Centre for Internet and Society

The Fifth Elephant in Bangalore

praskrishna — 2014-07-16T11:02:15Z

HasGeek is organizing the Fifth Elephant in Bangalore at NIMHANS Convention Centre on July 25 and 26, 2014. The Centre for Internet and Society is a community outreach partner with HasGeek.

Facebook has 100 million users in India. You know who has a billion?

The Indian Census.

Varsha Joshi, Director of the National Population Register, was present at The Fifth Elephant 2013 to explain on how the census team collects and processes such a vast amount of data.

Each year, The Fifth Elephant conference brings consumers and producers of technology to understand how data is processed (via available technologies), insights mined from datasets in different domains, and opportunities that data presents for economy and society. The key differentiator of The Fifth Elephant conference is that the content is crowdsourced and carefully curated by a panel of experts.

HasGeek, organizer of The Fifth Elephant, also shares a strong commitment to open access, open knowledge and open data. We ensure that every edition of The Fifth Elephant has representatives from the government –– either officials themselves or technology teams working on important data projects –– addressing citizens’ concerns around privacy and protection of data.

In 2012, we had Pramod Varma and Regunath B. speaking about the Aadhar project alongside Lucy Chambers’ presentation on the OKF’s work with data journalism, Nikhil Pahwa’s on RTI and Sumandro’s on NSSO data.

In 2013, Varsha Joshi talked to participants about the challenges that the census faces in collating data.
This year, we have invited Mr. Ram Sewak Sharma, secretary of Department of Electronics and Information Technology (DEITY), to talk about the state of government data and how citizens can participate in strengthening government’s efforts.

Why should you attend The Fifth Elephant?
The Fifth Elephant is a relevant event for data geeks and enthusiasts, NGOs, journalists and members of advocacy groups not just from the immediate standpoint of open data. This year’s edition also brings talks from finance and healthcare where speakers will talk about the challenges of working with complex financial datasets, data security and privacy concerns in the field of genomics, and related concerns. S. Anand will speak about what it took – in terms of technology infrastructure and data visualization – to do real-time visualizations for the recently concluded Indian elections. Participants will also get a flavour of frameworks – Lambda, Julia,OSM – and how these are used for building tools and platforms for mining data.

We welcome you to participate in the discussions and enrich interactions at the conference.

Schedule: https://fifthelephant.in/2014/conference
Registrations: http://fifthelephant.doattend.com
For more information, write to support@hasgeek.com

For more details visit https://cis-india.org/news/the-fifth-elephant

The Draft Electronic Delivery of Services Bill, 2011 – Comments by CIS

praskrishna — 2011-08-02T07:37:37Z

The Draft Electronic Delivery of Services Bill, 2011 (“Bill”) is a Bill to provide for delivery of government services manadatorily through electronic means by phasing out manual delivery of services. It is heartening to note that the Bill shifts the approach to electronic delivery of services by Government agencies to one as part of the citizens' right to service delivery through electronic means rather than a luxury or benefit doled out by the Government. The Bill introduces bodies exclusively accountable for ensuring that electronic delivery of services by the Government at the state and central levels. While this is a welcome move on the part of the Government there are a few comments we, at the Centre for Internet and Society, have on the present version of the Bill:

Accessibility
The Bill does not make it mandatory for all Government services to be accessible to all including persons with disabilities. The Bill refers to the term “access”, as defined in Section 2(1)(a) from the prespective of merely gaining physical access to the services or availability of such services1 rather than from the perspective of catering to the ability of a person with print (or other) disbilities from gaining access to the services in the normal format. It is very important that the electronic services are delivered in a format which is accessible to all persons including persons with disbilities, elderly persons etc. It should be mandatory for the Government to comply with Web Content Accessibility Guidelines (WCAG) and National Informatics Centre (NIC) guidelines for web accessibility. It is also important to ensure accessibility of all documents produced during service delivery by Government agencies.
Linguistic Accessibility
Section 5(2)(b) of the Bill requires the Government to prescribe a framework for all its agencies to ensure web presence or enablement which refers to rendering electronic services in the language chosen by the user. In pursuance of the same, it is important for delivery of services to be available in all national languages of India to begin with in addition to the content being encoded in Unicode font for all languages. It is important to note that there are not many open fonts available for Indian languages. Hence, it must be ensured that the Government allocates sufficient funds to ensure linguistic accessbility of the services delivered, while ensuring implementation of the provisions of the Bill.
Public Scrutiny
In order to ensure transparency of Government services and process of service delivery, it is essential that the Bill incorporates a provision to enable citizens to gain access to information provided by the Government as part of the service delivery process unless disclosing such information would amount to violation of any applicable law. Similarly, provision should be made for making public all RTI applications filed with the Government and responses to them.
Use of Free and Open Source Software
Considering that electronic service delivery by Government agencies is effected through public money, it is important that Governments are urged to use Free and Open Source Software (FOSS) for service delivery. This cuts costs to a great extent and also make the process more transparent and capable of customisation to varied needs of different departments. It is important to insert a provision requiring the Government to use FOSS as far as possible and in the event of any use of proprietary software, the Government should clearly explain the reason for such use, the costs incurred for the same, the additional benefit derived out of its use and other relevant details.
Open Standards
The Bill must stress on use of open standards for all computer resources and service delivery systems by Government agencies. As is the case with FOSS, such use brings down operation costs drastically and makes the service delivery process transparent and available for all to use. Use of ODF formats for documents, HTML for websites, ISA standards for hardware is recommended. It is also useful to ensure compliance with W3C guidelines by the concerned Government departments during implementation of the Bill.
Whistleblower Exception
The Bill does not contain any safeguards to ensure free and fearless disclosure of any wilful violation of the law impacting larger public interest. It is important to include a provision protecting any person exposing any violation of the provisions of the Bill or blowing the cover off any scam or farudulent activity decieving the public committed by service providers under the Bill. Such protection can be given by ensuring that the actions of such whistleblower, to the extent required for the exposure, does not constitute an offence under the provisions of the Bill.
Penalties for Offences
- Chapter 4 of the Bill gives a detailed list of acts constituting an offence under the Act including Section 15 which specifically relates to offences by companies. It is critical to ensure that the punishment and penalities for offences extend not only to citizens and companies but also to Government officials who misuse information they are privy to under the provisions of the Bill. In fact, a separate provision specifically applicable to the various offences which could be committed by Government officials under the Bill can reduce misuse of its provisions by the Government.
- It is to be noted that several provisions listed under Chapter 4 of the Bill covering offences and penalties are a reproduction of the provisions for the same under the Information Technology Act, 2000 (“IT Act”). Such reprodution is unnecessary and acts which are already deemed to be offences and have punishments prescribed for them under the IT Act (or any other legislation for the time being in force in India) need not be covered again in the Bill. This will avoid duplication and confusion in the legislations.
- Section 19(1) of the Bill provides that no alleged offence under the Bill can be tried in a court of law unless the Central Electronic Delivery of Services Commissioner (“Central Commissioner”) or the State Electronic Delivery of Services Commissioner (“State Commissioner”) authorises the same by issuing a complaint in this regard to the relevant court. This provision directly conflicts with a citizen's constitutional right to seek legal redress since it takes away his freedom to approach a court of law for redressal of his grievance without the permission of the Commissioners. It is recommended that the provision be either deleted or suitably modify so that it is not in violation of this constitutional right.
Bottoms up Approach
A decentralised approach should be adopted along the lines of the Panchayati Raj system giving the citizen a greater say in the framework and implementation of service delivery by Government agencies. Implementation can be at the Panchayat and District levels apart from State levels. Citizens must be able to access and update their information. Furthermore, they should be able to define to a certain extent, access control to their information. This will automatically make them eligible or ineligible for various government services.
Charges for service delivery
Section 4 of the Bill authorises the Government to allow service providers to collect charges for electronic service delivery while Section 3(2) provides for the Government to regulate the manner and method of payment of such charges. It is critical to ensure that such charges levied under the provisions of the Bill do not exceed the charges levied by the Government agency for manual delivery of services. Charges for manual service delivery may include charges for photocopy, printing, paper, postage etc., all of which are totally eliminated during service delivery through electronic means. Thus, levying the same charges, let alone greater charges for electronic service delivery is totally unnecessary and places an additional burden on the citizen ultimately defeating the very purpose of the Bill.
Security in payment of charges
Section 3(2) of the Bill provides for the Government to regulate the manner and method of payment of charges for delivery of services.It is important that each transaction that takes place is done securely and without the exposure of an individuals confidential details. There are many ways to structure the transaction of payment of fees to achieve this goal. We reccommend that the SCOSTA smart card structure is used for completing and processing a transaction.
Data Security and Privacy
Section 5(1)(e) of the Bill requires the Government to ensure integrity, security and confidentiality of data collected, preserved and retained. We recommend that in addition to this, the Government also ensures integrity, security and confidentiality of data or information that is transferred, accessed or deleted. We also recommend that the Bill requires the Government to prescribe a framework under Section 5(2) for agency privacy policies to ensure that they are interoperable and consistent between different departments of the Government.
Functions of the Central Commissioner
Section 8 of the Bill grants the Central Commissioner the power to perform any or all of the functions listed in the provision including Section 8(f) which refers to the power of the State Commissioner in conducting the work of the State Government agencies. A Central Government authority may not have a say in all matters under the purview of the State Governments. This aspect has been left out for consideration while drafting this provision and hence it needs to be relooked at.
Cut-off Date for Implementation
While the Bill mandates a cut off period of 180 days for the Government to finalise on the scope, framework and manner of service delivery under its provisions, it states that the Government “may” prescribe a framework for implementation of the provisions. It is recommended, for the purpose of ensuring speedy implementation of the provisions, that the term “may” in Section 5(2) be replaced by “shall”.
Transparency of Government Agencies
Transparency and accountability of the Government towards the citizen is as important as the transparency of the citizen towards the Government. Therefore, the provisions of the Bill must ensure that the Government activities are transparent to the citizens by making available to the citizens, details of the responsible officials under the Bill, manner of service delivery and other relevant information in this regard.

For more details visit https://cis-india.org/internet-governance/blog/draft-electronic-delivery-services

The DNA Bill has a sequence of problems that need to be resolved

Shweta Mohandas and Elonnai Hickok — 2019-01-15T02:36:11Z

In its current form, it’s far from comprehensive and fails to adequately address privacy and security concerns.

The opinion piece was published by Newslaundry on January 14, 2019.

On January 9, Science and Technology Minister Harsh Vardhan introduced the DNA Technology (Use and Application) Regulation Bill, 2018, amidst opposition and questions about the Bill’s potential threat to privacy and the lack of security measures. The Bill aims to provide for the regulation of the use and application of DNA technology for certain criminal and civil purposes, such as identifying offenders, suspects, victims, undertrials, missing persons and unknown deceased persons. The Schedule of the Bill also lists civil matters where DNA profiling can be used. These include parental disputes, issues relating to immigration and emigration, and establishment of individual identity. The Bill does not cover the commercial or private use of DNA samples, such as private companies providing DNA testing services for conducting genetic tests or for verifying paternity.

The Bill has seen several iterations and revisions from when it was first introduced in 2007. However, after repeated expert consultations, the Bill even at its current stage is far from a comprehensive legislation. Experts have articulated concerns that the version of the Bill that was presented post the Puttaswamy judgement still fails to make provisions that fully uphold the privacy and dignity of the individual. The hurry to pass the Bill by pushing for it by extending the winter session and before the Personal Data Protection Bill is brought before Parliament is also worrying. The Bill was passed in the Lok Sabha with only one amendment: which changed the year of the Bill from 2018 to 2019.

Need for a better-drafted legislation

Although the Schedule of the Bill includes certain civil matters under its purview, some important provisions are silent on the procedure that is to be followed for these civil matters. For example, the Bill necessitates the consent of the individual for DNA profiling in criminal investigation and for identifying missing persons. However, the Bill is silent on the requirement for consent in all civil matters that have been brought under the scope of the Bill.

The omission of civil matters in the provisions of the Bill that are crucial for privacy is just one of the ways the Bill fails to ensure privacy safeguards. The civil matters listed in the Bill are highly sensitive (such as paternity/maternity, use of assisted reproductive technology, organ transplants, etc.) and can have a far-reaching impact on a number of sections of society. For example, the civil matters listed in the Bill affect women not just in the case of paternity disputes but in a number of matters concerning women including the Domestic Violence Act and the Prenatal Diagnostic Techniques Act. Other matters such as pedigree, immigration and emigration can disproportionately impact vulnerable groups and communities, raising raises concerns of discrimination and abuse.

Privacy and security concerns

Although the Bill makes provisions for written consent for the collection of bodily substances and intimate bodily substances, the Bill allows non-consensual collection for offences punishable by death or imprisonment for a term exceeding seven years. Another issue with respect to collection with consent is the absence of safeguards to ensure that consent is given freely, especially when under police custody. This issue was also highlighted by MP NK Premachandran when he emphasised that the Bill be sent to a Parliamentary Standing Committee.

Apart from the collection, the Bill fails to ensure the privacy and security of the samples. One such example of this failure is Section 35(b), which allows access to the information contained in the DNA Data Banks for the purpose of training. The use of these highly sensitive data—that carry the risk of contamination—for training poses risks to the privacy of the people who have deposited their DNA both with and without consent.

An earlier version of the Bill included a provision for the creation of a population statistics databank. Though this has been removed now, there is no guarantee that this provision will not make its way through regulation. This is a cause for concern as the Bill also covers certain civil cases including those relating to immigration and emigration.

Conclusion

In July 2018, the Justice Sri Krishna Committee released the draft Personal Data Protection Bill. The Bill was open for public consultation and is now likely to be introduced in Parliament in June. The PDP Bill, while defining “sensitive personal data”, provides an exhaustive list of data that can be considered sensitive, including biometric data, genetic data and health data. Under the Bill, sensitive personal data has heightened parameters for collection and processing, including clear, informed, and specific consent. Ideally, the DNA Bill should be passed after ensuring that it is in line with the PDP Bill.

The DNA Bill, once it becomes a law, will allow for law enforcement authorities to collect sensitive DNA data and database the same for forensic purposes without a number of key safeguards in place with respect to security and the rights of individuals. In 2016 alone, 29,75,711 crimes under various provisions the Indian Penal Code were reported. One can only guess the sheer number of DNA profiles and related information that will be collected from both criminal and specified civil cases. The Bill needs to be revised to reduce all ambiguity with respect to the civil cases, and also to ensure that it is in line with the data protection regime in India. A comprehensive privacy legislation should be enacted prior to the passing of this Bill.

There are still studies and cases that show that DNA testing can be fallible. The Indian government needs to ensure that there is proper sensitisation and training on the collection, storage and use of DNA profiles as well as the recognition and awareness of the fact that the DNA tests are not infallible amongst key stakeholders, including law enforcement and the judiciary.

For more details visit https://cis-india.org/internet-governance/blog/newslaundry-elonnai-hickok-and-shweta-mohandas-january-14-2019-dna-bill-has-a-sequence-of-problems-that-need-to-be-resolved

The Digital Protection of Traditional Knowledge: Questions Raised by the Traditional Knowledge Digital Library in India

Sunil Abraham and Vidushi Marda — 2016-12-09T15:50:36Z

This is an edited version of part three of a study that considers the International Covenant on Economic, Social and Cultural Rights (ICESCR) through aspects of intellectual property in India, namely, mobile patents, free and open source software, and India's Traditional Knowledge Digital Library. Through these, it demonstrates the potential of the internet in realising ESCRs.

The original report published by GISWatch can be read here. Aditya Singh Chawla, Parvathy Nair, Raji Gururaj and Balaji Subramaniam provided research assistance for this paper during their internships with the Centre for Internet and Society. Click to download the PDF

Introduction

The first problem one encounters in studying traditional knowledge (TK) is the extent and meaning of the term itself. No globally accepted definition of TK exists,^[1] and therefore no clear delineation of its scope. The definition adopted by the World Intellectual Property Organization (WIPO) is that TK is “knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.”⁴ While TK embraces traditional cultural expressions within its ambit, and includes distinctive signs and symbols associated with traditional knowledge,^[2] the scope of this report does not extend to traditional cultural expressions as they necessarily would fall under the purview of copyright law.

Before we frame TK in terms of economic, social and cultural rights (ESCRs), let us understand the phenomenom of biopiracy in a bit more detail using two examples, one connected to the right to food, and the other connected to health. Biopiracy is the use of intellectual property (IP) systems to legitimise control over biological products and processes that were previously used for centuries in non- industrialised cultures.^[3] The case of neem-related patents, through which bio-prospectors attempted to appropriate the royalty arising from a plant whose medicinal value was already in the public domain, is well documented.^[4] Another case worth noting is that of the “Enola bean”, in which Larry Proctor, a United States (US) citizen, purchased a package of Mexican beans of various colours, separated out the yellow ones, and spent three years selectively breeding the plants. He then named his line “Enola” and obtained patent protection for the bean, its plant, its pollen, and the method of producing it.^[5]^[6]

This case is far more worrying than the neem case for two reasons.^[7] First, it was a case that had an immediate and tangible impact on the producers of the commodity in that yellow Mexican beans were exported into the United States before the patent was granted, and the assertion of the patent led to significant reductions in bean exports, representing a quantifiable economic loss for bean farmers.^[8] Second, the patent was allowed to stand for almost a decade, amounting to half the life of a legitimate patent.^[9] This represents an incredibly unjust outcome – an invention (“specifically selected yellow beans”) arising from traditional knowledge in the public domain (since Mexican farmers had been cultivating and exporting these beans) being monopolised by a private entity illegally for almost a decade.

The differences between TK and other forms of IP are the following:

With other forms of IP, property rights are afforded to the innovator or creator, whereas communities own TK.
Other forms of IP are designed as incentive mechanisms for the creation of new property; however, there is no such incentive to create new property with TK.
IP is also time-bound, whereas TK is held in perpetuity from generation to generation.
The invention under IP must also satisfy the requirement for novelty and industrial application, whereas TK does not have these requirements.

Although patent law is not tailored to protect TK, it has been used to prevent misappropriation of TK.

The Traditional Knowledge Digital Library

At the turn of the millennium, an expert group found that roughly 2,000 patents linked to India’s TK in medicine were being granted annually around the world.^[10] This expert group proposed the establishment of the Traditional Knowledge Digital Library (TKDL)¹³in order to reduce biopiracy. The TKDL was envisaged as “a home-grown effort to ensure patent offices around the world do not grant patents for applications founded on India’s wealth of TK that has existed for millennia.”¹⁴ In 2001 India launched the initiative, which digitised its wide repository of TK, with the hope of enabling the protection of this knowledge and preventing its misuse.

The TKDL is a digital knowledge repository of Indian traditional knowledge about medicinal plants and formulations, and practices used in Indian systems of medicine. Its knowledge base is primarily derived from Ayurveda, Unani, Siddha and Yoga. These areas are being documented by collating the information on TK from literature existing in local languages such as Sanskrit, Urdu, Arabic, Persian and Tamil in digitised format. These have been made available in five international languages: English, German, Spanish, French and Japanese. While it is clear that the first three systems of medicine (i.e. Ayurveda, Unani and Siddha) are systems that have a corresponding system of traditional medicines, the framing of Yoga as a system of medicine is unclear as there is no medicine administered to the patient. Increasingly, however, medical procedures are being patented, and the Indian government in August 2015 shortlisted 1,500 yoga asanas to be included in the TKDL to prevent foreign parties from patenting them.^[11] This was in response to several yoga-related patents being applied for^[12] and granted^[13] around the world, notably in the United States.

The TKDL’s appeal lies in the manner in which it approaches attempts to patent TK (the “state of the art”) – it serves to pre-empt the granting of a patent, rather than to contest a patent’s validity after it has been granted. This, it is claimed, reduces the time taken to contest claims from a matter of years to a few weeks.^[14]

Defining the right

The protection of TK can be primarily placed within Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). In order to understand the relationship between TK and Article 15, we must first appreciate that TK is also scientific knowledge. There are two ways in which the right of the TK community can be mapped onto Article 15. First, the Article recognises “the right to take part in cultural life”, and second, “to enjoy the benefits from scientific progress and its applications”. This ensures that communities have the right to continue to operationalise and use TK. Further, Article 15 includes the right “to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production”. However, while this is a universal right, in practice it will only happen when national law recognises the property rights of the community, facilitates protection of these rights, takes legal action against infringements, and provides mechanisms for the collection and distribution of royalties. What might not strike the reader as obvious is that the benefits of protecting the moral and material interests in the world of TK accrue to the community, while in other forms of IP the rights holder is either an individual or corporation.

Article 11 of the ICESCR is also relevant to TK. It recognises the right of everyone to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions. Article 11 (2) (a) mandates that states parties to the Covenant take measures to “improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources.”^[15] TK is connected to food in multiple ways, such as ecosystem and landscape management, water management, soil conservation, biological control of pests and diseases, ecological agriculture and livestock practices, and plant and animal breeding – and most importantly, with regard to the latter, breeding and preserving varieties of plant and animal species. Suman Sahai, founder of the Gene Campaign,^[16] helps us understand the connection between food security and traditional knowledge. She argues that farmers are a community of women and men who have not only created several thousand breeds of food and cash crops, but also “identified valuable genes and traits in these crops and maintained them over generations through a highly sophisticated system of crossing and selection.”^[17]

There exist a host of international and national norms, both of a general and a specific nature, enunciating the right of indigenous communities to their traditional knowledge. One specific example is the World Health Organization’s approach to Traditional and Complementary Medicine (T&CM). In this, it urges states to “prevent the misappropriation of T&CM by implementing the relevant international instruments in line with the WHO global strategy and plan of action on public health, innovation and intellectual property, adopting or amending national intellectual property legislation, and enacting other defensive protection strategies.”^[18]

India has signed the Convention on Biological

Diversity (CBD), a treaty with 194 parties in total.^[19] The CBD provides for the respect, preservation and maintenance of “knowledge, innovation and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity”, and also for encouraging the wider application of such practices while ensuring that the benefits arising from such utilisation are shared equit ably with the communities in question.^[20] Having signed this convention, India has the duty to protect this knowledge without appropriating it, and the TKDL is a means to protect this right.

