Access and correction,
Use/misuse
Breach notification
Remedy
Ability to withdraw consent

Others have recommended that certain privacy principles need to be adapted to the Big Data/IoT context. For example, the Article 29 Working Party has clarified that in the context of IoT, consent mechanisms need to include the types of data collected, the frequency of data collection, as well as conditions for data collection.[30] While the Federal Trade Commission has warned that adopting a pure "use" based model has its limitations as it requires a clear (and potentially changing) definition of what use is acceptable and what use is not acceptable, and it does not address concerns around the collection of sensitive personal information.[31] In addition to the above, the European Commission has stressed that the right of deletion, the right to be forgotten, and data portability also need to be foundations of IoT systems and devices.[32]

Possible Regulatory Frameworks

To the question - are current regulatory frameworks adequate and is additional legislation needed, the FTC has recommended that though a specific IoT legislation may not be necessary, a horizontal privacy legislation would be useful as sectoral legislation does not always account for the use, sharing, and reuse of data across sectors. The FTC also highlighted the usefulness of privacy impact assessments and self regulatory steps to ensure privacy.[33] The European Commission on the other hand has concluded that to ensure enforcement of any standard or protocol - hard legal instruments are necessary.[34] As mentioned earlier, Kate Crawford and Jason Shultz have argued that privacy regulation needs to move away from principles on collection, specific use, disclosure, notice etc. and focus on elements of due process around the use of Big Data - as they say "procedural data due process". Such due process should be based on values instead of defined procedures and should include at the minimum notice, hearing before an independent arbitrator, and the right to review. Crawford and Shultz more broadly note that there are conceptual differences between privacy law and big data that pose as serious challenges i.e privacy law is based on causality while big data is a tool of correlation. This difference raises questions about how effective regulation that identifies certain types of information and then seeks to control the use, collection, and disclosure of such information will be in the context of Big Data – something that is varied and dynamic. According to Crawford and Shultz many regulatory frameworks will struggle with this difference – including the FTC's Fair Information Privacy Principles and the EU regulation including the EU's right to be forgotten.[35] The European Data Protection Supervisor on the other hand looks at Big Data as spanning the policy areas of data protection, competition, and consumer protection – particularly in the context of 'free' services. The Supervisor argues that these three areas need to come together to develop ways in which the challenges of Big Data can be addressed. For example, remedy could take the form of data portability – ensuring users the ability to move their data to other service providers empowering individuals and promoting competitive market structures or adopting a 'compare and forget' approach to data retention of customer data. The Supervisor also stresses the need to promote and treat privacy as a competitive advantage, thus placing importance on consumer choice, consent, and transparency.[36] The European Data Protection reform has been under discussion and it is predicted to be enacted by the end of 2015. The reform will apply across European States and all companies operating in Europe. The reform proposes heavier penalties for data breaches, seeks to provide users with more control of their data.[37] Additionally, Europe is considering bringing digital platforms under the Network and Information Security Directive – thus treating companies like Google and Facebook as well as cloud providers and service providers as a critical sector. Such a move would require companies to adopt stronger security practices and report breaches to authorities.[38]

Conclusion

A review of the different opinions and reactions from experts and policy makers demonstrates the ways in which Big Data and IoT are changing traditional forms of protection that governments and societies have developed to protect personal data as it increases in value and importance. While some policy makers believe that big data needs strong legislative regulation and others believe that softer forms of regulation such as self or co-regulation are more appropriate, what is clear is that Big Data is either creating a regulatory dilemma– with policy makers searching for ways to control the unpredictable nature of big data through policy and technology through the merging of policy areas, the honing of existing policy mechanisms, or the broadening of existing policy mechanisms - while others are ignoring the change that Big Data brings with it and are forging ahead with its use.

Answering the 'how do we regulate Big Data” question requires re-conceptualization of data ownership and realities. Governments need to first recognize the criticality of their data and the data of their citizens/residents, as well as the contribution to a country's economy and security that this data plays. With the technologies available now, and in the pipeline, data can be used or misused in ways that will have vast repercussions for individuals, society, and a nation. All data, but especially data directly or indirectly related to citizens and residents of a country, needs to be looked upon as owned by the citizens and the nation. In this way, data should be seen as a part of critical national infrastructure of a nation, and accorded the security, protections, and legal backing thereof to prevent the misuse of the resource by the private or public sectors, local or foreign governments. This could allow for local data warehousing and bring physical and access security of data warehouses on par with other critical national infrastructure. Recognizing data as a critical resource answers in part the concern that experts have raised – that Big Data practices make it impossible for data to be categorized as personal and thus afforded specified forms of protection due to the unpredictable nature of big data. Instead – all data is now recognized as critical.

In addition to being able to generate personal data from anonymized or non-identifiable data, big data also challenges traditional divisions of public vs. private data. Indeed Big Data analytics can take many public data points and derive a private conclusion. The use of Big Data analytics on public data also raises questions of consent. For example, though a license plate is public information – should a company be allowed to harvest license plate numbers, combine this with location, and sell this information to different interested actors? This is currently happening in the United States.[39] Lastly, Big Data raises questions of ownership. A solution to the uncertainty of public vs. private data and associated consent and ownership could be the creation a National Data Archive with such data. The archive could function with representation from the government, public and private companies, and civil society on the board. In such a framework, for example, companies like Airtel would provide mobile services, but the CDRs and customer data collected by the company would belong to the National Data Archive and be available to Airtel and all other companies within a certain scope for use. This 'open data' approach could enable innovation through the use of data but within the ambit of national security and concerns of citizens – a framework that could instill trust in consumers and citizens. Only when backed with strong security requirements, enforcement mechanisms and a proactive, responsive and responsible framework can governments begin to think about ways in which Big Data can be harnessed.

[1] BCS - The Chartered Institute for IT. (2013). The Societal Impact of the Internet of Things. Retrieved May 17, 2015, from http://www.bcs.org/upload/pdf/societal-impact-report-feb13.pdf

[2] Sicular, S. (2013, March 27). Gartner’s Big Data Definition Consists of Three Parts, Not to Be Confused with Three “V”s. Retrieved May 20, 2015, from http://www.forbes.com/sites/gartnergroup/2013/03/27/gartners-big-data-definition-consists-of-three-parts-not-to-be-confused-with-three-vs/

[3] Executive Office of the President. “Big Data: Seizing Opportunities, Preserving Values”. May 2014. Available at: https://www.whitehouse.gov/sites/default/files/docs/big_data_privacy_report_5.1.14_final_print.pdf. Accessed: July 2^nd 2015.

[4] Moses, B., Lyria, & Chan, J. (2014). Using Big Data for Legal and Law Enforcement Decisions: Testing the New Tools (SSRN Scholarly Paper No. ID 2513564). Rochester, NY: Social Science Research Network. Retrieved from http://papers.ssrn.com/abstract=2513564

[5] Danah Boyd, Kate Crawford. CRITICAL QUESTIONS FOR BIG DATA. Information, Communication & Society Vol. 15, Iss. 5, 2012. Available at: http://www.tandfonline.com/doi/full/10.1080/1369118X.2012.678878. Accessed: July 2^nd 2015.

[6] The Chartered Institute for IT, Oxford Internet Institute, University of Oxford. “The Societal Impact of the Internet of Things” February 2013. Available at: http://www.bcs.org/upload/pdf/societal-impact-report-feb13.pdf. Accessed: July 2^nd 2015.