Such provisions have been included in India’s Biological Diversity Act,^[21] which was enacted in pursuance of India’s duties under the CBD. Restrictions on the granting of patents for inventions arising from research on biological resources,²⁶ the transfer of biological resources or knowledge,^[22] and the enforcement of equitable benefit sharing^[23] aim to serve as effective legal bars to biopiracy and unauthorised use of traditional knowledge.

Successes of the TKDL

Since the inception of the TKDL, in just under two years, and in Europe alone, India has succeeded in using this resource to bring about the cancellation or withdrawal of 36 applications to patents traditionally known as medicinal formulations.

Between 2001 and 2015, out of a total of 189 pharmaceutical applications which include medicines, therapeutics, etc., 21 were granted while 17 were rejected. An additional 30 were deemed withdrawn and another 31 were abandoned. At the time of writing, 90 have their examination still in progress. Out of the 10 applications under cosmetics, seven are under progress while one each has been accepted, rejected and deemed to be withdrawn. There was only one application under agriculture which was rejected. The domain of food had three applications out of which one was rejected, one deemed to be withdrawn and the last one in progress.^[24]

India and the US had the maximum number of applications at 75 and 43 respectively. Japan and Korea were third and fourth at 16 and 11 respectively. Most of these applications were in progress, with 12 applications from India being rejected and 17 being abandoned. Only five had been granted to India while three were deemed to be withdrawn; 38 of India’s applications and 12 of those from the US are pending. Taiwan and Jordan’s only applications were granted while Spain’s only application was rejected.^[25]

But do digital databases work as a form of IP protection?

While proponents of the database have been vocal in their vision for its application, it has received criticism on several grounds.

First of all, there is a fair amount of disagreement regarding the best possible means through which TK can be protected.^[26] Indeed, existing literature already features catalogues of international law (both “hard” and “soft”), regional norms and domestic legislation that accord protection to TK within the framework of culture.^[27] While some believe that data aggregation and record creation is the best means to tackle biopiracy, others propose different approaches,^[28] such as negotiating access agreements between indigenous communities and bio-prospectors.^[29]

Secondly, the TKDL has also attracted criticism because of its high level of confidentiality. In response to a right to information application, the Council for Scientific and Industrial Research (CSIR) clarified that the TKDL can only be accessed by foreign patent offices.^[30] It is not made available to the Indian Patent Office or to CSIR scientists. As per the same response, the decision to make the TKDL confidential was taken during a cabinet meeting in 2006, but there exists no legal instrument that mandates such confidentiality. TK databases in other countries do not impose access restrictions. The Korean Traditional Knowledge Portal, for example, explicitly states the motivation behind making itself publicly available:

The database is presented on-line through the Korean Traditional Knowledge Portal (KTKP). The reasons for making the database publicly accessible through the KTKP are as follows:

To lay the foundation for international protection of Korean traditional knowledge, thereby preventing unauthorized use of patents inside and outside the country.
To provide an abundance of information on traditional knowledge and related research, thereby expediting the development of related studies and industries.
To provide essential information for patent examinations, thereby enhancing the quality of intellectual property applications for traditional knowledge.^[31]

Similarly, the contents of the China Traditional Medicine Patent Database are also publicly available on the internet.^[32]

Finally, the TKDL has also raised questions of copyright, with claims that it falls foul of the Indian Copyright Act, 1957, since it has digitised works (such as translations or compilations of ancient texts) that are still under copyright without the consent of their authors.³⁸ Responding to the same right to information application discussed above, the CSIR claimed that no consent was required since the traditional knowledge in question was authored many years ago. This is a perplexing position to take, as there is significant skill and labour involved in translating and compiling these ancient texts and putting this knowledge together, which merits copyright protection.^[33]

The need for open knowledge systems

There seems to be no reason to keep a valuable resource such as the TKDL away from the public’s reach, especially considering the fact that the entire project was bankrolled by the Indian taxpayer. Restricting access to the TKDL severely limits the benefit that the general public could derive from this knowledge. Even if one were to accept that there exist compelling reasons to keep the data confidential, it is clear that the TKDL, by its very nature, cannot possibly be invulnerable to breach. Problems of access control are endemic to large databases – it has been postulated that large aggregations of secret data are fundamentally impossible because security must be traded off for ease of access in such situations. Thus, “you cannot construct a database with scale, functionality and security because if you design a large system for ease of access it becomes insecure, while if you make it watertight it becomes impossible to use.”^[34] For this reason, governments have been urged to make use of centralised databases only when absolutely necessary.^[35] If we accept the premise that centralised databases cannot possibly be both accessible and secure, then we must examine whether the TKDL represents a balanced trade-off between accessibility and confidentiality.

There are three changes that are necessary in this regard:

The need to push for open knowledge A system like the TKDL constitutes a mechanism for defensive protection of TK – it seeks to keep TK in the public domain rather than to exclusively put it in the hands of the community that evolved it. This is similar to the Peer-to-Patent^[36] initiative, which ensures that more eyes are involved in following the process: a crowd-sourced approach to preventing inappropriate appropriation.

The need to address legal barriers Primarily, the TKDL’s data seems to be far from infallible, with several reports of mistranslations^[37] and exaggerated claims^[38] made by the CSIR. Apart from this, the most important requirement that the TKDL must fulfil is for its data to meet the legal criteria established for prior art in various jurisdictions. This would entail ensuring that the knowledge is made available with clear evidence of the date of its publication, and the presentation of the knowledge in a manner that clearly establishes that a patent claim is anticipated by the data contained in the library.^[39] Further, the fundamental challenge faced by any defensive protection mechanism is its vulnerability to differing definitions of prior art in various jurisdictions:

European Patent Convention (EPC): The most TKDL-friendly jurisdictions are those such as the EU. The EPC defines prior art as “everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application”.^[40] Thus, innovations detailed in the works indexed by the TKDL would fall within the definition of prior art, and therefore be unpatentable – assuming, of course, that all the works digitised and translated by the database were publicly available. An overwhelming majority of the TKDL’s self-proclaimed “successes” have been achieved in the EU – around 120 of the 180 “successful outcomes” are against European patent applications.^[41]
United States: On the other end of the spectrum is the US definition of prior art. The United States Patent Act provides that a person “shall be entitled to a patent unless (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent.”⁴⁸ This effectively excludes protection for any non-published knowledge outside the US. Further, given the restrictive access to the TKDL, it appears that the database would not fall within the definition of a “printed publication”, since it has never been “published” – merely circulated among patent examiners on conditions of non-disclosure. Thus, it appears that there is no legal basis for the TKDL to be cited as evidence of prior art in the US, or other jurisdictions that have similar definitions of prior art.^[42]

The need to address structural barriers

In choosing to characterise itself as an archive of prior art, the TKDL has placed the burden of enforcing TK assertions upon patent examiners around the world. In doing so, it has pigeonholed itself into a doctrine (namely prior art) that has a tendency to go largely unheard in patent examinations. With studies showing that more experienced patent examiners, typically occupying higher positions in the patent office, are less likely to cite examples of prior art in their examinations,^[43]^[44] and still other evaluations showing that applicants for patents are extremely unlikely to provide and identify prior art surrounding their claims,^[45] it is evident that there are structural imbalances working against the efficacy of the prior art doctrine in preventing illegitimate patent claims. Thus, efforts must be made to counter this imbalance at two levels: first, access to the TKDL must be made as easy as possible; second, the TKDL has to undertake proactive patent monitoring efforts.

Patent monitoring, while an onerous and expensive task, is nevertheless necessary for the success of a defensive system such as the TKDL, especially in those jurisdictions which do not have the legislative framework to enable provisions of the CBD that mandate disclosure of genetic material sources.

Conclusion

For the reasons stated above, the access policy of the TKDL requires significant modification if the database is to reach its true potential for providing accurate, efficient and time-bound protection to TKbased innovations through the use of a centralised database that is wired into a network of interested parties.

TK systems require all the external support they can get in order to protect their mandate. Civil society must engage effectively with the TKDL initiative, encourage the accuracy of its records through research, and stimulate dialogue regarding the key issues discussed in this report. As pointed out by the UN Special Rapporteur on the rights of indigenous people: “Much more needs to be done to understand fully how … treaties and agreements can undermine or reinforce indigenous peoples’ rights and how they shape the trajectories of national economic development plans.”^[46]

[1] Traditional Knowledge, WIPO. www.wipo.int/tk/en/tk 4 Ibid.

[2] WIPO. (2010). List and Brief Technical Explanation of Various Forms in which Traditional Knowledge May be Found. www.wipo.int/ meetings/en/doc_details.jsp?doc_id=147152

[3] Shiva, V. (2001). Protect or Plunder? Understanding Intellectual Property Rights. London: Zed Books.

[4] See, e.g., Horsbrugh Porter, A. (2006, 17 April). Neem: India’s tree of life. BBC. news.bbc.co.uk/2/hi/south_asia/4916044.stm; BBC. (2005, 9 March). India wins landmark patent battle. BBC. news. bbc.co.uk/2/hi/science/nature/4333627.stm; Hoggan, K. (2000, 11 May). Neem tree patent revoked. BBC. news.bbc.co.uk/2/hi/ science/nature/745028.stm

[5] In re POD-NERS, L.L.C., Re-examination No. 90/005,892, US Fed.

Cir. 2009. law.justia.com/cases/federal/appellate-courts/cafc/08-

[6] /08-1492-2011-03-27.html

[7] It is also noteworthy for another reason: it is illustrative of the time and effort required to contest claims after a patent has been granted. Proponents of the TKDL would argue that what took a decade in the Enola bean case could have been achieved in a manner of weeks at the application stage by a patent office equipped with such a database.

[8] Shashikant, S., & Asghedom, A. (2009, 12 August). The ‘Enola Bean’ dispute: patent failure & lessons for developing countries. Third World Network. twn.my/title2/wto.info/2009/ twninfo20090811.htm

[9] Crouch, D. (2009, 10 July). Mexican Yellow Bean Patent Finally Cooked. Patently-O. patentlyo.com/patent/2009/07/mexican yellow-bean-patent-finally-cooked.html

[10] Gupta, V. K. (2011). Protecting Indian Traditional Knowledge from Biopiracy. WIPO. www.wipo.int/export/sites/www/meetings/ en/2011/wipo_tkdl_del_11/pdf/tkdl_gupta.pdf 13 www.tkdl.res.in/tkdl/langdefault/common/Home.asp?GL=Eng 14 Gupta, V. K. (2011). Op. cit.

[11] PTI. (2015, 9 August). Over 1500 yoga asanas shortlisted to thwart patenting by foreign parties. Indian Express. indianexpress.com/ article/india/india-others/over-1500-yoga-asanas-shortlisted-to thwart-patenting-by-foreign-parties

[12] TNN. (2007, 18 May). US patent on yoga? Indian gurus fume. Indian Express. timesofindia.indiatimes.com/india/US-patent-on yoga-Indian-gurus-fume/articleshow/2058285.cms

[13] Lee, T. B. (2013, 13 December). A yoga patent? Here’s why the USPTO approves so many dubious applications. Washington Post. https://www.washingtonpost.com/news/the-switch/ wp/2013/12/13/a-yoga-patent-heres-why-the-uspto-approves-so many-dubious-applications

[14] Press Information Bureau. (2010, 28 April). India Partners with US and UK to Protect Its Traditional Knowledge and Prevent Bio-Piracy. pib.nic.in/newsite/erelease.aspx?relid=61122

[15] www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

[16] genecampaign.org

[17] Sahai, S. (1996). Importance of Indigenous Knowledge in IPR. Economic and Political Weekly, 31(47).

[18] World Health Organization. (2013). WHO Traditional Medicine Strategy 2014-2023. apps.who.int/iris/ bitstream/10665/92455/1/9789241506090_eng.pdf?ua=1

[19] List of Parties, Convention on Biological Diversity. https://www. cbd.int/information/parties.shtml

[20] Article 8(j) of the Convention on Biological Diversity. https://www.

cbd.int/convention/text

[21] nbaindia.org/content/25/19/1/act.html 26 Section 6 of the Biological Diversity Act, 2002.

[22] Section 20 of the Biological Diversity Act, 2002.

[23] Section 21 of the Biological Diversity Act, 2002.

[24] www.tkdl.res.in/tkdl/langdefault/Common/ExaminerReport.

asp?homepage=sub

[25] Ibid.

[26] WIPO. (2010). Op. cit., Annex 2.

[27] See, e.g., Coombe, R. J. (2005). Protecting Traditional

Environmental Knowledge and New Social Movements in the

Americas: Intellectual Property, Human Right, or Claims to an Alternative Form of Sustainable Development? Florida Journal of International Law, 17(1), 115-136.

[28] Swiderska, K. (2006). Banishing the Biopirates: A New Approach to Protecting Traditional Knowledge. International Institute for Environment and Development. pubs.iied.org/pdfs/14537IIED.pdf

[29] Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. (2002). Review of Existing Intellectual Property Protection of Traditional Knowledge. WIPO. www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_3/ wipo_grtkf_ic_3_17-main1.html

[30] Reddy, P. (2012, 29 March). Is the TKDL a ‘confidential database’ and is it compliant with Indian copyright law? SpicyIP. spicyip. com/2012/03/is-tkdl-confidential-database-and-is-it.html

[31] KTKP Introduction, Korean Traditional Knowledge Portal. www. koreantk.com/en/m_about/about_01.jsp?about=1

[32] Brief introduction of China Traditional Medicine (TCM) Patent Database, China TCM Patent Database. 221.122.40.157/tcm_ patent/englishversion/help/help.html 38 Op. cit.

[33] Reddy, P. (2012, 21 April). The need for an ‘independent’ review of the TKDL project. SpicyIP. spicyip.com/2012/04/need-for anindependent-review-of-tkdl.html

[34] Proposed by Ross J. Anderson, this thumb-rule has come to be known as Anderson’s Rule. See: Porter, H. (2009, 10 August). Nine sacked for breaching core ID card database. The Guardian. www. theguardian.com/commentisfree/henryporter/2009/aug/10/ id-card-database-breach

[35] See, e.g., Anderson, R. et. al. (2009). Database State. Joseph Rowntree Reform Trust. www.jrrt.org.uk/sites/jrrt.org.uk/files/

documents/database-state.pdf

[36] www.peertopatent.org

[37] Rathi, M. (2012, 20 April). Guest Post – TKDL: A success – Really?

SpicyIP. spicyip.com/2012/04/guest-post-tkdl-success-really.html

[38] Reddy, P. (2012, 19 March). Guest Post: The Traditional Knowledge Digital Library and the EPO. SpicyIP. spicyip.com/2012/03/guest post-traditional-knowledge.html

[39] Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. (2003). Practical Mechanisms for the Defensive Protection of Traditional Knowledge and Genetic Resources within the Patent System. WIPO. www.wipo. int/edocs/mdocs/tk/en/wipo_grtkf_ic_5/wipo_grtkf_ic_5_6.pdf

[40] Article 54(2) of the Convention on the Grant of European Patents. https://www.epo.org/law-practice/legal-texts/epc.html

[41] Outcomes against bio-piracy, Traditional Knowledge Digital Library. www.tkdl.res.in/tkdl/langdefault/common/Outcome.asp 48 35 U.S.C. § 102(a).

[42] Quinn, G. (2009, 30 November). US Patent Office to Reject Based on Traditional Knowledge. IPWatchdog. www.ipwatchdog.com/2009/11/30/us-patent office-to-reject-based-on-traditional-knowledge/ id=7502

[43] Lemley, M. A., & Sampat, B. (2012). Examiner Characteristics and

Patent Office Outcomes. The Review of Economics and Statistics,

[44] (3), 817-827. www.mitpressjournals.org/doi/abs/10.1162/ REST_a_00194?journalCode=rest

[45] Sampat, B. (2010). When do Applicants Search for Prior Art? The Journal of Law and Economics, 53(2), 399-416. www.journals. uchicago.edu/doi/abs/10.1086/651959?journalCode=jle

[46] Human Rights Council. (2014). Report of the Special Rapporteur on the Rights of Indigenous People. unsr.vtaulicorpuz.org/site/index. php/documents/annual-reports/26-annual-report-hrc-2014

For more details visit https://cis-india.org/a2k/blogs/giswatch-december-9-2016-sunil-abraham-and-vidushi-marda-digital-protection-of-traditional-knowledge-questions-raised-by-traditional-knowledge-digital-library-in-india

The Digital is Political

nishant — 2016-06-05T03:58:46Z

To speak of technology is to speak of human life and living.

The article was published in the Indian Express on March 20, 2016.

“You are supposed to write about the internet, why do you keep talking about all this politics?” I was taken aback when I was faced with this question. It is true – since the year has begun, I have talked about digital education and the ways in which it needs to account for unexpected and underserved communities, about net neutrality and why the Indian government needs to build a stronger, safer, and a more inclusive digital ecosystem. I have written about freedom of speech and expression and how this is going to be the year when we stand together to save the internet from vested interests that seek to convert it from a public commons into a private commodity.

In my head, all these questions — of inclusion, of access, of presence, of rights — are questions of human life and living, but they are also those that are being hugely restructured by the internet and digital technologies. When faced with the query, I was reminded of a deep-seated division that has been at the heart of digital cultures.

Way back in the ’90s, when the internet was still a space of science fiction and the World Wide Web was in its nascent stages, there was a distinction made between Virtual Reality (VR) and Real Life (RL). The presumption in the construction of these categories was that the digital is only an escape, the technological is merely a prosthesis, and the internet is just a thing that a few geeks engaged with in their free time. However, the last three decades have made this distinction between VR and RL redundant.

We live in digital times. The digital is not just something we use strategically and specifically to do a few tasks. Our very perception of who we are, how we connect to the world around us, and the ways in which we define our domains of life, labour, and language are hugely structured by the digital technologies. The digital is ubiquitous and hence, like air, invisible. We live within digital systems, we live with intimate gadgets, we interact through digital media, and even though we might all be equally digital natives, there is no denying the fact that the very presence and imagination of the digital has dramatically restructured our lives. The digital, far from being a tool, is a condition and context that defines the shapes and boundaries of our understanding of the self, the society, and the structures of governance.

The pervasive nature of the digital technologies and internet can be found at multiple levels. For instance, we do not think about going online anymore, because most of our devices are connected 24×7 to the digital web. Even when we are not online, sunk in a bad network connection, or protecting our precious data usage, we know that our avatars and digital identities are online and talking without us.

So established is this phenomenon that we even have a name for the anxiety it creates: FOMO — the Fear Of Missing Out. Similarly, the digital can be located at the level of human understanding. We are used to thinking of ourselves as digital systems. We talk about our primary identity as one marked by information overload. We often complain, when faced with too many demands on our time and space, that we don’t have enough bandwidth to deal with new problems, and we are not referring to digital connectivity.

The digital also has space at the level of policy and governance. If you, like the many millions of Indians, have registered for an Aadhaar card, you have already been marked by a digital identity whether or not you have broadband access. When our government launches Digital India campaigns, it is not merely about an economic model of growth, but it is suggesting that the digital is going to be at the foundations of the new India that we want to build for the future.

If the digital is so central to our fundamental understanding of the self, the society, and the state, then surely it is time to stop thinking that these technologies have nothing to do with politics? There remains a forced imagination of technologies as devices, as tools, as prostheses which do not have any other role than the performing of a function. However, this is a fallacy, because not only do technologies shape our sense of who we are, but they also prescribe new templates and models of who we are going to be. In the process, these technologies take political action, create social structures, mobilise cultural possibilities, and often, because they are technologies that are still elite and available to the privileged few in the country, they enable decisions which are not always fair, open, and just.

Hence, a technological decision cannot be read merely as a technical decisions but as human decisions. To speak of technology is to speak of human life and living. To write about technology is to write about politics, because a separation between the two is not only futile but downright dangerous.

For more details visit https://cis-india.org/internet-governance/blog/indian-express-march-20-2016-nishant-shah-digital-is-political

The Digital Classroom: Social Justice and Pedagogy

nishant — 2015-05-08T12:36:29Z

What happens when we look at the classroom as a space of social justice? What are the ways in which students can be engaged in learning beyond rote memorisation? What innovative methods can be evolved to make students stakeholders in their learning process? These were some of the questions that were thrown up and discussed at the 2 day Faculty Training workshop for participant from colleges included in the Pathways to Higher Education programme, supported by Ford Foundation and collaboratively executed by the Higher Education Innovation and Research Application and the Centre for Internet and Society, Bangalore.

The workshop focused on 3 chief challenges in contemporary pedagogy and teaching in higher education in India as identified by HEIRA: The need for innovative curricula, challenges to social justice in education, and possibilities offered by the intersection of digital and internet technologies with classroom teaching and evaluation. In the open discussions, the participating faculty members used their multidisciplinary skills and teaching experience to look at possibilities that we might implement in our classrooms to create a more inclusive and participatory environment. The conversations were varied, and through 3 blog entries I want to capture the focus points of the workshop. In this first post, I focus specifically on the changing nature of student engagement with education and innovative ways by which we can learn from the digital platforms of learning and knowledge production and implement certain innovations in pedagogy that might better help create inclusive and just learning environments in the undergraduate classroom in India.

Peer 2 Peer: One of the observations that was made unanimously by all the faculty members was that students respond better, learn faster, engage more deeply with their syllabus when the instructor has a personal rapport with them. Traditionally, the teachers who have established human contact which goes beyond the call of duty are also the teachers that have become catalysts and inspirations for the students. Especially with the digital aesthetics of non-hierarchical information interaction, this has become the call of the day.

Establishing the teacher as a peer within the classroom, rather than the fountainhead of information flow, is an experiment worth conducting. Like on other digital platforms, can we think of the classroom as a space where the interlocutors each bring their life experience and learning to start an information exchange and dialogue that would make them stakeholders in the process of learning? This would mean that the teacher would be a facilitator who builds conditions of knowledge production and dissemination, thus also changing his/her relationship with the idea of curriculum and teaching.

Reciprocal evaluation: It was pointed out that the grade oriented academic system often leads to students disengaging with innovative and meaningful learning practices. With the pressure of completing the curriculum, the students’ instrumental relationship with their classroom learning and the highly conservative structures of higher education that do not offer enough space to experiment with the teaching methods, it often becomes difficult to initiate innovative pedagogic practices. Learning from the differently hierarchised digital spaces, it was suggested that one of the ways by which this could be countered is by introducing reciprocal evaluation patterns which might not directly be associated with the grades but would recognise and appreciate the skills that students bring to their learning.

Inspired by the Badges contest at HASTAC, it was suggested that evaluation has to take into account, more than grades. Different students bring different skills, experiences, personalities and behaviours to bear upon the syllabus. They work individually and in clusters to understand and analyse the curriculum. Recognising these skills and the roles that they play in their learning environments is essential. Getting students to offer different badges to each other as well as to the teachers involved, helps them understand their own learning process and engages them in new ways of learning.

Role based learning: Within the Web 2.0 there is a peculiar condition where individuals are recognised simultaneously as experts and novices. They bring certain knowledges and experiences to the table which make them credible sources of information and analysis in those areas. At the same time, they are often beginner learners in certain other areas and they harness the power of the web to learn. Such a distributed imagination of a student as not equally proficient in all areas, but diversely equipped to deal with different disciplines is missing from our understanding of the higher education classroom.

We discussed the possibility of making the student responsible not only for his/her own learning but also the learning of the peers in the classroom. Making the student aware of what s/he is good at and where s/he is lacking allows them to gain confidence and also realise that everybody has differential strengths and aptitudes. Such a classroom might look different because the students don’t have to be pitched in stressful competition with each other but instead work collaboratively to learn, research and produce knowledge in a nurturing and supportive learning environment.

These initial discussions look at the possibility of innovative classroom teaching that can accommodate for the skills and differences of the students in higher education in India. The conversations opened up the idea that the classroom can be reshaped so that it becomes a more inclusive space where the quality of students’ access to education can be improved. It also ties in with the larger imagination of classrooms as spaces where principles of social justice can be invoked so that students who are disadvantaged in language, learning skills, socio-economic backgrounds, are not just looked at as either ‘beyond help’ or ‘victims of a system’. Instead, it encourages to look at the students as differential learners who need to be made stakeholders in their own processes of learning and education.

For more details visit https://cis-india.org/digital-natives/pathways/facultyworkshop

The Digital Classroom in the Time of Wikipedia

nishant — 2015-10-05T14:53:30Z

The digital turn in education comes across a wide range of initiatives and processes. The Wikipedia which is the largest user generated content website stands as a figurehead of such a digital turn, writes Nishant Shah.

Context

The digital turn in education has been described across a wide range of initiatives and processes. These include the introduction of digital tools and gadgets as a part of the learning environment, building digital archives and repositories of learning and curriculum building, facilitating remote access to education through information and communications technologies infrastructure, improving quality of access to education and learning resources, building diverse and customised syllabi to accommodate for alternative and contesting perspectives, building peer knowledge communities of information and knowledge production, and including non-canonical material and experiences into formal institutions of education. Different locations, contexts, geo-political circumstances, socio-economic factors, and cultural differences influence the spread, rise and integration of digital technologies in mainstream education. Much academic, policy and implementation attention has been given to these processes and several models of new learning environments and infrastructure have been postulated over the last two decades. The democratising promise of internet technologies has been largely if not exclusively about education, learning, literacy and production of knowledge from different parts of the world.

Wikipedia, one of the first and possibly the largest user generated content websites, that aims to put together the ‘sum total of all human knowledge’ in an open encyclopaedia, stands as the figurehead of such a digital turn. It questions and subverts the traditional analogue forms of knowledge production and relationships. The much discussed experiment conducted by Nature (Giles, 2005 and Orlowski, 2006) that established Wikipedia as an almost equal (if not more) reliable source of information to the fountainhead of print-based knowledge Encyclopaedia Britannica, has become the touchstone by which digital collaborative knowledge structures seek their validity within mainstream classroom pedagogy and learning. Wikipedia itself has emerged as an object of deep scrutiny and contestation, with warring factions going strong about its strengths and weaknesses. The supporters look at how this collaborative peer-to-peer structure has changed knowledge relationships that defined consumers, producers and mediators of knowledge. They see in the rise of Wikipedia, and other such wiki-based structures and user generated content sites that remix, reuse and share knowledge within the digital realm, the potentials and possibilities of changing the futures of knowledge ecologies and economies. The detractors of Wikipedia make a strong case for specialised and expert curatorial practices of knowledge, without which the information explosion of the digital world would collapse all distinctions between speculative writing and rigorous accountable research.

Concerns

In the seemingly unbridgeable differences of these two contesting positions, there is however, a set of common presumptions which remained unquestioned and unchallenged. The example of Wikipedia accordingly serves to throw in sharp relief these more general questions regarding digitally produced knowledge and digitally enabled learning practices.

Design of Trust

The first among them is the concern around Authority and Authorship (Liang, 2010). Increasingly, as Wikipedia becomes a de facto global reference site available in different languages, there is a growing dependence on the authority of information available on Wikipedia. Given that the number of users of Wikipedia is exponentially higher than the number of editors on Wikipedia, there are many users who never confront the structures of participation, processes of editing, and questioning the source of information (Harouni, 2009, Broughton, 2002) found on the site. This is not a problem exclusive to Wikipedia. Given the explosion of user generated sites which often gloss over the problems of authority and authorship, misdirected or misguided information, there is a need for digital criticality which can help people sift through different kinds of information and develop the capacity for effective critical judgment regarding both truth or falsity and rhetorical persuasiveness or manipulation. Especially within the context of scholarly and academic research and learning, classroom teaching and pedagogy, there is a need to define new parameters by which information introduced in the classroom or learning environment needs to stand deeper scrutiny regarding reliability (over authority).

Flattened Politics

The second concern has to do with the depoliticized perception of participation, collaboration and knowledge production on Wikipedia (Graham, 2010). Not only are geographical counters, experiential knowledges and non-standard forms of citation (Prabhala, 2010) ignored on Wikipedia, but they are also rendered redundant under the guise of objectivity. The essentially viral nature of information online and conditions of easy replicability that allow for copy and paste cultures often means that the information gets de-contextualised and de-politicized from its original intentions and circuits of production/distribution.

In many ways, Wikipedia’s adherence to an encyclopaedic model, promotes the idea that there is universal, objective knowledge which can be produced and understood without engaging with the politics of context, language, translation, evidence, etc. This adoption of an older model of aggregating knowledge becomes problematic in the light of new perspectives and theories of reading and writing, which establish knowledge as a contested terrain rather than the benign site that can be mediated through protocols, bots and procedures (Miller, 2007 and Rosenzweig, 2006). In classrooms, students and teachers are both faced with problems when they encounter the simultaneously authoritative and collaborative, definite and tentative nature of information on Wikipedia. The flattened structure of information further complicates our engagement with the larger contexts it refers to and often hinders the learner’s ability to go beyond the self contained universe of Wikipedia, unable to engage with that which has been omitted or left-out and only concentrating on that what has been written and represented.

Technology as Tool

The third concern marks a larger anxiety with the Web 2.0 technologies and their integration with formal structures of education and learning. It has to do with new configurations of power, recalibrated hierarchies of learning and teaching, and distributed communities of learning which might not often be cohesive and concurrent. With the unqualified emphasis on digital gadgets – OLPC, Smart Boards, iPads – and ubiquitous connectivity, there is often a danger to reducing these structures to sheer functionality. There have been experiments where pedagogues have merely introduced user generated sites as reference material and ways of accessing information without actually looking at how they posit questions to existing education systems. The larger trend of distrusting non-academic spaces continues.

A lecture on the problems of Wikipedia is immediately followed by a ban on or “policing” of the use of Wikipedia as a reliable resource, trying to create a false and divisive distinction between offline and online learning tools (Davidson, 2007). With the increased focus on ‘Digital Natives’ within education policy and everyday classroom pedagogy, there is a call for changing the existing classroom and replacing it with a digital classroom – a classroom that challenges the teacher-student relationships, the authority of the prescribed curricula, and the form of learning and teaching within college and university structures. The Digital Classroom is often mistaken to be a virtualisation of the contemporary classroom, where virtual presences and cloud-based resources of learning structure the syllabi and the methods of learning. However, the larger anxieties are about rendering the physical classroom digital by establishing new relationships and structures at the levels of curricula design, teaching, learning and evaluation. The need is to look beyond the social media as a tool, and start unpacking the transparency of the digital interface and the perceived non-hierarchical nature of information filtering (Geiger, 2010) on Wikipedia and other such user generated content portals.

Quality of Access

The fourth concern draws from digital internet rhetoric of Do It Yourself. There is a heavy promotion of howthe only thing that stops a student (or anybody who is a learner) from being an intelligent and engaged student is lack of resources. This rhetoric finds bolstering in other political movements like FLOSS and A2K (Willinsky, 2006). There is a presumption that the teacher is merely a proxy for the paucity of resources and that once the students have unlimited access to the ‘sum total of all human knowledge’, they will be able to Learn everything on their own. The DIY University models, the proposition of phasing out teachers and investing in digital infrastructure instead, the idea that the digital native student has instinctive abilities to navigate through knowledge systems (like a fish does to water), all obfuscate not only the traditional learning processes but also reduce all learning to Access.

There is no debate about the quality of access. Even when factual errors are spotted, it is celebrated as an opportunity to improve so that information on Wikipedia is by definition flawed and always potentially in the process of being improved. There is little theorisation of both the role of a teacher in a classroom and the relationship with information access and learning. The presumption that the only gating factor to better education is lack of resources glosses over questions of social and economic disadvantage, political contexts, age, language, race, gender, sexuality, social support, etc., that come into play when designing inclusive education systems. Instead, there is a promotion of fact-based skill-oriented learning that fits the larger neo-liberal agenda of producing workforces who necessarily should not have to be critical in their everyday labours (Achterman, 2005). Universities and colleges are finding increasing pressure to produce students who work within such flat knowledge horizons towards market expansion and promotion of information capitalism rather than a critical learner who is able to deploy lessons learned from education in order to question and change the reality of the conditions within which s/he lives.

Rationale

Given these dramatic measures and accelerated changes happening in academia and within the university systems across the worlds, it is necessary to dwell on what a digital college classroom and learning environment looks like in the time of Wikipedia. A synthesis of perspectives from different stakeholders in varied disciplines, engaging with knowledge production, consumption, distribution and access is necessary to understand what the futures and contours of the university system and classroom pedagogy are. The ambition is to look at Wikipedia as a symptom of our times rather than a site of analyses.

Call for Proposals

This is a call for proposals towards a special Reader, from people who are interested in producing historical and contemporary accounts of relationships between education, technology, learning, and pedagogy in order to map existing crises and questions of our present times. We take the classroom as the unit where different processes and flows of the education system meet. In this context, we invite researchers, academic practitioners, students, artists, new media theorists, education policy actors and historians of knowledge to look at the Digital Classroom in the Time of Wikipedia as an opportunity to question global trends in education and ways by which Wikipedia (and other such structures) can be fruitfully integrated in formal education towards better learning. Proposals can be for producing theoretical accounts, critical analyses, case-studies from one’s practice, review of information and knowledge, narratives of art and activist interventions, regional and local snap-shots, and other innovative forms by which the diverse and complex questions can be elaborated.

Key Questions

Proposals can be inspired by but not limited to some of the questions listed below that we identify as beginning points for engaging with the area:

What does a digital classroom look like? If we had to think beyond just integration of digital tools into the classroom, what are the new models and structures of classrooms (physical, pedagogical, or otherwise) that we are looking at?
What are the new relationships that we are mapping in the time of Wikipedia – student-teacher, teacher-curriculum, student-classroom, student-student, technology-education, pedagogy-learning? How do we account for the shifts and map the transitions?
How do we understand the changing nature and function of the university and education with the rise of the internet? What are the policy and practice visions of the University of the Future?
What does the integration of Wikipedia and similar structures in everyday classroom practice lead to? What does it change and for whom?
What is the role of the teacher in the age of ubiquitous information access? How do we restructure our ideas of pedagogy, learning and evaluation?
What are the historical tensions between technology and education that are being replayed with the rise of the digital?
What does the rise of Wikipedia mean for our traditional understandings of data repositories? What are the politics and implications of Wikimedia’s other projects on Alternative Citation, Wikipictures, GLAM, etc. on the larger knowledge ecology and industry?

References:

Achterman, D. (2005). “Surviving Wikipedia: Improving student search habits through information literacy and teacher collaboration”, Knowledge Quest, 33(5), 38−40.
Davidson, C. (2007). “We can’t ignore the influence of digital technologies”, Education Digest, 73(1), 15−18.
Geiger, S. (2011). “The Lives of Bots”, Critical Point of View A Wikipedia Reader (Eds.) Geert Lovink and Nathaniel Tkacz. Institute of Network Cultures : Amsterdam.
Giles, J. (2005). “Internet encyclopedias go head to head”, Nature, 438(7070), 900−901.
Graham, M. (2011). “Wiki Space: Palimpsests and the Politics of Exclusion”, Critical Point of View A Wikipedia Reader (Eds.) Geert Lovink and Nathaniel Tkacz. Institute of Network Cultures : Amsterdam.
Harouni, H. (2009). “High School Research and Critical Literacy: Social Studies with and Despite Wikipedia”, Harvard Educational Review, 79 (3), 473-494.
Liang, L. (2011). “A brief History of the Internet from the 15th to the 18th Century”, Critical Point of View A Wikipedia Reader (Eds.) Geert Lovink and Nathaniel Tkacz. Institute of Network Cultures : Amsterdam.
Miller, N. (2007). “Wikipedia revisited” ETC: A Review of General Semantics, 64(2), 147−150.
Orlowski, A. (2006, March 26). Nature mag cooked Wikipedia study, The Register. Retrieved December 17, 2011, from http://www.theregister.co.uk/2005/10/18/wikipedia_quality_problem/
Prabhala, A. (2011). People Are Knowledge. Documentary retrieved from December 17, 2011 from http://vimeo.com/26469276.
Rosenzweig, R. (2006). “Can history be open source? Wikipedia and the future of the past” Journal of American History, 93(1), 117–146.
Willinsky, J. (2006). The Access Principle: The Case for Open Access to Research and Scholarship. MIT Press :Massachusetts.
Collaborators: Dr. David Theo Goldberg, University of California Humanities Research Institute and Claudia Sullivan, Digital Media and Learning Initiative, HASTAC.
Photo source: Flickr (Creative Commons-licensed content for noncommercial use requiring attribution and share alike distribution).

For more details visit https://cis-india.org/raw/digital-humanities/blogs/digital-classroom/digital-classroom-in-time-of-wikipedia

The Difficult Balance of Transparent Surveillance

kovey — 2013-07-15T04:23:35Z

Is it too much to ask for transparency in data surveillance? On occasion, companies like Microsoft, Facebook, and the other silicon valley giants would say no. When customers join these services, each company provides their own privacy statement which assures customers of the safety and transparency that accompanies their personal data.

This research was undertaken as part of the 'SAFEGUARDS' project that CIS is undertaking with Privacy International and IDRC

Google even publishes annual “Transparency Reports” which detail the data movement behind the scenes. Governments, too, are somewhat open about surveillance methods, for example with the public knowledge of the existence and role of institutions like America’s NSA and India’s CMS. These façades of assurance, however, never satisfy the public enough to protect them from feeling cheated and deceived when information leaks about surveillance practices. And in the face of controversy around surveillance, both service providers and governments scramble to provide explanations for discrepancies between their promises and their practices.

So it seems that transparency might not be too much to ask, but instead is perhaps more complicated of a request than imagined. For some citizens, nothing would be more satisfying than complete transparency on all data collection. For those who recognize surveillance as crucial for national security, however, complete transparency would mean undermining the very efficacy of surveillance practices. And data companies often find themselves caught between these two ends, simultaneously seeking profits by catering to the public, while also trying to abide by political and legal frameworks. Therefore, in the process of modern data surveillance, each attempt at resolution of the transparency issue will become a delicate balance between three actors: the government, the big data companies, and the people. As rightly stated on the Digital Due Process website, rules for surveillance must carefully consider “the individual’s constitutional right to privacy, the government’s need for tools to conduct investigations, and the interest of service providers in clarity and customer trust.”[1]

So we must unpack the idea of transparency.

First, there should be a distinction made between proactive transparency and reactive transparency, or, the announcement of surveillance practices versus the later access to surveillance records. The former is more risky and therefore more difficult to entertain, while the latter may lack any real substance beyond satisfying inquiries. Also consider the discrepancy in motivation for transparency between the actors. For the citizen, is transparency really an end goal, or is it only a stepping stone in the argument for eradication of surveillance practices in the name of rights to privacy? Here, we ascertain the true value of total transparency; will it ever please citizens to learn of a government’s most recent undermining of the private sphere?

Reactive transparency has been achieved only in recent years in India, during a number of well publicized legal cases. In one of the earliest cases of reactive transparency, Reliance Communications made an affidavit in the Supreme Court over the exact number of surveillance directives given by the government. It was released that 151,000 Reliance accounts were monitored for a project between 2006 and 2010, with 3,588 tapped phones just from the Delhi region alone in 2005.[2]

But also there has been controversy over the extent of reactive transparency, because it has been especially problematic to discern the point where transparency once again encroaches on privacy, both for government and the people’s sake. After gathering the data, its release could further jeopardize the citizens and the government. It is important to carefully consider the productive extent of reactive transparency: What will become of the information? Will one publicly reveal how many people were spied on? Who was spied on? What was found when through spying? Citizens must take all of this into consideration when requesting transparency.

Meanwhile, service providers embrace transparency when it can benefit their corporation, or as a recent Facebook statement explained, “we’ve been in discussions with U.S. national security authorities urging them to allow more transparency, so that our users around the world can understand how infrequently we are asked to provide user data on national security grounds.” [a] Many of the service providers mentioned in the recently leaked PRISM report have made well-publicized requests to the U.S. government for more transparency.[3]

Not only have they allegedly written requests to the government to allow them to disclose information, but the companies (including Facebook [a], Apple [b], Microsoft[c], and Google [d]) have all released explanatory statements in the wake of the June 2013 PRISM scandal. Although service providers claim that the request to release data about their cooperation is in the ‘interest of transparency,’ it instead seems that the motivation for this transparency is to ease consumers’ concerns and help the companies save face. The companies (and the government) will admit their participation in surveillance once it has become impossible to deny their association with the programs. This shrewd aspect of transparency can be seen most clearly in statements like those from Microsoft, who included in their statement on June 14^th, “We have not received any national security orders of the type that Verizon was reported to have received.” [c] Spontaneous allusions like this are meant to contrast guilt-conscious service providers favorably to telecom service providers such as AT&T and Verizon, who allegedly yielded the most communications data and who as of now have yet to release defensive public statements.

Currently, we find ourselves in a situation where entities admit to their collusion in snooping only once information has leaked, indignation has ignited, and scandal has erupted. A half-hearted proactive transparency leads to an outrage demanding reactive semi-transparency. These weak forms of transparency neither satisfy the public, nor allow governments and service providers to maintain dignity.

But now is also a crucial moment for possible reevaluation and reformation of this system, especially in India. Not only is India enacting its own national security surveillance system, the CMS[4] but the recent NSA and PRISM revelations are still sending shockwaves throughout the world of cyber security and surveillance. Last week, a Public Interest Litigation (PIL) was sent to the Indian Supreme Court, arguing that nine foreign service providers (Facebook, Hotmail, Yahoo!, Google, Apple, Skype, Paltalk, AOL, YouTube) violated the trust and privacy of their Indian customers through their collusion with the US government’s surveillance programs.[5]

Among other things, the PIL emphatically sought prosecution of the mentioned corporations, demands for the service providers to establish servers in India, and also sought stricter rules to prevent Indian officials from using these foreign services for work involving national security. Ultimately, the PIL was rejected by the Supreme Court; although the PIL stated the grounds of Rule 6 of the Information Technology Rules 2011 for the guidelines in protecting sensitive Indian citizen information, the SC saw the PIL as addressing problems outside of SC jurisdiction, and was quoted as saying “we cannot entertain the petition as an Indian agency is not involved.”[5][6]

The SC considered the PIL only partially, however, as certain significant parts of the petition were indeed within Indian domestic agency, for example the urge to prohibit federal officials from using the private email services such as Gmail, Hotmail, and Yahoo. And although the SC is not the correct place to push for new safeguard legislation, the ideas of the PIL are not invalid, as Indian leaders have long searched for ways of ensuring basic Indian privacy laws in the context of international service providers. This is also not a problem distinctive to India. International service providers have entered into agreements regarding the same problems of incorporating international customers’ rights, formal agreements which India could emulate if it wanted to demand greater privacy or transparency.

For example, there is the Safe Harbor Framework, an institution in place to protect and mediate European Union citizens’ privacy rights within the servers of foreign (i.e. American) Internet companies. These regulations were established in 2000, and serve the purpose of adjusting foreign companies’ standards to incorporate E.U. privacy laws. In accordance with the agreement, E.U. data is only allowed to be sent to outside providers who maintain the seven Safe Harbor principles, several of which focus on transparency of data usage.[7] India could enact a system similar to this, and it would likely alleviate some of the concerns raised in the most recent PIL. These frameworks, however, have not proven completely reliable safeguards either, especially when the service providers’ own government uses national security as a means to override the agreement. Although the U.S. government has yet to fully confirm or deny many of the NSA and PRISM allegations in regards to Europe, there is currently strong room to believe that the surveillance practices may have violated the Safe Harbor agreements by delivering sensitive E.U. citizen data to the U.S. government.[8] It is uncertain how these revelations will impact the agreements made between the big Silicon-Valley companies and their E.U. customers.