[7] ARTICLE 29 Data Protection Working Party. (2014). Opinion 8/2014 on the on Recent Developments on the Internet of Things. European Commission. Retrieved May 20, 2015, from http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf

[8] Crawford, K., & Schultz, J. (2013). Big Data and Due Process: Toward a Framework to Redress Predictive Privacy Harms (SSRN Scholarly Paper No. ID 2325784). Rochester, NY: Social Science Research Network. Retrieved from http://papers.ssrn.com/abstract=2325784

[9] Barocas, S., & Selbst, A. D. (2015). Big Data’s Disparate Impact (SSRN Scholarly Paper No. ID 2477899). Rochester, NY: Social Science Research Network. Retrieved from http://papers.ssrn.com/abstract=2477899

[10] Barocas, S., & Selbst, A. D. (2015). Big Data’s Disparate Impact (SSRN Scholarly Paper No. ID 2477899). Rochester, NY: Social Science Research Network. Retrieved from http://papers.ssrn.com/abstract=2477899

[11] Article 29 Data Protection Working Party. “Opinion 8/2014 on the on Recent Developments on the Internet of Things”. September 16^th 2014. Available at: h ttp://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[12] Tene, O., & Polonetsky, J. (2013). Big Data for All: Privacy and User Control in the Age of Analytics. Northwestern Journal of Technology and Intellectual Property, 11(5), 239.

[13] Omer Tene and Jules Polonetsky, Big Data for All: Privacy and User Control in the Age of Analytics, 11 Nw. J. Tech. & Intell. Prop. 239 (2013).

[14] Article 29 Data Protection Working Party. “Opinion 8/2014 on the on Recent Developments on the Internet of Things”. September 16^th 2014. Available at: h ttp://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[15] Information Commissioner's Office. (2014). Big Data and Data Protection. Infomation Commissioner's Office. Retrieved May 20, 2015, from https://ico.org.uk/media/for-organisations/documents/1541/big-data-and-data-protection.pdf

[16] Article 29 Data Protection Working Party. “Opinion 8/2014 on the on Recent Developments on the Internet of Things”. September 16^th 2014. Available at: h ttp://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[17] The Chartered Institute for IT and Oxford Internet Institute, University of Oxford. “The Societal Impact of the Internet of Things”. February 14^th 2013. Available at: http://www.bcs.org/upload/pdf/societal-impact-report-feb13.pdf. Accessed: July 2^nd 2015.

[18] Kate Crawford and Jason Shultz, “Big Data and Due Process: Towards a Framework to Redress Predictive Privacy Harms”. Boston College Law Review, Volume 55, Issue 1, Article 4. January 1st 2014. Available at: http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3351&context=bclr. Accessed: July 2nd 2015.

[19] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2nd 2015.

[20] Federal Trade Commission. (2015). Internet of Things: Privacy & Security in a Connected World. Federal Trade Commision. Retrieved May 20, 2015, from https://www.ftc.gov/system/files/documents/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things-privacy/150127iotrpt.pdf

[21] Federal Trade Commission. (2015). Internet of Things: Privacy & Security in a Connected World. Federal Trade Commision. Retrieved May 20, 2015, from https://www.ftc.gov/system/files/documents/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things-privacy/150127iotrpt.pdf

[22] Federal Trade Commission. (2015). Internet of Things: Privacy & Security in a Connected World. Federal Trade Commision. Retrieved May 20, 2015, from https://www.ftc.gov/system/files/documents/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things-privacy/150127iotrpt.pdf

[23] Federal Trade Commission. (2015). Internet of Things: Privacy & Security in a Connected World. Federal Trade Commision. Retrieved May 20, 2015, from https://www.ftc.gov/system/files/documents/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things-privacy/150127iotrpt.pdf

[24] Federal Trade Commission. (2015). Internet of Things: Privacy & Security in a Connected World. Federal Trade Commision. Retrieved May 20, 2015, from https://www.ftc.gov/system/files/documents/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things-privacy/150127iotrpt.pdf

[25] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16^th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[26] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16^th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[27] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16^th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[28] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16^th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[29] Kate Crawford and Jason Shultz, “Big Data and Due Process: Towards a Framework to Redress Predictive Privacy Harms”. Boston College Law Review, Volume 55, Issue 1, Article 4. January 1st 2014. Available at: http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3351&context=bclr. Accessed: July 2nd 2015.

[30] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16^th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[31] Federal Trade Commission. (2015). Internet of Things: Privacy & Security in a Connected World. Federal Trade Commission. Retrieved May 20, 2015, from https://www.ftc.gov/system/files/documents/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things-privacy/150127iotrpt.pdf

[32] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16^th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[33] Federal Trade Commission. (2015). Internet of Things: Privacy & Security in a Connected World. Federal Trade Commission. Retrieved May 20, 2015, from https://www.ftc.gov/system/files/documents/reports/federal-trade-commission-staff-report-november-2013-workshop-entitled-internet-things-privacy/150127iotrpt.pdf

[34] Article 29 Data Protection Working Party “Opinion 8/2014 on the on Recent Developments on the Internet of Things” September 16^th 2014. Available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf. Accessed: July 2^nd 2015.

[35] Kate Crawford and Jason Shultz, “Big Data and Due Process: Towards a Framework to Redress Predictive Privacy Harms”. Boston College Law Review, Volume 55, Issue 1, Article 4. January 1^st 2014. Available at: http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3351&context=bclr. Accessed: July 2^nd 2015.

[36] European Data Protection Supervisor. Preliminary Opinion of the European Data Protection Supervisor, Privacy and competitiveness in the age of big data: the interplay between data protection, competition law and consumer protection in the Digital Economy. March 2014. Available at: https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2014/14-03-26_competitition_law_big_data_EN.pdf

[37] SC Magazine. Harmonised EU data protection and fines by the end of the year. June 25^th 2015. Available at: http://www.scmagazineuk.com/harmonised-eu-data-protection-and-fines-by-the-end-of-the-year/article/422740/. Accessed: August 8^th 2015.

[38] Tom Jowitt, “Digital Platforms to be Included in EU Cybersecurity Law”. TechWeek Europe. August 7^th 2015. Available at: http://www.techweekeurope.co.uk/e-regulation/digital-platforms-eu-cybersecuity-law-174415

[39] Adam Tanner. Data Brokers are now Selling Your Car's Location for $10 Online. July 10^th 2013. Available at: http://www.forbes.com/sites/adamtanner/2013/07/10/data-broker-offers-new-service-showing-where-they-have-spotted-your-car/

For more details visit https://cis-india.org/internet-governance/blog/review-of-policy-debate-around-big-data-and-internet-of-things

A Question of Digital Humanities

sneha-pp — 2016-06-30T05:06:46Z

An extended survey of digital initiatives in arts and humanities practices in India was undertaken during the last year. Provocatively called 'mapping digital humanities in India', this enquiry began with the term 'digital humanities' itself, as a 'found' name for which one needs to excavate some meaning, context, and location in India at the present moment. Instead of importing this term to describe practices taking place in this country - especially when the term itself is relatively unstable and undefined even in the Anglo-American context - what I chose to do was to take a few steps back, and outline a few questions/conflicts that the digital practitioners in arts and humanities disciplines are grappling with. The final report of this study will be published serially. This is the second among seven sections.

Sections

01. Digital Humanities in India?

02. A Question of Digital Humanities

03. Reading from a Distance – Data as Text

04. The Infrastructure Turn in the Humanities

05. Living in the Archival Moment

06. New Modes and Sites of Humanities Practice

07. Digital Humanities in India – Concluding Thoughts

The 'digital turn' has been one of the significant changes in interdisciplinary research and scholarship in the last couple of decades. The advent of new digital technologies and growth of networked environments have led to a rethinking of the traditional processes of knowledge gathering and production, across an array of fields and disciplinary areas. DH has emerged as yet another manifestation of what in essence is this changing relationship between technologies and the human being or subject. The nature and processes of information, scholarship and learning, now produced or mediated by digital tools, methods or spaces have formed the crux of the DH discourse as it has emerged in different parts of the world so far. It has been variously called a phenomenon, field, discipline and a set of convergent practices – all of which are located at and/or try to understand the interaction between digital technologies and humanities practice and scholarship. DH in the Anglo-American context has seen several changes – from an early phase of vast archival initiatives and digitisation projects, to now exploring the role of big data and cultural analytics in literary criticism. Some of the early scholarship in the field illustrate the problems with defining and locating it within specific disciplinary formations, as the research objects, methods and locations of DH work cut across everything from the archive to the laboratory and social networking platforms. Largely interpreted as a way to explore the intersection of information technology and humanities, DH is grown to become an interdisciplinary field of research and practice today. However, DH is also clearly being posited as a site of contestation – what is perceived as doing away with or reinventing certain norms of traditional humanities research and scholarship. As a result it has largely been framed within the existing narrative of a crisis in the humanities, highlighting the more prominent role of technology which is now expected to resolve in some way questions of relevance and authority that seem to have become central to the continued existence and practice of the humanities in its conventional forms.

The Problem of Definition

The question of what is DH has been asked many times, and in different ways. Most scholars have differentiated between two waves or types of DH – the first is that of using computational tools to do traditional humanities research, while the second looks at the 'digital' itself as integral to humanistic enquiry [1]. However as is apparent in the existing discourse, the problem of definition still persists. As a field, method or practice, is it a found term that has now been appropriated in various forms and by various disciplines, or is it helping us reconfigure questions of the humanities by making available, through advancements in technology, a new digital object or a domain of enquiry that previously was unavailable to us? These and others will continue to remain questions for the digital humanities, but it would be important to first examine what would be the question/s of digital humanities. Dave Parry summarises to some extent these different contentions to a definition of the field when he suggests that "what is at stake here is not the object of study or even epistemology, but rather ontology. The digital changes what it means to be human, and by extension what it means to study the humanities." (Parry 2012)

Some speculation on the larger premise of the field, with specific reference to its emergence in India is what I hope to chart out in this report. This is not in itself an attempt at a definition, but sketching out a domain of enquiry by mapping the field with respect to work being done in the Indian context. In doing so these propositions will assume one or the other (if not all three) of these following suggested threads or modes of thought, which will also inform larger concerns of the DH work at CIS:

The first is the inherited separation of technology and the humanities and therefore the existing tenuous relationship between the two fields. As is apparent in the nomenclature itself, there seems to be a bringing together of what seem to have been essentially two separate domains of knowledge. However, the humanities and technology have a rather chequered history together, which one could locate with the beginning of print culture. As Adrian Johns points out in the Nature of the book, "any printed book is, as a matter of fact, both the product of one complex set of social and technological processes and the beginning of another" (Johns 1998:3). The larger imagination of humanities as text-based disciplines can be located in a sense in the rise of printing, literacy and textual scholarship. While the book itself seems to have made a comfortable transition into the digital realm, the process of this transition, the channels of circulation and distribution of information as objects of study have been relegated to certain disciplinary concerns, thus obfuscating and making invisible this 'technologised history' of the humanities. Can DH therefore be an attempt to uncover such a history and bridge these knowledge gaps would be a question here?
The distance between the practice and the subject. How does one identify with DH practice? While many people engage with what seem to be core DH concerns, they are not all 'digital humanists' or do not identify themselves by the term. While at one level the problem is still that of definition and taxonomy – what is or is not DH – at another level it is also about the nature of subjectivity produced in such practice – whether it has one of its own or is still entrenched in other disciplinary formations, as is the case with most DH research today. This is apparent in the emphasis on processes and tools in DH– where the practice or method seems to have emerged before the theoretical or epistemological framework. One may also connect this to the larger discourse on the emergence of the techno-social subject [2] as an identity meditated by digital and new media technologies, wherein technology is central to the practices that engender this subjectivity.
Tying back to the first question is also the notion of a conflict between the humanities and DH. This comes with the perception of DH being a version 2.0 of the traditional humanities, a result of the existing narrative of crisis and the need for the humanities disciplines to reinvent themselves to remain relevant in the present context, and one way to do this is by becoming amenable to the use of computing tools. DH has emerged as one way to mediate between the humanities and the changes that are imminent with digital technologies, but it may not or even need not take up the task of trying to establish a teleological connection between the two. The theoretical pursuits of both may be different but deeply related, and this is one manner of approaching DH as a field or domain of enquiry; the point of intersection or conflict would be where new questions emerge. This narrative is also located within a larger framing of DH in terms of addressing the concerns of the labour market, and the fear of the humanities being displaced or replaced as a result. Parry’s objective of studying DH works with and tries to address this particular formulation of the field.

Locating these concerns in India, where the field of DH is still at an incipient stage comes with a multitude of questions. For one the digital divide still persists to a large extent in India, and is at different levels due to the complexity of linguistic and social conditions of technological advancement. It is difficult locate a field that is so premised on technology in such a varied context. Secondly, the existing discourse on DH still draws upon, to a large extent, the given history of the term which renders it inaccessible to certain groups or classes of people in the global South. Another issue which is not specifically Indian but can be seen more explicitly in this context is the somewhat uncritical way in which technology itself is imagined. In most spaces, technology is still understood as either ‘facilitating’ something, either a specific kind of research enquiry or as a tool - a means to an end, and as being value or culture neutral. However, if we are to imagine the digital as a condition of being as Parry says, then technology too cannot be relegated to being a means to an end. Bruno Latour indicates the same when he says "Technology is everywhere, since the term applies to a regime of enunciation, or, to put it another way, to a mode of existence, a particular form of exploring existence, a particular form of the exploration of being – in the midst of many others." (Latour 2002)

DH then in some sense takes us back to the notion of technology or more specifically the digital realm as being a discursive space, and a technosocial or cultural paradigm that generates new objects and methods of study. This has been the impetus of cyber culture and digital culture studies, but what separates DH from these fields is another way to arrive at some understanding of its ontological status. At a cursory glance, the shift from content to process, from information to data seems to be the key transition here, and the blurring of the boundaries between such absolute categories. More importantly however, does this point towards an epistemic shift; a rupture in the given understanding of certain knowledge formations or systems is also a pertinent question of DH. There are several questions therefore for DH - in terms of what it means and what it could do for our understanding of the humanities and technology. However the questions of DH still need to be made explicit. This mapping exercise will attempt to explore some of the above thoughts a little further. Through discussions with scholars and practitioners across diverse fields, we will attempt to map and generate different meanings of the ‘digital’ and DH. While one can expect this to definitely produce more questions, we also hope the process of thinking though these questions will lead to an understanding of the larger field as well.

The Problem of the Discipline

Much has been said and written about DH as an emergent field or domain of enquiry; the plethora of departments being set up all across the world, well mostly the developed world is testimony to the claimed innovative and generative potential of the field. However as outlined in the introduction the problem of definition still persists and poses much difficulty in any attempts to engage with the field. While the predominant narrative seems to be in terms of defining what DH or to take it a step back, what the ‘digital’ allows you to do, with respect to enabling or facilitating certain kinds of research and pedagogy, a pertinent question still is that of what it allows you to ‘be’. DH has been alternatively called a method, practice and field of enquiry, but scholars and practitioners in many instances have stopped short of fully embracing it as a discipline. This is an interesting development given the rapid pace of its institutionalisation - from being located in existing Humanities or Computational Sciences and Media Studies departments it has now claimed functional institutional spaces of its own, with not just interdisciplinary research and teaching but also other creative and innovative knowledge-making practices. The field is slowly gaining credence in India as well, with several institutions pursuing research around core questions within the fold of DH.

So is the disciplinary lens inadequate to understand this phenomenon, or is it too early for a field still considered in some ways rather incipient. The growth of the academic discipline itself is something of a fraught endeavour; as debates around the scientific revolution and Enlightenment thought have established. To put it in a very simple manner, the story of academic disciplines is that of training in reason [3]. Andrew Cutrofello says "In academia, a discipline is defined by its methodological rigor and the clear boundaries of its field of inquiry. Methods or fields are criticized as being 'fuzzy' when they are suspected of lacking a discipline. In a more straightforwardly Foucauldian sense, the disciplinary power of academic disciplines can be located in their methods for producing docile bodies of different sorts" (Cutrofello 1994). The problem with defining DH may lie in it not conforming to precisely this notion of the academic discipline, and changing ideas of the function of critique when mediated by the digital, which is of primary concern for the humanities. DH has in many spaces also emerged as a manifestation of increasing interdisciplinarity and the blurring of boundaries between traditional disciplinary concerns.