The recent PIL also strongly suggested establishing domestic data servers to keep Indian citizens’ information within the country and under the direct supervision of Indian entities. It strongly pushes for self-reliance as the best way to ensure both citizen and national security. The PIL assumes that domestic servers will not only offer better information protection, but also create much needed jobs and raise national tax revenue.[5] If allegations about PRISM and the E.U. prove true, then the E.U. may also decide to support establishment of European servers as well.

Several of the ideas outlined in the PIL have merit, but may not be as productive as the requesters assume. It is true that establishing servers and domestic regulators in India may temporarily protect from unwanted foreign, i.e. American, surveillance. But at the same time, this also increases likelihood of India’s own central government taking a stronger surveillance stance, more stringently monitoring their own servers and databases. It has not yet been described how the CMS will be operate its surveillance methods, but moving data to domestic servers may just result in shifting power from NSA to CMS. Rather than more privacy or transparency, the situation could easily become a matter of who citizens prefer spying over them.

Even if one government establishes rules which enforce transparency, this may clash with the laws of the service providers’ domestic government, i.e. confidentiality in surveillance. Considering all of this, rejection of foreign service providers and promotion of domestic self reliance may ultimately prove the most effective alternative for nations which are growing rapidly in both internet presence and internet consciousness. But that does not make this option the easiest. Facing the revelations and disillusionment of domestic (CMS) and international (PRISM) surveillance methods, countries like India are reaching an impeding critical juncture. Now is the most important time to establish new norms, while public sentiment is at its highest and transition is most possible, not only creating new laws which can safeguard privacy, but also strongly considering alternatives to foreign service providers like those outlined in June’s PIL. Privacy International’s guiding principles of communications surveillance also offer useful advice, urging for the establishment of oversight institutions which can access surveillance records and periodically publish aggregate data on surveillance methods.[9] Although the balance between security on the national level and security on the personal level will continue to be problematic for nations in the upcoming years, and even though service providers’ positions on surveillance usually seem contrived, Microsoft Vice President John Frank made a statement which deserves appreciation, rightly saying, “Transparency alone may not be enough to restore public confidence, but it’s a great place to start.”[c]

[1]. http://digitaldueprocess.org/

[2]. http://bit.ly/151Ue1H

[3]. http://bit.ly/12XDb1Z

[4]. http://ti.me/11Xh08V

[5]. Copy of 2013 PIL to Supreme Court, Prof. S.N. Singh [attached]

[6]. http://bit.ly/1aXWdbU

[7]. http://1.usa.gov/qafcXe

[8]. http://bit.ly/114hcCX

[9]. http://bit.ly/156wspI

[a]. Facebook Statement: http://bit.ly/ZQDcn6

[b]. Apple Statement: http://bit.ly/1akaBuN

[c]. Microsoft Statement:http://bit.ly/1bFIt31

[d]. Google Statement: http://bit.ly/16QlaqB

For more details visit https://cis-india.org/internet-governance/blog/the-difficult-balance-of-transparent-surveillance

The debate over internet governance and cyber crimes: West vs the rest?

Elizabeth Dominic — 2020-06-08T07:04:26Z

The post looks at the two models proposed for internet governance and the role of cyber crimes in shaping the debate. In this context, it will also critically analyze the Budapest Convention (the “convention”) and the recently proposed Russian Resolution (the “resolution”), and the strategies adopted in each to deal with the menace of cybercrimes. It will also briefly discuss India’s stances on these issues.

With Internet connectivity and use of technology rising exponentially, the tug of war over Internet governance continues. On one end are the states advocating for a global, open and free model of the Internet, dubbed as the ‘Western model’, spearheaded by the U.S. and its allies. On the other end are a cluster of states led by China and Russia, advocating for a sovereign and controlled version of the internet, a ‘Leviathan model’. Although the idea of an Internet embodying the principles of equality, openness and multistakeholderism sounds appealing, the rise of new trends including cyber crimes and online misinformation poses a challenge to this model making it arduous, if not impossible, to pick one model over the other.

The post will briefly explore the two models proposed for Internet governance and the role of cybercrimes in shaping the debate. In this context, it will also critically analyze the Budapest Convention (the “convention”) and the recently proposed Russian Resolution (the “resolution”), and the strategies adopted in each to deal with the menace of cybercrimes. It will also briefly discuss India’s stance on the convention.

Two Models and Three Parties

Since the evolution of the Internet, its stewards have been expounding a global internet embodying features such as statelessness, openness, interoperability, security, and multistakeholderism. Known as the Western model of internet governance, it has been embraced by many states including UK, France. The model is premised on the idea that the internet should be a space where there is free flow of content without filtering by any intervening party including the state, thereby upholding the freedom of speech and human rights. However since the potential to cause harm in cyberspace is real, the states cannot leave the domain ungoverned. Therefore, the proponents of the Western model do exercise some degree of sovereignty over cyberspace within their borders but it is largely in contrast to the tight control exercised by the statist and controlled model, spearheaded by China and Russia. The latter model advocates for a closed version of the internet bound by territorial borders along with authoritarian control over the flow of information.

Interestingly, not every state can be easily categorized into either of these groups. Some states either lack the capacity or an interest to implement one of the model. Tim Maurer et al. in a seminal paper identifies such states as the “swing states”. They are undecided on either of the models but have the capacity to influence global conversations due to their mixed political orientations and resources. Swing states and the influence they wield in shaping the trajectory of the international process is not the focus of this post but will be explored in a future blog post.

Cyber Crime: The Menace of Internet Era

While the internet has huge potential to enable development of states on many fronts, it can also be used for criminal purposes. Cybercrime is one of the most daunting challenges of the internet era. Technological advancements that enable unique features like anonymity in cyberspace make cybercrimes less risky with the potential to provide high returns, making it all the more appealing to various actors. The growing number of internet users and connected devices increases the number of possible targets. Examples include Stuxnet, a malware that targeted the Iranian nuclear facility, and Wannacry, a ransomware attack that affected computers worldwide. In 2018, the Chief of United Nations Office on Drugs and Crime (UNODC) pointed out that cyber crimes are estimated to generate revenue of approximately $1.5trillion per year. Despite cyber crimes proliferating rapidly, law enforcement agencies have not been able to keep up the pace resulting in an enforcement gap. The transnational nature of cyber crimes is one of the major difficulties faced by them. Due to its global nature, cyberspace provides a platform for criminals to commit crimes out of one state, which could have the potential to affect multiple victims in different states. This means investigations of such crimes involve questions of extra territorial jurisdictions and increased cooperation between authorities of different states, creating various complications. This, coupled with diverse types of actors such as states, non-state actors, and groups hired by either of the two further complicates the issue at hand.

The Convention on Cybercrime of the Council of Europe, known as the Budapest Convention, is the only international instrument currently in place that addresses the issue of cyber crime. Recognizing the paramount need for combating crimes, it criminalizes conduct that affects the “confidentiality, integrity, and availability of computer systems, networks, and computer data”. It covers a diverse rangeof issues ranging from illegal access, computer related fraud to child pornography. Furthermore, it serves as an instrument that facilitates greater cooperation among states to enable better detection, investigation, and prosecution of cyber crimes.

The wide division of opinions on internet governance is also mirrored in the debate on how to effectively tackle the issue of cybercrime. This led to a recent development in last year’s General Assembly in the form of a Russian-led resolution on cybercrime. The resolution proposes the establishment of a committee of experts to draft a new cybercrime treaty that would replace the convention. Considering the fact that Russia has been a strong advocate of a Leviathan model of internet, the proposed treaty would in most likelihood embrace principles of sovereignty and non-interference while dealing with cyber crimes.

With the resolution passing the final vote at the UN General Assembly, the proponents of the convention are met with a time bound challenge to come up with innovative approaches to convince more states to join their side.

The Budapest Convention v. The Russian Resolution

The Budapest Convention has met with multiple criticisms, the major one being that it is a West drafted treaty with hardly any involvement of the developing countries. It’s also argued that as the treaty is almost two decades old, its provisions are too outdated to deal with evolving crimes. Furthermore, it is criticized for the vagueness of some of its provisions, which allow governments to bifurcate their obligations, and thereby hinders the effective implementation of the treaty. For example, the MLA regime of the treaty is often cited as ineffective as it does not command firm cooperation from parties by providing them grounds to refuse the same.

Despite being imperfect, a realistic analysis of the convention would reveal that it is the best instrument at hand to deal with cyber crimes. The convention, establishing common standards for its signatories, along with the Cybercrime Convention Committee (the “Committee”) that oversees its implementation and Programme Office on Cyber Crime (the “C-PROC”) dedicated towards capacity building, provides a dynamic framework for effectively tackling cybercrimes. The Committee ensures that the convention is adapted to address evolving crimes such as denial of service attacks and identity thefts, which did not exist at the time the convention was adopted, by issuing guidance notes and draft protocols. Similarly on the issue of procedural law, despite new developments such as cloud servers, the Committee is actively working on addressing the complicated challenges posed by it. It has proposed an additional protocol to specifically deal with access to evidence in the cloud by facilitating more efficient mutual legal assistance amongst the signatories and direct cooperation with service providers, while striking a balance between rule of law and human rights. The protocol if adopted would not only aid in the law enforcement process but would also have a major impact on how the international community perceives sovereignty in cyberspace. Furthermore, The C-PROC through its various capacity building initiatives such as strengthening of the legislations along the lines of rule of law and human rights, training of relevant authorities, promotion of public-private partnerships and international cooperation strengthens the ability of states to deal with cyber crimes.

While the international community is unable to arrive at a consensus on internet governance, with neither conglomerate of states acceding to the demands of the other, renewing global diplomatic negotiations on it might seem to be the best step. However a look at Russia’s resolution and its draft cyber crime convention would indicate that it might not be the appropriate solution to the problem at hand. The resolution as well as the draft convention, which is supposed to serve as a framework for the treaty, are drafted without due regard for human rights concerns. A mere reference to human rights, requiring use of ICTs to be in compliance with human rights and fundamental freedoms, is insufficient to safeguard it while combating cyber crimes. Primarily, the language used in the resolution is vague.It fails to define “use of information and communication technologies for criminal purposes". It mentions both cyber enabled crimes such as use of ICTs for trafficking as well as cyber crimes that could detrimentally affect “critical infrastructures of states and enterprises” and “well-being of individuals”. Such broad wording is highly problematic as it vests immense powers at the hands of the state to criminalize even ordinary online behaviour that is detrimental to its interests. In fact, such practices are already in existence around the world where we see governments clamping down on human rights activists, journalists, and civil society for expressing their opinions that are critical of the government in the online space. Numerous examples of such authoritarian actions include internet shutdowns, blocking of websites, which have become the trend around the world. While legislations curbing cyber crimes are quintessential to ensure a safe and secure cyberspace, arbitrary use of it, as is widely observed, today can have chilling effects on exercising rights in the online domain. Furthermore, combating a complex issue like cyber crime, which involves questions of technicalities, laws, and human rights, requires concerted efforts from various stakeholders including civil society and private sector. It is only through such multistakeholder endeavors that we can curb the use of ICTs for criminal purposes without hindering human rights. Therefore an ad hoc intergovernmental group of experts, as proposed by the resolution, is not the appropriate body to develop an international treaty on cyber crimes.

In short, the resolution and the draft convention are proposing a Leviathan model vesting state with excessive control over the internet. In practice, it would bear resemblance to the “sovereign internet law” of Russia and the “Golden Shield Project” of China. Such models are widely criticized for eschewing democratic principles in the name of ensuring security of the state from cyber attacks. For instance, the “sovereign internet law” mandates installation of technical equipments for counteracting threats to stability, security, and functional integrity of the internet.” The law, therefore, allows the government to prevent any communication that challenges its interests. A past attempt by the Russian government to block Telegram, is an example of the same. Furthermore, in the event of a “threat”, the law provides for routing of traffic solely through networks located within Russia, thereby allowing isolation of the national network and centralized control over it by the state. It paves the way for creation of digital borders, premised on the principle of state sovereignty. The “Great Firewall of China”, a part of the “Golden Shield Project”, is the most appropriate depiction of internet sovereignty. The Firewall serves as a system of surveillance that vests the government with complete control over all incoming and outgoing information over the Chinese networks. Any new domain has to obtain prior approval from the government before becoming accessible on the Chinese internet. When it comes to the question of human rights, a mere search for the term “democracy” in a search engine is blocked. The resolution by leaving the question of what amounts to use of ICTs for criminal purposes open-ended creates the danger of exercising of similar excessive powers by the states that could impinge upon fundamental human rights. The draft convention already incorporates the principle of state sovereignty. If adopted, it comes with the risk of us seeing the likes of Chinese model of the internet in greater numbers.

The convention is not perfect but we should be realistic and not expect one treaty to solve all problems at a go. The convention, coupled with its follow-up and capacity-building mechanisms are making positive developments in addressing evolving cyber threats while promoting a global and open internet . With as many as 65 parties and many using it as the model for their national cyber crime legislation, a new treaty to address cyber crimes pose the risk of hindering the developments made by the convention so far especially in the international cooperation front. Concerted efforts to improvise the convention are more practical than developing a new international framework, especially when the probability of reaching a consensus is almost nil.

India and the Budapest Convention: To Ratify or Not

Despite cybersecurity being a major concern and occupying a central place in its overall internet governance policy, India has surprisingly not yet become a party to the convention. It has even amended its Informational Technology Act, 2008 along the lines of the convention. India’s reluctance to sign, notwithstanding the convention’s potential to aid it in addressing its concerns in the cyber front especially with regard to jurisdictional issues while tackling cyber crimes, warrants an analysis.

One of the widely cited reasons for the reluctance is the non-inclusion of India and other developing countries in the drafting stage. However choosing to stand on the sidelines merely because of non-inclusion in the initial negotiations might not be the wisest move especially since the convention addresses matters that are of extreme importance to India. Ratifying the treaty even at a later stage would still enable it to participate in further evolution of the convention, which could outweigh this concern. Another major concern for India is that terrorism, considering how cyberspace has enlarged its scope and reach, does not find any mention in the substantive law of the convention. However the procedural provisions of the convention apply to any criminal offence committed with the aid of a computer, including terrorism. But it is often argued that the MLA regime is not sufficiently firm to facilitate cooperation. While it is true that the process has to be made more efficient, the Committee along with the Cloud Evidence Group is actively working on addressing its shortcomings. Finally, controversial provision-Ar.32, on cross border access to data- is also a cause for concern for India. The Guidance Notes issued by the Committee, however, clarifies the limited scope of the article thereby addressing the privacy and data protection concerns raised against it.

The convention is still evolving and is constantly being reviewed to make it more effective. Therefore India has to ask itself the question whether it wants to stand on the sidelines and observe the developments or if it should partake in shaping its progress. Currently, it is the only instrument in place that provides a legal framework for facilitating cooperation on cyber crime investigations amongst various jurisdictions. Considering that India has already embarked on a “Digital India” initiative, which in most likelihood will be accompanied by a spike in cyber crimes, it is the need of the hour to ratify the convention.

Elizabeth Dominic is a lawyer and a tech-policy researcher. Her work focuses on the intersection of law and technology and human rights, particularly on the applicability of current international legal frameworks to cyberspace and emerging technologies. Previously, she has worked at the Centre for Communication Governance and at IT for Change.

This post was reviewed and edited by Aman Nair,Amber Sinha and Arindrajit Basu

For more details visit https://cis-india.org/internet-governance/blog/the-debate-over-internet-governance-and-cyber-crimes-west-vs-the-rest

The Data Revolution and education post-2015: Considering the promise and the risks

praskrishna — 2015-05-07T06:41:56Z

In August 2014, the secretary-general of the United Nations established the Independent Expert Advisory Group on a Data Revolution for Sustainable Development.

The blog post by Joshua Muskin was published in Brookings on March 31, 2015. Sumandro Chattapadhyay gave his inputs.

This group was charged with evaluating the global state of data and deriving recommendations that permit data to live up to their potential as “the lifeblood of decision-making and the raw material for accountability.” The resulting report, A World that Counts, posits that “Governments, companies, researchers and citizen groups are in a ferment of experimentation, innovation and adaptation to the new world of data, a world in which data are bigger, faster and more detailed than ever before.” This, they assert, “is the Data Revolution.”

Central to the group’s arguments is the assertion that data are and must be treated as a “public good.” Implicit is the notion that all data are good and that more data are “gooder.” Certainly there is much to laud and anticipate in the report’s definition of the Data Revolution and its recommendations. Perhaps most deserving of interest are the call for data that:

come “from other sources, such as qualitative data, citizen-generated data and perceptions data;”
are generated “from all parts of society;”
are “more detailed, timely and relevant;”
increase “usefulness...through a much greater degree of openness and transparency,” while “avoiding invasion of privacy and abuse of human rights;” and
lead to “more empowered people, better policies, better decisions and greater participation and accountability.”

come “from other sources, such as qualitative data, citizen-generated data and perceptions data;”are generated “from all parts of society;”are “more detailed, timely and relevant;”increase “usefulness...through a much greater degree of openness and transparency,” while “avoiding invasion of privacy and abuse of human rights;” andlead to “more empowered people, better policies, better decisions and greater participation and accountability.”

The blog entry by Joshua Muskin was published in Brookings on March 31, 2015. Sumandro Chattapadhyay was quoted.

What could go wrong?

Currently neck-deep in research on the use of student learning assessment data in education, I suggest that this implicit assumption and the promise of unwaveringly positive outcomes are not guaranteed. As we experience the emerging revolution, there is every reason to embrace this promise and to take up arms to ensure its fulfillment. But, as history shows, many a revolution has derailed, claiming the benefits of the rhetoric for a few while leaving many victims. While working towards the noble and indeed crucial aims laid out in the report, vigilance will be vital—as will very strategic action to ensure that the revolution does not veer away from its vision.

It is hardly the aim of this seemingly premature appeal to vigilance to unseat completely the objectives and recommendations of the Expert Advisory Group. (Indeed, the Data Revolution has barely launched, though its roots are already solidly planted, as evident in education in the surge of countries involved in international and national testing. See, for example, Benavot and Tanner, 2007.) Rather, in the spirit of Charles Tilly’s 1963 “Analysis of Counter-Revolution,” my goal is to remind all those ready to enlist in the revolution that this initiative does not necessarily “unite the people.” Regardless the document’s comprehensive and progressive appearance, there are many who take different positions, with some fearing what a reign of big data, irrespective of its origins and nature, will yield once it moves to implementation in its myriad forms and locations. While the document features the poor as a main beneficiary of the revolution, Neva Frecheville (2014), among others, notes the absence of low-income country representatives on the panel. Arguably more significantly, the emergence of citizen-led assessments in education may be perceived as a sort of reaction against the hegemony of centrally managed data regimes, taking control of the data by the local poor to ensure that its use fully serves this population. While the report embraces such initiatives, it would seem important to secure their independence, alert to the risk of a usurpation and hijacking of the mission, the program and the resulting information.

Sumandro Chattapadhyay, research director at the Centre for Internet and Society in New Delhi, has pointed in “An Open Data Agenda for post-2015 Sustainable Development Goals” to a few likely opportunities for the revolution to go awry once operating. For one, the modern technology thrust obvious in the report does not translate automatically into heightened generation, retrieval, or understanding of information for the world’s poor majority. Quite simply, this group does not have automatic access to either the modern modes of communication or the institutions by which the agents of the revolution will transmit the results. Two, come the revolution, there is on the one hand no obvious guarantee that data will supplant politics in policy and decision-making. Yet on the other, big data may provide an even bigger and potentially obfuscating weapon in the hands of politicians’ and other leaders, whether public or not. As one learns in Statistics 101, the same numbers can justify very different conclusions; and those who control the data usually control the story: information is power. Three, the push for standards and comparability in data risk negating or at least undervaluing the validity of non-standard idiosyncratic data and other information that may emerge at the local level and still have great worth; and sometimes be more meaningful, even if not “scientific.” Finally, Chattapadhyay asks “Who is empowered by using (opened up) data?,” warning that the “falling costs of collection and archiv[ing] of data... create strong attractions towards gathering as much data as possible without specific objectives for their collection.” Furthermore, the “...availability of data at a global scale has massive commercial value, [the] unlocking of which may [also] not necessarily lead to positive impacts.” The threats of such an outcome to privacy should be obvious and are widely documented (see, for example, this post from the MIT Big Data Initiative). The fact that in education we are dealing with children raises the danger of this prospect even higher (see, for example, the U.S. Student Data Privacy Act).

What does this mean for the education sector?

In a world where data are “bigger, faster and more detailed than ever,” what are the opportunities and vulnerabilities for the local actors to whom Chattapadhyay refers; in education, these comprise teachers, other “front-line” educators, and parents. This line of inquiry was also central to the analysis undertaken by the Learning Metrics Task Force Learning Champions at their February meeting in Kigali—the topic of a recent blog of mine.

There are many claims of data as a positive asset in education, and these are often matched by actual experience in many settings. Prominent are the impact of information on policy; on the allocation of resources (financial, material and human); on the validation, revision or termination of a particular strategy or initiative; and ultimately on strengthening quality and equity. At the school and classroom level, formative assessment (with feedback) is regarded by many—e.g., see Hattie (2011); Barber & Rivzi (2013), p.65; and Black & William, in Lucas, Claxton & Spencer (2009), p. 3—as the most robust factor in learning. It is a problem, though, that there is little evidence that system-level assessments have real “meaning for...teachers” (Long, Dunne & Mokoena, pg. 158) and that formative assessment is usually either poorly done or not at all (see Shiohata, 2015).