However a prevalent mode of understanding DH has been in terms of the disciplinary concerns it raises for the humanities themselves; this works with the assumption that it is in fact a newer, improved version or extension of the humanities. The present mapping exercise too began with the disciplinary lens, but instead of enquiring about what DH is, it tried to explore what the ‘digital’ has brought to, changed or appropriated in terms of existing disciplinary concerns within the humanities and more broadly spaces and process of knowledge-making and dissemination. This thought stems from the premise that if we have to posit the digital itself as a state of being or existence, then we need to understand this new techno-social paradigm much better. Prof. Amlan Dasgupta, at the School of Cultural Texts and Records at Jadavpur University in Kolkata sees this as useful way of going about the problem of trying to arrive at a definition of the field – one is to understand the history of the term, from its inherited definition in the Anglo-American context, and distinguish it from what he calls the current state of ‘digitality’ – where all cultural objects are being now being conceived of as ‘digital’ objects. In the Indian context, the question of digitality also becomes important from the perspective of technological obsolescence - where there is a great resistance to discontinuing or phasing out the use of certain kinds of technology; either for lack of access to better ones or simply because one finds other uses for it. Prof. Dasgupta interestingly terms this a ‘culture of reuse’, one example of this being the typewriter which for all practical purposes has been displaced by the computer, but still finds favour with several people in their everyday lives. The question of livelihood is still connected to some of these technologies, so much so that they are very much a part of channels of cultural production and circulation, and even when they cease to become useful they have value as cultural artefacts. We therefore inhabit at the same time, different worlds, that of the analogue and digital, or as he calls it 'a multi-layered technological sphere'. The notion of the 'digital' is also multi-layered, with some objects being 'weakly digital', and others being so in a more pronounced manner. The variedness of this space, and the complexities or ‘degrees of use’ of certain technologies or technological objects is what further determines the nature of this space and makes it all the more difficult to define. DH itself has seen several phases in the West, but has seen no such movement or gradual evolution in India, where these phases exist simultaneously.

This is also true of most technology in underdeveloped world. This further complicates the questions of access to technology or the 'digital divide' which have been and still are some of the primary approaches concerning the pervasiveness of technology, particularly in the Global South. The need of the hour therefore is to be able to distinguish between this current state of digitality that we are in, and what is meant by the ‘Digital Humanities’. It may after all be a set of methodologies rather than a subject or discipline in itself– the question is how it would help us understand the ‘digital’ itself much better, and more critically, and the new kinds of enquiries it may then facilitate about this space we now inhabit. This, Prof. Dasgupta feels would go a long way in arriving at some definition of the field.

One of the important points of departure, from the traditional humanities and later humanities computing as mentioned earlier, has been the blurring of boundaries between content, method and object/s of enquiry. The ‘process’ has become important, as illustrated by the iterative nature of most DH projects and the discourse itself which emphasises the 'making' and 'doing' aspects of the research as much as the content itself. Tool-building as a critical activity rather than as mere facilitation is an important part of the knowledge-making process in the field (Ramsay 2010). In conjunction with this, Dr. Moinak Biswas, at the Department of Film Studies at Jadavpur University, thinks that the biggest changes have been in terms of the collaborative nature of knowledge production, based on voluntarily sharing or creating new content through digital platforms and archives, and crucially the possibility of now imagining creative and analytical work as not separate practices, but located within a single space and time. He cites an example from film, where now with digital platforms and processes ‘image’ making and critical practice can both be combined on one platform, like the online archive Indiancine.ma [4] or the Vectors journal [5] for example, to produce new layers of meaning around existing texts. The aspect of critique is important here, given that the consistent criticism about the field has been the ambiguity of its social undertaking; its critical or political standpoint or challenge to existing theoretical paradigms. Most of the interest around the term has been in very instrumental terms, as a facilitator or enabler of certain kinds of digital practice. While the move away from computational analysis as a technique to facilitate humanities research is apparent, the disciplinary concerns here still seem to be latched onto those of the traditional humanities. Questions about the epistemological concerns of DH itself therefore remain unanswered.

While reiterating some of these core questions within DH, Dr. Souvik Mukherjee at the Department of English, Presidency University and Dr. Padmini Ray Murray, at the Centre for Public History, Srishti School of Art, Design and Technology, speak of the problem of locating the field in India, where work is presently only being done in a few small pockets. The lack of a precise definition, or location within an established disciplinary context are some reasons why a lot of work that could come within the ambit of DH is not being acknowledged as such; conversely it also leads to the problem of projects on digitisation or studies of digital cultures/cyber cultures being easily conflated with DH . Related to this is the absence of self-claimed ‘digital humanists’, which makes it all the more difficult to identify the boundaries of their research and practice. More importantly, the lack of an indigenous framework to theorise around questions of the digital is also an obstacle to understanding what the field entails and the many possibilities it may offer in the Indian context. This they feel is a problem not just of DH, but in general for modes of knowledge production in the social sciences and humanities that have adopted Western theoretical constructs. One could also locate in some sense the present crisis in disciplines within this problem. Sundar Sarukkai and Gopal Guru explicate this issue when they talk about the absence of 'experience as an important category of the act of theorising' because of the privileging of ideas in Western constructs of experience (Guru and Sarukkai 2012). This is also reflective of the bifurcation between theory and praxis in traditional social sciences or humanities epistemological frameworks which borrow heavily from the West. DH while still to arrive at a core disciplinary concern seems to point towards the problem of this very demarcation by addressing the aspect of practice as a very focal point of its discourse.

Dr. Indira Chowdhury, oral historian and director of the Centre for Public History, who is also a faculty member at the Srishti School of Art, Design and Technology, Bangalore sees this as a favourable way of understanding how the field as such has emerged and what its various possibilities could be in terms of different disciplinary perspectives. She is uncertain that of its emergence as a response to a ‘crisis’ in the humanities as such. She recalls an instance of one of her students who went on to work on hypertext in Canada, several years ago, which for her seemed to be the first instance of something close to DH. The IT revolution in the early 2000s was a significant change, and there were several things that it enabled people to do, in terms of concordance, cross-referencing and getting around texts in certain ways. However, whether key questions in the humanities really changed, whether they were taken any further, is something yet to be explored because it is still such a new field, and one can only be speculative about it, she feels. It perhaps pushes for a new level of interdisciplinarity, and a different kind of collaborative space that the digital enables. What is significant and exciting for her as a historian, however, is that if history has to survive as a discipline, in schools but in terms of public spaces and discourse, it should actively engage with the digital. This not only presents significant challenges, in terms how to represent the past in the digital space, (in short problems with method) but also opens up new possibilities, for example with oral history and the advent of digital sound. The definition of the field will also evolve, as people define it from different spaces of practice and research, which Dr. Chowdhury feels is crucial to keeping it open and accessible by all.

Even from diverse disciplinary perspectives, at present the understanding of DH is that it facilitates new modes of humanistic enquiry, or enables one to ask questions that could not be asked earlier. As Prof. Dasgupta reiterates, it is no longer possible to imagine humanities scholarship outside of the ‘digital’ as such, as that is the world we inhabit. However, while some of the key conceptual questions for the humanities may remain the same, it is the mode of questioning that has undergone a change – we need to re-learn questioning or question-making within this new digital sphere, which is in some sense also a critical and disciplinary challenge. While this does not resolve the problem of definition, it does provide a useful route into thinking of what would be questions of DH, particularly in the Indian context.

Notes

[1] For a more detailed overview of the different phases of DH, see Patrik Svensson in 'Landscape of Digital Humanities,' Digital Humanities Quarterly, Volume 4 Number 1, 2010, http://digitalhumanities.org/dhq/vol/4/1/000080/000080.html.

[2] For more on the nature of the technosocial subject, see Nishant Shah, The Technosocial Subject: Cities, Cyborgs and Cyberspace, Manipal University, 2013. Indian ETD Repository @ INFLIBNET, http://hdl.handle.net/10603/8558.

[3] This is rather simple abstraction of ideas about discipline and reason as they have stemmed from Enlightenment thought. For a more elaborate understanding see Conflict of the Faculties (1798) by Immanuel Kant and Discipline and Punish (1975) by Michel Foucault.

[4] See: http://indiancine.ma/.

[5] See: http://vectors.usc.edu/journal/index.php.

References

Cutrofello, Andrew, Discipline and Critique: Kant, Poststructuralism and the Problem of Resistance, State University of New York Press, 1994.

Guru, Gopal, and Sundar Sarukkai, The Cracked Mirror: An Indian Debate on Experience and Theory, New Delhi: Oxford University Press India, 2012.

Johns, Adrian, The Nature of the Book: Print and Knowledge in the Making, Chicago: University of Chicago Press, 1998.

Latour, Bruno, 'Morality and Technology: The End of the Means,' Trans. Couze Venn, Theory Culture Society, 247-260, 2002.

Parry, Dave, 'The Digital Humanities or a Digital Humanism', Debates in the Digital Humanities, ed. Mathew K. Gold, University of Minnesota Press, 2012, http://dhdebates.gc.cuny.edu/debates/text/24.

Ramsay, Stephen, 'On Building,' 2010, http://lenz.unl.edu/papers/2011/01/11/on-building.html.

For more details visit https://cis-india.org/raw/a-question-of-digital-humanities

A Network of Chains

praskrishna — 2011-05-23T06:50:28Z

New infotech rules infringe on freedom of expression, make net use near-impossible, writes Arindam Mukherjee. The article was published in the latest issue (May 30, 2011) of Outlook Magazine.

If all goes according to plan, internet users may not be able to put up a strong message or comment about, say, the Congress on the BJP’s website. A simple complaint from a Congress worker or, for that matter, any Indian citizen, can get the comment removed—it could even lead to the website being blocked by the host. Similarly, forceful comments on networking sites like Twitter and Facebook about individuals and on issues of national interest could soon also be history. If anyone wants, a simple complaint can get the comments—or even a user—removed from that network without informing him or her about it.

The new set of rules gives any citizen the right to complain against any content on any website that they consider objectionable. The new guidelines redefine the rules of the game for online intermediaries—Internet Service Providers, a website, a blog or a blog host, or the online edition of a media company with space for letters to the editor. These intermediaries, who are protected by the government against harmful content generated by third parties, stand to lose their protection if they do not comply and take off the objectionable comments within 36 hours.

As expected, there is a huge outcry in the online community and in civil society on the implications. Pranesh Prakash, programme manager, Centre for Internet and Society, says, "We are concerned about the overreach of the IT Act. These rules are unconstitutional and violative of Article 19(1)(a) of the Constitution. It is harmful to freedom of speech and does not go by the basic principles of natural justice because only the complainant is heard and not the user."

"These rules violate the Constitution, harm freedom of speech, go against the principles of natural justice."
Pranesh Prakash
Manager, CIS

The new rules provide that anyone can complain against any online content if he thinks it is objectionable and breaches any of the keywords provided under the rules (see graphic). Chakshu Roy of prs Legislative Research, an independent group, says, "The keywords provided under the rules are rather too open to interpretation. This might lead to potential legal complications for internet companies who derive value by allowing people to interact online."

The tricky part is that the government has said that all disputes over interpretation of the keywords can only be adjudicated by a court of law and that the government or its agencies cannot interpret it. So if your website or content is blocked, the only recourse before you is to knock at the court’s doors. In sum, under the new rules, it would be absolutely impossible for any online entity to carry any comment without getting into some infringement under the new rules. "If internet platforms are held liable for third-party content, it would lead to self-censorship and reduce the free flow of information," says a spokesperson for Google.

Despite the government arguing otherwise, this is being construed as an indirect way to control the internet and online activity. The new laws will suppress public opinion at a time when the internet is developing into a primary medium to mould as well as express public opinion. Nikhil Pahwa, an avid blogger and editor of Medianama, says, "National security is one thing, but what about civil liberty? Isn’t that being violated here? This is a veiled move to block all public opinion."

In recent times, 11 websites and search results have been blocked on the government’s order, apart from over 1,400 requests to Google for removal or blocking of content. Soon, many more websites and portals could be in the firing line and face a block, censure or even closure under the new set of rules.

Online protagonists also feel that enough thinking has not gone into the framing of the rules. Subho Ray, president, Internet and Mobile Association of India (iamai), says, "The new rules are arbitrary as it is protecting the interest of one set of citizens while compromising upon that of others." Also, there is ambiguity in the rules on bulk sms carriers and telecom-based content, which should technically fall under user-generated content reaching the masses.

Perhaps the most bizarre are the rules regarding cyber cafes, which seek to define not just how the cafes conduct their business but also how a cyber cafe should look and even arrange its furniture. The new guidelines mandate that cyber cafes keep a photo ID record of all users apart from maintaining usage data of individuals—including logs of all websites surfed by them—for one year. The rules even go on to define the physical layout of the cyber cafes.

"Today a third of India’s internet usage comes from cyber cafes. If you are putting requirements of photo ID and maintenance of logs of usage of every user, the crowd going to these cafes will move away," says Ray. He also feels that cyber cafes, which are already subject to harassment by local authorities, may find it even more difficult to survive under the new rules. Also, there are serious online security concerns over the functioning of cyber cafes under the new rules. "If you require all cyber cafes to maintain history of all websites visited by a user, including bank accounts and credit card transactions, it will be naive to think that such information will not be misused," says Prakash.

Significantly, the new rules also allow the government to access personal data and intercept any conversation or communication without judicial intervention. This, at a time when telephone intercepts by government agencies are being questioned, could lead to further complications. The government asserts that the new rules have been put in place looking at the “best practices" from across the world. But looking at the discontent—and the real danger of misuse—it needs to rethink these strategies.

Read the original published in the Outlook here

For more details visit https://cis-india.org/news/network-of-chains

A Megacorp’s Basic Instinct

praskrishna — 2016-02-04T13:53:05Z

Bolstered by academia and civil society, TRAI stands its ground against FB’s Free Basics publicity blitz.

The article by Arindam Mukherjee was published in Outlook on February 8, 2016. Sunil Abraham was quoted.

Hours before the January 31 deadline for telecom regulator TRAI to give its opinion on Facebook’s controversial and expensive Free Basics pitch—which seeks to give India’s poor “free” access to certain partner websites—the consensus seems to be building up against the social media giant. “If there is cannibalising of the internet through services like Free Basics, the internet will be split; it will parcel out and slice the internet. Its future is at stake,” says a senior government official on condition of anonymity.

In a climate where the tech-savvy Modi government is seen to be close to the online trinity of Facebook, Google and Twitter, TRAI’s defiant stance in favour of net neutrality stands out. There’s a lot at stake. India’s position becomes crucial as few countries in the world have clearly defined laws on net neutrality or have taken a stand on it. For Facebook, there’s a lot more at stake. India is its second-largest user base after the US (it is banned in China), so it is leaving no stone unturned. The massive Rs 300-crore electronic and print media campaign is an indication of that.

TRAI sources say they are ready for any adverse onslaught and they are under no pressure from the PMO. The view gaining ground in government is that FB is trying to create a walled garden where it controls what people see and surf and what they can access online. While this will be offered to consumers for free—the technical term is differential pricing—the websites part of Free Basics will have to pay for being on the platform. Outlook’s queries to FB remained unanswered at the time of going to press.

At an ‘open house’ meeting to discuss TRAI’s consultation paper on differential pricing last week, regulator Ram Sevak Sharma stood firm against the barrage of pro-Free Basics opinions that flowed from FB, telecom operators and some members of the public. TRAI’s message was clear: FB’s tactics of moulding public opinion by stealth will not be acceptable in India. In the past few weeks, there have been bitter exchanges between TRAI and FB over the latter’s responses to a consultation paper on differential pricing.

TRAI’s defiant stand draws from an unprecedented show of strength by civil society against Free Basics and FB’s intentions. Says former Aadhar man Nandan Nilekani, “Free Basics is certainly against net neutrality. How can a solution be neutral, if it disproportionately benefits a particular website or business on the internet? Today, 400 million Indians are online. They came online because of the inherent value the internet offers. How can a walled garden of 100-odd websites provide the same value?”