Three fears concerning the Data Revolution come quickly to mind, adding to those mentioned above like the privacy issue. One is that data on what is easily measurable in learning will overwhelm other aspects of information on education that are equally (or even more) essential, but are not easily measured, particularly in the classroom. Conversely, there is a strong risk of eschewing measures that can be both more accurate and more nuanced in the classroom, and therefore more useful in guiding learning. An example might be the assessment of personal competencies, such as creativity, curiosity, confidence, and collaboration. While possible to do, the methodological challenges of devising valid, standardized, and comparable assessment instruments for these are prodigious, particularly across cultures, and any measures would likely be difficult to interpret into pedagogic strategies. In contrast, a school-level inquiry by teachers into the characteristics, observation, and cultivation of these same traits can be very precise, strategic, and effective, especially when facilitated as captured in the OECD background paper by Lucas, Claxton and Spencer.

The third fear is that data will influence policy, planning, and practice to a degree that exceeds the reliability of the numbers and the “external validity” (see Rodrik) of their analysis—sometimes considerably. Such would be the case, as Rodrik explains, when applying the subject of a favorable randomized controlled trial from one setting to another. Related to this, an outsized faith in statistics or a reliance on overly sophisticated analyses—lured to the shoals by the siren song of what is possible—may simply undermine basic common sense; for example, can we not sometimes rely on a teacher to identify which students are struggling and need further help without imposing frequent, narrowly defined tests? (I am reminded of a pun shared by my Swiss friend, Pierre Jaccard, who reformulates the French phrase “panne d’essence”—a breakdown due to running out of gas—to indicate the all-too-frequent occurrence in policy circles of a “panne de sens,” or running out of common sense.)

Where I perceive “red flags” to arise and start flapping most frenetically around data regards its use. In particular, both the U.N. document and much of the discussion around student learning assessment highlight the value of data for central decision-making and policymaking: As stated in A World That Counts, “Without high-quality data providing the right information on the right things at the right time, designing, monitoring and evaluating effective policies becomes almost impossible.” The report hardly ignores local level actors and institutions—in education, the classroom, the school and parents—but this level is definitely under-represented and vaguer in terms of approach. But here is where the greatest clarity and strategic precision is required.

What the Data Revolution risks overlooking most are those education actors who are furthest from policy (even excellent policy), but upon whom positive outcomes ultimately depend. These are teachers, other educators, parents, and students. Even though the Advisory Group claims to speak on their behalf and to embrace them as part of the movement, are they really co-revolutionaries? While the citizen-led assessments clearly are eager to engage with the authorities, does their legitimacy and influence derive from their being fully within the system or, as I suggest above, does it exist because of their status as an honorable and powerful counter-balance? As politicians and policy leaders demand ever more and ever more sophisticated data, and as technology makes the collection, analysis, and dissemination of these data more elaborate and extensive, how great is the risk of overwhelming the capacity of classroom teachers, other local educators, parents, and other local institutions to absorb, let alone make sense of, the information and to use it appropriately and effectively? Are we running in the opposite direction of a solution to the oft-repeated issue of low-capacity with data, especially in the developing world? What does the Data Revolution furnish truly and directly to these critical actors in terms of information, resources, capacity, and authority to make decisions that improve teaching and learning for better education and to foster broader sustainable development outcomes?

The Data Revolution surely has much of vital importance to offer in gathering, organizing, and analyzing the vast array of information that relate to education and learning. As indicated above, the aim here is not to assail the expanded definition of data and their use per se. It is, however, an exhortation to gather, analyze, disseminate and use data on learning to inform decisions and actions that link directly to real education circumstances, challenges, and goals. The language of the Expert Group report claims this as its objective. The admonition addresses the need to be sure that this crucial dimension not get lost or overwhelmed in practice. So, as we hail the intent and elements of the Data Revolution and endeavor actively to attain its full promise, it will be vital to remain keenly vigilant and, if necessary, not to hesitate in summoning a counter-revolution in order to defend fully the ultimate goals: appropriate data in the service of all, including most critically the most marginalized of the world.

For more details visit https://cis-india.org/openness/news/data-revolution-and-education-post-2015

The Dangers Of Birdsong

praskrishna — 2014-02-12T10:29:10Z

Instant gratification? Social media can quickly turn the game into checkmate if you don’t keep your emotions in check.

Namrata Joshi's article was published in Outlook on January 25, 2014. Sunil Abraham is quoted.

“Woke up from a dream in which I had just learned that I was going to keep wickets for India. In my dream, I thought, let me share this news on Twitter. I didn’t, fearing I would be made a laughing stock.” These are few of a series of stream of consciousness tweets about a dream posted this Monday by author-academician Amitava Kumar. Tweets that don’t just have to do with dreaming of a personal achievement, but also about tweeting it. “Twitter has invaded even our sleeping life,” says Amitava on an e-mail but also admits that he didn’t think for a moment that he was sharing something private in a public place while tweeting his reverie. “Instead, perhaps, I was seeking a private connection with a lot of readers.” Which he did rustle up in good measure. He followed it up by tweeting a picture of his son with him, taken by his 10-year-old daughter Ila, as a homage to a similar photostream by author- photographer-art historian Teju Cole.

Amitava’s unfussy and creative candidness about tweeting things personal, which he prefers to see as “grappling with a form of writing” came in the wake of a weekend of vigorous debate on how social media platforms were bringing the private under unblinking public scrutiny—the immediate hook being the sudden, tragic death of Sunanda Pushkar after her no-holds-barred Twitter war with Pakistani journalist Mehr Tarar (over the latter’s alleged liaison with her husband Shashi Tharoor, which was consumed with much amusement by their vicarious, at times vicious, followers). The Tharoor incident is not a stand-alone case. Be it a confidentiality clause or diplomatic tact, a professional decision or personal affair or even a death of someone close to you, social media has become a stage to play out the classified and the confidential (see infographic) by the celebrities and the aam aadmi alike. The payback? Spats, comebacks, breakdowns, meltdowns, resignations, embarrassments, humiliations, kerfuffles....

And it’s not something confined to India alone. “US Congressman Anthony Weiner’s tweet of his, let’s call it, torso, to a young woman in Seattle is perhaps the most egregious example of a US politician behaving badly online,” says Amitava. No surprise then that Weiner became a butt of late-night comedy shows.

But the larger question here is why. Why this urge and urgency to share it all? What is it about a platform like Twitter or Facebook that makes people bare and dare? Is it that the immediacy, speed and reach allows them the easiest way to extend the boundaries of their secluded, lonely lives, get instant attention and fan the curiosity of someone out there who they don’t even know? And why is propriety and moderation getting thrown out of the window in the world of virtual exchanges? Adman-columnist Santosh Desai calls Twitter a “broadcast system to the universe”. The tweets are often “thought bubbles”, “something you mutter” without a full sense of what public means. “The spur of the moment opinion or feeling acquires public currency,” he says. “The unraveling of the human being, the opening up of the closed box then becomes a new source of stimulation and pleasure,” he says. “I sometimes wonder how we shared before Twitter. We talk about what we like, don’t like at the drop of a hat. At times you are vulnerable and vent things out without an agenda and without knowing the repercussions. We creative bunch are like that,” says popular actress Divya Dutta.

According to Sunil Abraham, executive director of the Centre for Internet and Society, Bangalore, private information is a currency in the global attention economy. “One of the many ways of climbing the attention economy is to divulge private information. Those in public life like filmstars and socialites understand this completely and exploit all traditional broadcast channels and contemporary multicast channels like social media to amass public attention,” he says. Look closely and the online space is no different from the real. There are as many exceptions as there are rules. So for every exhibitionist handle that exploits our latent voyeurism, there is a Natasha Badhwar, one of the most life-affirming presences on Twitter. For her, like Amitava, sharing is a mode of expression. “Sharing gives us agency. We take back the power to tell our story, express our views, share our version in our own words,” she says. According to her, “honest” sharing fuels empathy. “It is contagious, it makes the reader want to share too,” she says. And from that sharing could emerge a new pool of acquaintances, friends and well-wishers. It may not be a virtual escape from the real but a journey and connect back to the actual, an expansion of the human circle than a depletion of it.

But not all our friends and followers need necessarily be sympathetic. Often they are also brutally savage. “The anonymity allows people to say exactly what they want without considering the implications. They don’t realise that it’s not just a handle but a human being they are talking to,” says Nikhil Pahwa, founder of medianama.com. Amitava compares it to drone warfare. “The technology of remote destruction has introduced a new experience of war, and a new logic of killing. You can kill with greater abandon; you can strike in unexpected places; you are confronted with few consequences of your fatal mistakes. Similarly, Twitter allows a mode of social exchange with less culpability. There are very few consequences for trolls, but disastrous ones for their victims,” he says.

But surely that doesn’t mean that you blur all the lines between the private and the public? How to exercise caution? How much to open up (or not) and how much of your core to keep to yourself? Life, after all, is too complex and fragile for blame games and finger-pointing at social media alone. It’s those using it who need to own up. “People need to take responsibility for what they say. It’s like someone telling me how he was abused for 15 minutes on the phone when he could have easily cut the call,” says Nikhil Pahwa. “It’s a modern form of communication which you have to embrace but there’s a line you must draw. For instance, my wife and I never interact on FB or Twitter. I keep the family to myself. Jokes are fine but I don’t abuse or use swear words,” says actor Ashwin Mushran. “There has to be a sense of decorum. I won’t put out what I gossip about with my friends. I have no strategy but am guarded by my own belief system,” says actor Rajat Kapoor.

“It’s normal human nature to express. Be it anger or frustration, as a counsellor I tell people to not suppress emotions but some moderation and etiquette need to apply in cyber space,” says Mukta Puntambekar deputy director of Pune-based Muktangan Rehabilitation Centre. “You have to accept that your followers and friends will have access to details about you. You have to exercise discretion in saving something of yourself for yourself. There are areas that need not be opened up for all,” says actor-comedian Vir Das, who recently posted an open letter on FB—‘Twitter Bad? Facebook Evil? or We Stupid?’—on the pointlessness of blaming social media for the Tharoor family tragedy. To extend the argument further, and add another layer to it, aren’t we also living in times when privacy itself is evolving, asks Rajesh Lalwani, CEO of blogworks and a self-confessed people-watcher. “My grandmother would not even eat in public. But we eat in restaurants, on the streets,” he says.

Privacy is also becoming an ambiguous, vague and complex entity. Getting tagged in a friend’s photo compromises your privacy without your involvement or participation. “The line between private and public has mostly dissolved because of the temporal persistence of digital traces in cyberspace, the global nature of the network and the ubiquitous and pervasive surveillance state,” says Abraham. “On Twitter and FB, things get circulated...what we put up, whether it’s a tweet, an update or a picture, is permanent unlike memory,” says Desai. The digital trail stays online. “We are leaving our digital footprints behind. What we post might be easy but the implications of it are complicated,” says writer, filmmaker and media observer Amit Khanna.

According to him, there is a gap between the progression of technology and society. “There are newer windows but our minds are not growing apace to handle the connected world in a mature way,” he says. So one needs to be additionally circumspect about what we do online, how much of us we put out there. The ‘creative minds’ don’t see it as cut and dried. Natasha thinks that sharing can make people vulnerable to ridicule. “Confronting and embracing that vulnerability is the only way forward. These are not real fears to cling to, these are fears to shed as we grow and realise the extent of our individual power.” Amitava says he has seen several careers destroyed because of a single tweet. But he’d hate to back down and be cautious. As he puts it, “You’ve got to push the envelope and experiment with expression. I hope that when my wrong moment comes, people will be forgiving.” Amen to that.

For more details visit https://cis-india.org/news/outlook-namrata-joshi-january-25-2014-dangers-of-birdsong

The Curious Incidents on Matrimonial Websites in India

Abhimanyu Roy — 2016-08-30T10:52:50Z

This essay by Abhimanyu Roy is part of the 'Studying Internet in India' series. The author explores how the curious interplays between the arranged marriage market in India the rise of matrimonial sites such as Jeevansathi.com and Shaadi.com. The gravity of the impact that such web-based services have on the lives of users is substantially greater than most other everyday web-enabled transactions, such as an Uber ride or a Foodpanda order. From outright fraud to online harassment, newspaper back pages are filled with nightmare stories that begin on a matrimonial website. So much so that the Indian government has set up a panel to regulate matrimonial sites. The essay analyses the role of matrimonial websites in modern day India, and the challenges this awkward amalgamation of the internet and love gives rise to.

A successful marriage requires falling in love many times, always with the same person.
— Mignon McLaughlin [1]

People say ours is an arranged marriage. In a way, our meeting was arranged by our parents but eventually it was the two of us who decided on the marriage. We met and went out together for a few times. We dated for a while and then agreed to marry...
— Madhuri Dixit [2]

Mignon McLaughlin was a pioneer American journalist. Madhuri Dixit is one of the most popular Indian film actresses in recent memory. They are both women who have led very public lives and they have also had long and happy marriages. Yet, their quotes offer an insight into the very different ways in which they began their marital lives. Unlike the West, love is not inextricably linked to marriage in India. A number of factors such as class, race, caste and financial considerations come into the picture in matrimony – it is not far-fetched to think Ms. Dixit’s parents would not have introduced her to her future groom if he did not fulfill certain criteria.

This makes internet-enabled disruption extremely complex. Any system that aims to disrupt needs to take into consideration systemic elements. E.g. Uber needs to consider fuel prices, regulations, economic fluctuations and real-time demand while setting their prices. However, when unpredictable emotions, sociology and psychological states of not just the individuals involved in the union but also others such as their families come into the picture, things become incredibly complicated. This gives rise to a number of unwanted situations from fraud to blackmail. At the same time, websites such as Jeevansathi.com and Shaadi.com continue to gain more users – an indication that a lot of people have found their life partners on these platforms. To gain an understanding of this situation, let us first ask a question – who is the modern Indian?

Identity Crash

In their contribution to the 2002 book Building Virtual Communities, Dorian Wiszniewski and Richard Coyne first put forth the concept of the mask in the context of online interactions. The authors stated that idiosyncrasies of internet interactions – lack of physical presence, relative anonymity etc. – allowed individuals to reveal more about self-identity than conventional social interactions [3]. In particular, the authors point out that the choices that online contributors make regarding their profiles, style of writing and topics that they follow represent an ideal version of themselves as opposed to their offline social identity which depends more on the perceptions of others about the individual.

Perhaps no-where is this more evident than the modern online media landscape in India. A look at some of the most popular content on the Indian sub-sections of Buzzfeed, Huffington Post and YouTube presents a revealing picture of modern young India that runs counter to the conventional notion of family-centricity and social conservatism. Channels such as Being Indian on YouTube that has videos asking Bengaluru citizens about penis sizes and Mumbaikars on office romances, content produced by popular Buzzfeed authors such as Rega Jha and Sahil Rizwan and hard-hitting editorials from outlets such as Quartz and Huffington Post regarding love, marriage, sexuality and abuse reflect an undercurrent of social liberalism that is unseen in conventional social circles.

But for all that online liberalism, a 2013 survey commissioned by the Taj Group of Hotels and carried out by market research agency IPSOS revealed that 75% of Indians in the age group of 18 to 35 preferred arranged marriages [4]. What explains this apparent cognitive dissonance? A possible answer comes from a study commissioned by the UK government in 2013. The study called ‘What is the relationship between identities that people construct, express and consume online and those offline?’ posits that it is easier to deconstruct online identities compared to offline ones – upload pictures, share content, post status updates. The offline identity, on the other hand, has a sense of permanence associated with it and more difficult to rebuild. In clash between a malleable identity and a permanent one, the permanent one wins out [5].

This gives rise to an interesting conundrum – is it possible for one to take a decision for their offline identity based on information provided by someone who is representing their online self?

Shaadi

Anupam Mittal was working in a business intelligence firm in America during the dot com boom. Every year he used to visit his family back in India. On one of these visits in 1997, he had a chance meeting with a match-maker. After wriggling his way out of the encounter (there were many uncomfortable personal questions for his liking), he came up with an idea for a portal where prospective brides and grooms would be able to upload their profiles and cut out the middleman in India’s marriage ecosystem. This idea led to sagaai.com, which would eventually become shaadi.com [6].

By 2008, Shaadi.com was one of India’s five most popular websites. It had over 300 million page views each month and 6000 profiles were added every day [7]. Since then, the online matrimony market has become more segmented and numerous clones have cropped up – most notably, Jeevansaathi.com and BharatMatrimony.com. While this has somewhat taken the sheen off from Shaadi’s dominance, the portal still remains the market leader in India.

In the numerous interviews that Mittal has given since the launch of Shaadi, he always attributes the success of the portal to one attribute – it makes the process of marriage easier [8]. This statement, however simple it may seem on the surface, actually encompasses a number of factors – a wider pool of prospective spouses, circumventing match-makers, objective representation, and testimonials of satisfied clients. However, collating a large number of prospective brides and grooms and facilitating the union is not a new phenomenon. It has been around for years in India – centuries in fact.

For a very long time, parents who wanted their children to be wedded in India would contact a marriage broker. This individual (or in some cases, agency) would keep on record the details of a large number of prospective life partners. Thereafter, much like a recruitment agency, they would match the details to the request of their clients and arrange a meeting. As news media began to grow in prominence in the nation, matrimony-seekers started to find a way around marriage brokers. This led to the emergence of matrimonial ads in newspapers [9]. The main advantage that matrimonial ads had was that they allowed people access to a huge number of prospective spouses – a much larger pool than those of marriage brokers [10].

To understand why matrimonial websites supplanted both brokers and newspaper advertisements one has to look at the deficiencies in both systems. Brokers while primarily only facilitating introductions actually impact every facet of the wedding [11]. They would make the wedding arrangements, find the purohit (priest), fix the guest list, determine astrological suitability and (in the past) even negotiate the dowry. In each of these transactions, the broker has a profit motive, which is what makes brokers a very troubling medium – they have an incentive to do what is best for them and not for their clients. At its best, this might involve getting more expensive flowers for the ceremony. At its worst, they may knowingly push a bride into a marriage they know is unsuitable but would yield them greater profits.

Of course, if one wanted to not get into this system, they could always put out a matrimony ad in the newspaper. Except, the greatest advantage of matrimonial ads is also their greatest weakness. While it’s true that putting out an ad in a newspaper opened up a large number of choices for a man or woman, it also opened them up to the general public [12]. Instead of having a broker narrow down their options to a few people, the advertisers would now have to sift through a plethora of propositions – many of which they would never even consider. Shaadi was a game-changer in both these aspects. Customizability allowed users to pick and choose who was able to view their profiles on the website – thus eliminating solicitors who did not meet their criteria for a spouse [13]. At the same time, Shaadi’s revenue model limited its operations to only facilitating a meeting between the two parties. This kept in check the profit incentive that was inherent to brokers [14]. By identifying weak points in both models and catalyzing a beneficial change for the user, Shaadi.com (and other matrimonial websites) were able to gain a foothold in India’s marriage industry.

With over 2 million unions that were initiated online since the inception of Shaadi.com, it would seem as though online matrimony is a success [15]. However, there is a dark side to this phenomenon – a 2012 report by the Economic Times found that almost half the divorces in metros were by couples who met through a matrimony website. Unsurprisingly, the main reason for this was misrepresentation of details on online profiles [16].

While the increasing acceptance of online matrimony points to its popularity and the success of decision-making based on the representation of the self-identity of individuals, the high number of divorces suggests that there are clear gaps in the system that can lead to some very uncomfortable situations. An examination of the decision-making process for internet-based tractions is required to understand why online matrimony-seekers make the decisions that they do and the consequences of those choices when it comes to marriage.

Choices

Economic theory bases decision-making on the principle of utility maximization [17]. Fundamentally, given a set of choices we would pick the option that gives us the greatest benefit for the lowest cost. Individuals weigh benefits on a set of criteria that are subjective in nature and differ from person to person – Akash may like 2 chocolates and 1 ice cream for Rs. 10 but Megha might prefer 2 ice creams and 1 chocolate for Rs. 10 instead.

The basic assumption in this model is that the choices are well-defined, i.e. there is no hidden information that might change the decision-maker’s opinion. Any hidden information changes the context within which the decision is taken – Megha certainly would not prefer to have ice creams if it was very cold that day. This has serious implications for a medium where decision-making is governed by trust on the parties furnishing the decision-maker with the facts upon which to make their choice.

Although there are many factors upon which an online suitor would base their decision to pursue a potential spouse, evidence from the operation of matrimonial websites has found that there are actually six criterions that matter the most – education, religion, age, height, work area and caste.[18] Evidence about misrepresentation among these six factors in Indian matrimony is sparse. However, research into western dating websites suggests that most of the fudging tends to occur for height, age and weight [19]. It should come as no surprise that these are the hardest factors to verify – a bride’s family may ask to see proof of the groom’s employment and education but would think twice before asking to measure his height or test his age.

Ensuring honesty on a matrimonial website is a difficult proposition. The profile creators are governed by the same economic theory of decision-making that was laid out earlier. If a prospective suitor thinks he would get a better spouse by increasing their height by a couple of inches or decreasing their age by a few years, why wouldn’t they lie? On the operators’ end, verifying the truth behind any of the claims is also problematic – how do you gauge the veracity of someone’s age by a picture? The problem on the operators’ end goes much deeper though and this is where the situation starts to get murky.

While physical characteristics are the easiest ones to be deceptive about one can also lie about their educational and employment credentials. The mandate of matrimonial websites is to connect brides and grooms. The onus of verifying the truth behind the claims made by either party lies on the opposite group and not on the operators of the medium [20]. Besides, verifying whether someone went to a particular university or not or is employed in the same capacity as their claims requires resources that matrimonial websites do not possess. This gives rise to the most troubling aspect of such websites – fraud.

Deception

In 2014, a Mumbai-based woman met a man named Michael Williams who claimed to be based in the United Kingdom on BharatMatrimony.com. After some weeks of courtship, Williams had swept her off her feet. In late July of that year, he informed her that he would be visiting India but upon his arrival, he informed her that he had been detained by the customs department for carrying excessive foreign currency and would require an ‘anti-terrorist certificate’ in order to be allowed in the country. He asked her for some money – the customs department required Indian currency – and she obliged. However, after receiving her assistance she did not hear from him again. Williams had duped her out of 2.93 lakhs.