What does Free Basics mean for PM Modi’s Digital India campaign? Being a walled garden, thousands of start-ups without adequate budgets to pay for such dedicated service will be forced to stay out of it. Similar questions are being raised about government services that are increasingly coming online. The concern is that all government traffic will have to pass through FB servers. The senior government official quoted above agrees, “In such a scenario, the government will have to approach FB to make its websites accessible on the free service which is neither desirable nor safe.”

The other fear is what happens to public data if it goes through a service like Free Basics. There is fear that a lot of government and public data will be put through Free Basics once government services start coming online. If Free Basics is for the poor who are also beneficiaries of government services, FB too can access this data. Says Prabir Purkayastha, chairman, Knowledge Commons, “FB says public service will be available through Free Basics but can public service be given through a private initiative? Public data is valuable and can’t be handed over to a private company.”

Few again are convinced by FB’s claim that Free Basics aims to make the internet accessible to the poor, with the many services offered through it. “The claim that the poor will get access to the internet is false,” warns Sunil Abraham, executive director, Centre for Internet and Society, Bangalore. “Free Basics gives access to less than 100 of the one billion plus websites on the world wide web. Those in the walled garden will be treated quite differently.”

What gives TRAI a shot in the arm is that, for the first time, academia has put its weight behind Free Basics opponents. In a signed statement, several IIT and IISc Bangalore professors have said that Free Basics won’t serve the purpose FB is proposing and is not good for the country. “The problem is the internet being provided (via Free Basics) is a shrunken and sanitised version of the real thing. Free Basics is not a good proposal for the long-term development of a healthy and democratic internet setup in India,” says Amitabha Bagchi, IIT Delhi professor and one of the signatories to the memo.

Of course, many of the experts Outlook spoke to say that the government, and not FB, should be responsible for providing free internet to the people. Says Parminder Jeet Singh, executive director, IT for Change, “The government is sitting on Rs 40,000 crore of USO funds. It can surely utilise that to provide a free basic data package to people in India. Basic government services and emergency services should essentially be free.” Nilekani is also in favour of the government providing free internet to people. “The internet is a powerful poverty alleviation tool.... Government can do a direct benefit transfer for data, a more market-neutral way of achieving the goal of getting everyone on the internet,” he told Outlook.

Legally, though, there may be issues in stopping FB from introducing its Free Basics platform in India. Says Singh, “Technically, the Indian government may not be able to stop FB from introducing Free Basics in India as it is just a platform. What the government has to do is to stop telcos from collaborating with it for free internet because Indian telcos, not FB, mediate access to the internet.”

The demand for the government and TRAI to come clean on net neutrality has reached fever pitch. Experts like Nilekani feel that net neutrality, which does not allow zero rating and differential pricing based on telcos looking at the contents of the subscriber’s data packets, should be enshrined in law through an act of Parliament, the way countries like the US have done. TRAI has also proposed two models where the internet is provided free initially and charged at a later stage and another where content providers and websites reimburse the cost of browsing directly to consumers. Both these proposals have not found favour with experts who say that these are unworkable and only the government should disburse free internet.

In any case, all this is a matter of detail—important, no doubt. The key question is, what happens to Free Basics if TRAI rules in favour of net neutrality and goes against FB? “This is going to be a long-drawn-out battle as FB will certainly challenge this in court,” says the government official. After spending Rs 300 crore on publicity, there is no way it will roll over and die.

For more details visit https://cis-india.org/internet-governance/news/outlook-february-8-2016-arindam-mukherjee-a-megacorps-basic-instinct

A Ludicrous Ban

Achal Prabhala and Lawrence Liang — 2012-06-04T04:22:11Z

Achal Prabhala and Lawrence Liang have written an article for the Open Magazine about the bizarre ways in which the Internet is regulated in 21st century India.

Small acts can have outsize consequences. In 15th century England, Richard III lamented that for want of a nail, a kingdom was lost. In 21st century India, the question is this: for want of copyright protection for a single film, will the whole Internet be lost? On 29 March 2012, the Madras High Court issued an order whose effect Internet users in the country are still reeling from. As we go to press, most Internet users in India are unable to access a number of popular websites that millions of people around the world use every day. These banned websites are not forums for human trafficking or illegal weapon sales, but merely extensions of ordinary human activity like learning, sharing and growing—activities that are particularly well facilitated by the Internet. That the websites have been banned is of great concern; that the order purportedly banning them, and its effect, are both inexplicable and badly understood is of greater concern still.

How did we get here?

These are the facts. Earlier in the year, a little-known Chennai firm called Copyright Labs filed a petition on behalf of RK Productions, seeking protection for their client’s upcoming release—the Tamil film 3—against copyright infringement on the Internet. The film had not opened to audiences yet; the petition sought pre-emptive protection. In response, the Madras High Court passed a ‘John Doe’ order—John Doe being American shorthand for the anonymous everyman—which has a wide, sweeping scope and is designed to protect against potential offences by necessarily nameless persons, or in other words, everyone. The order applied to several Internet Service Providers (ISPs), as well as the aforesaid nameless persons (the John Doe of India is, apparently, ‘Ashok Kumar’), binding them, and their heirs, assignees, representatives and the whole shebang, against infringing copyright in relation to the film on networks they administer.

In apparent compliance with the John Doe order, Indian ISPs reacted with obsequious haste, in singular—and totally arbitrary—fashion. Between them, they have blocked a range of torrent sites (like the Pirate Bay, which is always Target No. 1, regardless of the circumstances), a few video-sharing sites like Vimeo and DailyMotion, and for good measure, some unrelated and completely irrelevant websites such as Xmarks, which allows users to share and sync bookmarks, and Pastebin, a service to store text and code. The weirdest aspect of this countrywide clampdown on a large chunk of the Internet is that the Madras High Court order did not actually specify any websites to block at all. How—and why—the ISPs zeroed in on these particular entities remains a mystery.

The Pirate Bay certainly hosts large amounts of pirated material, but it is also in some part a way to distribute legitimate content legitimately; Vimeo, on the other hand, is the distribution channel of choice for independent films uploaded by the filmmakers themselves; Pastebin has strict policies that are respectful of copyright and is mostly used by free and open source developers to tweak and relay copyright-free software. The sweep of this clampdown by the ISPs defies logic by deeming everything illegal: the wedding video that we cherish and put up to share with our friends, the small, independently financed film we wish to distribute electronically, the piece of free and open source software we just improved upon and would like the world to know about. Luckily for us, any blocking action imposed by local ISPs can be easily subverted by going through a virtual private network—a proxy—and if you’d like to see just how easy and quick this is to execute, please go to http://anonymouse.org. You’re welcome.

But first, the law. There is some confusion as to whether blocking whole websites for copyright infringement is legally permissible, and the answer is mostly no—and partly yes. The procedure for blocking websites in India is governed by Section 69A of the Information Techno- logy Act 2000, as amended in 2008 (the IT Act). Section 69A of the IT Act gives the Central government, or any of its officers specially authorised by it, the power to direct either a government agency or an intermediary to block access to any website under a list of very specific circumstances, namely: a) in the interests of sovereignty and integrity of lndia, b) for the defence of India, c) for the security of the State, d) for friendly relations with foreign States, e) for public order, or f) for preventing incitement to the commission of any cognisable offence relating to the previous points. Failure to comply with a blocking order thus issued is punishable by imprisonment and fines.

Importantly, however, neither copyright infringement nor obscenity (the other popular trigger for censorious actions) is listed as grounds for which a website may be blocked. Sure, the IT Act has specific provisions that lay out the consequences of transmitting obscene material and the infringement of copyright, but being blocked is not one of them. On the basis of its powers under Section 69A(2), the government has laid out procedures for blocking websites and notified the Information Technology Rules, 2009 (with the ‘Procedure and Safeguards for Blocking for Access of Information by Public’), as well as designated nodal officers who can receive these complaints under the Act.

Section 6 of these IT Rules lays out a clear procedure for initiating and implementing a block. The procedure not only involves a thorough examination of the claims, but also reiterates the grounds under which a request for a block might be permissible, namely, the conditions laid out in the IT Act. Section 7 of the same IT Rules lays out the procedure for examination of the request and places it in the hands of a committee; the procedure involves the participation of several high-ranking officials and outlines detailed steps, such as contacting the potentially offending parties and giving them time to respond or take action as appropriate, only after which blocking may be deployed if still necessary.

The law is clear that copyright infringement cannot be legitimate grounds for the blocking of a website. Section 79 of the IT Act, in fact, explicitly provides safe harbour for ISPs, though the controversial Intermediary Due Diligence Rules, 2011, have made a mockery of this section. These Intermediary Rules are currently the subject of heated debate, with many civil society organisations and even some parliamentarians calling for them to be repealed. (You can learn more about the protests at www.it2011.in).

As things stand, a copyright holder can ask for the removal of infringing content by sending a take-down notice under the provisions of the Intermediary Due Diligence Rules, however flawed they are, or by asking for a John Doe order. A take-down notice is a complaint by the copyright holder to a website, indicating the specific uniform resource locator (URL) where the infringement is allegedly happening. It is a procedure further reinforced in the 2012 amendment to the Indian Copyright Act, which reiterates the rights of intermediaries, such as ISPs, to transmit any potentially infringing content until a take-down notice is sent and examined. A John Doe order, by its wide, sweeping nature, is normally exercised with the greatest caution, and only granted in the most exceptional circumstances. John Doe orders do not provide for public examination and discussion of claims; they do not allow any other side—other than the petitioning party—to state their case; and they can be badly misunderstood by the parties involved, as vividly demonstrated in this case.

In this case, both the petition and the order are questionable in several ways. The Tamil film 3—starring Dhanush and Shruti Haasan and directed by Rajini- kanth’s daughter Aishwarya—is not exceptional. It is one of the hundreds of Tamil films made this year, following on from the thousands of Tamil films made thus far. There is no particular reason why this film alone is worthy of a John Doe order. Ironically, it is exceptional only in that until Copyright Labs’ petition, the film served as a working demonstration of the benefits of a free and open Internet: the reason we knew of the film was the massive publicity generated by the viral hit ‘Kolaveri Di’—a song whose popularity spiralled by being shared freely and widely, regardless of copyright ownership. In the case of ‘Kolaveri Di,’ the producers saw the piracy of the song as publicity, and encouraged it. Then, it would seem, they decided that any piracy of the film was, well, piracy—and decided to stop it in the most insensible and ruthless manner possible. And there you have it: not only can you now have your cake and eat it too, you can also smash it in the faces of millions of users with impunity.

Copyright Labs, the previously unknown firm in Chennai that acted for the producers of 3 appears to be run by one Harish Ram, whose Twitter feed covers the catastrophe in revealing detail. Facing the wrath of fellow tweeters who were outraged at their inability to access their favourite websites, his collected responses on the handle @harishramlh instructively outline the disastrous way by which the court order he wanted has been implemented. Harish claims that his firm was forced to take action because infringing sites “don’t respond”. His cry for help would be plausible except for one inconvenient detail: the film 3 released on 30 March 2012, and the John Doe order was obtained on 29 March 2012—a day before the film’s release. What kind of piracy could Copyright Labs have been trying to battle unsuccessfully prior to the film’s release? There are instances of pre-screening prints of a film making it to torrent sites, though these are rare. Most often, the piracy of a film only happens after its public release. At the time of Copyright Labs’ petition, it is likely that very few or no take-down notices had been served because very few or no infringing acts had been committed yet: this is the very basis of the petition and ensuing order. (A quick search on Pirate Bay confirms that the only torrents related to the film are dated after its release, and not before). A little while later, perhaps upon discovering that he too cannot watch his best friend’s wedding video on Vimeo, Harish casually tweets that he has “written to unblock the whole site and block only specific piracy links” and presto, Vimeo is unblocked.

Regulators, take note. This is how the Internet is governed in 21st century India: by the fluctuating whims of an excited young man in Chennai in possession of a court order he neither deserves nor understands.

Thanks to the fact that our governments and corporations are constantly fantasising about how to censor our Internet (and frequently succeeding), the people who bring us the Internet, the hapless ISPs, have been beaten into submission; they now jump to the mildest murmur of reproach with wildly imaginative and unduly overreaching reactions. The last thing we need in an online environment full of dirty tricks is more dirty tricks. If anyone in power has any desire to keep the Internet working for the millions of Indians who prosper by it, safe harbour for ISPs must be restored in the IT Act—and the Intermediary Due Diligence Rules must be repealed.

Our courts cannot be used as quack-houses to buy pills for imaginary problems. The copyright industry is not a sick patient; it’s just a hypochondriac. Films don’t fail because of piracy; they fail because they’re not worth watching. The most popular films in this country are also the most pirated, and yet they remain money-spinners. The real problem is the unbending inability of this industry to adjust to the world; to the Internet; to the life-changing technologies that human beings have witnessed and embraced and prospered by over the past two decades. Instead of responding to these changes creatively, film producers and music distributors think that digging in their heels and acting like petulant children is going to delude consumers into seeing them as something grander than they are. The reality is that they are simply packers of culture and knowledge who aren’t even wrapping up their products competently. For now, though, these children have been given a nuclear bomb to play with, and they just used it to kill a cockroach. Beware the radiation.

Lawrence Liang is a lawyer and researcher at the Alternative Law Forum; Achal Prabhala is a writer and researcher in Bangalore

Click to read the original published in the Open Magazine on June 2, 2012

For more details visit https://cis-india.org/a2k/a-ludicrous-ban

A letter to CGIAR in support of Open Access

subbiah — 2023-11-01T12:43:34Z

Professor Subbiah Arunachalam wrote a letter to CGIAR apprising them of the need for, and advantages of making their research output Open Access.

Last week Indian Open Access (OA) advocate Professor Subbiah Arunachalam (Arun) organised a letter to the top management of CGIAR — the Consultative Group on International Agricultural Research. The letter spoke of the need for, and advantages of, making all of CGIAR's research output Open Access.

In doing so, it pointed out that one of CGIAR's research centres — the International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) in India — has already introduced an OA mandate, and this has proved hugely successful.

Since the mandate was introduced, the letter says, OA has grown fast, "and the portal now has virtually all the research papers published in recent times, and all the books and learning material produced by ICRISAT researchers."

Yet, the letter adds, today ICRISAT is the only international agricultural research centre with an OA mandate. [After the letter was sent, the signatories discovered that The International Centre for Tropical Agriculture (CIAT) also has an open access mandate in place.]

Since the ICRISAT mandate has proved very successful, the letter suggests, now would be a good time for other research centres to follow suit. As the letter puts it, "We believe that it would be great if other CGIAR laboratories could also mandate open access to their research publications. Indeed, it would be a good idea to have a system wide Open Access mandate for CGIAR and to have interoperable OA repositories in each CGIAR laboratory."

The letter adds: "Such a development would provide a high level of visibility for the work of CGIAR and greatly advance agricultural research. Besides, journals published by CGIAR labs could also be made OA."

CGIAR, we should note, was initially an initiative of the Rockefeller Foundation, and is focused on reducing poverty and hunger, and improving human health and nutrition, as well as enhancing ecosystem resilience through high-quality international agricultural research, partnership and leadership.

Following the Rockefeller initiative it was proposed in 1970 to create a worldwide network of agricultural research centres under a permanent secretariat, and today CGIAR has 64 governmental and nongovernmental members and 15 research centres around the world.

Along with Arun, fifteen other OA advocates signed the letter (including me).

So why target CGIAR? I emailed Arun and asked him to explain the background.

RP: Why did you decide to write a letter to CGIAR?

SA: What one does largely comes from one's own experience. After a long career in scholarly communication — as editor of scientific journals and secretary of a scholarly Academy in India — I spent 12 years as a volunteer with an NGO headed by Professor M S Swaminathan and was engaged in a rural development project focused on poverty alleviation. The letter to the CGIAR top management was a direct result of these two experiences.