Upon contacting BharatMatrimony.com, the portal informed her that they had suspended Williams’ profile and the responsibility of verifying his claims lay with her. After a protracted legal case, the Mumbai High Court ruled that the portal was not liable for fraud [21].

This is not a unique case. Several cases of fraud, sexual abuse and harassment have occurred on matrimony websites [22]. Users have tried several mechanisms to verify the details that they are provided with on these sites. From asking probing questions to discern any possible duplicity to even hiring detectives to find the truth about their possible spouses and (more recently) checking social media profiles, men and women on matrimonial sites go to extreme lengths to determine the veracity of the information that they have been provided with [23]. However, not everyone is as vigilant and quite a few times terrible experiences ranging from theft to sexual assault have begun through a meeting on a matrimonial website [24] [25] [26].

The lack of clear regulation and policy coupled with India’s lax laws governing online transactions make it difficult to draw a line where the responsibility of the websites end and that of the users begin. Fortunately, this situation is changing.

Oversight

Governments in most countries have an unusually significant role to play in an institution that is supposed to be between two people. From inheritance laws to prohibition of certain types of unions – most prominently and controversially the Defense of Marriage Act in the United States – governments straddle a complicated middle ground between having too much influence in marital affairs to having too little.

Even so, the Indian government’s involvement in marriage in especially extensive. From anti-dowry legislation to prohibition of child marriage, the government has always had a vital role to play.

In November 2015, the Indian government decided to set up a panel that would make recommendations for the regulation of matrimonial websites in order to check abuse [27]. The initiative is an undertaking of the Women and Child Development (WCD) ministry. The panel consists of members from the WCD ministry, Home ministry and Department of Electronics and Information Technology along with representatives from matrimonial websites such as Shaadi.com and Jeevansathi.com. Ministry officials pointed out that the growing number of cases of fraud and abuse occurring on such websites was the prevailing reason for the formation of the panel.

In June 2016, the panel made its recommendations. It was now mandatory for websites to keep track of the IP addresses of its users. Documentation from users would now also be solicited to verify their identity and curb instances of fraud. Matrimonial websites are also required to now explicitly spell out that they are for matrimony and not for dating [28].

While the government has cited that these regulations are to protect users of these websites, the operators of these websites have so far declined to comment on the guidelines (at the time of writing of this essay, the full list of guidelines has not yet been made public and have not formally been presented to the operators of matrimonial websites) [29]. However, any protestations from operators notwithstanding, regulation will be an integral part of the future of matrimonial websites in India. This brings us to an important question – what indeed is the future of these websites? Will they withstand the crime that occurs on them or will they become an irreplaceable part of life in India?

Future

The online matrimony industry in India is estimated to be worth $225 million by 2017 [30]. In 2013 over 50 million new subscribers registered across these websites [31]. Despite, the stories of fraud and abuse that start on these portals and end in courts, matrimonial websites are growing and are here to stay.

Operators of these websites are undertaking various market development exercises to bring in new customers. The most visible of these is the segmentation of the market – BharatMatrimony and Shaadi, have launched a number of targeted community driven portals such as PunjabiMatrimony.com, EliteMatrimony.com, Bengalishaadi.com among others [32].

In an interview of February 2015, Gourav Rakshit Chief Operating Officer of Shaadi.com laid out operational changes that the market leader is contemplating implementing. To prevent deceptive information provided by users, stricter guidelines regarding the upload of photographs on the website are being implemented as well as the implementation of a screening procedure for profiles and the development of a stronger relationship with the cyber-crime branch of law enforcement agencies [33].

The final cog in the future of matrimony websites is technology. Mobile and real-time engagement strategies are being actively considered by these websites in their quest to drive up their user base and find new streams of revenue [34].

But this not where the journey of matrimony websites ends. As with every great voyage, its conclusion is the beginning of another great expedition. Just as Shaadi.com and others had rode the early wave of disruption in the Indian wedding industry, so too are a number of new and upcoming internet-based services. Companies such as 7Vachan, Big Indian Wedding and ShaadiMagic offer a host of options for banquet halls, priests, makeup artists, photographers etc. These startups simplify the long process that is planning an Indian wedding. Would-be brides and grooms or their families can easily connect with vendors, make their final choices and organize every aspect of the wedding in a pristine manner instead of the general chaos that ensues while planning a wedding. As these companies prove, the disruption of the wedding industry that was started by matrimonial websites will continue in the foreseeable future [35].

Conclusion

In the March 2005 issue of New York magazine, a New York-based author of Indian-origin chronicles her and her family’s trysts with arranged marriage [36]. The article titled ‘Is Arranged Marriage any worse than Craigslist?’ is an examination of the experiences of the Indian diaspora with an institution that is deeply ingrained in their identity. In it, the author recalls an experience from her childhood wherein she had fallen out of the window of their home as a baby and had broken her arm. According to her father, the primary concern of her mother was that they should never mention this incident to anyone as it would greatly increase the dowry her family would have to pay her husband. Aside from being an event that shows the contradictions that Indian expats face in a western countries, it also shows how deeply the institution of marriage is rooted in Indians’ identity.

According to UNICEF, 90% of marriages in India are arranged [37]. Parents center their children’s lives on the event right from the outset. To industrialize an environment that has such deep emotional connections within it is fraught with dangers and the online matrimony business has had to deal with fraud and abuse. But along the way, they have permanently disrupted the way Indians get married. The growing popularity of these websites are a testament not just to their efficacy but also to the spirit of a new India. Government intervention and the oversight of website operators is bringing about greater improvements in fraud detection and abuse prevention on these websites. As the market continues to evolve, bring in more users and cater to new audiences, online matrimony will continue to thrive in India for a very long time to come.

Endnotes

[1] Anonymous. (n.d.). Mignon McLaughlin. In Wikipedia. Retrieved July 31, 2016, from https://en.wikipedia.org/wiki/Mignon_McLaughlin.

[2] Anonymous. (n.d.). Madhuri Dixit Quotes. In BollyNook. Retrieved July 31, 2016, from http://www.bollynook.com/en/madhuri-dixit-quotes.

[3] Renninger, K. A., & Shumar, W. (2002). Building virtual communities: Learning and change in cyberspace. Cambridge University Press.

[4] IANS. (March 20, 2013). Indians swear by Arranged Marriage. In India Today. Retrieved July 31, 2016, from http://indiatoday.intoday.in/story/indians-swear-by-arranged-marriages/1/252496.html.

[5] Miller, D. (2012). What is the relationship between identities that people construct, express and consume online and those offline?.

[6] Anonymous. (May 11, 2012). Shaadi.com’s Anupam Mittal: A Bachelor Finds Success as an Online Matchmaker. In Knowledge@Wharton. Retrieved July 31, 2016, from http://knowledge.wharton.upenn.edu/article/shaadi-coms-anupam-mittal-a-bachelor-finds-success-as-an-online-matchmaker/.

[7] Challapalli, S. (October 2, 2008). Online matrimonial services open new tech fronts. In The Hindu Business Line. Retrieved July 31, 2016, from http://www.thehindubusinessline.com/todays-paper/online-matrimonial-services-open-new-tech-fronts/article1638067.ece.

[8] Pratap, R. (April 18, 2014). Right Click. In The Hindu Business Line. Retrieved July 31, 2016, from http://www.thehindubusinessline.com/blink/work/right-click/article5925468.ece.

[9] Anonymous. (March 2015). History of Matrimonial Sites. In HatkeShaadi. Retrieved August 24, 2016, from www.hatkeshaadi.com/blog/2015/03/history-of-matrimonial-sites/.

[10] Anonymous. (May 17, 2016). Are you contemplating Marriage? If Yes, Then Find A Soul-Mate via Amar Ujala. In myAdvtCorner.com. Retrieved August 24, 2016, from http://blog.myadvtcorner.com/matrimonial-newspaper-advertisement/are-you-contemplating-marriage-if-yes-then-find-a-soul-mate-via-amar-ujala/.

[11] Anonymous. (April 14, 2014). Matrimonial India sites are better than marriage brokers. In Bharat Bhasha. Retrieved August 24, 2016, from http://www.bharatbhasha.com/marriage.php/440432.

[12] Ahmed, A. (March 19, 2012). Online Matrimonial Sites versus Conventional Matrimonial Methods. In Bharat Bhasha. Retrieved August 24, 2016, from http://www.bharatbhasha.com/marriage.php/356114.

[13] Anonymous. (n.d.). Understand SimplyMarry Better. In SimplyMarry.com. Retrieved August 24, 2016, from http://www.simplymarry.com/matrimonial/faq.

[14] Anonymous. (April 14, 2014). Matrimonial India sites are better than marriage brokers. In Bharat Bhasha. Retrieved August 24, 2016, from http://www.bharatbhasha.com/marriage.php/440432.

[15] Albright, J. M., & Simmens, E. (2014). Flirting, Cheating, Dating, and Mating. The Oxford Handbook of Virtuality, 284.

[16] Julka, H. and Vishwanath, A. (June 26, 2013). Matrimony portals making serious efforts to counter rising tide of divorces, ensure lasting unions. In Economic Times. Retrieved July 31, 2016, from http://articles.economictimes.indiatimes.com/2013-06-26/news/40206906_1_portals-online-bharatmatrimony-com.

[17] Margalit, L. (July 4, 2014). The Rational Model and Online Decision Making. In Psychology Today. Retrieved July 31, 2016, from https://www.psychologytoday.com/blog/behind-online-behavior/201407/the-rational-model-and-online-decision-making.

[18] Anonymous. (May 11, 2012). Shaadi.com’s Anupam Mittal: A Bachelor Finds Success as an Online Matchmaker. In Knowledge@Wharton. Retrieved July 31, 2016, from http://knowledge.wharton.upenn.edu/article/shaadi-coms-anupam-mittal-a-bachelor-finds-success-as-an-online-matchmaker/.

[19] Hodge, G. (December 10, 2012). The Ugly Truth of Online Dating: Top 10 Lies Told by Internet Daters. In Huffington Post. Retrieved July 31, 2016, from http://www.huffingtonpost.in/entry/online-dating-lies_b_1930053.

[20] Dhawan, H. (February 2, 2016). ID proof may become mandatory for registering on Shaadi websites. In Times of India. Retrieved July 31, 2016, from http://timesofindia.indiatimes.com/tech/tech-news/ID-proof-may-become-mandatory-for-registering-on-Shaadi-websites/articleshow/50814355.cms.

[21] Khan, A. (March 29, 2015). HC quashes FIR filed by ‘duped’ woman against matrimonial site. In The Indian Express. Retrieved July 31, 2016, from http://indianexpress.com/article/cities/mumbai/hc-quashes-fir-filed-by-duped-woman-against-matrimonial-site/.

[22] Nair, S. (November 19, 2015). Government panel to check fraud on matrimonial websites. In The Indian Express. Retrieved July 31, 2016, from http://indianexpress.com/article/india/india-news-india/govt-panel-to-check-fraud-on-matrimonial-websites/.

[23] Hema. (September 15, 2012). Tips for assessing genuineness of a matrimonial profile. In Matrimonial Blog. Retrieved August 24, 2016, from http://matrimonialblog.com/general/2012/tips-for-assessing-genuineness-of-a-matrimonial-profile-stop-fraud/.

[24] Praveen, P. (July 11, 2015). The web of deceit. In Deccan Chronicle. Retrieved August 28, 2016, from http://www.deccanchronicle.com/150710/lifestyle-relationship/article/web-deceit.

[25] Aman, S. (November 24, 2014). Fraud and Cheats Rule Matrimonial Sites. In The New Indian Express. Retrieved August 28, 2016, from http://www.newindianexpress.com/cities/hyderabad/2014/11/24/Fraud-and-Cheats-Rule-Matrimonial-Sites/article2537595.ece.

[26] Ameer, T. (August 12, 2015). Matrimonial portals set to face the music over dubious profiles. In Millenium Post. Retrieved August 28, 2016, from http://millenniumpost.in/NewsContent.aspx?NID=145048.

[27] Philip, S. (June 3, 2016). No casual hookups on matrimonial sites as govt lays down rules. In Live Mint. Retrieved July 31, 2016, from http://www.livemint.com/Politics/1PFh6Uakl1mhEaQTxzGZuK/No-casual-hookups-on-matrimonial-sites-as-government-lays-do.html.

[28] Philip, S. (June 3, 2016). No casual hookups on matrimonial sites as govt lays down rules. In Live Mint. Retrieved July 31, 2016, from http://www.livemint.com/Politics/1PFh6Uakl1mhEaQTxzGZuK/No-casual-hookups-on-matrimonial-sites-as-government-lays-do.html.

[29] Philip, S. (June 3, 2016). No casual hookups on matrimonial sites as govt lays down rules. In Live Mint. Retrieved July 31, 2016, from http://www.livemint.com/Politics/1PFh6Uakl1mhEaQTxzGZuK/No-casual-hookups-on-matrimonial-sites-as-government-lays-do.html.

[30] PTI. (December 17, 2013). Online matrimony business likely to touch Rs. 1,500 cr by 2017. In The Hindu Business Line. Retrieved July 31, 2016, from http://www.thehindubusinessline.com/info-tech/online-matrimony-business-likely-to-touch-rs-1500-cr-by-2017/article5470871.ece.

[31] Ganapathy, N. (June 15, 2016). More fraud cases as India embraces marriage sites. In Straits Times. Retrieved July 31, 2016, from http://www.straitstimes.com/asia/more-fraud-cases-as-india-embraces-marriage-sites.

[32] afaqs! News Bureau. (September 9, 2009). Bharatmatrimony.com unveils 250 community based matrimonial sites. In afaqs!. Retrieved July 31, 2016, from http://www.afaqs.com/news/story/24904_Bharatmatrimonycom-unveils-250-community-based-matrimonial-sites.

[33] Nair, S. (February 16, 2015). Mobile will disrupt matrimonial space in India, says Gourav Rakshit of Shaadi.com. In First Post. Retrieved July 31, 2016, from http://www.firstpost.com/business/corporate-business/mobile-will-disrupt-matrimonial-space-in-india-says-gourav-rakshit-of-shaadi-com-2097637.html.

[34] Nair, S. (February 16, 2015). Mobile will disrupt matrimonial space in India, says Gourav Rakshit of Shaadi.com. In First Post. Retrieved July 31, 2016, from http://www.firstpost.com/business/corporate-business/mobile-will-disrupt-matrimonial-space-in-india-says-gourav-rakshit-of-shaadi-com-2097637.html.

[35] Soni, S. (September 19, 2015). The great Indian wedding is now an online affair . In Entrepreneur India. Retrieved August 24, 2016, from https://www.entrepreneur.com/article/250863.

[36] Jain, A. (March 2005). Is Arranged Marriage Really Any Worse Than Craigslist?. In New York Magazine. Retrieved July 31, 2016, from http://nymag.com/nymetro/news/culture/features/11621/index1.html.

[37] Lai, J. (June 1, 2012). Arranged Marriage: CNN Examines The Age-Old Practice In India. In Huffington Post. Retrieved July 31, 2016, from http://www.huffingtonpost.in/entry/arranged-marriage_n_1560049.

Author's Profile

Abhimanyu Roy is a researcher who specializes in the social applications of emerging technologies for the urban poor. His work has been featured at conferences at MIT and the World Bank and in publications by Harvard University.

For more details visit https://cis-india.org/raw/the-curious-incidents-on-matrimonial-websites-in-india

The Curious Incident of the People at the Mall

nishant — 2008-12-14T12:13:09Z

The first flash mob in India, in 2003, though short-lived and quickly declared illegal, brought to fore the idea that technology is constructing new sites of defining public participation and citizenship rights, forcing the State to recognise them as political collectives. As India emerges as an ICT enabled emerging economy, new questions of citizenship, participatory politics, social networking, citizenship, and governance are being posed. In the telling of the story of the flash-mob, doing a historical review of technology and access, and doing a symptomatic reading of the subsequent events that followed the ban, this paper evaluates the different ways in which the techno-narratives of an ‘India Shining’ campaign of prosperity and economic growth, are accompanied by various spaces of political contestation, mobilisation and engagement that determine the new public spheres of exclusion, marked by the aesthetics of cyberspatial matrices and technology enabled conditions of governance.

For more details visit https://cis-india.org/publications-automated/cis/nishant/the%20curious%20incident%20of%20the%20people%20at%20the%20mall%20%20ACS%20Crossroads.pdf

The Creation of a Network for the Global South - A Literature Review

tanvi — 2016-02-04T13:13:20Z

I. Introduction

The organization of societies and states is predicated on the development of Information Technology and has begun to enable the construction of specialized networks. These networks aid in the mobilization of resources on a global platform.[1] There is a need for governance structures that embody this globalized thinking and adopt superior information technology devices to bridge gaps in the operation and participation of not only political functions but also economic processes and operations.[2] Currently, public institutions fall short of an optimum level of functioning simply because they lack the information, know-how and resources to respond effectively to this newly globalized and economically liberalized world order. Civil society is beginning to seek a greater participatory voice in both policy making and ideating, which require public institutions to institute a method of allowing this participation while at the same time retaining the crux of their functions and processes. The network society thus requires, As argued by Castells, a new methodology of social structuring, one amalgamating the analysis of social structure and social action within the same overarching framework.[3] This Network propounds itself as a 'dynamic, self-evolving structure, which, powered by information technology and communicating with the same digital language, can grow, and include all social expressions, compatible with each network's goals. Networks increase their value exponentially through their contribution to human resources, markets, raw materials and other such components of production and distribution.' [4]

As noted by Kevin Kelly,' The Atom is the past. The symbol of science for the next century is the dynamical Net.…Whereas the Atom represents clean simplicity, the Net channels the messy power of complexity. The only organization capable of nonprejudiced growth or unguided learning is a network. All other topologies limit what can happen. A network swarm is all edges and therefore open ended any way you come at it. Indeed the network is the least structured organization that can be said to have any structure at all. ..In fact a plurality of truly divergent components can only remain coherent in a network. No other arrangement - chain, pyramid, tree, circle, hub - can contain true diversity working as a whole .'[5]

A network therefore is integral to the facilitation, coordination and advocacy of different agenda within a singular framework, which seeks to formulate suitable responses to a wide range of problems across regions. An ideal model of a network would therefore be one that is reflective of the interconnectivity between relationships, strengthened by effective communication and based on a strong foundation of trust.

The most powerful element of a network is however the idea of a common purpose. The pursuit is towards similar ends and therefore the interconnected web of support it offers is in realization of a singular goal,

II. Evolution of the Network

There are certain norms that must be incorporated for a network to be able to work at its best. Robert Chambers, in his book, Whose Reality Counts? Identifies these norms and postulates their extension to every form of a network, in order to capture its creative spirit and aid in the realization of its goals.[6] A network should therefore ideally foster four fundamental elements in order to inculcate an environment of trust, encouragement and the overall actualization of its purpose. These elements are; Diversity or the encouragement of a multitude of narratives from diverse sources, Dynamism or the ability of participants to retain their individual identities while maintaining a facilitative structure, Democracy or an equitable system of decision making to enable an efficient working of the net and finally, Decentralization or the feasibility of enjoying local specifics on a global platform.[7]

In order to attain these ideal elements it is integral to strengthen certain aspects of the practice through performing specific and focused functions, these include making sure of a clear broad consensus, which ensures the co-joining of a common purpose. Additionally, centralization, in the form of an overarching set of rules must be kept to a minimum, in order to facilitate a greater level of flexibility while still providing the necessary support structure. The building of trust and solid relationships between participants is prioritized to enhance creative ideation in a supportive environment. Joint activities, more than being output oriented are seen as the knots that tie together the entire web of support. Input and participation are the foremost objectives of the network, in keeping with the understanding that "contribution brings gain". [8]

Significant management issues that plague networks include the practical aspects of bringing the network into function through efficient leadership and the consolidation of a common vision. A balanced approach would entail a common consultation on the goals of the network, the sources of funding and an agreed upon structure within which the network would operate. It is also important to create alliances outside of the sector of familiarity and ensure an inclusive environment for members across regions, allowing them to retain their localized individuality while affording them with a global platform. [9]

III. Structure

The structural informality of a network is essential to its sustenance. Networks must therefore ensure that they embody a non-hierarchized structure, devoid of bureaucratic interferences and insulated from a centralized system of control and supervision. This requires an internal system of checks and balances, consisting of periodic reviews and assessments. Networks must therefore limit the powers of supervision of the secretariat. The secretariat must allow for the coordination of its activities and allocate appropriate areas of engagement according to the relative strength of the participating members.

One form of a network structure, postulated within a particular research study is the threads, knots and Nets model. [10] It consists of members within a network bound together by threads of relationship, communication and trust. These threads represent the commonality that binds together the participants of the particular network. The threads are established through common ideas and a voluntary participation in the process of communication and conflict resolution. [11]

The knots represent the combined activities which the participants engage in, with the common goal of realizing a singular purpose. These knots signify an optimum level of activity, wherein members of the network are able to support, inspire and confer tangible benefits onto each other. The net represents the entire structure of the network, which is constructed through a confluence of relationships and common activities. [12] The structure is autonomous in nature and allows participants to contribute without losing their individual identities. It is also dynamic and flexible; incorporating new elements with relative ease. It is therefore a collaboration which affords onto its members the opportunity to expand without losing its purpose. The maintenance of such a structure requires constant review and repair, with adequate awareness of weak links or "threads" and the capability and willingness to knot them together with new participants, thereby extending the net.

For example, the Global Alliance for Vaccines and Immunization used a system of organizational "milestones" to monitor the progress of the network and keep the network concentrated. It requires a sustained institutional effort to fulfill its mandate of "the right of every child to be protected against vaccine-preventable diseases" and brings together international organizations, civil society and private industry. [13] As postulated within the Critical Choices research study of the United Nations, clearly defined milestones are integral to sustaining an effective support mechanism for donors and ensuring that all relevant participants are on board. [14] This also allows for donors to be made aware of the tangible outcomes that have been achieved by the network. Interim goals that are achievable within a short span of time also afford a sense of legitimacy onto the network, allowing it to deliver on its mandate early on. Setting milestones would require an in depth focus and a nuanced understanding of specific aspects of larger problems and delivering early results on these problems would allow for a foundational base of trust, on the foundation of which, a possibly long drawn out consultative process can be fixed.[15]

A Network might often find alliances outside of its sector of operation. For example, Greenpeace was able to make its voice heard in International Climate Change negotiations by engaging with private insurance companies and enlisting their support.[16] The organization looked towards the private sector for support to mobilize resources and enlist the requisite expertise within their various projects. [17]

A. Funding

The financial support a network receives is essential for its sustenance. The initial seed money it receives can be obtained from a single source however, cross sectoral financing is necessary to build a consensus with regards to issues that may be a part of the network's mandate. The World Commission for Dams (WCD), for example, obtains funding from multiple sources in order to retain its credibility. The sources of funding of the WCD include government agencies, multilateral organizations, business associations, NGO's and Government Agencies, without a single donor contributing more than 10% of the total funding it receives.[18] However, the difficulty with this model of funding is the relative complexity in assimilating a number of smaller contributions, which may take away from its capacity to expand its reach and enhance the scope of its work. Cross sectoral funding is less of a fundamental requirement for networks whose primary mandate is implementation, such as The Global Environment Facility (GEF), whose legitimacy is derived from intergovernmental treaties and is therefore only funded by governments.[19] The GEF has only recently broadened its sources of funding to include external contributions from the private sector.

A network can also be funded through the objective it seeks to achieve through the course of its activities. For example, Rugmark an international initiative which seeks to mitigate the use of child labor in South Asia uses an external on site monitoring system to verify and provide labels certifying the production of carpets without the use of child labor.[20] The monitors of this system are trained by Rugmark and carpet producers have to sign a binding agreement, undertaking not to employ children below the age of 14 in order to receive the certification. The funds generated from these carpets, for the import of which American and European importers pay 1% of the import value, are used to provide rehabilitation and education facilities for the children in affected areas. The use of these funds is reported regularly. [21]

The funding must be sustained for a few years, which is a difficult task for networks that require an overall consensus of participants. The greatest outcomes of the network are not tangible solutions to the problem but the facilitation of an environment which allows stakeholders to derive a tangible solution. Thus, the elements of trust, communication and collaboration are integral to the efficient functioning of the network. However, the lack of tangible outcomes exposes the funders to financial risks. The best way to reduce such risks is to institute an uncompromising time limit for the initiative, within which it must achieve tangible results or solutions that can be implemented. A less stringent approach would be to incorporate a system of periodic review and assessment of the accomplishments of the network, subsequent to which further recommendations may be made for a further course of action.[22]

B. Relationships

A three year study conducted by Newell & Swan drew definitive conclusions with respect to the inter-organizational collaboration between participants within a network. The study determined that there currently exist three types of trust; Companion trust or the trust that exists within the goodwill and friendship between participants, Competence trust, wherein the competence of other participants to carry out the tasks assigned to them is agreed upon and lastly, Commitment trust or the trust which is predicated on contractual or inter-institutional that are agreed upon. [23] While companion and competence trust are easily identifiable, commitment trust is more subjective as it is determined by the agreement surrounding the core values and overall identifiable aims. Sheppard & Tuchinsky refer to an identification based trust which is based on a collective understanding of shared values. Such a trust requires significant investment but they argue, "The rewards are commensurably greater and the he benefits go beyond quantity, efficiency and flexibility." [24] Powell postulates, "Trust and other forms of social capital are moral resources that operate in fundamentally different manner than physical capital. The supply of trust increases, rather than decreases, with use: indeed, trust can be depleted if not used." [25]

Karl Wieck endorses the "maintenance of tight control values and beliefs which allow for local adaptation within centralized systems." [26] The autonomy that participants within a network enjoy is therefore considered to be close to sacred, so as to allow them to engage with each other on an equitable footing, while still maintain their individual identities. Freedman and Reynders believe that networks place a so called 'premium' on " the autonomy of those linked through the network…..networks provide a structure through which different groups - each with their own organizational styles, substantive priorities, and political strategies - can join together for common purposes that fill needs felt by each. "[27] Consequently, lower the level of centralized control within a network, the greater the requirement of trust. Allen Nan resonates with this idea, as is evident from her review of coordinating conflict resolution NGO's. She believes that these NGO's are most effective when " beginning with a loose voluntary association which grows through relationship building, gradually building more structure and authority as it develops. No NGO wants to give away its authority until it trusts a networking body of people that it knows. " [28]

C. Communication and Collaboration

The binding force that ties together any network is the importance of relationships between participants and their interactions with organizations outside the network. Research has shown that face to face interaction works best and although email may be practical, a face-to-face meeting at regular intervals builds a level of trust amongst participants. [29] It is however important to prevent network from turning into 'self-selecting oligarchies' and to prevent this, there needs to be a balance drawn between goodwill and the trust in others' competence along with a common understanding of differently hierarchized values. [30]

There is also an impending need to develop a relationship vocabulary, as suggested by Taylor, which would be of particular use within transnational networks and afford a deeper understanding of cross cultural relationships.[31]

D. Participation

A significant issue that networks today have to address is how to inculcate and then subsequently maintain participation in the activities of the network. This would include providing incentives to participants, encouraging diversity and enabling greater creative inflow across sectors to generate innovative output. Participation involves three fundamental elements; Action, which includes active contribution in the form of talking, listening, commenting, responding and sharing information, Process, which aids in an equitable system of decision making and constructing relationships and the underpinned values associated with these two elements, which include spreading equality, inculcating openness and including previously excluded communities or individuals. [32] Participation in itself envisages a three leveled definition; participation as a contribution, where people offer a tangible input, participation as an organization process, where people organize themselves to influence certain pre-existing processes and participation as a form of empowerment where people seek to gain power and authority from participating.

In order to create an autonomous system of evaluating and monitoring the nature and context of participation, a network would have to attempt to systematically incorporate a few fundamental processes, such as; enabling an understanding of the dynamism of a network through an established criteria of monitoring the levels of participation of the members, creating an explicit checklist of qualifications of this participation, such as the contributions of the participants, the limits of commitment and the available resources that must be shared and distributed, acknowledging the importance of relationships as fundamental to the success of any network., building a capacity for facilitative and shared leadership, tracing the changes that occur when the advocacy and lobbying activities of individuals are linked and using these individuals as participants who have the power to influence policy and development at various levels.[33] Finally, the recognition that utilizing the combined faculties of the network would aid in the effectuation of further change is vital to sustaining an active participation in the network.[34] It is common for networks to stagnate simply because of the lack of clarity on what a network really is or what it entails. There are significant misconceptions as to the activities engaged in by the network, such as the idea that a network "works solely as a resource center, to provide information, material and papers, rather than as forums for two way exchanges of information and experiences," contribute to the misunderstanding regarding the participation requirements within a network.[35] To facilitate an active, participatory function of learning, a network needs to be more than a resource center that seeks to meet the needs of beneficiaries. While meeting these needs is essential, development projects tend to obfuscate the benefit/input relationship within a network, thus significantly depleting its dynamism quotient. [36]

One method of moving away from the needs based model is to create a tripartite functionary, as was created within a particular research study. [37] This involves A Contributions Assessment, A Weaver's Triangle for Networks and An identification of channels of participation.

Contributions Assessment is an analysis of what the participants within a network are willing to contribute. It enables the network to assess what resources it has access to and how those resources may be distributes amongst the participants, multiplied or exchanged. [38] This system is predicated on a premise of assessing what participants have to offer as opposed to what they need. It challenges the long held notion of requiring an evaluation to identify problems, to address which recommendations are made and in fact seeks to focus on the moments of excellence and enable a discussion on the factors that contributed to these moments. [39] It thus places a value on the best of "what is" as opposed to trying to find a plausible "what ought to be". This approach allows participants to recognize that they are in fact the real "resource Centre" of the network and are encouraged act accordingly.

A Contributions Assessment may be practically incorporated through a few steps. It must be focused on the contributions, after a discussion on who the contributors may be. The aims of the network must be clarified, along with a specification of the contributions required such as perhaps newsletters, a conference, policy analysis etc. The members of the network must be clear on what they would like to contribute to the network and how such contribution might be delivered. Finally, the secretariat must be able to ideate or innovate on how it can enable more contributions from the networks in a more effective manner. [40]

The Weaver's Triangle has been adapted to be applies within networks and enables participants to understand what the aims and activities of the network are. It identifies the overall aim of the network and the change the network seeks to bring about to the status quo. It then lays out the objectives of the network in the form of specific statements about the said differences that the network seeks to bring about. Finally, the network would have to explain why a particular activity has been chosen. [41] The base of the triangle reflects the specific activities that the network seeks to engage in to achieve the said objectives. The triangle is further divided into two, to ensure that action aims and process aims have equal weightage; this allows for the facilitation of an exchange and a connection between the members of the network. [42]

The Circles of Participation is an idea that has been put forth by the Latin American and Caribbean Women's Health Network. (LACWHN). [43] This Network has three differentiated categories of membership, which it uses to determine the degree of commitment of an organization to the network. R- refers to the members who receive the women's health journal, P refers to members who actively participate in events and campaigns and who are advisors for specific topics. PP refers to the permanent participants within the network at national and international levels. They also receive a journal. This categorization allows the network to make an assessment of the dynamism and growth of a network, with members moving through the categories depending on their levels of participation. [44]

An important space for contributions to the network is the newsletter. This can be facilitated by allowing contributions from various sources, provided they meet the established quality checks, ensuring a balance between regions of origin of the members of the network, ensuring a balance between the policy and program activities of the members and keeping the centralized editorial process to a minimum. This is in keeping with the ideal of a decentralized system of expression that allows each member to retain its individuality while still contributing to the aims of the network. The Women's Global Network on Reproductive Rights (WGNRR) sought to create a similar system of publication to measure the success of their linkages, the levels of empowerment amongst members, in terms of strategizing and enabling localized action and the allocation of space in a fair and equitable manner. [45] Another Network, Creative Exchange customizes its information flow within the network so that each member only receives the information it expresses interest in.[46] This prevents the overburdening of members with unnecessary information.

The activities of the network which don't directly pass through the secretariat or the coordinator of the network can be monitored efficiently by keeping I close contact with new entrants to the network and capturing the essence of the activities that occur on the fringes of the network. This would allow an assessment of the diversity of the network. For example, Creative exchange sends out short follow up emails to determine the number and nature of contacts that have been made subsequent to a particular item in the newsletter. The UK Conflict Development and Peace Network (CODEP) records the newest subscribers to the network after every issue of their newsletter and AB Colombia sends out weekly news summaries electronically which are available for free to recipients who provide details of their professional engagements and why or how they wish to use these summaries. [47] This enables the mapping of the type of recipients the information reaches.

E. Leadership and Coordination

Sarason and Lorentz postulate four distinguishing characteristics that capture the creativity and expertise required by individuals leading and coordinating networks.[48] Knowledge of the territory or a broad understanding of the type of members, the resources available and the needs of the members is extremely important to facilitate an ideal environment of mutual trust and open dialogue between the members. Scanning the network for fluidity and assessing openings, making connections and innovating solutions would enable an efficient leadership that would contribute to the overall dynamism of the network. In addition to this, perceiving strengths and building on assets of existing resources would allow the network to capitalize on its strengths. Finally, the coordinators of a network must be a resource to all members of the network and thus enable them to create better and more efficient systems. They must therefore exercise their personal influence over members wherever required for the overall benefit of the network. Practically, a beneficial leadership would also require an inventive approach by providing fresh and interesting solutions to immediate problems. A sense of clarity, transparency and accountability would also encourage members of the network to participate more and engage with each other. It is important for the leadership within a network to deliver on expectations, while building consensus amongst its members.

A shared objective, a collaborative setting and a constant review of strategies is important to maintain linkages within a network. Responsible relationships underpinned by values and supported by flows of relevant information would allow an effective and fruitful analysis by those who are engaged within a network to do the relevant work. In addition to this, a respect for the autonomy of the network is essential.

F. Inclusion

Public policy networks are more often than not saturated with the economic and social elite from across the developed world. A network across the Global South would have to change this norm and extend its ambit of membership to grass root organizations, which might not have otherwise had the resources or the opportunity to be a part of a network.[49] Networks can achieve their long term goals only if they are driven by the willingness to include organizations from across economic demographics. This would ensure that their output is the result of a collaborative process that takes into account cross cultural norms and differentials across economic demographics.

The participation of diverse actors is reflective of the policy making processing having given due regard to on the ground realities and being sensitive towards the concerns of differently placed interest groups. Networks have been accused of catering only to the needs of industrial countries and subscribing to values of the global north thus stunting local development and enforcing double standards. This tarnishes the legitimacy of the processes inculcated within the network itself. It is therefore all the more essential that a network focused on the global south have a diverse collection of members from across backgrounds and economic contexts. Additionally, the accountability of the network to civil society is dependent on the nature of the links it maintains with the public. Inclusion thus fosters a sense of legitimacy and accountability. The inclusion of local institutions from the beginning would also increase the chances of the solutions provided by the network, being effectively implemented. Local inclusion affords a sense of responsibility and ensures that the network would remain sustainable in the long run. Allowing local stakeholders to take ownership of the network and participate in the formulation of policies, engage in planning and facilitate participation would enable an efficient addressing of significant public policy issues. [50] Thus networks would need to create avenues for participation of local institutions and civil society to engage in a democratic form of decision making.

III. Evaluation

The process of evaluation of a network is most efficiently effectuated through a checklist that has been formulated within a research study for the purpose of evaluating its own network. [51]

This checklist enumerates the various elements that have to be taken into consideration while evaluating the success of a network, as follows;

FIG 1.[52]

1. What is a network? 'Networks are energising and depend crucially on the motivation of members' (Networks for Development, 2000:35) This definition is one that is broadly shared across the literature, although it is more detailed than some. A network has: A common purpose derived from shared perceived need for action Clear objectives and focus A non-hierarchical structure A network encourages Voluntary participation and commitment The input of resources by members for benefit of all A network provides Benefit derived from participation and linking 2. What does a network do? Facilitate shared space for exchange, learning, development - the capacity-building aspect Act for change in areas where none of members is working in systematic way - the advocacy, lobbying and campaigning aspect Include a range of stakeholders - the diversity/ broad-reach aspect 3. What are the guiding principles and values? Collaborative action Respect for diversity Enabling marginalised voices to be heard Acknowledgement of power differences, and commitment to equality 4. How do we do what we do, in accordance with our principles and values? Building Participation Knowing the membership, what each can put in, and what each seeks to gain Valuing what people can put in Making it possible for them to do so Seeking commitment to a minimum contribution Ensuring membership is appropriate to the purpose and tasks Encouraging members to be realistic about what they can give Ensuring access to decision-making and opportunities to reflect on achievements Keeping internal structural and governance requirements to a necessary minimum. Building Relationships and Trust Spending time on members getting to know each other, especially face-to-face Coordination point/secretariat has relationship-building as vital part of work Members/secretariat build relations with others outside network - strategic individuals and institutions Facilitative Leadership (may be one person, or rotating, or a team) Emphasis on quality of input rather than control Knowledgeable about issues, context and opportunities, Enabling members to contribute and participate Defining a vision and articulating aims Balancing the creation of forward momentum and action, with generating consensus Understanding the dynamics of conflict and how to transform relations Promoting regular monitoring and participatory evaluation Have the minimum structure and rules necessary to do the work. Ensure governance is light, not strangling.Give members space to be dynamic Encourage all those who can make a contribution to the overall goal to do so, even if it is small. Working toward decentralised and democratic governance At the centre, make only the decisions that are vital to continued functioning. Push decision-making outwards. Ensure that those with least resources and power have the opportunity to participate in a meaningful way. Building Capacity Encourage all to share the expertise they have to offer. Seek out additional expertise that is missing. 5. What are the evaluation questions that we can ask about these generic qualities? How do each contribute to the achievement of your aims and objectives? Participation What are the differing levels or layers of participation across the network? Are people participating as much as they are able to and would like? Is the membership still appropriate to the work of the network? Purpose and membership may have evolved over time Are opportunities provided for participation in decision-making and reflection? What are the obstacles to participation that the network can do something about? Trust What is the level of trust between members? Between members and secretariat? What is the level of trust between non-governing and governing members? How do members perceive levels of trust to have changed over time? How does this differ in relation to different issues? What mechanisms are in place to enable trust to flourish? How might these be strengthened? Leadership Where is leadership located? Is there a good balance between consensus-building and action? Is there sufficient knowledge and analytical skill for the task? What kind of mechanism is in place to facilitate the resolution of conflicts? Structure and control How is the structure felt and experienced? Too loose, too tight, facilitating, strangling? Is the structure appropriate for the work of the network? How much decision-making goes on? Where are most decisions taken? Locally, centrally, not taken? How easy is it for change in the structure to take place? Diversity and dynamism How easy is it for members to contribute their ideas and follow-through on them? If you map the scope of the network through the membership, how far does it reach? Is this as broad as intended? Is it too broad for the work you are trying to do? Democracy What are the power relationships within the network? How do the powerful and less powerful interrelate? Who sets the objectives, has access to the resources, participates in the governance? Factors to bear in mind when assessing sustainability Change in key actors, internally or externally; succession planning is vital for those in central roles Achievement of lobbying targets or significant change in context leading to natural decline in energy; Burn out and declining sense of added value of network over and above every-day work. Membership in networks tends to be fluid. A small core group can be a worry if it does not change and renew itself over time, but snapshots of moments in a network's life can be misleading. In a flexible, responsive environment members will fade in and out depending on the 'fit' with their own priorities. Such changes may indicate dynamism rather than lack of focus. Decision-making and participation will be affected by the priorities and decision-making processes of members' own organisations. Over-reaching, or generating unrealistic expectations may drive people away Asking same core people to do more may diminish reach, reduce diversity and encourage burn-out

V. Learning and Recommendations

In order to facilitate the optimum working of a network several factors need to be taken into consideration and certain specific processes have to be incorporated into the regular functioning of the network. These are for example,

Ensuring that the evaluation of the network occurs at periodic intervals with the requisite level of attention to detail and efficiency to enable an in depth recalibration of the functions and processes of the network. To this effect, evaluation specialists must be engaged not just at times of crises or instability but as accompaniments to the various processes undertaken by the network. This would enable a holistic development of the network.
It is also important to understand the underlying values that define the unique nature of the network. The coordination of the network, its functions and its activities are intrinsically linked to these values and recognition of this element of the network would enable a greater functionality in the overall operation of the network.
A strong relationship between the members of the network, predicated on trust and open dialogue is essential for its efficient functioning. This would allow the accumulation of innovative ideas and dynamic thought to direct the future activities of the network.
The Secretariat or coordinator of the network must be able to engage the member in monitoring and evaluating the progress of the network. One method of enabling this coordination is through the institution of 'participant observer' methods at international conferences or meetings, which allow the members of the network to report back on the work that they have, which is linked to the work of other members.
The autonomy of a network and its decentralized mechanism of functioning are integral to retain the individuality of its members, who seek to pursue institutional objectives. The members seek to facilitate creative thinking and share ideas and this must be supported by financial resources. A strong bond of trust between the members of a network is therefore essential to enable long term commitments and the flourishing of interpersonal communication between members.
It is important that the subject area of operation of the network be comprehensively defined before the network comes into existence.
As seen with the experience of Canadian Knowledge Networks, it is beneficial to be selective in inviting participant to the network and following a rigorous process of review and selection would ensure that only the best candidates are selected so as to facilitate effective partnerships with other networks, as a result of demonstrable expertise within a particular field.
The management of a network must be disciplined, with clearly demarcated project deadlines and an optimum level of transparency and accountability. At the helm of leadership of every successful network, there has been intelligent, decisive and facilitative exchange, which is essential in securing a durable and potentially expandable space for the network to operate in.

A. Canadian Perspectives

A study of Canadian experiences was conducted by examining The Centers of Excellence and the Networks of Centers of Excellence (NCEs), which were funded through three Federal Granting Councils.[53] An initial observation that was made through the course of this study was that each network is intrinsically different and there is no uniform description which would fit all of them. The objectives of the Networks of Centers of Excellence Program are broadly, as follows; to encourage fundamental and applied research in fields which are critical to the economic development of Canada, to encourage the development and retention of world class scientists and engineers specializing in essential technologies, to manage multidisciplinary, cross sectoral national research programs which integrate stakeholder priorities through established partnerships and finally, to accelerate the exchange of research results within networks by accelerating technology transfers, made to users for social and economic development. [54] Extensive interviews carried out in the course of the research conducted by the ARA Consulting Group Inc. drew up particularly relevant conclusions with respect to the NCEs.

Firstly, they have been able to produce significant "cultural shifts" among the researchers associated with the network. This is attributed to the network facilitating a collaborative effort amongst researchers as opposed to their previous working, which was largely in isolation. The benefits of this collaboration have been identified as providing innovative ideas and leading the research itself in unprecedented directions. This has the effect of equipping Canada with the capability to compete on a global level with respect to its research endeavors. The culture shift has also allowed researchers to be more aware of the problems that plague industry and has instigated more in depth research into the development of the industrial sector. Government initiatives that have attempted to cohesively apply academic research to industry have had limited success. The NCE's however have managed to successfully disintegrate the barriers between these two seemingly disparate fields. This has resulted in a faster and more effective system of knowledge dissemination resulting in durable and self-sustaining economic development, which takes place at a faster rate. The NCE's have also been able to contribute to healthcare, wellness and overall sustainable development through their cross sectoral research approach, a model that can be used worldwide.

Another tangible effect has been that the relationship between industry and academic research is evolving into a positive and collaborative exchange, as opposed to the previous state which was largely isolationist, bordering on confrontational.[55] A possible cause of this is the increased representation of companies in the establishment of networks resulting in them influencing the course of research. This has not been met with any resistance from academic researchers who are driven by the imperative of an open publication. [56] Besides influencing the style of management, industrial representation has also brought about an increase in the level of private sector financial contributions made to NCEs. It is believed that these NCEs may even be able to support themselves in the next 7-8 years through the funding they receive from the commercialization of their research.

A third benefit that has emerged is the faster rate of production of new knowledge and innovative thinking. This is the result of collaborative techniques which is made more efficient through the use of modern technology. The increasing number of multi authored cross institutional scholarly publications made available by the NCE is evidentiary of this trend. The rate and quantity of technology transfers has also increased exponentially as a result of this. Knowledge networks also facilitate the mobilization of human resources and address cross disciplinary problems, resulting in an efficient and synergistic solutions. Their low cost, fast pace approach has been instrumental in constructing an understanding of and capacity to engage in sustainable development.

The significant contributions to sustainable development include the Canadian Genetic Diseases Network, which has discovered two specific genes that cause early onset Alzheimer's disease. The Sustainable Forest Management Network has claimed that its research does have a considerable level of influence on the industrial approach to sustainability. The Canadian Bacterial Disease Network conducts research on bacterially caused diseases which are mostly prevalent in developing countries, with a view to produce antibiotics and vaccines that may be able to successfully combat these vaccines. TeleLearning, another such network is working on the creation of software environments which will form the basis of technology based education in the future. [57] The greatest advantage of these knowledge networks is that they have been able to surpass traditional disciplinary barriers and have emerged at the forefront of interdisciplinary articulation, which is emerging as the path to breakthroughs in the fields of applied sciences and technology in the future. The NCE's have also been able to provide diverse working environments for graduate students, where they have been able to work under scientists associated with different specializations and across different departments. They have also been able to interact with government and industry representatives, giving them a far greater exposure of the field and equipping them to avail of a wide range of employment opportunities.

The corporate style of management incorporated within the NCEs encourages a sense of discipline and an enthusiasm for innovation. The Board of Directors at NCE's take on a perfunctory role and function as a typical corporate board. Researchers are therefore required to provide regular reports and meet deadlines to achieve predetermined goals that have been agreed upon. The new paradigm of sustainable development and the fluid transfer of knowledge requires this structure of management, even within a previously strictly academically oriented environment. NCEs have been incorporated as non-profit corporation for largely legal reasons such as the ownership of intellectual property.

The participation to these networks is restricted and is open only through an invitation, in the form of a submission of project proposals under a particular theme, with the final selection being made subject to a rigorous process of evaluation. This encourages the participants of the network to embody a degree of discipline and carry out their activities in a constructive, time bound manner.

B. Perceived Challenges

These knowledge networks, although extremely beneficial in the long run, do have certain specific issues that need to be addressed. Firstly, most formal knowledge networks do not have a formalized communication strategy. While they do make use of various forms of telecommunication, this communication is is no way formally directed or specific. Although some networks have managed to set up a directed communications strategy, supplemented by the involvement of specifically communications based networks (such as CANARIE) , there is still a long way to go in this area.

As is evident with most academic endeavors in recent years, efficient and sustained development both in terms of economy as well as self-sustenance, requires a smooth transitioning to a close collaboration with the industry. Although the NCE's have made progress in this area, a lesson that can be learnt from this is that knowledge networks do require a collaborative arrangement between researchers, the industry and the financial sector. [58] The nature of this collaboration cannot be predicted before tangible research outputs are developed that reflect the relevance of academia in the industrial and financial sectors. A particular network, PENCE has mandated that the boards of directors include a representative of the financial sector. This is a step forward in opening the doors to greater collaboration and mutually assured growth and sustainable development in both academia as well as the industrial and financial sectors.

As with all knowledge networks there is a continuous need for expansion of the focus areas to cover more fields and instigate research in neglected areas. The largest number of networks has been in the fields of healthcare and health associated work. However there is an impending need for networks to be established in other fields as well, such as those related to environmental issues, social dynamics and the general quality of life. [59]

The Canadian experience has resulted in a nuanced understanding of specific actions that need to be taken to strengthen knowledge networks across the spectrum. Firstly, there is an impending need to build new knowledge networks, which would be required to strengthen institutions upon which the networks are based. These include universities and research institutions, which have been weakened both financially and academically over the past few years. The NCE Program, on the face of it, seems to be strengthening universities, by attracting funding for research endeavors that would otherwise not be available to them. While this may be true, it tends to obfuscate the true nature of a university as an intellectual community, by portraying it as a funding source for research and equipment.[60] The deteriorating role of the university in fostering research and laying the foundation of an intellectual community can be reversed by the competition posed by the NCEs which tend to threaten its stature in the fields of multi-disciplinary and graduate institution. Another aspect that needs to be considered is the role of knowledge networks in fostering sustainable development not only on a national or regional scale but on a global level. This can be effectuated by allowing the amalgamation of the academia and industry through ample representation, a model that has proven to be effective within the NCEs. This is all the more relevant today where multinational corporations hold considerable sway over the global economy, so much so that the role of governments in regulating this economy is gradually decreasing. Multilateral investment treaties and agreements are reflective of this.

The final issue is that of the long standing debate between public good and proprietary knowledge. Canadian knowledge networks are of the opinion that knowledge must be freely disseminated. However, certain networks including the NCEs grant the exclusive right of the development and application of this knowledge to specific industry affiliates. On one hand this facilitates further investment into the research, which creates better products, new jobs and further social development. This is predicated on a fine balance of allowing this development without widening the already disparate socio-economic gaps that exist between developed and developing countries. Thus the balance between public good and propriety knowledge must be effectively managed by the regulatory role discharged by the governments and the decision making faculties of these knowledge networks. [61]

Establishing international linkages across networks based within different regions across the world would also be an effective means of ensuring effective partnerships and the creation of a new, self-sustaining structure. This would bring new prospects of funding into sustainable development activities and engage industrial affiliates with international development activities.

C. Donor Perspectives

The International Development Research Centre, based in Canada has also been instrumental in the setting up of support structures for networks. The IDRC has remained consistent in its emphasis of networks as mechanisms of linking scientists engaged in similar problems across the globe instead of as mechanisms to fund research in countries. This has afforded the IDRC with a greater level of flexibility in responding to the needs of developing countries as well as responding to the financial pressures within Canada to deliver superior technical support with a reduction in overheads. The IDRC sees networking an indispensable aspect of scientific pursuit and technological adaptation in the most effective manner. It is currently supporting four specific types of networks; horizontal networks which link together institutions with similar areas of specialization, vertical networks which work on disparate aspects of the same problem of different but interrelated problems, information networks which provide a centralized form of information service to members, which enables them to exchange information in the manner necessary and finally training networks which provide supervisory services to independent participants within the network.[62]

(I) Internal Evaluations

There is an outstanding need to monitor visits that are undertaken by the coordinator or the specific representatives of the member or donor as applicable. This would expedite the process of identifying problems and aid in deriving tangible solutions in an efficient manner. The criteria for the assessment would vary depending on the goals of the organization. Donors may pose questions with respect to the cost effectiveness of a particular pattern of research and may seek a formal report regarding this aspect. A more extensive model of donor evaluations may even include assessments with respect to the monitoring and coordination of specific functions.

(II) External Evaluations

A system of external evaluation would be useful with assessing data with respect to the operations of programs and their objectives. This would engage newer participants by injecting newer ideas and insights into the management and scope of the network. The most extensive method of network evaluation was one that was postulated by Valverde [63] and reviewed by Faris [64]. It aimed to draw an analysis of particular constraints and specific elements that would influence the execution of network programs. This method identifies a list of threats, opportunities, strengths and weaknesses which would inform future recommendations. The Valverde method makes use of both formal as well as informal data which is varied depending on the type of network and the management structure it employs.[65]

(III) Financial Viability

A network almost always requires external resources to aid in the setting up and coordination of its activities. Donor agencies must recognize the long term commitment that is required in this respect. It is therefore essential that the period for which this funding will be made available be clarified at the outset, to leave agencies with ample time to plan for the possibility of cessation of external financial support. [66] As concluded from the findings of the research study, although most networks are offered external support, it is primarily technology transfer and information networks that have been able to generate the bulk of funding in this respect. They have been able to obtain this financial assistance from a variety of sources including participating organizations as well as governments. [67] The funding for purely research networks however are inconsistent and the networks would have to plan in advance for a possible cessation of financial support.[68]

(IV) Adaptability

From the perspective of donors, the degree of adaptability and level of responsiveness of a particular network is especially relevant in assessing the coordination, control and leadership of a particular network. A network that is plagued by ineffective leadership and the lack of coordination is unable to adapt to changing circumstances and meet the needs of its participants. A combination of collaborative effort, a localized approach and far-sighted leadership instills in the participants of the network a sense of comfort in its processes and in the donors a faith in its ability to address topical issues and remain relevant.

(V) The Exchange of Information

As noted by Akhtar, a network is created to respond to the growing need to improve channels of information exchange and communication. [69] Information needs to be tailored to suit its users and must be disseminated accordingly. The study conducted has concluded that information networks that are engaged in the transfer of technology are inefficient in disseminating internally derived information and recognizing the needs of their users.[70] Given that these networks are especially user oriented this systemic failure is extremely problematic. There is also a need to review the mechanism of transferring strategic research techniques and the approaches employed in dealing with developing countries. Special attention must be paid to the beneficiaries of a particular network so that the research conducted is directed towards that particular demographic. This is especially relevant for information networks, which from the evaluation; appear to be generating data but not considering who would be using these services.[71]

(VI) Capacity Building

Facilitating the training of individuals both on a formal and informal level has led to an enhance level of research and reporting, as well as the designing of projects. There is however a need to tailor this training to suit the needs of the participants of a particular network. Networks which have been able to provide inputs which are not ordinarily locally provided have instigated the establishment of national and regional institutions. [72]

(VII) Cost Effectiveness

It is important to note however that networks need to employ the most cost effective mechanism of delivering support services to national programs. A network must work in a manner that allows for enough individual enterprise but at the same time follows a collaborative model to generate more effective and relevant research within a short span of time and through the utilization of minimum resources. The Caribbean Technology Consultation Services (CTCS) for example was found to be far more cost effective and in fact 50% cheaper than the services of the United Nations Industrial Development Organization. [73] Similarly, the evaluators of the LAAN found that funding a network was significantly cheaper than finding individual research projects.[74]

[1] Castells, Manuel (2000) "Toward a Sociology of the Network Society" Contemporary Sociology, Vol

29 (5) p693-699

[2] Reinicke, Wolfgang H & Francis Deng, et al (2000) Critical Choices: The United Nations, Networks

and the Future of Global Governance IDRC, Ottawa

[3] Supra ., n.1, p.697

[4] Ibid

[5] Supra n.1, p.61

[6] Chambers, Robert (1997) Whose Reality Counts? Putting the First Last Intermediate Technology

Publications, London

[7] Ibid

[8] Chisholm, Rupert. F (1998) Developing Network Organizations: Learning from Practice and Theory

Addison Wesley

[9] Brown, L. David. 1993. "Development Bridging Organizations and Strategic

Management for Social Change." Advances in Strategic Management 9.

[10] Madeline Church et al, Participation, Relationships and Dynamic change: New Thinking On Evaluating The Work Of International Networks Development Planning Unit, University College London (2002), p. 16

[11] Ibid

[12] Ibid

[13] Reinicke, Wolfgang H & Francis Deng, et al (2000) Critical Choices: The United Nations, Networks

and the Future of Global Governance IDRC, Ottawa, p.61

[14] Ibid

[15] Ibid

[16] Supra n.13, p. 65

[17] Ibid

[18] Supra n. 13, p. 62

[19] Ibid

[20] Supra n. 13, p. 63

[21] Ibid

[22] Supra n. 13, p. 64

[23] Newell, Sue & Jacky Swan (2000) "Trust and Inter-organizational Networking" in Human Relations,

Vol 53 (10)

[24] Sheppard, Blair H & Marla Tuchinsky (1996) "Micro-OB and the Network Organisation" in Kramer, R.

And Tyler T. (eds) Trust in Organisations, Sage

[25] Powell, Walter W (1996) "Trust-based forms of governance" in Kramer, R. And Tyler T. (eds) Trust in

Organisations , Sage

[26] Stern, Elliot (2001) "Evaluating Partnerships: Developing a Theory Based Framework", Paper for

European Evaluation Society Conference 2001, Tavistock Institute

[27] Freedman, Lynn & Jan Reynders (1999) Developing New Criteria for Evaluating Networks in Karl, M.

(ed) Measuring the Immeasurable: Planning Monitoring and Evaluation of Networks, WFS

[28] Allen Nan, Susan (1999) "Effective Networking for Conflict Transformation" Draft Paper for

International Alert./UNHCR Working Group on Conflict Management and Prevention

[29] Supra n. 10, p. 20

[30] Ibid

[31] Taylor, James, (2000) "So Now They Are Going To Measure Empowerment!", paper for INTRAC 4th

International Workshop on the Evaluation of Social Development, Oxford, April

[32] Karl, Marilee (2000) Monitoring And Evaluating Stakeholder Participation In Agriculture And Rural

Development Projects: A Literature Review, FAO

[33] Supra n. 10, p.25

[34] Ibid

[35] Supra n. 10, p. 26

[36] Ibid

[37] Supra n. 10, p.27

[38] Ludema, James D, David L Cooperrider & Frank J Barrett (2001) "Appreciative Inquiry: the Power of

the Unconditional Positive Question" in Reason, P. & Bradbury, H. (eds) Handbook of Action

Research , Sage

[39] Ibid

[40] Supra n. 10, p. 29

[41] Ibid

[42] Ibid

[43] Sida (2000) Webs Women Weave, Sweden, 131-135

[44] Ibid

[45] Dutting, Gisela & Martha de la Fuente (1999) "Contextualising our Experiences: Monitoring and

Evaluation in the Women's Global Network for Reproductive Rights" in Karl, M. (ed) Measuring the

Immeasurable: Planning Monitoring and Evaluation of Networks , WFS

[46] Supra n. 10, p. 30

[47] Supra n. 10, p. 32

[48] Allen Nan, Susan (1999) "Effective Networking for Conflict Transformation" Draft Paper for

International Alert./UNHCR Working Group on Conflict Management and Prevention

[49] Supra n. 13, p. 67

[50] Supra n. 13, 68

[51] Supra n 10, 36

[52] See Madeline Church et al, Participation, Relationships and Dynamic change: New Thinking On Evaluating The Work Of International Networks Development Planning Unit, University College London (2002), p. 36-37

[53] The three granting councils are: the Natural Sciences and Engineering Research Council (NSERC),

the Social Sciences and Humanities Research Council (SSHRC), and the Medical Research Council

(MRC).

[54] Howard C. Clark, Formal Knowledge Networks: A Study of Canadian Experiences, International Institute for Sustainable Development 1998, p. 16

[55] Ibid, p. 18

[56] Ibid, p. 18

[57] Ibid, p. 19

[58] Ibid , p 21

[59] Ibid , p. 22

[60] Ibid, p. 31

[61] Ibid

[62] Terry Smutylo and Saidou Koala, Research Networks: Evolution and Evaluation from a Donor's Perspective, p. 232

[63] Valverde, C. 1988, Agricultural research networking : Development and evaluation, International Services for National Agricultural Research, The Hague, Netherlands. Staff Notes (18-26 November 1988)

[64] Faris, D.G 1991, Agricultural research networks as development tools: Views of a network coordinator, IDRC, Ottawa, Canada, and International Crops Research Institute for the Semi-Arid Tropic, Patancheru, Andhra Pradesh, India

[65] Supra n. 62

[66] Terry Smutylo and Saidou Koala, Research Networks: Evolution and Evaluation from a Donor's Perspective, p. 233

[67] ibid

[68] Ibid

[69] Akhtar, S. 1990. Regional Information Networks : Some Lessons from Latin America. Information Development 6 (1) : 35-42

[70] Ibid, p. 242

[71] Ibid, p. 242

[72] Ibid., p. 243

[73] Stanley, J.L and Elwela, S.S.B 1988, Evaluation report for the Caribbean Technology Consultancy Services (CTCS), CTCS Network Project (1985-1988) IDRC Ottawa, Canada

[74] Moreau,L. 1991, Evaluation of Latin American Aqualculture Network. IDRC, Ottawa, Canada

For more details visit https://cis-india.org/internet-governance/blog/the-creation-of-a-network-for-the-global-south-a-literature-review

The Coming Telecom Monopoly

Shyam Ponappa — 2012-05-24T07:36:55Z

The 2G judgment and Trai spectrum pricing recommendations have led to a policy that makes sense for only one survivor.

Shyam Ponappa's column was published in the Business Standard on May 3, 2012

The Telecom Regulatory Authority of India, or Trai, has delivered a stunning blow to the telecom sector in the form of its spectrum pricing and refarming recommendations. The sector was already reeling from scandals and misgovernance, and staggered by a confused Supreme Court judgment based on inappropriate assumptions (for details, see “Time for a review”, March 1, 2012, and “Open access is the future,” March 4, 2012). This will cripple an erstwhile sunrise sector that drove (and still can) India’s prosperity through productivity, enabling many factors to converge positively — such as its economic momentum, enterprise, resilience and, most important, a demographic bulge that could become a blessing or a curse. This convergence was (and is) possible because of the enabling ability of telecom and broadband to provide access to education, vocational training and continuing education; health care and other public services; and commerce, including the delivery of individual output, within easy reach. All this is stalled, as we deliberately disembowel ourselves, as it were.

If Trai’s recommendations are implemented, they will ensure that a lone survivor dominates the sector, annihilating all significant competitors – Bharti, Vodafone, Idea, Tata, and newcomers like Telenor and Sistema – through their having to pay exorbitant fees just to keep their current business going, even without expansion. That is, provided the lawsuits that are likely to follow don’t obliterate everything for the next 10 years.

Are these setbacks happenstance, heaven-sent, or acts of man? Analysing the components shows that much is attributable to the machinations of men, although rendered by different individuals or groups under varying compulsions. The afflictions that began with cronyism and misgovernance have been aggravated by a judgment based on misapprehensions regarding: (a) spectrum technology; (b) the economics of auctions and; (c) competition in network economies.

In trying to get at the corrupt nexus of corporations, politicians, bureaucrats, and just plain crooked people, indiscriminate zealotry is destroying legitimate enterprise. The judgment lumps the guilty with the circumstantially proximate. Coupled with defining auctions as best for the public interest, this set the stage for what has followed. The furore over corruption and the Anna Hazare movement ensure that any objective recommendation would come under fire, with a mobocracy baying for revenge.

Is being deprived of ubiquitous, reasonably-priced broadband so devastating? Yes, because of broadband’s great potential in India’s vastness for enabling people at relatively low cost, compared with, say, fixing energy supply, or sanitation and water, or roads, or growing food. All these are necessary; but broadband is much easier to achieve, at lower cost, and would bring it all more easily within our grasp, especially in rural areas.

Performance

Some question the beneficial effect of revenue sharing from the National Telecom Policy, 1999, (NTP-99) suggesting the sector might have done as well or better without the change. Pakistan is cited as an example for growth with auctions. Consider the performance of the sector in both countries.

Chart 1 - Mobile Subscriptions (Millions) 2003-2010

(The third line shows India’s numbers reduced to 70 per cent, reflecting an estimate of live subscriptions.)

Chart 2 shows the percentage of population served. Pakistan’s coverage grew

Chart 2: Percent Population Covered

Sources: India – TRAI; PIB; http://en.wikipedia.org/wiki/Telecommunications_Statistics_in_India
Pakistan - http://www.pta.gov.pk/index.php

rapidly until about 60 per cent, then tapered off. India started more gradually before accelerating to 60 per cent a couple of years later, and kept going. In March 2011, both were around 70 per cent. At the end of December 2011, India was at 76.86 per cent.

However, there are two major differences. One is the scale of India’s operations. Sheer magnitude makes for much greater complexity, and the achievement is therefore remarkable. The second is the significantly higher government levies in India. India’s telecom sector is perhaps the world’s most heavily burdened, with government collections higher than in Pakistan by 15 to 24 per cent of revenues.* (Compared with China,where government charges are only 3.5 per cent, India’s levies are even more grossly out of line.) Had Indian enterprises not had this burden, it’s conceivable they might have had the capacity and stomach to effectively address rural coverage, especially with the right incentives.

Achieving Ubiquitous Broadband

Now consider what needs doing for countrywide access to broadband, and what odds have to be overcome. First, there’s the addition necessary to rural and semi-urban networks, where almost three times the existing coverage is needed. Much of this needs wireless access. This is why spectrum pricing critically affects outcomes. Many people in India harp on a litany of sunk-costs-not-affecting-tariffs, oblivious to the vast deficiency in network coverage, ie, areas and people without access. It’s like arguing over pricing without any production plant or products. Without capital investments in network coverage, there can be no services, nor any tariffs, high or low. There is little doubt of the effects of high spectrum and licence fees: these needs remain unmet. Hence the low rural teledensity of under 39 per cent at the end of February 2012, with urban coverage at nearly 170 per cent, and overall teledensity at 78 per cent. Separately, there’s the issue of inadequate incentives for broadband delivery.

Statements from Trai and the Department of Telecommunications about the spectrum pricing recommendations being reasonable because of the revenue potential simply don’t add up. Their projections are based on a fantasy of booming growth (like the Budget projection of 7.6 per cent GDP growth, but even more exaggerated). Whereas the combined effect of the scam and its fallout, sentiment, momentum, and misguided efforts at tax-gouging will ensure that telecom revenue growth is no more than a stunted five to seven per cent, at best. No bank will lend seven-year funds in such uncertain circumstances to what was once a sunrise sector — but is now like heavy infrastructure, with a need for 20-year financing. Add the costs and difficulty of refarming the 900 MHz spectrum, and one has to wonder: who is going to bid, and why? It makes sense only for one survivor. All this is aside from the extension of subsidised non-performance at the PSUs, instead of transforming them into anchors of an open-access national network.

For more details visit https://cis-india.org/telecom/coming-telecom-monopoly