RP: Essentially this is a developing world issue isn't it?

SA: Of course. Agriculture is the poor cousin among different areas of research; just the same way the Third World countries are the poor cousins of the advanced countries.

Most people in poor countries depend on agriculture for a living. How can they improve their lives if agricultural knowledge and innovations are privatised or, even if they are not privatised, made so expensive that they cannot afford to access them?

If we want to address the problem of rampant poverty in the developing countries, it is important to make agricultural knowledge flow freely and be easily available to people in the developing world.

RP: The point here is that the traditional method of publishing research in subscription journals means that that research remains inaccessible to most researchers in the developing world, since most research institutions there cannot afford to pay the very costly subscriptions imposed by scholarly publishers?

SA: Correct. The CGIAR laboratories were conceived, largely by the Rockefeller Foundation, with the clear purpose of helping the developing countries, and later on funded by the World Bank, FAO, and UNDP.

Unlike development aid where funds from the rich countries are transferred to poor countries, the CGIAR was set up to transfer knowledge to the poor countries as well as help them be part of knowledge production. The difference is clear: If you want to help someone who is hungry better to teach him fishing rather than give him a fish.

Unfortunately, research findings of CGIAR laboratories often end up as articles in refereed professional journals, most of which are behind toll access. I thought it needed to be corrected.

RP: OA has been a cause for you for some years now hasn't it?

SA: I have been talking about and promoting open access for nearly a decade and indeed it has become a passion. Some of my friends, eminent academics and researchers, refer to me jokingly as "Mr Open Access of India." I found in my friend and former colleague Dr Venkataraman Balaji someone who can actually implement it in ICRISAT, the CGIAR laboratory located in India.

We worked together in holding a half-day symposium on Open Access as part of the annual meeting of the Indian Science Congress Association held at Hyderabad (close to where ICRISAT is located). And we invited Alma Swan from the UK and Professor Pushpa Bhargava, one of India's leading life scientists and humanists, to the symposium. As I did not have any funding support, Balaji hosted all the speakers as guests of ICRISAT.

Then about two years ago Dr Balaji convinced his Director General and the senior management of ICRISAT about the need to adopt OA for all research publications of ICRISAT.

RP: So your letter is the next step in an extended process of OA advocacy?

SA: It is. Long before ICRISAT decided to adopt OA I had met Enrica Poracari of CGIAR at a Global Knowledge Partnership meeting in Kuala Lumpur or Bangkok and I had broached the topic of OA and her response was positive. I have been in touch with her ever since then.

I am also associated with IAALD, a worldwide group of agricultural information professionals, and I talked to them about the need for adopting OA. Peter Ballantyne, an old friend of mine from his days at IICD, in The Hague, was the President of IAALD and a few months ago he joined one of the CGIAR laboratories.

I have been sending advocacy letters to all three of them (Balaji, Porcari and Ballantyne) and I got a sense that CGIAR information professionals and knowledge managers were now moving towards OA. So I thought it would help them if some of us activists in the Open Access movement wrote to the top management of CGIAR.

So I decided to draft a letter. I thought if the letter was signed by some of the leaders of the OA movement, it would have a much greater chance of achieving its purpose. I sent it out to about 20 champions of OA and 15 of them readily agreed to be signatories. As I did it in a short time, I might have missed some real champions of OA. My apologies to them.
RP: Why target CGIAR?

SA: Actually I have been writing such letters to many organisations, although mostly Indian organisations and a few international organisations such as ICTP, Trieste.

In India I have written frequently to organisations like the office of the Principal Scientific Advisor to the Government, the Department of Science and Technology, the Council of Scientific and Industrial Research, the Indian Council of Medical research, and the Indian Council of Agricultural Research — with varying levels of success.

But I wrote to CGIAR above all because agriculture is vital for the poor countries of the world. Besides, CGIAR is an umbrella organisation that covers 15 laboratories dealing with virtually all aspects of agriculture. Unlike the physics OA repository arXiv, and the biomedical research archive PubMed Central there is no central repository for agricultural research. And most importantly, one of the CGIAR laboratories has already adopted full Open Access. At the same time many others in the system do not know about it even a year after it began operation.

RP: What would you like people to do in response to the letter?

SA: If by 'people' you mean people belonging to CGIAR, I would like them to implement full OA in each one of their laboratories. I would like agricultural research organisations such as the US Department of Agriculture and major agricultural universities of the world to adopt OA.

I am happy to inform you, after Dr S Ayyappan took over as Director General of the Indian Council of Agricultural Research a few months ago, ICAR is moving fast towards OA. He made their two refereed journals OA and he has assigned a full-time Assistant Director General to implement many OA-related initiatives.

RP: What about other researchers, OA advocates and anyone else who is interested in helping to ensure the free flow of research information in the developing world. What would you propose they do?

SA: Any movement of this kind is like a temple car in India. The more people come forward to pull, the faster the car will move, and the faster it will reach its destination.

All those interested may also write to the Board of CGIAR and the Directors General of CGIAR laboratories recommending the adoption of an OA mandate.

They can also talk to individual researchers and persuade them to make their own research openly accessible.

I understand that knowledge managers in CGIAR laboratories are not averse to the idea of Open Access. If they know that many of us outside the system are also keen that they adopt OA, it will help them move to forward quickly.

Read the original in Open and Shut

For more details visit https://cis-india.org/news/letter-to-CGIAR

A Guide to the Proposed India-European Union FTA

glover — 2011-08-22T13:22:50Z

For more details visit https://cis-india.org/a2k/publications/CIS%20Open%20Data%20Case%20Studies%20Proposal.pdf

A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement

glover — 2011-08-30T13:06:03Z

The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers.

In its ongoing negotiation for a FTA with the EU, a process that began in 2007 and is expected to end sometime this year, India has won several signicant IP-related concessions. But there remain several IP issues critical to the maintenance of its developing economy, including its robust entrepreneurial environment, that India should contest further before ratifying the treaty. This guide covers the FTA's IP provisions that are within the scope of CIS' policy agenda and on which India has negotiated favorable language, as well as those provisions that it should re-negotiate or oppose.

Download the guide here, and please feel free to comment below.

You may also download a chart comparing the language proposed by India and the EU respectively with that included in the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Following is a summary of CIS' findings:

India has become a de facto leader of developing countries at the WTO, and an India-EU FTA seems likely to provide a model for FTAs between developed and developing states well into the future.
The EU has proposed articles on reproduction, communication, and broadcasting rights which could seriously undermine India's authority to regulate the use of works under copyright as currently provided for in the Berne Convention, as well as narrowing exceptions and limitations to rights under copyright.
The EU asserts that copyright includes "copyright in computer programs and in databases," without indicating whether such copyright exceeds that provided for in the Berne Convention. Moreover, by asserting that copyright "includes copyright in computer programs and in databases," the EU has left open the door for the extension of copyright to non-original databases.
India should explicitly obligate the EU to promote and encourage technology transfer -- an obligation compatible with and derived from TRIPS -- as well as propose a clear definition of technology transfer.
The EU has demanded India's accession to the WIPO Internet Treaties, the merits of which are currently under debate as India moves towards amending its Copyright Act, as well as several other international treaties that India either does not explicitly enforce or to which it is not a contracting party.
In general, the EU's provisions would extend terms of protection for material under copyright, within certain constraints, further endangering India's consumer-friendly copyright regime.
An agreement to establish arrangements between national organizations charged with collecting and distributing royalty payments may obligate such organizations in India collect royalty payments for EU rights holders on the same basis as they do for Indian rights holders, and vice versa in the EU, but more heavily burden India.
The EU has proposed a series of radical provisions on the enforcement of IPRs that are tailored almost exclusively to serve the interests of rights holders, at the expense of providing safety mechanisms for those accused of infringing or enabling infringers.
The EU has proposed, under cover of protecting intermediate service providers from liability for infringement by their users, to increase and/or place the burden on such providers of policing user activity.

For more details visit https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement