Centre for Internet and Society

The Body in Cyberspace

nishant — 2014-05-13T10:13:22Z

Perhaps one of the most interesting histories of the cyberspace has been its relationship with the body. Beginning with the meatspace-cyberspace divide that Gibson introduces, the question of our bodies’ relationship with the internet has been hugely contested. There have been some very polarized debates around this question.

Where are we when we are online? Are we the person in the chair behind an interface? Are we the avatar in a social networking site interacting with somebody else? Are we a set of data running through the atmosphere? Are we us? Are we dogs? These are tantalising and teasing questions.

Early debates around the body-technology questions were polarized. There were people who offered that the cyberspace is a virtual space. What happens in that make-believe, performative space does not have any direct connections with who we are and how we live. They insisted that the cyberspace is essentially a performance space, and just like acting in a movie does not make us the character, all our interactions on the internet are also performances. The idea of a virtual body or a digital self were proposed, thinking of the digital as an extension of who we are – as a space that we occupy to perform different identities and then get on with our real lives.

Sherry Turkle, in her book Life on the Screen, was the first one to question this binary between the body and the digital self. Working closely with the first users of the online virtual reality worlds called Multiple User Dungeons, Turkle notes how being online started producing a different way of thinking about who we are and how we relate to the world around us. She indicates three different ways in which this re-thinking happens. The first, is at the level of language. She noticed how the users were beginning to think of their lives and their social relationships through the metaphors that they were using in the online world. So, for instance, people often thought of life through the metaphor of windows – being able to open multiple windows, performing multiple tasks and identities and ‘recycling’ them in their everyday life. Similarly, people saying that they are ‘low on bandwidth’ when they don’t have enough time and attention to devote to something, or thinking about the need to ‘upgrade’ our senses. We also are quite used to the idea that memory is something that resides on a chip and that computing is what machines do. These slippages in language, where we start attributing the machine characteristics to human beings are the first sign of understanding the human-technological relationship and history.

The second slippage is when the user start thinking of the avatars as human. We are quite used to, in our deep web lives, to think of machines as having agency. Our avatars act. Things that we do on the internet perform more actions than we have control of – a hashtag that we start on twitter gets used and responded to by others and takes on a life of its own. We live with sapient technologies – machines that care, artificial intelligence algorithms that customise search results for us, scripts and bots that protect us from malware and viruses. We haven’t attributed these kinds of human agencies to machines and technologies in the past. However, within the digital world, there is a complex network of actors, where all the actors are not always human. Bruno Latour, a philosopher of science and technology, posits in his ‘Actor Network Theory’ that the emergence of these non-human actors has helped us understand that we are not only dependent on machines and technologies for our everyday survival, but that many tasks that we had thought of as ‘human’ are actually performed, and performed better by these technologies. Hence, we have come to care for our machines and we also think of them as companions and have intimate relationships with them. And the machines, even as they make themselves invisible, start becoming more personal.

The third slippage that Turkle points out is the way in which the boundaries between the interior and the exterior were dissolved in the accounts of the users’ narratives of their digital adventures. There is a very simplistic understanding that what is human is inside us, it is sacred and organic and emotional. Earlier representational technology products like cinema, books, TV etc. have emphasised this distinction between real life and reel life. No actor is punished for the crime they commit in the narrative of a film. It is not very often that an author claims to be the character in a book. We have always had a very strong sense of distinction between the real person and the fictional person. But within the virtual reality worlds, these distinctions seem to dematerialize. The users not only thought of their avatars as human but also experienced the emotions, frustrations, excitement and joy that their characters were simulating for them. And what is more important, they claimed these experiences for themselves.

Namita Malhotra, who is a legal scholar and a visual artist, in her monograph on Pleasure, Porn and the Law, looks at the way in which we are in a process of data-stripping – constant revelation of our deepest darkest secrets and desires, within the user generated content rubric. Looking at the low-res, grainy videos on sites like YouTube and Vimeo, which have almost no narrative content and are often empty of sexual content, produce all of us in a global orgiastic setting, where our bodies are being extended beyond ourselves. In the monograph, Malhotra argues that the Internet is not merely an extension but almost like a third skin that we wear around ourselves – it is a wrapper, but it is tied, through ligaments and tendons, to the flesh and bone of our being, and often things that we do online, even when they are not sexual in nature, can become pornographic. Conversely, the physical connections that we have are now being made photographically and visually available in byte sized morsels, turned into a twitpic, available to be shared virally, and disseminated using mobile applications, thus making our bodies escape the biological containers that we occupy but also simultaneously marks our bodies through all these adventures that we have on the digital infobahn.

Case Study: A Rape in Cyberspace
A contemporary of Sherry Turkle, Julian Dibbell, in his celebrated account of ‘A Rape in Cyberspace’[1] describes a case-study that corroborates many of the observations that Turkle posits. Dibbell analyses a particular incident that occurred one night in a special kind of MUD – LambdaMOO (MUD, Object-Oriented) – which was run by the Xerox Research Corporations. A MUD, is a text-based virtual reality space of fluid dimensions and purposes, where users could create avatars of themselves in textual representations. Actions and interactions within the MUD are also in long running scripts of texts. Of course, technically all this means that a specially designed database gives users the vivid impression of their own presence and the impression of moving through physical spaces that actually exists as descriptive data on some remotely located servers. When users log into LambdaMoo, the program presents them with a brief textual description of one of the rooms (the coat closet) in the fictional database mansion. If the user wants to navigate, s/he can enter a command to move in a particular direction and the database replaces the original description with new ones, corresponding to the room located in the direction s/he chose. When the new description scrolls across the user’s screen, it lists not only the fixed features of the room but all its contents at that moment – including things (tools, toys, weapons), as well as other avatars (each character over which s/he has sole control). For the database program that powers the MOO, all of these entities are simply subprograms or data structures which are allowed to interact according to rules very roughly mimicking the laws of the physical world. Characters may leave the rooms in particular directions. If a character says or does something (as directed by its user), then the other users who are located in the same ‘geographical’ region within the MOO, see the output describing the utterance or action. As the different players create their own fantasy worlds, interacting and socialising, a steady script of text scrolls up a computer screen and narratives are produced. The avatars, as in Second Life or even on Social Networking Sites like Orkut, have the full freedom to define themselves, often declining the usual referents of gender, sexuality, and context to produce fantastical apparitions. It is in such an environment of free-floating fantasy and role-playing, of gaming and social interaction mediated by digital text-based avatars, that a ‘crime’ happened. Dibell goes on to give an account of events that unfolded that night. In the social lounge of LambdaMoo, which is generally the most populated of all the different nooks, corners, dimensions and rooms that users might have created for themselves, there appeared an avatar called Dr. Bungle. Dr. Bungle had created a particular program called Vodoo Doll, which allowed the creator to control avatars which were not his own, attributing to them involuntary actions for all the other players to watch, while the targeted avatars themselves remained helpless and unable to resist any of these moves. This Dr. Bungle, through his evil Vodoo Doll, took hold of two avatars – legba and Starsinger and started controlling them. He further proceeded to forcefully engage them in sexually violent, abusive, perverted and reluctant actions upon these two avatars. As the users behind both the avatars sent a series of invective and a desperate plea for help, even as other users in the room (# 17) watched, the Vodoo Doll made them enter into sexually degrading and extremely violent set of activities without their consent. The peals of his laughter were silenced only when a player with higher powers came and evicted Dr. Bungle from the Room # 17. As an eye-witness of the crime and a further interpolator with the different users then present, Dibbell affirms that most of the users were convinced that a crime had happened in the Virtual World of the digital Mansion. That a ‘virtual rape’ happened and was traumatic to the two users was not questioned. However, what this particular incident brought back into focus was the question of space. Dibbell suggests that what we had was a set of conflicting approaches to understand the particular phenomenon: Where virtual reality and its conventions would have us believe that legba and Starsinger were brutally raped in their own living room, here was the victim legba scolding Mr. Bungle for a breach of civility … [R]eal life, on the other hand, insists the incident was only an episode in a free-form version of Dungeons and Dragons, confined to the realm of the symbolic and at no point threatening any players life, limb, or material well-being…’ The meaning and the understanding of this particular incident and the responses that it elicited, lie in the ‘buzzing, dissonant gap’ between the perceived and experienced notion of Technosocial Space. The discussions that were initiated within the community asked many questions: If a crime had happened, where had the crime happened? Was the crime recognised by law? Are we responsible for our actions performed through a digital character on the cyberspaces? Is it an assault if it is just role playing? The lack of ‘whereness’ of the crime, or rather the placelessness of the crime made it especially more difficult to pin it to a particular body. The users who termed the event as rape had necessarily inverted the expected notion of digital space as predicated upon and imitative of physical space; they had in fact done the exact opposite and exposed digital spaces as not only ‘bleeding into reality’ but also a constitutive part of the physical spaces. Their Technosocial Space was not the space of the LambdaMoo Room # 17 but the physical locations (and thus the bodies, rather than the avatars) of the players involved. However, this blurring was not to make an easy resolution of complex metaphysical questions. This blurring was to demonstrate, more than ever, that the actions and pseudonymous performances or narratives which are produced in the digital world are not as dissociated from the ‘Real’ as we had always imagined. More importantly, the notional simulation of place or a reference to the physical place is not just a symbolic gesture but has material ramifications and practices. As Dibell notes in his lyrical style. ‘Months later, the woman in Seattle would confide to me that as she wrote those words posttraumatic tears were streaming down her face — a real-life fact that should suffice to prove that the words’ emotional content was no mere playacting. The precise tenor of that content, however, its mingling of murderous rage and eyeball-rolling annoyance, was a curious amalgam that neither the RL nor the VL facts alone can quite account for.’ The eventual decision to ‘toad’ Dr. Bungle – to condemn him to a digital death (a death only as notional as his crime) and his reappearance as another character take up the rest of Dibbell’s argument. Dibbell is more interested in looking at how a civil society emerged, formed its own ways of governance and established the space of LamdaMOO as more than just an emotional experience or extension; as a legitimate place which is almost as much, if not more real, than the physical places that we occupy in our daily material practices. Dibbell’s moving account of the entire incident and the following events leading the final ‘death’ and ‘reincarnation’ has now been extrapolated to make some very significant and insightful theorisations of the notions of the body and its representations online. Exercise: Based on this case-study, break into small groups to determine whether a rape happened on cyberspace and how we can understand the relationship of our online personas with our bodies.

Cyberspace and the State

The history of body and technology is one way of approaching the history of the internet. However, as we realise, that more than the management of identity or the projection of our interiority, it is a narrative about governance. How does the body get regulated on the internet? How does it become the structure through which communities, networks, societies and collective can be imagined? The actions and transactions between the internet and the body can also help us to look at the larger questions of state, governance and technology which are such an integral part of our everyday experience of the internet. Questions of privacy, security, piracy, sharing, access etc. are all part of the way in which our practices of cultural production and social interaction are regulated, by the different intermediaries of the internet, of which the State is one.

Asha Achuthan, in her landmark work Re:Wiring Bodies[2] that looks at the history of science and technology in India, shows that these are not new concerns. In fact, as early as the 1930s and 1940s, when the architects of India’s Independence movements were thinking about shaping what the country is going to look like in the future, they were already discussing these questions. It is more popularly known that Jawaharlal Nehru was looking to build a ‘scientific temperament’ for the country and hoping to build it through scientific institutions as well as infrastructure – he is famously credited to having said that ‘dams are the temples of modern science.’ Apart from Nehru’s vision of a modern India, there was a particular conversation between M.K. Gandhi and Rabindranath Tagore, that Achuthan analyses in great detail. Achuthan argues that the dialogue between Gandhi and Tagore is so couched in ideology, poetry and spirituality that we often forget that these were actually conversations about a technology – specifically, the charkha or the spinning wheel.

For both Gandhi and Tagore, the process of nation building was centred around this one particular charkha. The charkha was the mobile, portable, wearable device (much like our smart phones) that was supposed to provide spiritual salvation and modern resources to overcome the evils of both traditional and conservative values as well as unemployment and production. The difference in Gandhi and Tagore was not whether the charkha – as a metaphor of production and socio-economic organisation – should be at the centre of our discourse. The difference was that Gandhi thought that the usage of charka, complete immersion in the activity, and the devotion to it would help us weave a modern nation For Gandhi, the citizen was not somebody who used the charkha, but the citizen was somebody who becomes a citizen in the process of using the charkha. Tagore, meanwhile, was more concerned about whether we are building a people-centred nation or a technology-centred device. He was of the opinion that building a nation with the technology at its core, might lead to an apocalyptic future where the ‘danavayantra’ or demonic machine might take over and undermine the very human values and ideals that we are hoping to structure the nation through.

If you even cursorily look at this debate, you will realise that the way Gandhi was talking about the charkha is in resonance with how contemporary politicians talk about the powers of the internet and the way in which, through building IT Cities, through foreign investment, through building a new class of workers for the IT industry, and through different confluences of economic and global urbanisation, we are going to Imagine India[3] of the future. Similarly, the caution that Tagore had, of the charkha as superseding the human, finds its echoes in the sceptics who have been afraid that the human is being forgotten[4] in the e-governance systems that are being set up, which concentrate more on management of data and information rather than the rights and the welfare of people.

This historical continuity between technology and governance, also finds theorisation in Ashish Rajadhyaksha’s book The Cultural Last Mile[5] that looks at the critical turns in India’s governance and policy history and how the technological paradigm has been established. Rajadhyaksha opens up the State-technology-governance triad to more concrete examples and looks at how through the setting up of community science centres, the building of India’s space and nuclear programmes, and through on-the-ground inventions like radio and chicken-mesh wire-loops, we have tried to reinforce a broadcast based model of governance. Rajadhyaksha proposes that the earlier technologies of governance which were at our disposal, helped us think of the nation state through the metaphor of broadcast. So we had the State at the Centre, receiving and transmitting information, and in fact managing all our conversation and communication by being the central broadcasting agency. And hence, because the state was responsible for the message of the state reaching every single person, but also responsible that every single person can hypothetically communicate with every other single person, the last mile became important. The ability to reach that last person became important. And the history of technology and governance has been a history of innovations to breach that last mile and make the message reach without noise, without disturbance, and in as clean and effective a way as possible.

With the emergence of the digital governance set up, especially with the building of the Unique Identity Project,[6] we now have the first time when the government is not concerned about breaching the last mile. The p2p networks that are supposed to manage the different flows of information mean that the State is not a central addressee of our communication but one of the actors. It produces new managers – internet service providers, telecom infrastructure, individual hubs and connectors, traditional media agencies – that help us think of governance in a new way. Which is why, for instance, with the UID authorities, we are no longer concerned about the relay of state information from the centre to the subject. Hence, we have many anecdotal stories of people enrolling for the Aadhaar card without actually knowing what benefits it might accrue them. We also have stories coming in about how there are people with Aadhaar numbers which have flawed information but these are not concerns. Because for once, the last mile has to reach the Government. The State is a collector but there are also other registrars. And there is a new regime here, where the government is now going to become one of the actors in the field of governance and it is more interested in managing data and information rather than directly governing the people.

This historical turn is interesting, because it means that we are being subjected to different kinds of governance structures and institutions, without necessarily realising how to negotiate with them to protect us. One of the most obvious examples is the Terms of Services[7] that we almost blindly sign off when using online platforms and services and what happens when they violate rights that we think are constitutionally given. What happens when Facebook removes some content from your profile without your permission because it thinks that it is problematic? Who do you complain to? Are your rights as a user or a citizen? Which jurisdiction will it fall under? Conversely, what happens when you live in a country that does not grant you certain freedoms (of speech and expression, for instance) and you commit an infraction using a social media platform. What happens when your private utterances on your social networks make you vulnerable [8]. to persecution and prosecution in your country?

These are all questions of the human, the technological, and the governmental which have been discussed differently and severally historically, in India and also at the global level. Asking these questions, unpacking the historical concerns and how they have leap-frogged in the contemporary governmental debates is important because it helps us realise that the focus of what is at stake, what it means to be human, what we recognise as fair, just and equal are also changing in the process. Instead of thinking of e-governance as just a digitization of state resources, we have to realise that there is a certain primacy that the technologies have had in the state’s formation and manifestation, and that the digital is reshaping these formulations in new and exciting, and sometimes, precarious ways.

Cyberspace and Criminality

The history of the internet in India, but also around the world, is bookended between pornography and terrorism. While there has been an incredible promise of equity, equality, fairness, and representation of alternative voices on the internet, there is no doubt that what the internet has essentially done is turn us all into criminals – pornographers, pirates, terrorists, hackers, lurkers… If you have been online, let us just take for granted that you have broken some law or the other, no matter how safe you have been online, and where you live. The ways in which the internet has facilitated peer-2-peer connections and the one-one access means that almost everything that was governed in the public has suddenly exploded in one large grey zone of illegality.

Ravi Sundaram calls this grey zone of illegal or semi-legal practices the new ‘cyberpublics’. For Sundaram, the new public sphere created by the internet is not only in the gentrified, middle-class, educated people who have access to the cyberspaces and are using social media and user generated content sites to bring about active social and political change. More often than not, the real interesting users of the internet are hidden. They access the internet from cybercafés, in shared names. They have limited access to the web through apps and services on their pirated phones. They share music, watch porn, gamble, engage in illicit and surreptitious social and sexual engagements and they are able to do this by circumventing the authority and the gaze of the law.

On the other side are the more tech savvy individuals who create alternative currencies like Bitcoin, trade for weapons, drugs and sex on SilkRoute, form guerrilla resistance groups like Anonymous, and create viruses and malware that can take over the world. These cyberpublics are not just digital in nature. They erupt regularly in the form of pirate bazaars, data swaps, and the promiscuous USB drive that moves around the machines, capturing information and passing it on further. These criminalities are often the defining point of internet policy and politics – they serve as the subjects that need to be governed, as well as the danger that lurks in the digital ether, from which we need to be protected. For Sundaram, the real contours and borders of the digital world are to be tested in an examination of these figures. Because, as Lawrence Liang suggests, the normative has already been assimilated in the system. The normative or the good subject is no longer a threat and has developed an ethical compass of what is desirable and not. However, this ethical subject also engages in illicit activities, while still producing itself as a good person. This contradiction makes for interesting stories.

DPS MMS: Case Study
One of the most fascinating cases of criminality that captured both public and legal attention was the notoriously cases where the ideas of Access were complicated in the Indian context, was the legal and public furore over the distribution of an MMS (Multi-Media Message) video that captured two underage young adults in a sexual act. The clip, which was dubbed in popular media as ‘DPS Dhamaka’ became viral on the internet. The video clip was listed on an auction (peer-2-peer) website as an e-book and as ‘Item 27877408 – DPS Girl having fun!!! Full video + Bazee points’ for Rs. 125. This visibility of the clip on the auction site Bazee.com, brought it to the eyes of the State where its earlier circulation through private circuits and P2P networks had gone unnoticed. Indeed, the newspapers and TV channels had created frenzy around it, this video clip would have gone unnoticed. However, the attention that Bazee.com drew led to legal intervention. Following the visibility of the video clip, there was an attempt to find somebody responsible for the crime and be held liable for the ‘crime’ that had happened. Originally, Ravi Raj, a student at IIT Kharagpur, who had put up the clip on Bazee was arrested for possessing and selling pornography. He was arrested and kept in police custody for at least three days and so was the male student who made the clip. They were both made to go through proceedings in juvenile court (though he was the last to be arrested). Both the students in the video were suspended from school after the incident. Eventually, the most high profile arrest and follow up from the DPS MMS incident was the arrest of the CEO of Bazee.com – Avnish Bajaj. However, Bajaj was released soon because as the host of the platform and not its content, he had no liability. This is the beginning of a series of slippages where a punishable body in the face of public outcry had to be identified. We witnessed a witch-hunt that sought to hold the boy who made the video clip responsible, the student of IIT who attempted to circulate the clip and eventually the CEO of Bazee. The string of failed prosecutions seems to indicate that the pornographer-as-a-person was slipping through the cracks of the legal system. As NamitaMalhotra argues, it is not the pornographic object which is ‘eluding the grasp of the court’ but that it seems to be an inescapable condition of the age of the internet -that the all transactions are the same transactions, and all users are pornographers. We can see in the case that the earlier positions that were easily criminalised when it came to objects in mass media – producer, consumer, distributor of obscenity, were vacated rapidly in the DPS MMS case. We have a case where the bodies, when looked at through simplified ideas of Access, could not be regulated. The girl in the clip could not be punished because she was the victim in the case that could be read as statutory rape. In the case of the boy, a stranger argument was posed – ‘that in our fast urbanising societies where parents don’t have time for children, they buy off their love by giving them gadgets – which makes possible certain kinds of technological conditions...thus the blame if it is on the boy, is on the larger society’ (Malhotra, 2011). Eventually, the court held that the description of the object and the context of its presence indicates that the said obscene object is just a click away and such a ‘listing which informed the potential buyer that such a video clip that is pornographic can be procured for a price’. There is a suggestion that there was nobody in particular that could be fixed with the blame. What was at blame was access to technology and conditions of technology within which the different actors in this case were embedded. Malhotra points out that in earlier cases around pornography, judgements have held pornography responsible for itself. In the case of the DPS MMS, it seemed that technology – especially access to technology by unsupervised persons – has taken that role. The eventual directive that came out of this case was a blanket warning issued to the public that ‘anyone found in possession of the clip would be fined and prosecuted’. It is as if the attention of the court was on the ways in which the video clip was produced, circulated and disseminated, rather than the content. There was an anxiety around peoples’ unsupervised access to digital technologies, the networks that facilitated access to content without the permission of the state, and modes of circulation and dissemination that generated high access to audiences which cannot be controlled or regulated. The State’s interest in this case, is not in the sexual content of the material but in the way it sidesteps the State’s authorial positions and produces mutable, transmittable, and transferable products as well as conditions of access. Such a focus on practices and behaviours around the obscene object, rather than the content itself, seems not to disrupt the law’s neat sidestepping of the force of the image itself. These different tropes of access to technology informed the State’ attempt at control and containment of techno-social practices in the country, giving rise to imaginations of the User as being in conditions of technology which make him/her a potential criminal. This idea of access as transgression or overriding the legal regulatory framework does not get accounted for in the larger technology discourse. However, it does shape and inform the Information Technology regulations which are made manifest in the IT Act. The DPS MMS case complicated the notion of access and posited a potentially criminal techno-social subject who, because of access to the digital, will be able to consume information and images beyond the sanction of the law. The DPS MMS case shows how the ways in which public discourse can accuse, blame and literally hang technology seems to diverge from how the court attempts to pin down an offence or crime and prosecute by constructing a techno-social subject as the pervert, while also accusing pornography as a phenomenon. The court is unable to hold technology to blame but the accused is technology-at-large and modernity, which subsumes practices around technology and separates out the good and ethical ways in which a citizen should access and use technologies to rise from the potentially criminal conditions of technology within which their Techno-social identity is formed.

Summary

We started by making a distinction between Internet and Cyberspace to see how the two are separate objects of focus and have a relationship that needs to be examined in greater detail. It was argued that while the Internet – in material, infrastructural and technological forms – is important to understand the different policies and politics at the local, regional and global level, it has an account that is easier to follow. Cyberspace, on the other hand, because it deals with human interactions and experiences, allows for a more complex set of approaches into understanding our engagement with the digital domain. We began with the original definitions and imaginations of cyberspace and the ways in which it founded and resolved debates about the real-virtual, the physical-digital, and the brain-mind divides which have been historically part of the cybercultures discourse.

It was proposed, hence, that instead of looking at the history of the Internet, we will look at the history of cyberspace, and see if we can move away from a straight forward historical narrative of the Internet which focuses largely on the institutions, numbers, names and technological advances. The ambition was not to just produce a similar history of cyberspace but think of conceptual frameworks through which cyberspace can be studied. The proposition was that instead of just looking at history as a neutral and objective account of events and facts, we can examine how and why we need to create histories. Also, that it is fruitful to look at the aspirations and ambitions we have in creating historical narratives. It was then suggested that instead of trying to create a definitive history, or even a personal history of the internet, it might be more fruitful to look at the intersections that cyberspace has with different questions and concerns that have historically defined the relationship between technologies and society. 3 different conceptual frameworks were introduced as methods or modes by which this historical mode of inquiry can be initiated.

The first framework examined how we can understand the boundaries and contours of the internet and cyberspace by looking at its relationship with our bodies. The ways in which we understand our bodies, the mediation by technologies, and the extensions and simulations that we live with, help us to understand the human-technology relationship in more nuanced fashions. Looking at the case-study of a rape that happened in cyberspace, we mapped out the different ways in which we can think of a technosocial relationship.

The second framework drew from historical debates around technology and governance to see how the current concerns of e-governance and digital subjectivity are informed by older debates about technology and nation building. Looking at the dialogues between Gandhi and Tagore, and then the imagination of a nation through the broadcast technologies, we further saw how the new modes of networked governance are creating new actors, new conditions and new contexts within which to locate and operate technologies.

The third framework showed how the technological is not merely at the service of the human. In fact, the presence of the technological creates new identities and modes of governance that create potential criminals of all of us. Through the case-study of the DPS MMS, and in an attempt to look at the grey zone of illegal cyberpublics, we saw how at new technosocial identities are created at the intersection of law, technology, governance and everyday practices of the web. The fact that the very condition of technology access can create us as potential criminals, in need to be governed and regulated, reflects in the development of internet policy and governance.

It was the intention of this module to complicate three sets of presumptions and common knowledge that exist in the discourse around Internet and Cyberspace. The first was to move away from thinking of the Internet merely as infrastructure and networks. The second was to suggest that entering the debates around human-technology everyday relationships would offer more interesting ways of looking at accounts of the technological. The third was to propose that the history of the internet does not begin only with the digital, but it needs larger geographical and techno-science contexts in order to understand how the contemporary landscape of internet policy and governance is shaped.

The module was not designed to give a comprehensive history and account of the internet. Instead, it built a methodological and conceptual framework that would allow us to examine the ways in which we approach Internet and Society questions – in the process, it would also help us reflect on our own engagement, intentions and expectations from the Internet and how we create the different narratives and accounts for it.

Additional Readings

Johnny Ryan,“A History of the Internet and the Digital Future”, University of Chicago Press, http://press.uchicago.edu/ucp/books/book/distributed/H/bo10546731.html
John Naughton,“A Brief History of the Future”, Overlook, https://www.kirkusreviews.com/book-reviews/john-naughton/a-brief-history-of-the-future/
Christos J.P. Moschovitis et al.,“History of the Internet”, Barnes & Noble, http://www.barnesandnoble.com/w/history-of-the-internet-christos-j-p-moschovitis/1100883985?ean=9781576071182
Katie Hafner and Matthew Lyon, “Where Wizards Stay up Late”, Barnes & Noble, http://www.barnesandnoble.com/w/where-wizards-stay-up-late-katie-hafner/1113244151?ean=9780684812014
Janet Abbate,“Inventing the Internet”, MIT Press, http://mitpress.mit.edu/books/inventing-internet
Tim Berners-Lee,“Weaving the Web: The Original Design and Ultimate Destiny of the World Wide Web”,http://en.wikipedia.org/wiki/Weaving_the_Web:_The_Original_Design_and_UltimateDestiny_of_the_World_Wide_Web_by_its_inventor
Peter Salus,“Casting the Net: From ARPANET to INTERNET and Beyond”, Pearson, http://www.pearson.ch/1471/9780201876741/Casting-the-Net-From-ARPANET-to-INTERNET.aspx

[1]. Julian Dibbell “A Rape in Cyberspace”, available at http://www.juliandibbell.com/articles/a-rape-in-cyberspace/, last accessed on January 24, 2014.

[2]. Asha Achuthan, “Re:Wiring Bodies”, Centre for Internet and Society, available at http://cis-india.org/raw/histories-of-the-internet/rewiring-bodies.pdf, last accessed on January 25, 2014.

[3]. Nandan Nilekani, “Imagining India: The Idea of a Renewed Nation”, Penguin, available at http://www.penguin.ca/nf/Book/BookDisplay/0,,9780670068449,00.html, last accessed on January 24, 2014.

[4]. Jahnavi Phalkey, “Focus: Science, History, and Modern India”, The University of Chicago Press, http://www.jstor.org/stable/10.1086/670950, last accessed on January 24, 2014.

[5]. Ashish Rajadhyaksha, “The Last Cultural Mile”, The Centre for Internet and Society, available at http://cis-india.org/raw/histories-of-the-internet/last-cultural-mile.pdf, last accessed on January 24, 2014.

[6]. Ashish Rajadhyaksha, “In the Wake of Aadhar: The Digital Ecosystem of Governance in India”, Centre for Study of Culture and Society, available at http://eprints.cscsarchive.org/532/, last accessed on January 23, 2014.

[7]. Terms of Service, Didn’t Read, available at http://tosdr.org/, last accessed on January 26, 2014.

[8]. Siva Vaidyanathan, “The Googlization of Everything: (And Why Should We Worry)”, University of California Press, available at http://www.ucpress.edu/book.php?isbn=9780520258822

For more details visit https://cis-india.org/telecom/knowledge-repository-on-internet-access/body-in-cyberspace

The Bilski Case - Impact on Software Patents

praskrishna — 2011-08-23T03:24:31Z

The Supreme Court of the United States gave its decision in Bilski v Kappos on 28 June, 2010. In this case the petitioners’ patent application sought protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes. The Court in affirming the rejection by the Court of Appeals for the Federal Circuit also held that the machine- or-transformation test is not necessarily the sole test of patentability. The Court’s ruling of abstract ideas as unpatentable and its admission that patents do not necessarily promote innovation and may sometimes limit competition and stifle innovation have provided a ray of hope. In the light of the developments, the Bilski decision as far as patentability of software is concerned may not be totally insignificant, says Krithika Dutta Narayana.

The United States Supreme Court’s much awaited decision of last month in Bilski v. Kappos (2010) (Bilski), a case that was touted as a potential watershed in the debate surrounding patentability of software, was disappointing, even though it was not without any impact. While the Supreme Court affirmed the rejection by the Court of Appeals for the Federal Circuit (CAFC) of a patent claim for a business method, it failed to define with clarity, any test for patentability which might have constituted a precedent for future cases involving patentability of software or business method. At the same time, it held that the “machine- or- transformation” test which was the test followed by the CAFC in rejecting the claim, was not the sole test to determine patentability, thus effectively providing no guideline to determine patentability of software or business methods in future cases.

The Supreme Court in Bilski, affirmed the rejection by the CAFC in In re Bilski (2008) of a patent claim involving a method of providing insurance against fluctuating energy prices due to changes in weather. The applicants, Bernard L. Bilski and Rand Warsaw filed a patent application for such a method of hedging risks – essentially a claim for a business method – under Section 101 of US Patent Act before the United States Patent and Trademark Office (USPTO). The examiner at the USPTO rejected the claim on the ground that the claim was not for patentable subject matter and that “the invention is not implemented on a specific apparatus and merely manipulates (an) abstract idea and solves a purely mathematical problem without any limitation to a practical application, therefore, the invention is not directed to the technological arts”. The Board of Patent Appeals and Interferences (BPAI) took a re-look at the examiner’s decision and held that the “machine or apparatus” test was in itself insufficient to determine patentability since a claim that included transformation of a physical object from one state to another would also be patent eligible subject matter. The BPAI also struck down the requirement of the invention to be a “technological art”. Thus, it rejected the Bilski claim on the ground that it did not cause transformation of a physical object from one state to another, since transformation of financial liabilities and risks does not constitute transformation of physical matter.

In its decision on October 30, 2008, the CAFC affirmed the ruling of the BPAI and laid down the machine or transformation test for patentability and held that Bilski’s claim was neither tied to any machine or apparatus to derive the result nor did it cause transformation of any physical object from one state to another and is hence, unpatentable subject matter. The Court reasoned that the “machine or transformation” test was crucial for determining patentability as it ensured that the claim based on a fundamental principle did not preempt all other uses of the principle. This test was the first test since the US Supreme Court’s decision in Diamond v. Diehr (1981) – which held that laws of nature, mathematical formulae and algorithms are not patentable – that had a huge potential for laying down definitive rules for patentability including declaring software and business methods to be outside the realm of patentable subject matter. If this test was upheld in the Supreme Court, that would effectively put an end to the rise of software patents since software, in most cases, did not cause transformation of physical object from one state to another. Thus, the decision of the Supreme Court had huge stakes for both sides of the software patent debate.

In light of the same, the Supreme Court’s ruling holding that the machine or transformation test is not the sole test for determining patentability and at the same time, failing to provide any other test on which to determine patentability, was a sore disappointment. Though, it affirmed the rejection of Bilski’s patent claim on the ground that the subject matter claimed was abstract and thus not a patentable “process” under section 101, its core decision was only limited to this particular claim and it did not lay down a concrete and definitive guideline for future claims. However, one must not be too quick to dismiss this decision as either going against the interests of open society and free software or as a completely inconsequential case that simply maintains status quo. There are important takeaways for the patentability of software in the Bilski decision – The Court did not totally reject the machine or transformation test relied on by the CAFC. It only held that the machine or transformation test is not the sole test on basis of which the patentability of a subject matter of a claim can be decided. The Court, in fact, held that the “machine or transformation test” was a “useful and important clue, an investigative tool for determining whether some claimed inventions are processes under section 101.” This leaves open the possibility of using the test to determine patentability in future cases and this is good news for opponents of software patents since software (an algorithm designed to be operated upon by a computer) is merely an abstract idea which, in most cases, does not involve transformation of a physical object from one state to another.

Bilski’s claim was essentially interpreted to be a patent for a business method. The Supreme Court was completely silent on the issue of patentability of software in its decision and stuck to only the narrow issue in hand – that of the patentability of a particular business method. This means that the “machine or transformation test”, whose applicability was ruled out in this particular case, may still be applicable for software patents. Nothing in this case precludes an opponent of a software patent from urging the courts to use the “machine or transformation test” to rule on patentability. Thus, the very fact that the Supreme Court only dealt with the narrow issue in hand ensures that the “machine or transformation test” is not altogether dismissed.

The main ground on which Bilski’s claim was rejected was that the patent claim was for an overly abstract idea which was not patent-eligible. The Court held that the basic concept on which the claim was based – the concept of hedging risks against risk is an unpatentable abstract idea. Further, some of the claims are constituted by equations and are purely mathematical in nature and are abstract and thus not patentable. This means that basic concepts and use of mathematical formulae constitute abstract ideas which are unpatentable. This test can strike down many software patents as these are simply algorithms executed by a computer and incorporate very fundamental and basic concepts which are abstract in nature and are thus, not patentable. This test for determining patentability on the basis of the claim being abstract as laid down in Bilski reaffirms the patentability test laid down in Diamond v. Deihr which kept laws of nature, mathematical formulae and algorithms outside the scope of patentable subject matter. This may serve as an important test to determine and especially, limit the patentability of software in coming years.

Notwithstanding the fact that Bilski’s claim has been interpreted to be one of a business method patent, when examined in detail, the claims indicate that the ‘method’ cannot be implemented without a computer. Certain claims for calculating probability (and risk), although mathematical or algorithmic in nature, have too many variables to be executed in any way other than by using a computer.1 Such algorithms which can be executed only by a computer fall under the category of software and the patent is thus, also, a software patent. That being said, the ruling of the Court that the claim is for an overly abstract idea and thus not patentable lends credence and indicates that software patents can be validly claimed to be abstract ideas not falling under the scope of patentable subject matter.

Another important outcome of the Supreme Court’s ruling was the invalidation of the 1998 CAFC decision in State Street Bank v. Signature Financial Group2 which opened the floodgates for software patents by holding that a practical application of an algorithm or formula to produce “useful, concrete and tangible result” was sufficient to constitute patentable subject matter. The State Street test was too broad and afforded an opportunity for many frivolous patent applications to be admitted. In fact, Justice Stevens, in his concurring opinion, has stated that it would be a “grave mistake” to follow the test. By clearly striking down and dismissing such a test to determine patentable subject matter, the Court in Bilski has precluded future software patent claims for taking recourse to this test and has effectively, to an extent, made it that much harder for a software to be granted patent. The test in State Street Bank which opened the floodgates for software patents was definitively dismissed.

The Court in the 1978 case of Parker v. Flook, had rejected patent for a mathematical algorithm on the ground that an algorithm was a law of nature although its use was limited to a specific field in this case (the “field of use” test) and added an insignificant post solution activity (“post solution activity” test). The test laid down in Flook had been subsequently questioned and thus, subtly dismissed by the Court in Diehr in 1991. The Court in Bilski emphasized on the test for patentability laid down in Flook and opined that the two tests may well come in handy in future challenges or oppositions to a patent claim while determining if the claim pertained to an idea that was abstract and hence, not patentable. Thus, this test can be used in future for invalidating software patents which are characterized by broad claims adding insignificant post solution activity.

It is heartening to note that the Court looked at the importance of patent law while recognizing that patents are not always necessary to encourage innovation. It noted that patents could also limit competition and stifle innovation. They can have ill effects such as increasing prices while slowing progress and could actually be deterrent to free flow of information within society. By recognizing and validating this, the ruling not only helped increase awareness about the debate surrounding software patents but also showed that the Courts are open to such an approach to patent law in future. This can only be good news for busting software patents.

For further reading

Claim 4 of Bliski's claims is as follows - “perform a Monte Carlo simulation across all deals at all locations ... over the last 20 years of weather patterns and establish the payoffs from each deal under each historical weather pattern “ Such a simulation would involve multiple parameters such as deals, locations, weather patterns, to establish a payoff.
149 F.3d. 1368.

For more details visit https://cis-india.org/a2k/blogs/bilski-case

The All India Privacy Symposium: Conference Report

natasha — 2012-04-30T05:16:41Z

Privacy India, the Centre for Internet and Society and Society in Action Group, with support from the International Development Research Centre, Privacy International and Commonwealth Human Rights Initiative had organised the All India Privacy Symposium at the India International Centre in New Delhi, on February 4, 2012. Natasha Vaz reports about the event.

The symposium was organized around five thematic panel discussions:
Panel 1: Privacy and Transparency
Panel 2: Privacy and E-Governance Initiatives
Panel 3: Privacy and National Security
Panel 4: Privacy and Banking
Panel 5: Privacy and Health

Introduction

Elonnai Hickok (Policy Advocate, Privacy India) introduced the objectives of Privacy India. The primary objectives were to raise national awareness about privacy, do an in-depth study of privacy in India and provide feedback on the proposed ‘Right to Privacy’ Bill. Privacy India has reviewed case laws, legislations, including the upcoming policy and conducted state-level privacy workshops and consultations across India in Kolkata, Bangalore, Ahmedabad, Guwahati, Chennai, and Mumbai. India like the rest of the world is answering some fundamental questions about the powers of the government and citizen’s rights and complications that arise from emerging technologies. Through our research we have come to understand that privacy varies across cultures and contexts, and there is no one concept of privacy but instead several distinct core notions that serve as complex duties, claims and obligations.

Privacy and Transparency

Panelists: Ponnurangam K, (Assistant Professor, IIIT New Delhi), ), Chitra Ahanthem (Journalist, Imphal), Nikhil Dey (Social & Political Activist), Deepak Maheshwari (Director, Corporate Affairs, Microsoft), Gus Hosein (Executive Director, Privacy International, UK), and Prashant Bhushan, (Senior Advocate, Supreme Court of India).
Moderator: Sunil Abraham (Executive Director, Centre for Internet and Society, Bangalore)
Poster: Srishti Goyal (Law Student, NUJS)

Srishti Goyal provided the general contours, privacy protections, limits to privacy and loopholes of policy relating to transparency and privacy, specifically analyzing the Right to Information Act, Public Interest Disclosures Act, and the Official Secrets Act.

Nikhil Dey commented on the interaction between the right to privacy and the right to information (RTI). He referred to Gopal Gandhi, the former Governor of West Bengal, “we must ensure that tools like the UID must help the citizen watch every move of government; not allow the government watch every move of the citizen.” Currently, the RTI and the UID stand on contrary sides of the information debate. A privacy law could allow for a backdoor to curb RTI. So, utmost care has to be taken while drafting legislation with respect to right to privacy.

Data and information has leaked furiously in India and it has leaked to the powerful. A person who is in a position of power can access private information irrespective of any laws in place to safeguard privacy. It is necessary to look at the power dynamics, which exists in the society before formulating legislation on right to privacy. According to Nikhil Dey, there should be different standards of privacy with respect to public servants. A citizen should be entitled to information related to funds, functions and functionaries. The main problem arises while defining the private space of a public servant or functionaries.

The RTI Act has failed to address the legal protection for the right to privacy. Perhaps, rules regarding privacy can be added to the Act. It can be defined by answering the questions: (i) what is ‘personal information’? (ii) what is it’s relation to public activity or public interest? (iii) what is the unwarranted invasion of the privacy of an individual? and (iv) what is the larger public good? Expanding on these four points can provide greater legal protection for the right to privacy.

Gus Hosein described the intersection and interaction of the right to information and the right to privacy. He referred to a petition filed by Privacy International requesting information on the expenses of members of parliament. Privacy and transparency of the government are compatible in the public interest. Gross abuse of the public funds by MPs was revealed by this particular petition such as pornography or cleaning of moats of MPs homes. Privacy advocates are supporters of RTI, however, it cannot be denied that there is no tension between transparency and privacy. In order chalk out the differences, there is a need of a legal framework. According to Gus Hosein, in many countries the government office that deals with right to information also deals with cases related to right to privacy.

Mumbai and New Delhi police have started using social media very aggressively, encouraging citizens to take photographs of traffic violations and upload them to Facebook or Twitter. In reference to this, Ponnurangam described the perceptions of privacy and if it agreed or conflicted with his research findings. Ponnurangam has empirically explored the awareness and perspective of privacy in India with respect to other countries. He conducted a privacy survey in Hyderabad, Chennai and Mumbai. People are very comfortable in posting pictures of others committing a traffic violation or running a red light. Ironically, many people have posted pictures of police officers committing a traffic violation such as not wearing a helmet or running a red light.

Chitra Ahanthem described the barriers and challenges of using RTI in Manipur. There are more than 40 armed militia groups, which are banned by the central and state government. The central government provides economic packages for the development of the north-east region. However, the state government officials and armed groups pocket the economic packages. These armed groups have imposed a ban on RTI. Furthermore, Manipur is a very small community. If people try and access information through RTI they risk getting threatened by the Panchayat members and being ostracized from the community or their clan.

People are apprehensive about filing RTI because they believe that these procedures are costly and the police and government may also get involved. Officials use the privacy plea to avoid giving out information. Since certain information are private and not in the public domain, government officials, use the defense of privacy to hide information. In addition, the police brutality prevalent in the area deters people to even have interactions with government officials.

According to Deepak Maheshwari, the open data initiative is a subset within the larger context of open information. There is an onus on the government to publish information, which is in the public domain. As a result, one does not necessarily have to go through the entire process of filing an RTI to get information, which is already there in the public domain. Moreover, if it is freely available in public domain, then one can anonymously access such information; this further strengthens the privacy aspects of requesting information and facilitating anonymity with respect to access to such information in the public domain. It has also to be noted that it is not sufficient to put data out in the public domain but it should also disclose the basis of the data for example, if there is representation of a data on a pie chart, the data which was used to arrive at the pie chart should also be available in the public domain. The main intention of releasing data to the public domain or having open data standards should not only be to provide access to such data but also should be in such a fashion so as to enable people to use the data for multiple purposes.

Prashant Bhushan noted that one of the grounds for withholding information in the RTI Act is privacy. An RTI officer can disclose personal information if he feels that larger public interest warrants the disclosure, even if it is personal information, which has no relationship to public activity or interest. This raises the important question, “what constitutes personal information?” He referred to the Radia Tapes controversy. Ratan Tata has filed a petition in the Supreme Court on the grounds that the Nira Radia tapes contained personal information and that the release of these tapes into the public domain violated his privacy. The Centre for Public Interest Litigation has filed a counter petition on the grounds that the nature of the conversations was not personal but in relation to public activity. They were between a lobbyist and bureaucrats, journalists and ministers. Prashant Bhushan stressed the importance of releasing these tapes into the public domain to show glimpses of all kinds of fixing, deal-making and show how the whole ruling establishment functions. It is absurd for Ratan Tata to claim that this is an invasion of privacy. Lastly, he felt when drafting a privacy law, clearly defining and distinguishing personal information and public is extremely important.

One of the interesting comments made during the panel was on the assumption that data is transparent. Transparency can be staged; questions have to be asked around whether the word is itself transparent.

Privacy and E-Governance Initiatives

Panelists: Anant Maringanti, (Independent Social Researcher), Usha Ramanathan, (Advocate & Social Activist), Gus Hosein, (Executive Director, Privacy International, UK), Apar Gupta, (Advocate, Supreme Court of India), and Elida Kristine Undrum Jacobsen (Doctoral Researcher, The Peace Research Institute Oslo).
Moderator: Sudhir Krishnaswamy (Centre for Law and Policy Research)
Poster: Adrija Das (Law Student, NUJS)

Adrija Das discussed the legal provision relating to identity projects and e-governance initiatives in India. The objective of any e-governance project is to increase efficiency and accessibility of public services. However, a major problem that arises is the linkage of the data results in the creation of a central database, accessible by every department of the government. Furthermore, implementing data protection and security standards are very expensive.

Sudhir Krishnaswamy highlighted the default assumptions surrounding e-governance initiatives: e-governance initiatives solve governance problems, increase efficiency, increase transparency and increase accountability. It is important to analyze the problems that arise from e-governance initiatives, such as privacy.

Usha Ramanathan described the increased number and vastness of e-governance initiatives such as UID, NPR, IT Rules and NATGRID. There are also many burdens on privacy that emanate from the introduction and existence of electronic data management systems. Electronic data management systems have allowed state to collect, store and use personal information of individual. Currently, the DNA Profiling Bill is pending before the Parliament. It is important to question the purpose and need for the government to collect such personal information. It is also to be noted that, there are certain laws such as Collection of Statistics Act, 2008 that penalize individuals if they do not comply with the information requests of the government.

Anant Maringanti discussed the limitations of data sharing that once existed. Currently, data can move across space in a very short time. He analyzed the state and market rationalities involved in e-governance initiatives, which raise the question “who can access data and at what price?”. Data may seem to be innocent or neutral, but data in the hands of wrong people becomes very crucial due to abuse and misuse. For example, Andhra Pradesh was praised as the model state for UID implementation. However, during the process of collecting data for UID a company bought personal information and sold the data to third parties.

Apar Gupta discussed the dilemmas of e-governance. Generally information in the form of an electronic record is presumed to be authentic. The data which government collects is most often inaccurate and wrong. So the digital identity of a person can be totally different from the real identity of that particular person. The process for correcting such information is also very inconvenient and sometimes impossible.
Under the evidence law any electronic evidence is presumed to be authentic and admissible as evidence. The Bombay High Court decided a case involving the authenticity of a telephone bill generated by a machine. The judgment said that since it is being generated by a machine, through and automated process, there is no need to challenge the authenticity of the document, it is presumed to true and authentic. The main danger in such case is that one does away with the process of law and attaches certain sanctity to the electronic record and evidence.

It should be also observed that how government maintains secrecy as to the ways in which it collects data. For example, the Election Commission has refused to disclose the functioning and design of electronic voting machines. The reason given for such secrecy is that if such information is put in the public domain then the electronic voting machines will be vulnerable and can be tampered with. But we, who use the voting machines, will never find out its vulnerabilities.

According to Gus Hosein, politicians generally have this wrong notion that technology can solve complex administrative problems. Furthermore, the industry is complicit; they indulge in anti-competitive market practice to sell these technologies as a solution to problems. However, such technology does not solve any problems rather it gives rise to problems.

Huge amount of government funds is associated with collection of personal data but such data is rendered useless or rather misused, because the government does not have clue as to how to use the data for development and security purposes. The UK National Health Records project estimated to cost around twelve to twenty billion pounds. However, a survey carried out by a professor in University College London showed that the hospital and other health institutions do not use the information collected by the National Health Records. Similarly, the UK Identity Card scheme was estimated to cost 1.3 billion pounds and finally it was estimated to cost five billion pounds. The identity cards are rendered obsolete, the sole department interested in the identity card was the Home Office Department, no other department intended on using it.

Technology should be built in such a manner that it empowers the individual. Technology should allow the individual to control his identity and as well as access all kinds of information available to the government and private bodies on that individual.

According to Elida Kristine Undrum Jacobsen, technology is regarded in this linear manner. It is increasingly being naturalized and as an all-encompassing solution. The use of biometric systems in the UID raises three areas of concern: power, value and social relationships.

With regards to power, there is a difference between providing documentation and information for identification. However, problems arise when the mode of identification becomes one’s body. It also leads to absolute reliance on technology, if the machine says that this is an individual’s identity then it is considered to be the absolute truth and it does not matter even if the individual is someone else. It becomes furthermore problematic with biometric system because it is generally used for forensic purposes.

The other component of UID or any national identification scheme is the question of consent and its relationship to privacy. In the case of UID project, people are totally unaware about how their information will be used and what purposes can it be used or misused for. Therefore, there is no informed consent when it comes to collection of biometric data under the UID project.

On the issue of social value it is to be noted that the value of efficiency becomes the most important value, which is valued. Many of the UIDAI documents state that the UID will provide a transactional identity. However, at the same time it takes away societal layers, which is inherently part of one’s identity. In addition, it makes it possible for the identity of a person to become a commodity to be sold. This also means that the personal information has economic value and players in the market such as insurance companies, banks can buy and sell the information.

When there is identification projects using biometrics it gives the State a lot of power; the power to determine and dictate one’s identity irrespective of the difference in real identity. Moreover, when such identifications projects are carried out at a national level it also gives rise to problem related to exclusion and inclusion of people or various purposes. The classification of the society based on various factors becomes easy and there is a huge risk involved with such classification.

The issues, which came out from the Q&A session, were:

The interplay between fairness and lawfulness in the context of privacy and data collection. There has to be a question asked as to why certain information is required by the State and how is it lawful.
In the neo-liberal era corporations are generally considered to be private. This has to be questioned and furthermore the difference between what is private and what is public. There are also concerns about corporations increasingly collaborating with the State. Can it be still considered as private?

Privacy and National Security

Panelists: PK Hormis Tharakan (Former Chief of Research and Analysis Wing, Government of India), Saikat Datta (Journalist), Menaka Guruswamy, (Advocate, Supreme Court, New Delhi), Prasanth Sugathan, (Legal Counsel, Software Freedom Law Center), and Oxblood Ruffin, (Cult of the Dead Cow Security and Publishing Collective).
Moderator: Danish Sheikh (Alternative Law Forum)
Poster: Suchitra Menon (Law Student, NUJS)

Suchitra Menon discussed the legal provisions for national security in relation to privacy. Specifically, she described the guidelines and procedural safeguards with respect to phone tapping and interception of communication decisional jurisprudence.

In the year 2000, the Information Technology Act (IT Act), 2000 was enacted, this Act had under section 69 allowed the State to monitor and intercept information through intermediaries. Prasanth Sugathan described how the government has been trying to bypass the procedural safeguard laid down by the Supreme Court in the PUCL case by using Section 28 of the IT Act, 2000. The provision deals with certifying authority for digital signatures. The certifying authority under the Act also has the authority to investigate offences under the Act. The provision mainly deals with digital signature but it is used by the government to intercept communication without implementing the procedural safeguards laid down for such interception. Furthermore, the IT Rules which was notified by the government in April, 2007 allows the government to intercept any communication with the help of the intermediaries. The 2008 amendment to the IT Act was an after effect of the 26/11 attacks in Mumbai. The legislation has become draconian since then and privacy has been sacrificed to meet the ends of national security.

Oxblood Ruffin read out his speech and the same is reproduced below.

“The online citizenry of any country is part of its national security infrastructure. And the extent to which individual privacy rights are protected will determine whether democracy continues to succeed, or inches towards tyranny. The challenge then is to balance the legitimate needs of the state to secure its sovereignty with protecting its most valuable asset: The citizen.

It has become trite to say that 9/11 changed everything. Yet it is as true for the West as it is for the global South. 9/11 kick started the downward spiral of individual privacy rights across the entire internet. It also ushered in a false dichotomy of choice, that in choosing between security and privacy, it was privacy that had adapted to the new realities, or so we’ve been told.

Let’s examine some of the fallacies of this argument.

The false equation which many argue is that we must give up privacy to ensure security. But no one argues the opposite. We needn’t balance the costs of surveillance over privacy, because rarely banning a security measure protects privacy. Rather, protecting privacy typically means that government surveillance must be subjected to judicial oversight and justification of the need to surveillance. In most cases privacy protection will not diminish the state’s effectiveness to secure itself.

The deference argument is that security advocates insist that the courts should defer to elected officials when evaluating security measures. But when the judiciary weighs privacy against surveillance, privacy almost always loses. Unless the security measures are explored for efficacy they will win every time, especially when the word terrorism is invoked. The courts must take on a more active role to balance the interests of the state and its citizens.

For the war time argument security proponents argue that the war on terror requires greater security and less privacy. But this argument is backwards. During times of crisis the temptation is to make unnecessary sacrifices in the name of security. In the United States, for example, we saw that Japanese-American internment and the McCarthy-era witch-hunt for communists was in vain. The greatest challenge for safeguarding privacy comes during times when we are least inclined to protect it. We must be willing to be coldly rational and not emotional during such times.

We are often told that if you have nothing to hide, you have nothing to fear. This is the most pervasive argument the average person hears. But isn’t privacy a little like being naked? We might not be ashamed of our bodies but we don’t walk around naked. Being online isn’t so different. Our virtual selves should be as covered as our real selves. It’s a form of personal sovereignty. Being seen should require our consent, just as in the real world. The state has no business taking up the role of Peeping Tom.

I firmly believe that the state has a right and a duty to secure itself. And I equally believe that its citizens are entitled to those same rights. Citizens are part of the national security infrastructure. They conduct business; they share information; they are the benefactors of democratic values. Privacy rights are what, amongst others, separate us from the rule of tyrants. To protect them is to protect and preserve democracy. It is a fight worth dying for, as so many have done before us.

PK Hormis Tharakan discussed the importance of interception communication in intelligence gathering. In the western liberal democracies, restrictions of privacy were introduced for the anti-terrorism campaigns and these measures are far restrictive than what the Indian legislations contemplate. Preventive intelligence is a major component in maintenance of national security and this intelligence is generated and can be procured through interception.

We do need laws to make sure that the power of interception is not excessive or out of proportion. But the graver issue is that the equipment used for interception of communication is freely available in the market at a cheap price. This allows private citizens also to snoop into others conversation. So, interception by civilians should be the main concern.

Menaka Guruswamy discussed the lack of regulation of Indian intelligence agencies that creates burdens on privacy. When there is a conflict between individual privacy and national security, the court will always rule in favour of the national security. Public interest always takes precedence over individual interest.

When there is a claim right to privacy vis-à-vis national security, generally these claims are characterized by dissent, chilling effects on freedom of expression and government accountability. In India, privacy is fragile and relatively a less justifiable right. Another challenge to privacy is that, when communication is intercepted, which part of the conversation can be considered to be private and which part cannot be considered so.

Saikat Datta described his experience of being under illegal surveillance by an unauthorized intelligence agency. When a person is under surveillance, he or she is already considered to be suspect. If the State commits any mistake as to surveillance, carrying surveillance, who is not at all a person of interest in such case upon discovery, there is no penalty for such discrepancy.
He warned of the dangers of excessive wiretapping, a practice that currently generates such a “mountain” of information that anything with real intelligence value tends to be ignored until it is too late, as happened with the Mumbai bombings in 2008. It is clear that the Indian government’s surveillance and interception programmes far exceed what is necessary for legitimate law enforcement.

The issues, which came during the Q&A session was:

In case of national security vis-à-vis privacy in heavily militarized zone, legislations such as Armed Forces Special Powers Act actually give authority to the army to search and seizure on mere suspicion? This amounts gross violation of privacy.

Privacy and Banking

Panelists: M R Umarji, (Chief Legal Advisor, Indian Banks Associations), N A Vijayashankar, (Cyber Law Expert), Malavika Jayaram, (Advocate, Bangalore)
Moderator: Prashant Iyengar (Associate Professor, Jindal Law University)
Poster: Malavika Chandu (Law Student, NUJS)

Prashant Iyengar highlighted how privacy has been a central feature in banking and finance. Even before the notion of privacy came into existence, banks had developed an evolved notion of secrecy and confidentiality, which was fairly robust. Every legislation dealing with banking and finance generally have a clause related to privacy and confidentiality. It might seem that it would be easy to implement privacy in banking and finance given the long relationship between banking and secrecy and confidentiality. However, this is not the case in the contemporary times. Specifically, with the growth in issues related to national security, transparency and technology, the highly regarded notion of privacy seems to be slowly depleting.

Malavika Chandu described the data protection standards that govern the banking industry. As part of the know-you-customer guidelines, banks are required to provide the Reserve Bank with customer profiles and other identification information. Lastly, she described case laws in relation to privacy with respect to financial records.

N A Vijayashankar noted that the confidentiality and secrecy practices in the banking sector emanate from the banker-customer relationship. In the present context, secrecy and privacy maintained by the banks should be analyzed from the perspective of the right of the customer to safeguard his or her information from any third party. Generally, banks and other financial institutions protect personal information as a fraud control measure and not as duty to protect the privacy of a customer.

There has been a paradigm shift in banking practices from traditional banking practices to more efficient but less secure banking practice. Some of the terms and conditions of internet banking are illegal and do not stand the test of law. In contemporary times, banking institutions use confidentiality to cover up problems and data breach rather than protecting the customer. But the banks are not ready to disclose data breach as it apprehends that it will result in public losing faith in the system. The Reserve Bank of India, has recently notified that protection which is provided to the customers in banking services should also be extended to e-banking services. However, the banks have not properly implemented this.

M R Umarji highlighted fourteen laws related to banking which carries confidentiality clauses. In India, public sector banks dominate the market. These banks are created under a statute and such statute governs them. Therefore, they are duty bound to maintain secrecy and confidentiality. Private banks and cooperative banks are not bound by any statute. They do not have any obligations to maintain secrecy, but they do strictly observe confidentiality as a form of banking practice.

Banks are not allowed to reveal any personal information of an individual unless it is sought by some authority that has a legitimate right to claim such information. There has been a constant erosion of confidentiality due to various laws which empowers authorities to seek confidential information from the banks. Recently, in the light of the growing national security concerns, banks also have an obligation to report suspicious transactions. These have caused heavy burdens on right to privacy of an individual.

Under the Right to Information Act, 2005 public sector banks are considered to be public authorities. By the virtue of the Statute, any person can access information from banks. For example, in a recent case an information officer directed Reserve Bank of India, to disclose Inspection Reports. These reports generally contain information regarding doubtful accounts, non-performing account, etc. There is a need that banks should be exempted from the Right to Information Act, 2005. Since they are not dealing with public funds there is no need to apply transparency law to the banks.

Malavika Jayaram described the major conflicts and tensions with respect to privacy vis-à-vis banking and financial systems and financial data. Other privacy and transparency issues include: the publication of online tax information and income data.

Surveillance is built in the design of banking system, so it is capable of tracking personal information and activity. There is a need to implement more privacy friendly and privacy by design systems in the banking sector. Customers are generally ignorant about privacy policies and this influences informed consent and furthermore marketing institution may influence customers to behave in a particular manner. In this context privacy by design becomes very important.

Data minimization principles should be applied; since the more data collected the more there is a risk of data breach and misuse. In case of data retention it is necessary that person giving such data should know how much proportion of the data is being retained and for how long it is stored and also what is the scope of the data and for what purpose will it be used.

Personal information and data, which was previously collected by the government, are gradually being outsourced to private bodies. On one hand it is a good thing that private sector get their technology and security measures right as compared to the government agencies but it comes with the risk that it can be sold out by private bodies as commodities in the market. Private bodies that are harvesting the data can also be forced by the government to disclose it under a particular law or statute without taking into consideration the consent of the individual whose personal information is sought for.

There is multiplicity of documentation for identification, which makes transactions less efficient. This has attracted customers to more convenient systems such as one-access point systems, but people tend to forget the issues related to privacy, in using such a system. What is portrayed as efficient for the consumer is a tool for social control and who has access and authority to use such information.

Often the reason given for collecting information is that it will help the service provider to combat fraud. However, studies have shown people more often fake situation rather than identity. The other concerns are that of sharing of information and lack of choice with respect to such sharing. There should be check as to sharing of personal information as the data belongs to the individual and not the bank or any other institution which requires furnishing personal information in lieu of services. This gives rise to a binary choice to the user; either the individual has to provide information to avail the service or else one cannot avail the services.

There is supposed to be market for privacy. The notion of personal information is subjective and varies from person to person. For example, one might be comfortable to share certain information. However, others might not be.

The issues that came out of the Q&A sessions are:

The default settings are generally put at the low protection settings. Unless the user is aware of the privacy protection setting, he or she is prone to breach of privacy. Should the default privacy setting be set to maximum security and option can be given to the user to change it according to his or her preference?
Is there any system in the banks, which allows the customers of bank to know about which all third parties the bank has shared his or her personal information with?

Health Privacy

Panelists: K. K. Abraham, (President, Indian Network for People with HIV), Dr. B. S. Bedi, (Advisor, CDAC & Media Lab Asia), and Raman Chawla, (Senior Advocacy Officer, Lawyers Collective).
Moderator: Ashok Row Kavi (Journalist and LGBT Activist)
Poster: Danish Sheikh (Researcher, Alternative Law Forum)

Danish Sheikh outlined the possible health privacy violations. These included the disclosure of personal health information to third parties without consent, inadequate notification to a patient of a data breach, the purpose of collecting data is not specified and improper security standards, storage and disposal. The disclosure of personal health information has the potential to be embarrassing, stigmatizing or discriminatory.

Subsequently, Danish Sheikh examined the status of sexual minorities’ vis-à-vis the privacy framework. Culling out some real life examples based on various studies, media reports and judgments from the Supreme Court and the High Courts of Delhi and Allahabad, he also described privacy violations committed by both individuals as well as state authorities.

Ashok Row Kavi recounted how privacy was very contextual when debating section 377 in the LGBT community. The paradigm upon which they were going to fight the anti-sodomy law was that it was consenting sex between two adults in private space. However, this paradigm was not well received by women, as women did not see private space as safe space, due to domestic violence. Perceptions of privacy are very subjective and it differs from person to person.

Raman Chawla recounted the history of the Draft HIV/AIDS Bill. In 2002, the need for law related to HIV/AIDS was realized in order to protect right to consent, right against discrimination and right to confidentiality of HIV patients. The bill was finalized in the year 2006. Alarmingly, it is yet to be tabled before the Parliament.

The privacy provisions in the HIV bill clearly state that no person can be tested, treated or researched for HIV without the consent of the patient. It also casts that in a fiduciary relationship the health care provider must maintain confidentiality, however if the patient provides written consent then their status may be disclosed. The HIV condition of the patient can also revealed by the doctor if there is a court order demanding such disclosure. The doctor may disclose the status of the patient to his or her partner but he has to follow a particular protocol. The doctor should have sufficient belief that his or her partner is at risk of contracting HIV. The person who is infected will be asked for his/her views and counseled before his/her partner is informed. However, there are doubts as to the implementation and enforcement of this protocol.

Conclusion

Natasha Vaz (Policy Advocate, Privacy India) brought the symposium to a close by thanking the partners, the panelists, the moderators and the participants for their sincere efforts in making the All India Privacy Symposium a grand success. In India, a public discussion regarding privacy has been long over due. The symposium provided a platform for dialogue and building greater awareness around privacy issues in health, banking, national security, transparency and e-governance. Using our research, expert opinions, personal experiences, questions and comments various facets of privacy were explored.

Press Coverage

The event was featured in the media as well:

India needs an independent privacy law, says NGO Privacy India, Economic Times, February 2, 2012
New Bill to decide on individual’s right to privacy, Tehelka, February 6, 2012
Lack of strong privacy law in healthcare a big worry, Daily News & Analysis, February 13, 2012
Privacy concerns grow in India, Washington Post, February 3, 2012

Click to download the Agenda and Profile of Speakers (PDF, 1642 Kb)

Download the PDF (555 Kb)
Follow the webcast of the event

For more details visit https://cis-india.org/internet-governance/all-india-privacy-delhi-report

The AI Task Force Report - The first steps towards India’s AI framework

Elonnai Hickok, Shweta Mohandas and Swaraj Paul Barooah — 2018-06-27T14:32:56Z

The Task Force on Artificial Intelligence was established by the Ministry of Commerce and Industry to leverage AI for economic benefits, and provide policy recommendations on the deployment of AI for India.

The blog post was edited by Swagam Dasgupta. Download PDF here

The Task Force’s Report, released on March 21st 2018, is a result of the combined expertise of members from different sectors and examines how AI will benefit India. It sheds light on the Task Force’s perception of AI, the sectors in which AI can be leveraged in India, the challenges endemic to India and certain ethical considerations. It concludes with a set of policy recommendations for the government to leverage AI for the next five years. While acknowledging AI as a social and economic problem solver, the Report attempts to answer three policy questions:

What are the areas where government should play a role?
How can AI improve quality of life and solve problems at scale for Indian citizens?
What are the sectors that can generate employment and growth by the use of AI technology?

This blog will look at how the Task Force answered these three policy questions. In doing so, it gives an overview of salient aspects and reflects on the strengths and weaknesses of the Report.

Sectors of Relevance and Challenges

In order to navigate the outlined questions, the Report looks at ten sectors that it refers to as ‘domains of relevance to India’. Furthermore, it examines the use of AI along with its major challenges, and possible solutions for each sector. These sectors include: Manufacturing, FinTech, Agriculture, Healthcare, Technology for the Differently-abled, National Security, Environment, Public Utility Services, Retail and Customer Relationship, and Education. While these ten domains are part of the 16 domains of focus listed in the AITF’s web page, it would have been useful to know the basis on which these sectors were identified. A particular strength of the identified sectors is the consideration of technology for the differently abled as well as the recognition to the development of AI systems in spoken and sign languages in the Indian context.

Some of the problems endemic to India that were recognized include infrastructural barriers, managing scale and innovation, and the collection, validation and distribution of data. The Task Force also noted the lack of consumer awareness, and inability of technology providers to explain benefits to end users as further challenges. The Task Force — by putting the onus on the individual — seems to hint that the impediment to the uptake of technology is the inability of individuals to understand the benefits of the technology, rather than aspects such as poor design, opacity, or misuse of data and insights. Furthermore, although the Report recognizes the challenges associated to data in India and highlights the importance of quality and quantity of data; it overlooks the importance of data curation in creatinge reliable AI systems.

Although the Report examines challenges to AI in each sector, it fails to include all challenges that require addressal. For example, the report fails to acknowledge challenges such as the lack of appropriate certification systems for AI driven health systems and technologies. In the manufacturing sector, the Report fails to highlight contextual challenges associated with the use of AI. This includes the deployment of autonomous vehicles compared to the use of industrial robots.

On the use of AI in retail, the Report while examining consumer data and its respective regulatory policies, identified the issues to be related to the definition, discrimination, data breaches, digital products and safety awareness and reporting standards. In this, the Report is limited in its understanding of what categories of data can lead to discrimination and restricts mechanisms for transparency and accountability to data breaches. The Report could have also been more forward looking in its position on security — including security by design and security by default. Furthermore, these issues were noted only in the context of the retail sector and ideally should have been discussed across all sectors.

The challenges for utilizing AI for national security could have been examined beyond cost and capacity to include associated ethical and legal challenges such as the need for legal backing. The use of AI in national security demands clear accountability and oversight as it is a ground for legitimate state interference with fundamental rights such as privacy and freedom of expression. As such, there is a need for human rights impact assessments, as well as a need for such uses to be aligned with international human rights norms. Government initiatives that allow country wide surveillance and AI decisions based on such data should ideally be implemented only after a comprehensive privacy law is in place and India’s surveillance regime has been revisited.

Recognizing the potential of AI for the benefit of the differently abled is one of the key takeaways from this section of the Report. Furthermore, it also brings in the need for AI inclusivity. AI in natural language generation and translation systems have the potential to help the large number of youth that are disabled or deprived. Therefore, AI could have a large positive impact through inclusive growth and empowerment.

Although the Report examines each of the ten domains in an attempt to provide an insight into the role the government can play, there seems to be a lack of clarity in terms of the role that each department will and is playing with respect to AI. Even the section which lays down the relevant ministries for each of the ten domains failed to include key ministries and departments. For example, the Report does not identify the Ministry of Education, nor does it list the Ministry of Law for national security. The Report could have also identified government departments which would be responsible for regulation and standardization. This could include the Medical Council of India (healthcare), CII (manufacture and retail), RBI (Fintech) etc. The Report also does not recognize other developments around AI emerging out the government. For example, the Draft National Digital Communications Policy (published on May 1, 2018) seeks to empower the Department of Telecommunication to provide a roadmap for AI and robotics. Along similar lines, the Department of Defence Production has also created a task force earlier this year to study the use of AI to accelerate military technology and economic growth. The government should look at building a cohesive AI government body, or clearly delineating the role of each ministry, in order to ensure harmonization going forward.

Areas in need of Government Intervention

The Report also lists out the grand challenges where government intervention is required. This includes data collection and management and the need for widespread expertise contributing to research, innovation, and response. However, while highlighting the need for AI experts from diverse backgrounds, it fails to include experts from law and policy into the discussion. While identifying manufacturing, agriculture, healthcare and public utility to be places where government intervention is needed, the Report failed to examine national security beyond an important domain to India and as a sector where government intervention is needed.

Participation in International Forums

Another relevant concern that the Report underscores is India’s scarce participation as researchers, AI developers and government engagement in global discussions around AI. The Report states that although efforts were being made by Indian universities to increase their presence in international AI conferences, they were lagging behind other nations. On the subject of participation by the government it recommends regular presence in International AI policy forums. Hence, emphasising the need for India’s active participation in global conversations around AI and international rulemaking.

Key Enablers to AI

The Report while analysing the key enablers for AI deployment in India states that positive societal attitudes will be the driving force behind the proliferation of AI. Although relying on positive social attitudes alone will not help in increasing the trust on AI, steps such as making algorithms that are used by public bodies public, enacting a data protection law etc. will be important in enabling trust beyond highlighting success stories.

Data and Data Marketplaces

While the Report identifies data as a challenge where government intervention is needed, it also points to the Aadhaar ecosystem as an enabler. It states that Aadhaar will help in the proliferation of AI in three ways: one as a creator of jobs as related to the collection and digitization of data, two as a collector of reliable data, and three as a repository of Indian data. However, since the very constitutionality of Aadhaar is yet to be determined by the Supreme Court, the task force should have used caution in identifying Aadhaar as a definitive solution. Especially while making statements that the Aadhaar along with the SC judgement has created adequate frameworks to protect consumer data. Additionally, the Task Force should have recognized the various concerns that have been voiced about Aadhaar, particularly in the context of the case before the Supreme Court.

This section also proposes the creation of a Digital Data Marketplace. A data marketplace needs to be framed carefully so as to not create a situation where privacy becomes a right available to only those who can afford it. It is concerning that the discussion on data protection and privacy in the Report is limited to policies and guidelines for businesses and not centered around the individual.

Innovation and Patents

The Report states that the Indian startups working in the field of AI must be encouraged, and industry collaborations and funding must be taken up as a policy measure. One of the ways in which this could be achieved is by encouraging innovations, and one of the ways to do so is by adding a commercial incentive to it, such as through IP rights. Although the Report calls for a stronger IP regime that protects and incentivises innovation, it remains ambiguous as to which aspect of IP rights — patents, trade secrets and copyrights — need significant changes. If the Report is specifically advocating for stronger patent rights in order to match those of China and US, then it shows that the the task force fails to understand the finer aspects of Indian patent law and the history behind India’s stance on patenting. This includes the fact that Indian patent law excludes algorithms from being patented. Indian patent law, by providing a higher threshold for patenting computer related inventions (CRIs), ensures that only truly innovative patents are granted. Given the controversies over CRIs that have dotted the Indian patent landscape, the task force would have done well to provide more clarity on the ‘how’ and ‘why’ of patenting in this sector, if that is their intent with this suggestion.

Ethical AI framework

Responsible AI

In terms of establishing an ethical AI framework, the Task Force suggests measures such as making AI explainable, transparent, and auditable for biases. The Report addresses the fact that currently with the increase in human and AI interaction there is a need to have new standards set for the deployment of AI as well as industrial standards for robots. However, the Report does not go into details of how AI could cause further bias based on various identifiers such as gender and caste, as well as the myriad concerns around privacy and security. This is especially a concern given that the Report envisions widespread use of AI in all major sectors. In this way, the Report looks at data as both a challenge and an enabler, but fails to dedicate time towards explaining the various ethical considerations behind the collection and use of data in the context of privacy, security and surveillance as well as account for unintended consequences. In laying out the ethical considerations associated with AI, the report does not make a distinction between the use of AI by the public sector and private sector. As the government is responsible for ensuring the rights of citizens and holds more power than the citizenry, the public sector needs to be more accountable in their use of AI. This is especially so in cases where AI is proposed to be used for sovereign functions such as national security.

Privacy and Data

The Report also recognises the significance of the implementation of the Aadhaar Act, the privacy judgement and the proposed data protection laws, on the development and use of AI for India. Yet, the Report does not seem to recognize the importance of a robust and multi-faceted privacy framework as it assumes that the Aadhaar Act and the Supreme Court Judgement on privacy and potential privacy law have already created a basis for safe and secure utilization and sharing of customer data. Although the Report has tried to be an expansive examination of various aspects of AI for India, it unfortunately has not looked in depth at the current issues and debates around AI privacy and ethics and makes policy recommendations without appearing to fully reflect on the implementation and potential impact of the same. Similar to the discussion paper by the Niti Aayog, this Report does not consider the emerging principles of data protection such as right to explanation and right to opt-out of automated processing, which directly relate to AI. Furthermore, there is a lack of discussion on issues such as data minimisation and purpose limitation which some big data and AI proponents argue against.

Liability

On the question of liability, the Report only states that specific liability mechanisms need to be worked out for certain categories of machines. The Report does not address the questions of liability that should be applicable to all AI systems, and on whom the duty of care lies, not only in case of robots but also in the case of automated decision making etc. Thus, there is a need for further thinking on mechanisms for determining liability and how these could apply to different types of AI (deep learning models and other machine learning models) and AI systems.

AI and Employment

On the topic of jobs and employment, the Report states that AI will create more jobs than it takes as a result of an increase in the number of companies and avenues created by AI technologies. Additionally, the Report provides examples of jobs where AI could replace the human (autonomous drivers, industrial robots etc,) but does not go as far as envisioning what jobs could be created directly from this replacement. Though the Report recognizes emerging forms of work such as crowdsourcing platforms like Mturk, it fails to examine the impact of such models of work on workers and traditional labour market structures and processes. Going forward, it will be important that the government and the private sector undertake the necessary steps to ensure that fair, protected, and fulfilling jobs are created simultaneously with the adoption of AI. This will include revisiting national and organizational skilling programmes, labor laws, social benefit schemes, relevant economic policies, and exploring best practices with respect to the adoption and integration of AI in work.

Education and Re-skilling

The task force emphasised the need for a change in the education curriculum as well as the need to reskill the labour force to ensure an AI ready future. This level of reskilling will be a massive effort, and a thorough review and audit of existing skilling programmes in India is needed before new skilling programmes are established and financed. The Report also clarifies that the statistics used were based on a study on the IT component of the industry, and that a similar study was required to analyse AI’s effect on the automation component. Going forward, there is the need for a comprehensive study of the labour intensive sectors and formal and informal sectors to develop evidence based policy responses.

Policy Recommendations

The Task Force_, in its policy recommendations, notes that the successful adoption of AI in India will depend on three factors: people, process and technology. However, it does not explain these three factors any further.

National Artificial Intelligence Mission

The most significant suggestion made in the Report is for the establishment of the National Artificial Intelligence Mission (N-AIM) — a centralised nodal agency for coordinating and facilitating research, collaboration and providing economic impetuous to AI startups. The mission with a budget allocation of Rs 1,200 crore over five years aims, among other things, to look at various ways to encourage AI research and deployment. Some of the suggestions include targeting and prototyping AI systems and setting up of a generic AI test bed. These suggestions seems to draw inspiration from other countries such as the US DARPA Challenge and Japan’s sandbox for self driving trucks. The establishment of N-AIM is a welcome step to encourage both AI research and development on a national scale. The availability of public funds will encourage more AI research and development.Additionally, government engagement in AI projects has thus far been fragmentedand a centralised body will presumably bring about better coordination and harmonization. Some of the initiatives such as Capture the flag competition that seeks to centre around the provision for real datasets to catalyze innovation will need to be implemented with appropriate safeguards in place.

Other recommendations

There are other suggestions that are problematic — particularly that of funding “an inter-disciplinary large data integration center in pilot mode to develop an autonomous AI Machine that can work on multiple data streams in real time and provide relevant information and predictions to public across all domains.” Before such a project is developed and implemented there are a number of factors where legal clarity is required; a few being: data collection and use, accuracy and quality of the AI system. There is also a need to ensure that bias and discrimination have been accounted for and fairness, responsibility and liability have been defined with consideration that this will be a government driven AI system. Additionally, such systems should be transparent by design and should include redress mechanisms for potential harms that may arise. This can be through the presence of a human in the loop, or the existence of a kill switch. These should be addressed through ethical principles, standards, and regulatory frameworks.

The recommendations propose establishing operation standards for data storage and privacy, communication standards for autonomous systems, and standards to allow for interoperability between AI based systems. A significant lacuna in this list is the development of safety, accuracy, and quality standards for AI algorithms and systems.

Similarly, although the proposed public private partnership model for research and startups is a good idea, this initiative should be undertaken only after questions such as the implications of liability, ownership of IP and data, and the exclusion of critical sectors are thought through.

Furthermore, the suggestion to ‘fund a national level survey on identification of cluster of clean annotated data necessary for building effective AI systems’ needs to recognize the existing initiatives around open data or use this as a starting place. The Report does not clarify if this survey would involve identifying data.

Conclusion

The inconspicuous release of the Report as well as the lack of a call for public comments results in the fact that the Report does not incorporate or reflect on the sentiments of the public or draw upon the expertise that exists in India on the topic or policies around emerging technologies, which will have a pervasive and wide effect on society. The need for multi stakeholder engagement and input cannot be understated. Nonetheless, the Report of the Task Force is a welcome step towards understanding the movement towards an definitive AI policy. The task force has attempted answering the three policy questions keeping people, process and technology in mind. However, it could have provided greater details about these indices. The Report, which is meant for a wider audience, would have done well to provide greater detail, while also providing clarity on technical terms. On a definitional plane, a list of technologies that the task force perceived as AI for this Report, could have also helped keep it grounded on possible and plausible 5 year recommendations.

Compared to the recent Niti Aayog Discussion Paper, this Report misses out on a detailed explanation on AI and ethics, however, it does spend some considerable amount of time on education and the use of AI for the differently abled. Additionally, the Report’s statement on the democratization of development and equal access as well as assigning ownership and framing transparent rules for usage of the infrastructure is a positive step towards making AI inclusive. Overall, the Report is a progressive step towards laying down India’s path forward in the field of Artificial Intelligence. The emphasis on India’s involvement in International rulemaking gives India an opportunity to be a leader of best practice in international forums by adopting forward looking and human rights respecting practices. Whether India will also become a strong contender in the AI race, with policies favouring the development of a socio-economically beneficial, and ethical-AI backed industries and services is yet to be seen.

The Task Force consists of 18 members in total. Of these, 11 members are from the field of AI technology both research and industry, three from the civil services, one from healthcare research, one with and Intellectual property law background, and two from a finance background. The specializations of the members are not limited to one area as the members have experience or education in various areas relevant to AI. https://www.aitf.org.in// There is a notable lack of members from Civil Society. It may also be noted that only 2 of the 18 members are women

The Report on the Artificial Intelligence Task Force, Pg. 1,http://dipp.nic.in/sites/default/files/Report_of_Task_Force_on_ArtificialIntelligence_20March2018_2.pdf

ibid.

The Artificial Intelligence Task Force https://www.aitf.org.in/

The Report on the Artificial Intelligence Task Force, Pg. 8

The Report on the Artificial Intelligence Task Force, Pg. 9,10.

The Report on the Artificial Intelligence Task Force, Pg. 9

ibid.

Artificial Intelligence in the Healthcare Industry in India https://cis-india.org/internet-governance/files/ai-and-healtchare-report

Artificial Intelligence in the Manufacturing and Services Sector https://cis-india.org/internet-governance/files/AIManufacturingandServices_Report _02.pdf

The Report on the Artificial Intelligence Task Force, Pg. 21.

Submission to the Committee of Experts on a Data Protection Framework for India, Centre for Internet and Society https://cis-india.org/internet-governance/files/data-protection-submission

The Report on the Artificial Intelligence Task Force, Pg. 22

Draft National Digital Communications Policy-2018, http://www.dot.gov.in/relatedlinks/draft-national-digital-communications-policy-2018

Task force set up to study AI application in military,https://indianexpress.com/article/technology/tech-news-technology/task-force-set-up-to-study-ai-application-in-military-5049568/

It is not just technical experts that are needed, ethical, technical, and legal experts as well as domain experts need to be part of the decision making process.

The Report on the Artificial Intelligence Task Force, Pg. 31

Constitutional validity of Aadhaar: the arguments in Supreme Court so far, http://www.thehindu.com/news/national/constitutional-validity-of-aadhaar-the-arguments-in-supreme-court-so-far/article22752084.ece

ibid.

CIS Submission to TRAI Consultation on Free Data http://trai.gov.in/Comments_FreeData/Companies_n_Organizations/Center_For_Internet_and_Society.pdf

The Report on the Artificial Intelligence Task Force, Pg. 30

Section 3(k) of the patent act describes that a mere mathematical or business method or a computer programme or algorithm cannot be patented.

Patent Office Reboots CRI Guidelines Yet Again: Removes “novel hardware” Requirement

https://spicyip.com/2017/07/patent-office-reboots-cri-guidelines-yet-again-removes-novel-hardware-requirement.html

The Report on the Artificial Intelligence Task Force, Pg. 37

The Report on the Artificial Intelligence Task Force, Pg. 7

ibid.

The Report on the Artificial Intelligence Task Force, Pg. 8

National Strategy for Artificial Intelligence: http://niti.gov.in/writereaddata/files/document_publication/NationalStrategy-for-AI-Discussion-Paper.pdf

Meaningful information and the right to explanation,Andrew D Selbst Julia Powles, International Data Privacy Law, Volume 7, Issue 4, 1 November 2017, Pages 233–242

The Principle of Purpose Limitation and Big Data, https://www.researchgate.net/publication/319467399_The_Principle_of_Purpose_Limitation_and_Big_Data

M-Turk https://www.mturk.com/

For example a lesser threshold of minimum wages, no job secuirity etc, https://blogs.scientificamerican.com/guilty-planet/httpblogsscientificamericancomguilty-planet20110707the-pros-cons-of-amazon-mechanical-turk-for-scientific-surveys/

The Report on the Artificial Intelligence Task Force, Pg. 41

Report of Artificial Intelligence Task Force Pg, 46, 47

ibid.

The DARPAChallenge https://www.darpa.mil/program/darpa-robotics-challenge

Japan may set regulatory sandboxes to test drones and self driving vehicles http://techwireasia.com/2017/10/japan-may-set-regulatory-sandboxes-test-drones-self-driving-vehicles/

Mariana Mazzucato in her 2013 book The Entrepreneurial State, argued that it was the government that drives technological innovation. In her book she stated that high-risk discovery and development were made possible by government spending, which the private enterprises capitalised once the difficult work was done.

https://tech.economictimes.indiatimes.com/news/technology/govt-of-karnataka-launches-centre-of-excellence-for-data-science-and-artificial-intelligence/61689977,https://analyticsindiamag.com/amaravati-world-centre-for-ai-data/

The Report on the Artificial Intelligence Task Force, Pg. 47

Report of Artificial Intelligence Task Force Pg. 49

The Report on the Artificial Intelligence Task Force, Pg. 47

The AI task force website has a provision for public comments although it is only for the vision and mission and the domains mentioned in the website.

National Strategy for Artificial Intelligence: http://niti.gov.in/writereaddata/files/document_publication/NationalStrategy-for-AI-Discussion-Paper.pdf

For more details visit https://cis-india.org/internet-governance/blog/the-ai-task-force-report-the-first-steps-towards-indias-ai-framework

The 2013 EPT Award for Individuals in Developing Countries Working for Open Access

praskrishna — 2013-10-29T07:30:10Z

Below is the press release announcing the 3rd Annual Award for individuals in the developing world who have made a significant contribution to Open Access. The application form for nominations follows the announcement. The EPT hopes to receive a similarly large number of representations as were received for the award in its first two years.

Please send your proposal by 30/11/2013 to: EPT Chair, Derek Law, at d.law@strath.ac.uk

Open Access Week arrives again this October, and is a time to celebrate all that has been achieved in the previous twelve months. The Electronic Publishing Trust is a long standing advocate of OA and the difference it can make. As our contribution to this year’s OA Week, we are offering our third annual international award to recognise the impact that individuals can make. The huge interest in and success of the first two awards makes it clear that such international recognition acknowledges the very real efforts being made by many individuals throughout the world, and accelerates the development of models for achieving the open and free transfer of essential information for the progress of research.

Announcement

The Electronic Publishing Trust[*] is pleased to announce that it is offering its third annual award for individuals in developing and transition countries[**] who have made significant advances to the cause of open access and the free exchange of research findings. Information on previous winners can be found on our website at http://epublishingtrust.net/

Nominations are sought for the award. Individuals may be nominated by themselves or others or by organisations, sending a statement using the attached form to the chair of the EPT Board, (d.law@strath.ac.uk) outlining the achievements of the individual. Please find the nominations form below.

Nominations should be received by 30th November 2013. Selection of a winner will be made by a panel of EPT Board Members which will be chaired by Dr Patrick Corran, and will include Leslie Chan, Subbiah Arunachalam, Barbara Kirsop, co-founder of the charity, and Judy Ugonna.

The result will be announced in January 2014 and it is intended that a presentation will be made at a location convenient to the winner. The award recipient will be publicly recognised through the presentation of a certificate and an engraved award. It is also hoped to have a “side” event at future OA meetings to celebrate the work of the winner.

EPT Award submission form for nominations

The EPT Award is for individuals who have made an impact on the progress of open access to research findings.
Nominations may be made by individuals or organisations.
Please supply the following information:

Name of nominee:
Affiliation of nominee:
Position or role of nominee:
Contact address and email of nominee:
Contact address and email of proposer:

Please provide a brief statement to describe the ACTIVITIES of the nominee in support of Open Access (no more than 250 words).

Please describe the RESULTS AND SIGNIFICANCE of these activities (not more than 500 words).

[*]. The Electronic Publishing Trust for Development (EPT) was established in 1996 to facilitate open access to the world’s scholarly literature and to support the electronic publication of reviewed bioscience journals from countries experiencing difficulties with traditional publication.

[**]. As defined by the UN at http://unstats.un.org/unsd/methods/m49/m49regin.htm#transition

For more details visit https://cis-india.org/news/ept-award-for-individuals-in-developing-countries-working-for-open-access

The 2010 Special 301 Report Is More of the Same, Slightly Less Shrill

pranesh — 2011-10-03T05:37:27Z

Pranesh Prakash examines the numerous flaws in the Special 301 from the Indian perspective, to come to the conclusion that the Indian government should openly refuse to acknowledge such a flawed report. He notes that the Consumers International survey, to which CIS contributed the India report, serves as an effective counter to the Special 301 report.

Special 301 Report: Unbalanced Hypocrisy

The United States Trade Representative has put yet another edition of the Special 301 report which details the copyright law and policy wrongdoings of the US's trading partners. Jeremy Malcolm of Consumers International notes that the report this year claims to be "well-balanced assessment of intellectual property protection and enforcement ... taking into account diverse factors", but:

[I]n fact, the report largely continues to be very one-sided. As in previous editions, it lambasts developing countries for failing to meet unrealistically stringent standards of IP protection that exceed their obligations under international law.

More the report changes, the more it stays the same. Despite having wider consultations than just the International Intellectual Property Alliance (IIPA, consisting of US-based IP-maximalist lobbyists like the Motion Picture Association of America, Recording Industry Association of America, National Music Publishers Association, Association of American Publishers, and Business Software Alliance) and the Pharmaceutical Research and Manufacturers of America (PhRMA, consisting of US-based pharma multinationals), things haven't really changed much in terms of the shoddiness of the Special 301 report.

India and the 2010 Special 301 Report

The Special 301 report for 2010 contains the following assessment of India:

India will remain on the Priority Watch List in 2010. India continues to make gradual progress on efforts to improve its legislative, administrative, and enforcement infrastructure for IPR. India has made incremental improvements on enforcement, and its IP offices continued to pursue promising modernization efforts. Among other steps, the United States is encouraged by the Indian government’s consideration of possible trademark law amendments that would facilitate India’s accession to the Madrid Protocol. The United States encourages the continuation of efforts to reduce patent application backlogs and streamline patent opposition proceedings. Some industries report improved engagement and commitment from enforcement officials on key enforcement challenges such as optical disc and book piracy. However, concerns remain over India’s inadequate legal framework and ineffective enforcement. Piracy and counterfeiting, including the counterfeiting of medicines, remains widespread and India’s enforcement regime remains ineffective at addressing this problem. Amendments are needed to bring India’s copyright law in line with international standards, including by implementing the provisions of the WIPO Internet Treaties. Additionally, a law designed to address the unauthorized manufacture and distribution of optical discs remains in draft form and should be enacted in the near term. The United States continues to urge India to improve its IPR regime by providing stronger protection for patents. One concern in this regard is a provision in India’s Patent Law that prohibits patents on certain chemical forms absent a showing of increased efficacy. While the full import of this provision remains unclear, it appears to limit the patentability of potentially beneficial innovations, such as temperature-stable forms of a drug or new means of drug delivery. The United States also encourages India to provide protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States encourages India to improve its criminal enforcement regime by providing for expeditious judicial disposition of IPR infringement cases as well as deterrent sentences, and to change the perception that IPR offenses are low priority crimes. The United States urges India to strengthen its IPR regime and will continue to work with India on these issues in the coming year.

This short dismissal of the Indian IPR regime, and subsequent classification of India as a "Priority Watch List" country reveals the great many problems with the Special 301.

On Copyrights

The report notes that there are "concerns over India's inadequate legal framework and ineffective enforcement". However, nowhere does it bother to point out precisely how India's legal framework is inadequate, and how this is negatively affecting authors and creators, consumers, or even the industry groups (MPAA, RIAA, BSA, etc.) that give input to the USTR via the IPAA. Nor does it acknowledge the well-publicised fact that the statistics put out by these bodies have time and again proven to be wrong:
Apart from this bald allegation which has not backing, there is a bald statement about India needing to bring its copyright law "in line with international standards" including "the WIPO Internet Treaties". The WIPO Internet Treaties given that more than half the countries of the world are not signatories to either of the WIPO Internet Treaties (namely the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty), calling them 'international standards' is suspect. That apart, both those treaties are TRIPS-plus treaties (requiring protections greater than the already-high standards of the TRIPS Agreement). India has not signed either of them. It should not be obligated to do so. Indeed, Ruth Okediji, a noted copyright scholar, states:

Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the tradition of assuming that copyright’s most enduring cannons are culturally neutral. [...] The Treaties do not provide a meaningful basis for a harmonized approach to encourage new creative forms in much the same way the Berne Convention fell short of embracing diversity in patterns and modes of authorial expression.

Some of the of the 'problems' noted in the report are actually seen as being beneficial by many researchers and scholars such as Lawrence Liang, Achal Prabhala, Perihan Abou Zeid and others, who argue that lax enforcement has enabled access to knowledge and promotion of innovation. In a panel on 'Access to Knowledge' at the Internet Governance Forum, Lea Shaver, Jeremy Malcolm and others who have been involved in that Access to Knowledge movement noted that lack of strict enforcement played a positive role in many developing countries. However, they also noted, with a fair bit of trepidation, that this was sought to be changed at the international level through treaties such as the Anti-Counterfeiting Treaty Agreement (ACTA).
The scope of an optical disc law are quite different from copyright law. The report condemns "unauthorized manufacture and distribution of optical discs", however it does not make it clear that what it is talking about is not just unlicensed copying of films (which is already prohibited under the Copyright Act) but the manufacture and distribution of blank CDs and DVDs as well. The need for such a law is assumed, but never demonstrated. It is onerous for CD and DVD manufacturers (such as the Indian company Moserbaer), and is an overbearing means of attacking piracy.
The report calls for "improve[ment] [of India's] criminal enforcement regime" and for "deterrent" sentences and expeditious judicial disposition of IPR infringement cases. While we agree with the last suggestion, the first two are most unacceptable. Increased criminal enforcement of a what is essentially a private monopoly right is undesirable. Copyright infringment on non-commercial scales should not be criminal offences at all. What would deter people from infringing copyright laws are not "deterrent sentences" but more convenient and affordable access to the copyright work being infringed.

On Patents

Thankfully, this year the Special 301 report does not criticise the Indian Patent Act for providing for post-grant opposition to patent filings, as it has in previous years. However, it still criticises section 3(d) of the Patent Act which ensures that 'evergreening' of drug patents is not allowed by requiring for new forms of known substances to be patented only if "the enhancement of the known efficacy of [the known] substance" is shown. Thus, the US wishes India to change its domestic law to enable large pharma companies to patent new forms of known substances that aren't even better ("enhancement of the known efficacy"). For instance, "new means of drug delivery" will not, contrary to the assertions of the Special 301 report and the worries of PhRMA, be deemed unpatentable.

The United States has been going through much turmoil over its patent system. Reform of the patent system is currently underway in the US through administrative means, judicial means, as well as legislative means. One of the main reasons for this crumbling of the patent system has been the low bar for patentability (most notably the 'obviousness' test) in the United States and the subsequent over-patenting. An American judgment even noted that "anything under the sun that is made by man" is patentable subject matter. It is well-nigh impossible to take American concerns regarding our high patent standards seriously, given this context.

Miscellanea

The harms of counterfeit medicine, as we have noted earlier, are separate issues that are best dealt under health safety regulations and consumer laws, rather than trademark law.

Data exclusivity has been noted to be harmful to the progress of generics, and seeks to extend proprietary rights over government-mandated test data. It is [clear from the TRIPS Agreement][de-trips] that data exclusivity is not mandatory. There are clear rationale against it, and the Indian pharmaceutical industry [is dead-set against it][de-india]. Still, the United States Trade Representative persists in acting as a corporate shill, calling on countries such as India to implement such detrimental laws.

Conclusion

Michael Geist, professor at University of Ottowa astutely notes:

Looking beyond just Canada, the list [of countries condemned by the Special 301 report] is so large, that it is rendered meaningless. According to the report, approximately 4.3 billion people live in countries without effective intellectual property protection. Since the report does not include any African countries outside of North Africa, the U.S. is effectively saying that only a small percentage of the world meet its standard for IP protection. Canada is not outlier, it's in good company with the fastest growing economies in the world (the BRIC countries are there) and European countries like Norway, Italy, and Spain. In other words, the embarrassment is not Canadian law. Rather, the embarrassment falls on the U.S. for promoting this bullying exercise and on the Canadian copyright lobby groups who seemingly welcome the chance to criticize their own country.

His comments apply equally well for India as well.

IIPA's Recommendation for the Special 301 Report

Thankfully, this year IIPA's recommendations have not been directly copied into the Special 301 report. (They couldn't be incorporated, as seen below.) For instance, the IIPA report notes:

The industry is also concerned about moves by the government to consider mandating the use of open source software and software of only domestic origin. Though such policies have not yet been implemented, IIPA and BSA urge that this area be carefully monitored.

Breaking that into two bit:

Open Source

Firstly, it is curious to see industry object to legal non-pirated software. Secondly, many of BSA's members (if not most) use open source software, and a great many of them also produce open source software. HP and IBM have been huge supporters of open source software. Even Microsoft has an open source software division. [Intel][intel], SAP, Cisco, Dell, Sybase, Entrust, Intuit, Synopsys, Apple, Borland, Cadence, Autodesk, and Siemens are all members of BSA which support open source software / produce at least some open source software. And all BSA members rely on open source software (as part of their core products, their web-server, their content management system, etc.) to a lesser or greater extent. BSA's left hand doesn't seem to know what its right hand -- its members -- are doing. Indeed, the IIPA does not seem to realise that the United States' government itself uses [open source software], and has been urged to look at FOSS very seriously and is doing so, especially under CIO Vivek Kundra. And that may well be the reason why the USTR could not include this cautionary message in the Special 301 report.

Domestic Software

As this insightful article by Nate Anderson in Ars Technica notes:

Open source is bad enough, but a "buy Indian" law? That would be an outrage and surely something the US government would not itself engage in as recently as last year. Err, right?

Furthermore, the IIPA submission do not provide any reference for their claim that "domestic origin" software is being thought of being made a mandatory requirement in governmental software procurement.

WCT, WPPT, Camcording, and Statutory Damages

The IIPA submission also wish that India would:

Adopt a system of statutory damages in civil cases; allow compensation to be awarded in criminal cases;
Adopt an optical disc law;
Enact Copyright Law amendments consistent with the WCT and WPPT;
Adopt an anti-camcording criminal provision.

Quick counters:

Statutory damages (that is, an amount based on statute rather than actual loss) would result in ridiculousness such as the $1.92 million damages that the jury (based on the statutory damages) slapped on Jammie Thomas. The judge in that case called the damage award "monstrous and shocking" and said that veered into "the realm of gross injustice."
The reasons against an optical disc law are given above. Quick recap: it is a) unnecessary and b) harmful.
India has not signed the WCT and the WPPT. Indian law satisfies all our international obligations. Thus enacting amendments consistent with the WCT and the WPPT is not required.
Camcording of a film is in any case a violation of the Copyright Act, 1957, and one would be hard-pressed to find a single theatre that allows for / does not prohibit camcorders. Given this, the reason for an additional law is, quite frankly, puzzling. At any rate, IIPA in its submission does not go into such nuances.

Further conclusions

Shamnad Basheer, an IP professor at NUJS, offer the following as a response:

"Dear USA,

India encourages you to mind your own business. We respect your sovereignty to frame IP laws according to your national priorities and suggest that you show us the same courtesy. If your grouse is that we haven't complied with TRIPS, please feel free to take us to the WTO dispute panel. Our guess is that panel members familiar with the English language will ultimately inform you that section 3(d) is perfectly compatible with TRIPS. And that Article 39.3 does not mandate pharmaceutical data exclusivity, as you suggest! More importantly, at that point, we might even think of hauling you up before the very same body for rampant violations, including your refusal to grant TRIPS mandated copyright protection to our record companies, despite a WTO ruling (Irish music case) against you.

Yours sincerely,

India."

Basheer's suggestion seems to be in line with that Michael Geist who believes that other countries should join Canada and Israel in openly refusing to acknowledge the validity of the Special 301 Reports because they lack ['reliable and objective analysis'][geist-reliable]. And that thought serves as a good coda.

For more details visit https://cis-india.org/a2k/blogs/2010-special-301

The 2G Supreme Court Judgment

Shyam Ponappa — 2012-03-13T08:21:49Z

The Business Standard published Shyam Ponappa's two-part article deconstructing the assumptions in the Supreme Court's 2G judgment, and suggesting possible ways forward. The first one was published on March 1, 2012, and the second on March 4, 2012.

The 2G Supreme Court Judgment - 1

Time for a review [Flawed assumptions: auctions]

The judgment cancelling 2G licences was based on demonstrably incorrect assumptions about auctions, writes Shyam Ponappa in an article published in the Business Standard on March 1, 2012. This first of two articles starts out with identifying the false premises of the judgment, particularly relating to the consequences of auctions.

The Supreme Court judgment of February 2, 2012, cancelling 122 2G licences needs a detailed review. This is because it is based on faulty premises relating to economics, finance and technology. If the Supreme Court entertains review petitions on this judgment, it is imperative that the judges be aware of these false premises, and that they be correctly informed regarding these issues. This article gives a few instances of such errors and explores the logic of auctions.

First, as an example of an error, the judgment states, “Spectrum has been internationally accepted as a … renewable natural resource which is susceptible to degradation in case of inefficient utilisation.”

The fact is that spectrum is not renewable, nor is it degraded. Spectrum is completely unaffected by use, unlike the degradation of land or water through use. However, use of a particular range of frequencies in a given space and time can block another user’s effective access to the same spectrum in that space and time — hence the need for considering efficient societal use.

Second, the judgment states that “the Government of India has already taken a decision to ... allot the same [spectrum] by auction”, quoting Telecom Minister Kapil Sibal. The fact is that the government had not announced such a policy decision before the judgment.

Third, the judgment prescribes auctions as being in the public interest. Are they?

The assumption that auctions are in the public interest warrants a detailed review. Amidst a cacophony of confused opinion based on little knowledge and less understanding, here is the evidence:

a) Maximum public revenues: auctions or revenue share?

Assume for a moment that public revenues are indeed the appropriate measure in the public interest. What does the evidence show? An estimate from the Telecom Regulatory Authority of India (TRAI) in 2005, of auction fees foregone after the transition to revenue-sharing, was Rs 19,314 crore from March 1999 to March 2007. In fact, actual revenue-share collections by March 2007 amounted to double that number, or Rs 40,000 crore. Further, the amount collected by March 2010 was Rs 80,000 crore.

Sources: Auctions - TRAI, 2005:
http://www.trai.gov.in/trai/upload/StudyPapers/2/ir30june.pdf
Revenue Share: CAG, 2010: http://cag.gov.in/html/reports/civil/2010-11_19PA/Telecommunication%20Report.pdf

These data demonstrate that over seven and 10 years, revenue-share collections far exceeded auction fees foregone. Over the entire life-cycle (20 years or more with extensions?), the revenue-share collections will overwhelm even the Comptroller and Auditor General’s (CAG’s) imaginary lost revenues.

b) Public interest: revenues, or access and usage?

What is really in the public interest — revenue collections or the benefits of usage? The CAG report and the clamour for auctions assume that revenue collections reflect the public interest. However, the draft National Telecom Policy 2011 (NTP-2011) states as its first objective: “Provide high quality, affordable and secure telecommunication services to all citizens.” It states that revenue generation will be secondary.

In other words, the policy objective is to provide the benefits of accessible, affordable services to users, not to maximise revenues collected. This was the first time the government unequivocally stated an objective that appeared emphatically in the public interest. The Supreme Court has thus far seen it differently, although this has nothing to do with upholding the law.

The confusion is made worse because the preponderance of literature is by “auction experts” focusing on high fees — and not at all on the services that should have followed but didn’t, because the capital went into the auctions instead of building service capability. A notable exception is a more balanced study of spectrum auctions worldwide that considers social gains as well as fees — which estimates social gains at an overwhelming 240:1 (“What really matters in spectrum allocation design”, Thomas W Hazlett and Roberto E Munoz, April 9, 2010: http://ideas.repec.org/p/reg/wpaper/372.html).

c) Are auctions in the public interest?

There was one successful auction in India in 2001 – because the market was dead – for a fourth mobile operator per circle. Other auctions in India and abroad resulted in the failure of network rollout and services, but were hailed as successes because of high auction fees. For cases of “operation successful, but patient dead”, read on.

Auction failures

US, 1994: The first US auction netted huge bids. Soon after, a number of “successful” bidders declared bankruptcy. This was repeated in the 1995-1996 “C”-Block auctions.

India, 1994: This auction in 1994 was followed by chaos from overbidding and default. The sector recovered only after many years, when the bids were set aside in favour of revenue-sharing with NTP-99. It took almost a decade before a reduction in revenue share (lower fees) and tariffs (calling party pays) led to explosive growth in mobile telephony from mid-2003.
UK, 2000/European Union, 2001 (3G): Considered a spectacular success, netting about $35 billion in the UK, followed by high bids in Austria, Germany and Italy that netted over $100 billion, these auctions raised about ten times the amount expected. The markets collapsed thereafter, and the bidders couldn’t service the debts incurred. Companies have taken a decade to recover, moving cautiously even now on 4G.
India, 2010 (3G and broadband wireless access): Hailed as a success, with over Rs 1,00,000 crore bid, lacklustre performance has followed, as companies struggle with the “winner’s curse” of paying too much to corner spectrum.

Auction experts have written disparagingly of “failures” (low fees) in countries like the Netherlands, Switzerland, Sweden, and non-auction countries like South Korea, Japan and Finland (until 2009). However, these disparaged countries have the best broadband services, according to a 2010 study by Saïd Business School at Oxford (http://www.sbs.ox.ac.uk/newsandevents/releases/PublishingImages/3 - Broadband quality ranking - by economic development.jpg). That is not surprising, considering that the capital was invested in service delivery, instead of in vying for spectrum.

Read the original from the Business Standard

The 2G Supreme Court Judgment - 2

Open access is the future [Flawed assumptions re technology; way forward?]

This article addresses erroneous technological assumptions, and explores possible ways forward.

The first part of this article (‘Time for a review’, BS, March 1) dealt with erroneous assumptions, especially regarding auctions. This part covers misplaced assumptions about technology, and explores constructive alternatives going forward.

Errors in technical assumptions
An assumption underlying the prescription of auctions is that spectrum must be assigned to operators for their exclusive use. This was how wireless evolved during the first half of the 20th century, when radio frequency interference was the predominant problem in wireless communications.

With developments in technology, some advocate open spectrum predicated on the use of “cognitive radio” or “software-defined radio”, by which user equipment avoids interference by sensing unused channels automatically. In this model, open-access spectrum is a commons.

Another approach is to use a database-driven open-access model, whereby devices register with a database, and are dynamically assigned spectrum as needed. If this were possible in 1959, when Ronald Coase first recommended auctions, it would not have been necessary to parcel out spectrum. Even in America’s developed economy, the first auction was in 1994, and it failed.[1]

Now, technological developments enable spectrum sharing and dynamic assignment. America’s FCC has appointed 10 database administrators for dynamic spectrum allocation, with Spectrum Bridge being the first — in operation from January 2012.

America restricts this approach to unused spectrum in the TV bands, and a portion of the 700 MHz band, called “TV white spaces” (TVWS). The UK’s Ofcom is taking similar steps, with implementation planned for 2013. While all licensed frequencies could be pooled, sharing is restricted to TVWS because of conventions and legacies, and operators’ and governments’ preference for auctions. This judgment rules out sharing, blocking other technologies if the spectrum were available.[1]

The lure of auctions

For markets like India, there is every reason from a technology perspective to share not only TVWS and 700 MHz, but all commercially licensed spectrum. There is a technological basis for pooled spectrum, without exclusive assignment and auctions. Yet people love auctions: liberals, because business must pay its way, and governments get revenues; conservatives, because market mechanisms substitute for government controls.[2] Operators prefer exclusive assignment to the uncertainties of open access and compensation for their holdings. Governments want auction revenues. So neither governments, nor big operators, nor the uninformed public, see incentives for pursuing what is in the public interest: shared spectrum.

For Technology leaders in OECD markets, shared spectrum was not a priority, because more spectrum was available to fewer operators. For instance, in 2010, operators in many US cities had 55-90 MHz according to gigaom.com, and AT&T was using only about half its available spectrum, whereas in Delhi and Mumbai, operators had only 10 MHz.

First-come-first-served

Can the FCFS policy be abrogated on the basis of unconstitutionality? If so, the induced turmoil and far-reaching changes in procedures required for everything from tickets for railways or airlines, state-owned assets such as land, mining concessions, even government housing (including for judges?!), and all previous licences granted by FCFS procedures, defy imagination. This urgently needs review by the Supreme Court in the public interest.

Irregularities, outcomes, contracts and cancellation

The same 11 companies whose licences were cancelled qualified according to the FCFS principle, except that their sequence was changed, apparently through procedural irregularities. In other words, without malfeasance, the same companies would have got the licences, except for S Tel getting Delhi and someone else not. Malfeasance deserves penalisation. However, as changes resulting from irregularities are limited in the sense that the same candidates would have won, must all licences be cancelled? Is there a judicial option of annulling the award, and placing the issue before the executive for equitable resolution in the public interest? After all, it is against the public interest to induce turmoil in markets and development capabilities, which the present ruling is likely to do not only in telecom, but in other sectors like energy, mining, manufacturing and transportation. Also, if foreign companies acquired legitimate stakes in licence holders, can these contracts be nullified without proof of their malfeasance? Or could erring parties be penalised, while legitimate parties are enabled to reconstitute their position as required by law?

The way forward
Unfortunately, it is for our discredited and dispirited government to pick itself up and dig us out of this hole. Focused, goal-oriented action on the following lines would help.

First, review petitions: A first step is structured review petitions to the Supreme Court seeking relief, without grandstanding, bluster, or abdication of responsibility.

Second, an alternative to spectrum auctions exists in open access with payment. Both public revenues as well as public usage can be well served by treating access to spectrum as an open-access right-of-way. India’s policy makers need to consider the US and the UK’s shared spectrum approach. Spectrum can be paid for as it is used, as are oil pipelines, roads, or airports and ports.

Open access could create tremendous opportunities in India, including for other technologies, e.g., a revival of WiMAX, if Intel grasps the nettle.

Third, on the cancelled licences. This has different problem sets. One set comprises parties who abused the system, punishable under due process of law. If there are parties in a second set that did no wrong, they should suffer no penalty.

What of a subset of the first, in which a foreign partner invested legitimately and built out, provided they were within the law? If these investors acted in good faith, perhaps a legal recourse could be to place their cases before the government for resolution and rehabilitation in the public interest conforming with the laws, if need be by a dispensation from the court, or even by fresh legislation. After all, good faith investors have contractual rights. Possible solutions might be (a) to penalise the guilty partner, while absolving the innocent, or (b) cancelling the licences of the guilty, while allowing the innocent to reconstitute as required by the law.

Above all, there is need for problem-solving that is systematic, transparent and participative, with expert inputs in domains and processes, to place the sector on a firm footing.

Read the original published in the Business Standard

[1].http://www.benkler.org/Open_Wireless_V_Licensed_Spectrum_Market_Adoption_current.pdf

[2].Paraphrasing Eli Noam: http://www.citi.columbia.edu/elinoam/articles/beyond_auctions.htm

[3].For details, see: http://organizing india.blogspot.com/2011/06/ntp-2011-objective-broadband.html

For more details visit https://cis-india.org/telecom/2-g-supreme-court-judgement-1

The (in)Visible Subject: Power, Privacy and Social Networking

rebecca — 2011-08-18T05:06:52Z

In this entry, I will argue that the interplay between privacy and power on social network sites works ultimately to subject individuals to the gaze of others, or to alternatively render them invisible. Individual choices concerning privacy preferences must, therefore, be informed by the intrinsic relationship which exists between publicness/privateness and subjectivity/obscurity.
The Architecture of Openness

Through a Google search or a quick scan of Facebook, people today are able to gain “knowledge” on others in a way never once possible. The ability to search and collect information on individuals online only continues to improve as online social networks grow and search engines become more comprehensive. Social networks, and the social web more broadly, has worked to fundamentally alter the nature of personal information made available online. Social networking services today enable the average person, with web access, to publish information through a “social profile”. Personal information made available online is now communicative, narrative and biographic. Consequentially, social profiles have become rich containers of personal information that can be searched, indexed and analyzed.

The architecture of the social web further encourages users to enclose volumes of personally identifiable information. Most social network sites embrace the “ethos of openness” as, by default, most have relaxed privacy settings. While most sites give users relative control over the disclosure of personal information, services such as MySpace, Facebook and Live Journal are far ahead of the black and white public/private privacy models of sites such as Bebo and Orkut. Bebo, for example, only allows users to disclose information to “friends” or “everyone”, granting little granularity for diverse privacy preferences. MySpace and Facebook, on the other hand, have made room for “friends of friends”, among other customizable group preferences. All networking sites also consider certain pieces of basic information publicly available, without privacy controls. On most sites, this includes name, photograph, gender and location, and list of friends. Okrut, however, considers far more information to public—leaving the political views and religions of its’ members public. This openness leaves the individual with little knowledge or control over how their information is viewed, and subsequently used.

Search functionality has also increased the visibility of individuals outside their immediate social network. For example, sites such Facebook and LinkedIn index user profiles through Google search. Furthermore, all social network sites index their users, effectively allowing profiles to be searched by other users through basic registration data, such as first and last name or registered email address. While most services allow users to remove their profiles from external search engines, they are often not able to effectively control internal searches. Orkut, for example, does not allow users to disable internal searches according to their first and last names. LinkedIn and MySpace also maintains that users be searchable by their email addresses.

Through this open architecture and search functionality, social network sites have rendered individuals more “visible” vis-à-vis one another. The social web has effectively altered the spatial dimensions of our social lives as grounded, embodied experience becomes ubiquitous and multiply experienced. Privacy, in the online social milieu, assumes greater fluidity and varied meaning—transcending spatially constructed understandings of the notion.

While the architecture of social networking sites encourages users to be more “public”, heightened control, or “more privacy” is generally suggested as the panacea to privacy concerns. However, the public/private binary of privacy talk often fails to capture the complex nexus which exists between privacy and power in the networked ecosystem. Privacy preferences on social networks, and the consequences thereof, are effectively shaped and influenced by structures of power. In this entry, I will argue that the interplay between privacy and power works ultimately to expose individuals to the subjective gaze of others, or to render them invisible. In this respect, individual choices concerning privacy preferences must be informed by the intrinsic relationship between notions of publicness/privateness and subjectivity/obscurity.

Power and Subjectivity

The searchable nature of the social profile allows others to quickly and easily aggregate information on one another. As privacy scholar Daniel Solve notes, social searching may be of genuine intent – individuals use social networking services to locate old friends, and to connect with current colleagues. However, curiosity does not always assume such innocence, as fishing expeditions for personal information may serve the purpose of judging individuals based perception of the social profile. The relatively power of search and open information can be harnessed to weed out potential job applicants, or to rank college applicants. Made possible through the architecture of the web and social constructions of power, individuals may be subjected to the deconstructive gaze of superiors.

The architecture of social networking sites significantly compliments this nexus between privacy and power. As individual behavior and preferences become more transparent, the act of surveillance is masked behind the ubiquity and anonymity of online browsing. Drawing on Foucault’s panopticism, social networks make for the “containerization” of social space –allowing the powerful to subjectively hierarchize and classify individuals in relation to one another [1]. This practice becomes particularly troublesome online, as individuals are often unable to control how they are constructed by others in cyberspace.

Perfect control is difficult to guarantee in an ecosystem where personal information is easily searched, stored, copied, indexed, and shared. In this respect, the privacy controls of social networking sites are greatly illusory. Googling an individual’s name, for example, may not reveal the full social profile of an individual, but may unveil dialogue involving the individual in a public discussion group. The searchable nature of personal information on the web has both complicated and undesirable consequences for privacy of the person for, what I believe, to be two main reasons.

The first point refers to what Daniel J. Solve describes as the “virtue of knowing less”. Individuals may be gaining more “information” on others through the internet, but this information is often insufficient for judging one’s character as it only communicates one dimension of an individual. In her work, Helen Nissenbaum emphasizes the importance contextual integrity holds for personal information. When used outside its intended context, information gathered online may not be useful for accurately assessing an individual. In addition, the virtual gaze is void of the essential components of human interaction necessary to effectively understand and situate each other. As Solve notes, certain information may distort judgment of another person, rather than increasing its accuracy.

Secondly, the act of surveillance through social networks work to undermine privacy and personhood, as individuals seek to situate others as “fixed texts” [2]. Due to the complex nature of the social self, such practice is undesirable. Online social networks are socially constructed spaces, with diverse meanings assigned by varied users. One may utilize a social network service to build and maintain professional relationships, while another may use it as an intimate space to share with close friends and family. James Rachels’ theory of privacy notes that privacy is important, as it allows individuals to selectively disclose information and to engage in behaviors appropriate and necessary for maintaining diverse personal relationships. Drawing on the work of performance theorists such as Judith Butler, we can assert that identity is not fixed or unitary, but is constituted by performances that are directed at different audiences [3]. Sociologist Erving Goffman also notes that we “live our lives as performers… [and] play many different roles and wear many different masks” [4]. Individuals, therefore, are inclined to perform themselves online according to their perceived audiences. It is the audience, or the social graph, which constructs the context that, in turn, informs individual behavior.

Any attempt to situate and categorize the individual becomes particularly problematic in the context of social networks, where information is often not intended for the purpose for which it is being used. Due to the complex nature of human behavior, judgments of character based on online observation only effectively capture one side of the “complicated self”. As Julie Cohen writes, the “law often fails to capture the mutually constitutive interactions between self and culture, the social constructions of systems of knowledge, and the interplay between systems of knowledge and systems of power”. Because the panoptic gaze is decentralized and anonymous in the networked ecosystem, individuals will often bear little knowledge on how their identities are being digitally deconstructed and rewired. Most importantly, much of this judgment will occur without individual consent or knowledge—emphasizing the transparent nature of the digital self.

Power and (in)visibility

In response to the notion that the architecture of the social web may render individuals transparent to the gaze of others, the need for more “control” over privacy on social network sites has captured the public imagination. Facebook’s abrupt privacy changes, for example, have received widespread attention in the blogosphere and even by governments. While popular privacy discourse often continues to fixate on the public/private binary—Facebook’s questionable move towards privacy decontrol has raised important questions of power and privilege.

A recent blog post by danah boyd nicely touches upon the dynamics of power, public-ness, and privilege in the context of online social networking. As she notes, “Public-ness has always been a privilege… but now we've changed the equation and anyone can theoretically be public… and seen by millions. However, there are still huge social costs to being public…the privileged don’t have to worry about the powerful observing them online…but most everyone else does –forcing people into the public eye doesn’t dismantle the structures of privilege and power, but only works to reinforce them” (emphasis added).

This point touches upon an important idea —that publicity has value. This nexus between visibility and power is one which unfolds quite clearly in the social media ecosystem. One’s relevance or significance could, arguably, be measured relative to online visibility. Many individuals who are seen as “leaders” within their own professional or social circles often maintain public blogs, maintain a herd of followers on Twitter, and often manage large numbers of connections on social network sites. The more information written by or on an individual online, arguably, the more relevant they appear to in the eyes of their peers and superiors alike.

Power and privilege, however experienced, will be mirrored in the online context. While the participatory and decentralized nature of Web 2.0 arguably works challenge traditional structures of power, systemic hierarchies and are often reinforced online –as Facebook’s privacy blunders clearly illustrates. The privileged need not worry about the subjective gaze of their superiors, as boyd notes. Those who may be compromised due to the lack of privateness, however, do. As boyd goes on to argue, “the privileged get more privileged, gaining from being exposed… and those struggling to keep their lives together are forced to create walls that are constantly torn down around them”. As public exposure may over often equate to power, we must critically challenge the assumption that the move towards more privacy control on social networks will best empower its members.

If publicity can potentially have great value for the individual, the opposite also rings true. Privacy, as polemic to publicness, alternatively works to diminish the presence of the individual, rendering them invisible or irrelevant within hyper-linked networks. With greater personal protectionism online, an individual may go unnoticed or unrecognized, fizzling out dully behind their more public peers. Drawing on social network theory, powerful people can be understood as “supernodes” as they connect more peripheral members of a network. As Lior Strahilevitz notes, supernodes tend to be better informed than the peripherals, and are most likely to be perceived as “leaders”.

As the power of the supernode relates to privacy, Strahilevitz states that that “supernodes maintain their privileged status by continuing to serve as information clearinghouses….and, in certain contexts, become supernodes based in part on their willingness to share previously private information about themselves”. It is within the context of visibility and power that the idea of (in)visibility and powerlessness online unfold. Those who have most at risk by going public, may chose not to do so. Those with in comfortable positions with considerably less to lose by going public may be inclined to “open up”. Heightened privacy controls on social network services, therefore, can work to reinforce the very structures of power they seek to dismantle.

This is not to argue, however, that more privacy is necessarily bad, and that less privacy is good, or that users shouldn’t be selective in their disclosures – to the contrary. As personal information has become ubiquitous and tools for aggregating information improve, maintaining privacy online becomes more pertinent than ever. However, the concept of privacy will only continue to become increasingly complex as digital networks continue to deconstruct and reconfigure the spatial dimensions of the public and private. How are we to effectively understand privacy in a social environment which values openness and publicity? Can the fluid and dynamic self gain visibility online without becoming subject to the gaze of superiors? Will those who selectively choose friends and carefully disclose personal information fizzle out, while the powerful and less inhibited continue to reassert privilege? The interplay between power and privacy on the social web is a multiply constitutive and reinforcing synergy –understanding how to effectively strike balance between the right to privacy and self-determination is the challenge ahead.

1. see “Foucault in Cyberspace” by James Boyle

2. Julie Cohen

3. Cohen citing Butler

4. Solve citing Goffman

Document Actions

For more details visit https://cis-india.org/openness/blog-old/the-in-visible-subject-power-privacy-and-social-networking

The 'Dark Fibre' Files: Interview with Jamie King and Peter Mann

siddharth — 2011-08-04T04:41:31Z

Film-makers Jamie King (producer/director of the 'Steal This Film' series) and Peter Mann, in conversation with Siddharth Chadha, on 'Dark Fibre', their latest production, being filmed in Bangalore

'Dark Fibre' is a documentary/fiction hybrid by J. J. King, producer/director of the 'Steal This Film' series, which has already reached over six million people online and is working towards achieving international television distribution, and Peter Mann, a British film-maker whose most recent work is titled 'Sargy Mann'.

'Dark Fibre' is set amongst the cablewallahs of Bangalore, and uses the device of cabling to traverse different aspects of informational life in the city. It follows the lives of real cablewallahs and examines the political status of their activities.The fictional elements arrive in the form of a young apprentice cablewallah who attempts to unite the disparate home-brew networks in the city into a grassroots, horizontal 'people's network'. Some support the activity and some vehemently oppose it -- but what no one expects is the emergence of a seditious, unlicensed and anonymous new channel which begins to transform people's imaginations in the city. Our young cable apprentice is tasked with tracking down the channel, as powerful political forces array themselves against it. Not only the 'security' of the city, but his own wellbeing depend on whether he finds it, and whether it proves possible to stop its distribution. Meanwhile, mysterious elements from outside India -- possibly emissaries of a still-greater power -- are appearing on the scene. This quest for the unknown channel is reminiscent of a modern-day 'Moby Dick', with the city of Bangalore as the high seas and our cable apprentice a reluctant Ahab. The action is a combination of verite, improvisation and scripted action.

In conversation with Jamie and Peter in Bangalore

Q: How did you get the idea to make Dark Fibre, a fiction film?

Peter:

We first met through BritDoc--British Documentary--and they run Channel 4 which is a Film Foundation. They have been good to us. They funded both Steal This Film and 'Sargy Mann'--a film on my father who is a blind man. They organised a meeting of all the directors they had funded and we met there. We were both thinking about what to do next and felt frustrated because we were making documentaries but really wanted to make fiction. We both shared the same ideas, with regard to shooting something completely as it is but presenting it in a fictional context.

Jamie:

And furthermore, we agreed that documentaries are not really real life. Because at the end of the day, I will keep only what I like, make you look at the way I want you to, I would cut you out of the picture if I don't agree with you. This happens even with the most worthy of the films. And you can be more truthful in fiction because its always a subjective truth. Fiction allows things to remain more real. I don't need an argument in the film. If I can just say, here is one guy's story and this is his story, then you can see the city with no bullshit. The story would allow you to look at things as they are; it's partly that idea behind Dark Fibre.

Peter:

This is in some way related to the concept of the artistic truth. You use all the tools at your disposal to tell a story, not just literal facts. This is about presenting things within an atmosphere, presenting things in a context. This then adds up to someone understanding something about the world, and I think fiction serves that better than documentary.

Q: What brings you to India to make Dark Fibre?

Jamie:

I think the cablewallah networks are unique. I have never seen anything like this anywhere else myself. India is also in a very, very interesting time and place. The idea of information as a commodity is alive here as it isn't in many other places. The value of information is very high here. There is a western imaginary of Bangalore which is immediately fascinating. It's the place where our information is processed. This is where our credit card and our phone data goes. And it enters a weird black market that we don't understand. This is the cliché. We already have cliché films about Bombay and call centers. We do not want to put a call center into the film because that is already the imagined cliché vision of Bangalore. It is obviously far more sophisticated than that. And in some ways it is far patchier than that. Who are these information workers? What are they doing and at which level are they doing it? Are they the street workers putting cables into walls or is it the guy at Infosys who is hiring people and teaching them to fake English accents? Which is the real information worker? That variegation of information life in Bangalore is interesting, not just to us, but, I think, to everybody. Information dexterity is perceived as the signature of Northern dominance. The ability to manipulate information, to move intellectual property, to transform an idea into a product, to transform someone else's idea into your property. That kind of dexterity is seen as the keynote of western dominance. And watching a developing country transform into an information dextrous economy, seeing information dextrous people is amazing. And then there is the patchiness of it--who gets left behind? Who gets included? Whats missed out and what is added in that vision? How is it manipulated in favor of big businesses? And all of this is fascinating not only from an orientalist's point of view but from a general economic-socio-political point of view.

Q: What is the underlying concept that brought about Dark Fibre?

Jamie:

While making 'Steal This Film' we spent a year on a 36 minute film trying to make an argument that would be staunch, impactful, and radical. What we learned is that it's very difficult to set out to argue your way to the truth. It's relatively easier to let the world itself speak and in the meanwhile observe it in detail. The kind of issues we are engaging with in Dark Fibre are around people's relationships with information and their relationship with freedom. These are very, very hard to nail down and speak about in a radical way. These are things left to the Intellectual Property lawyers, it's already happening, it's already cliché. All the arguments are already written. And even after a year of Steal This Film, it's shown in liberal universities – Wait! Liberal universities? I was supposed to be an anarchist! We want to go further. We want to tell people things through an image.

Peter:

Our idea of relationships is exploring the parallel physical communications networks and the virtual networks. In a city like Bangalore you see it. The traffic here is chaotic but it works. How? There is no answer to that. But it provokes questions. Through Dark Fibre, we are trying to say that there is a potential network in the city (cablewallahs) which is currently being unused and asking what it would take to unlock that potential and where would it take us if that really happens.

Q: Why the cablewallahs? What is so fascinating about them?

Jamie:

Yes, we are interested in the cablewallah network and I think it's quite perverse that it makes people from around here laugh. You see cablewallahs as a fact of life, probably a mundane fact of life. Westerners, Europeans, who are used to orderly deployments of information technology are completely blown away when you tell them that this is how it works in India. Ad hoc, grassroots, messy, out of control.

Peter:

To the West, it is just unthinkable that the government would allow something like these networks, which supply 24 hours television. To not have these under government control is unthinkable.

Jamie:

So, obviously, we are at a point of transition where it's unthinkable to the Global North and it would become unthinkable here too. We are in the middle of that shift and thats one of the things we are trying to document; the network form, which is horizontal, ad hoc and on the street, becomes not only regulated but seditious.

Q: Why would you call it seditious?

Jamie:

Because it begins to be seen as almost dangerous. As the regulators move in, they take Direct to Home control of all the deployments of their intellectual properties. The older networks start to look not only like intellectual property right infringements, but their disorder is also seen to be terrorist.

Q: What is the film trying to propose through linking these cablewallah networks?

Jamie:

Our proposal in this film is - "What if instead of just dying peacefully, someone had the idea of transforming these networks that used to deliver international and local content, by connecting them together, and turning them in to massive local media networks which are used for media sharing, file sharing, your own local channel?" There is a potential because the network is already there.

Peter:

In a way, if you think about the microcosm idea of the Internet as a whole, that essentially is what our plot is. On a certain level you would say that it's just a network but then the internet is the most important driving force of the world today.

Jamie:

The point is that once this idea is out, we can create the infrastructure to connect the entire city, infrastructure we can all use. Everyone starts to have a stake in it, be it the newspapers, TV channels, pirate markets (they will say, "No one is buying our shit anymore because they can share it over the network"), the computer manufacturers, the importer of Chinese routers, a gangster who thinks he can advertise on the network, the intellectual property lawyer... different people start getting the idea that they might have something to do with this network. Basically this is a chaos scenario, from which arises the plot. It is a fictional scenario but is set in the reality of information sharing here today.

Q: What is the technique you use to make the plot hybrid fictional?

Jamie:

The main character is played by an actor and he will be an embedded actor, working with the real cablewallah. Parts of it will be documentary, seeing how the cablewallah works and the viewer, through watching this actor, will understand how the network works. We have already spoken to some cablewallahs. And they have been very happy about all this. We see this as sort of embedded journalism, where the embedded actor takes the place of an interviewer. The film is not going to be historical. The characters will have a background and the film is going to have a background, but what we are trying to do is show the 'now'. We want to make it speak about the past and speak about the future. About our future.

Q: 'Steal This Film' was a critique of the international intellectual property regimes. Would this film also be similarly advocative?

Jamie:

We are going to the next level from 'Steal This Film', and this is more of my argument than Peter's -- that the conversation about Intellectual Propery is over or the film is the last word at all. But I personally need to go somewhere else to say more. I am interested in information in general. And how information affects what we can think, what we can dream, what we can be, how it forms all of us -- that is what we are working on in 'Dark Fibre' and the question of intellectual property is a subset of that question. We spend a lot of time talking about ideas and that's one of the things that connects us. We want to articulate a lot of the philosophical, abstract ideas in this film. And we will see if we can manage to do it in a new context. 'Steal This Film' interested a few people and this will be the next point of departure for discussion.

Q: Peter, do you share Jamie's passion for Intellectual Property?

Peter:

Not in the same way. I am very interested in the subject. Anybody who creates work is interested in it. In my last film, there is a constant commentary of a test match going on and as a result of it, it is almost impossible to sell it to television; people who own the rights to the cricket say that we have to pay them thousands of pounds! I am interested in documenting the world as it is and not what is cleaned up for TV. I am interested in the specifics. If you get on a bus in London, the ringtone everyone has on a mobile phone is not a ringtone but a particular song. But you can't put that on film because Mick Jagger, or whoever the artiste is, will want ten thousand pounds for it. The frustration that I face is that it is impossible to put the world that I see in front of me on film. I used to work with TV commercials and you would never see anything in commercials that is not the product being sold. I was once working on a Coca Cola commercial in New York and there was a person who was appointed by Coca Cola to go around the whole set to ensure that no one is drinking anything that is not made by Coca Cola, whether that is water or juice. Anything. And I think all that is about creating a creased world that we don't live in. I am interested in the world, through documentaries or fiction, that we live in. And it is bits of music, it is referenced films, we reference music, we reference sport. Just because people have rights over these, you never see them on film. That is my main area of interest, more than what is happening on the legal front.

For more details visit https://cis-india.org/a2k/blogs/dark-fibre-files

That’s the unkindest cut, Mr Sibal

sunil — 2011-12-12T04:59:00Z

There’s Kolaveri-di on the Internet over Kapil Sibal’s diktat to social media sites to prescreen users’ posts. That diktat goes far beyond the restrictions placed on our freedom of expression by the IT Act. But, says Sunil Abraham of the Centre for Internet and Society, India is not going to be silenced online.

Thanks to leaked reports about unpublicised meetings that communications minister Kapil Sibal had with social media operators – or Internet intermediaries, to use legalese — such as Facebook, Google and Indiatimes.com, censorship policy in India has gained public attention, and caused massive outrage.

According to The New York Times India Ink reportage, quoting unnamed sources from the Internet intermediaries, Mr Sibal demanded proactive and pre-emptive screening of posts that people make on social media sites, ostensibly to filter out or remove “offensive” content and hate speech. In a television interview, however, the minister denied he wanted to censor what Indians thought and shared with others online.

One is tempted to believe him. He was, after all, the amicus for the landmark People’s Union of Civil Liberties (PUCL) wiretapping judgment of 1996, which is pivotal to protecting our civil liberties when using communication technology in India.

Last week, though, Mr Sibal came out in public with his demands, saying that there was a lot of content that risked hurting the sensibilities of people and could lead to violence. “It was brought to my notice some of the images and content on platforms like Facebook, Twitter and Google are extremely offensive to the religious sentiments of people ...”We will not allow Indian sentiments and religious sentiments of large sections of the community to be hurt,” he said.

There was even a threat of state action if Internet companies did not comply with demands to screen content before it was posted online.

The NYT blogpost said, however, quoting executives from the Internet companies Mr Sibal had reportedly met, that the minister showed them a Facebook page that maligned Congress president Sonia Gandhi and told them, “This is unacceptable.”

Google responded to Mr Sibal by releasing its Transparency Report, saying that out of 358 items that it had been requested to remove between January and June 2011, only eight requests pertained to hate speech, while as many as 255 complaints were against “government criticism”.

Indian netizens raged against Mr Sibal, and very quickly #IdiotKapil Sibal was ‘trending’ on Twitter, with thousands posting comments against attempts to ‘censor’ Internet content. Much has changed, in Mr Sibal’s reckoning, between 1996 and 2011.

So, what’s all the fuss over ‘pre-screening’ and what’s at stake here? Critics of Mr Sibal say, our freedom of speech and expression is under threat. They see a pattern in the way the government has sought to impose rules and restrictions on Internet and telecommunications players, with demands on BlackBerry-maker RIM to give it access to its users’ email and messenger content, on telecom players to install electronic surveillance equipment and let the government eavesdrop as it sees fit, and on the likes of Google and Yahoo to part with email content and users’ details.

It all started with the amendments to the Information Tech-nology Act 2000 in 2008. Together, they constitute damaging consequences for citizens, including the creation of a multi-tier blanket surveillance regime, inappropriate security recommendations, and undermining freedom of speech and expression.

The amendments passed in 2008 — without any discussion in Parliament – did solve some existing policy concerns, but simultaneously introduced new ones. For instance, Section 66, introduced during this amendment, criminalises sending offensive messages through any ICT-based communication service.

Offensive messages are described as “grossly offensive, menacing character..... or causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.” These terms are not defined in the IT Act or in any other existing law, rules or case-law, except for a couple of exceptions such as what constitutes “criminal intimidation”. These limits on the freedom of expression go well beyond Article 19(2) of the Constitution, which only permits “reasonable restrictions...in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.”

If Mr Sibal himself were to don his lawyer’s coat again and launch a legal challenge to Section 66, in all likelihood, courts in India would strike it down as unconstitutional.

Section 79, which was amended, brought into being an intermediary liability regime. This was in part precipitated by the arrest of Avnish Bajaj, the former CEO of bazee.com in December 2004 for the infamous Delhi Public School MMS clip which was being sold on his e-commerce platform. Policy-makers were, however, convinced to follow international best practices and grant intermediaries immunity under certain conditions.

Just as the postal department is not considered liable for the content of letters or telecom operators liable for the content of phone conversations, Internet intermediaries, too, were to be considered “dumb pipes” or “common carriers” of content produced and distributed by users. Intermediaries therefore earned immunity from legal action so long as they acted upon take-down notices, or written requests for deletion of illegal content.

Section 79 was further clarified in April this year when the Intermediaries Guidelines Rules were notified. Stakeholders from the technology industry, media and civil society had sent feedback to the Department of Information Technology under the Ministry of Communication and Information Technology in February, but DIT choose to ignore the feedback and finalised rules with serious flaws in them. For one, a standardised “Terms of Service” that focused on limits on free expression had to be implemented by all intermediaries – forcing a one-size-fits-all approach.

Content that was 'harmful to minors' was not permissible regardless of the target market of the website. All intermediaries were supposed to act upon take-down notices within 36 hours, something that a Google may be able to do, but an average blogger could not.

Two, the vague terms introduced in Section 66A were left undefined. Intermediaries were asked to sit on judgment on the question of whether an article, image or video was causing 'inconvenience'.

Three, all principles of natural justice were ignored – the person responsible for posting the content would not be informed, s/he would not be given an opportunity to file a counter-notice to challenge the intermediary’s decision in court.

Four, the rules left it open for economically or politically motivated actors to seriously damage opponents online using fraudulent take-down notices, instead of treating abuse of the take-down notice system as an offence.

How the take-down system terrorises free expression on the Internet was illustrated when the Centre for Internet and Society, where this author works, undertook a research project. A pro-bono independent researcher who led the exercise sent fraudulent take-down notices to seven Internet companies in India. These included some of the largest and most popular Indian and foreign search engines, news portals and social media platforms.

Although they all employ the most competent lawyers in the country, six of the seven intermediaries over-complied, confirming our worst fears. In one case, a news portal deleted not just the specific comment that was mentioned in the take-down notice but 14 other comments as well. Most importantly, it must be pointed out, the comment identified in the take-down notice was itself an excellent piece of writing that could not be construed as “offensive” by any stretch!

In the single exception to the rule, one e-commerce portal refused to act upon a take-down notice trying to prevent the sale of diapers on the grounds that it was “harmful to minors”, rightly dismissing the notice as frivolous. But that exception simply proved a rule: Private intermediaries use their best lawyers to protect their commercial interests, but are highly risk-averse and do not value freedom of expression, unless it affects their bottomline.

Proactive and pre-emptive screening of social media content, as Mr Sibal has demanded, will only further compromise online civil liberties in what’s already a dismal situation. In short, we move from a post-facto to a pre-emptive censorship regime.

In fact, given the magnitude of the task of pre-screening in a nation with a 100 million Internet users and growing, such an intense censorship regime will mean not only that what Indian citizens say or post will be censored by private companies, but those private companies will, in turn, use machines to screen what humans are saying and doing! After all, otherwise, companies would require armies of human censors to screen the millions of posts that are made on Twitter and Facebook every minute.

But the Supreme Court has held that even the executive arm of government cannot engage in censorship prior to publication, let alone ordering private companies to do so. In any case, it’s a policy that’s bound to fail, for both technical reasons and for its failure to take into account human motivations.

Machines, as we know, continue to be poor judges of the nuances of human expression and will likely cause massive damage to the idea of public debate. Humans, on the other hand, will begin to circumvent machine filters – for example, content labelled as PRON instead of PORN will go through.

Draconian crackdown on certain types of fringe content is likely to have the counterproductive result of the general society developing an unhealthy obsession for exactly such content. Despite the comprehensive censorship controls in Saudi Arabia, for instance, pornography consumption is rampant, usually accessed via pirated satellite TV and circulated using personal computing devices and mobile phones.

But all is not lost yet, perhaps. Faced with the barrage of criticism, Mr Sibal has now called for public consultations on the issue of pre-screening content. There’s hope yet for freedom of speech and expression in India. Thanks to the Internet, a throwback to 1975 simply does not look possible.

Sunil Abraham is executive director of the Centre for Internet and Society, Bengaluru. He wrote this article in the Deccan Chronicle on December 11, 2011. Read the original here

For more details visit https://cis-india.org/internet-governance/unkindest-cut-mr-sibal

Thank You To Our 2014 Sponsors

praskrishna — 2014-12-27T14:27:26Z

Today’s the last day of work in 2014 for the editorial team at MediaNama, though we’ll run a Holiday Wire update intermittently this week, we’ll have a brief year end review for each major segment. Thank you for reading us in 2014, and have a great Christmas and New Year.

The blog entry was published in Medianama on December 22, 2014.

From the business side, it’s been a great 2015 for us, and we really appreciate the support we received in 2014 from all our sponsors, especially Spice Digital, our annual sponsor, and Antfarm, which supported us for almost the entire year. We’re still working, for an idea of our 2015 plans and editorial calendar, please see the presentation here.

Annual Sponsor:

- Spice Digital Ltd: a part of Spice Global Group – US$2 Billion conglomerate promoted by Dr. BK Modi, is one of India’s leading Mobile Value Added Services company and offers innovative solutions for Telecom Operators, Enterprises and Government using mobile connectivity media – Voice, SMS, USSD, WAP & 3G. We are preferred partner of all major telecom service providers in India and providing services to international telecom players in over 20 countries across the globe. We are pioneers in innovation and technology and committed to deliver excellent Award winning products and services to the customers.

We have exclusive tie-ups with Hungama and PPL for music streaming services.
We have acquired two leading international VAS players, MMS (Indonesia) and Beoworld (Malaysia).
Recently, we had a major financial investment from MediaTek (Taiwan).

Our sponsors during 2014:

- Antfarm is an innovation sandbox based out of Mumbai. It is led by a team of blue sky thinkers, entrepreneurs and professionals. The company takes great ideas with disruptive potential, puts together all the key ingredients of people, technology, strategy, marketing and capital to build these into scalable companies. The ultimate aim is to create global businesses that are ideated and built out of India. The first set of companies launched are Stylista.com, Arrive.com, Fork Media, and the farm is currently scaling up ideas in education, travel & leisure, retail, ad-tech and healthcare.

- Astro-Vision is a name easily recognized and held in great esteem in the world of astrology services. Its products range from software that run on the latest operating systems to web based solutions for major portals and the latest range of mobile phones. Astro-Vision’s focus has always been on providing innovative astrology solutions using the latest technologies in the field of IT and communications. From Desktop PCs to internet portals and mobiles phones, Astro- Vision’s range of solutions includes stand alone applications, online apps and astro content services. The company has strategic tie-ups with major IT enabled service networks like Suvidhaa, Reliance world, One stop shop and many networks under the Government of India’s CSC scheme, including Spanco and GNG. Many popular Indian websites today are powered by Astro-Vision’s web based astrology solutions and astrology content.

– Bruce Clay

- Buongiorno, founded in 1999, is known in the worldwide mobile commerce ecosystem for developing and managing paid apps and content that help consumers get greater enjoyment from mobile devices. On July 2012, after the settlement of a successful public tender offer, Buongiorno became a wholly-owned subsidiary of NTT DOCOMO – a global leader in mobile telecommunications technologies and services.

With direct connections to more than 130 telecom operators in 25 countries, over 10 years’ experience and a team of 600 professionals, Buongiorno makes the mobile internet experience happen for consumers globally.

- CCAvenue is India’s largest payment gateway solution powering 85% of the eMerchants in India across all verticals & has played the role of a catalyst to the growth of ecommerce with real time, multi-currency, multiple payment options online payment processing services. The solution is powered by proprietary technology that integrates transaction-processing, advance shopping cart, Invoicing, mobile page, risk assessment and fraud control, smart analytical dashboards, live monitoring of bank gateways, financial reporting etc. CCAvenue is the only complete PG solution in the country that has the unique ability to offer the full spectrum of 100+ Internet payment options.

5 Credit Cards
50 Debit Cards
6 ATM cum Debit Cards
50+ Netbankings
Mobile Payments
4 Cash Cards
CCAvenue PhonePay IVRS Based Payment Systems.

– The Centre for Internet and Society (CIS) is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government data, free/open source software, open standards, open access to scholarly literature, open educational resources, and open video), and engages in academic research on digital natives and digital humanities.

CIS critically engages with concerns of digital pluralism, public accountability and pedagogic practices, in the field of Internet and Society, with particular emphasis on South-South dialogues and exchange.

Hosting and Support

- E2E Networks: India’s most clued in dedicated hosting company founded by geeks. E2E Networks Private Limited has been into the business of providing Low latency Dedicated Servers and VPS Servers in India since 2009. E2E Networks goes way beyond merely provisioning servers/cloud infrastructure. Our expertise includes strategies and managed services help for implementing the most suitable cloud architecture based on public, private or hybrid cloud platforms for your web facing or enterprise applications.

- Fortumo allows any developer to set up payment processing for web and mobile services, games or apps using carrier billing. Payments work for PC applications, web services and HTML5, Android, Windows Phone & Windows 8 apps. Fortumo supports payments in 81 countries through 300 mobile operators. Get started with our self-service setup (no monthly fees or minimum volume commitments) at http://fortumo.com.

– Getit Infomedia is India’s digital supermarket for SMEs to get relevant business leads. We seamlessly deliver excellent value across all media platforms be it Voice, Mobile Applications, Online, WAP, Web chat, Print etc. The services provide presence, enquiries and leads to its advertisers while ensuring end users (consumers) have access to the best information, benefits and offers.

Event Sponsor

- Google is a global technology leader focused on improving the ways people connect with information. Google’s innovations in web search and advertising have made its website a top internet property and its brand one of the most recognized in the world.

- India.com is a joint venture between two media giants – Zee Entertainment Enterprise Ltd (ZEEL) and www.PMC.com is all about the new India that is funny, witty, shocking. It shows the new age Indian in their language. India.com provides a perspective that is reflective of the changing dynamic of the role media plays in India. Find out what the new India is saying only at india.com. Discover India and Indians at india.com for no one covers the new India as india.com! Get the latest updates follow @indiacom on Twitter.

– Info Edge (India) Limited is among the leading internet companies in India. Info Edge runs leading internet businesses – Naukri.com -India’s no. 1 job site, Jeevansathi.com – one of the leading matrimonial portal,99acres.com – India’s No.1 real estate portal and Shiksha.com – India’s leading education portal. The company also owns Quadrangle – an offline executive search business, and Naukri Gulf (a leading jobsite in the Middle East market). Info Edge also owns Brijj.com, a professional networking site and Allcheckdeals.com, an online real estate brokerage firm which is run as a subsidiary company.

- OnMobile Global Ltd. is a pioneer in white-labelled, Value Added Products and Services [VAS] for mobile, landline and media service providers. The #1 VAS specialist in emerging and high-growth markets, OnMobile touches the lives of over 1500 million mobile users across 55 countries each month. With our diverse product portfolio of Mobile Music, multi-screen Video Gateway and delivery solutions, Phone Backup and Personal Cloud Management solutions, Voice and Video portals, M-Commerce products and services, we generate 2 – 5% contribution for top customers and top line revenues of over US $800 million for over 92 customers globally. We deliver our products by the best combination of a hosted Cloud with on-site operations at the customer premises or through products deployed in customer networks.

Founded in 2000, OnMobile has business spread across India, U.S., LATAM, Africa, Australia, Middle East and Europe. The company was publicly listed in India in 2008. Recent acquisitions include Voxmobili (2007), Telisma (2008), Dilithium Networks (2010) and LiveWire (2013).

OnMobile is the first Indian telecom VAS Company to go public. The company’s shares are listed on the Bombay Stock Exchange (BSE) and the National Stock Exchange (NSE) as on March 31, 2010

– Qualcomm Ventures is the investment arm of Qualcomm Inc. (NASDAQ: QCOM), a Fortune 500 company with operations across the globe.As the Venture Capital investment arm of Qualcomm, the world leader in next-generation mobile technologies, Qualcomm Ventures has been making strategic investments in early-stage technology companies since 2000. With a $500 million fund commitment, Qualcomm Ventures seeks to make strategic investments in early stage high-technology companies that have the potential to dramatically transform our world.

QPRIZE (www.qprize.com)

QPrize™ is Qualcomm Venture’s Seed investment competition. It’s designed to provide entrepreneurs their first level of funding so they can launch their idea into a successful start-up business. The QPRIZE competition was first launched in 2009 to promote innovation in the technology industry and is designed to identify the industry’s most promising early-stage technology companies. We are looking for bright, energetic and resourceful entrepreneurs who have a passion for bringing new technologies and services to market. Our goal is to have QPrize act as a catalyst for our winners, providing the initial capital to launch their great ideas and support the company to its first institutional funding round.

– Times Internet (TIL) is a premier digital product company and the digital arm of The Times of India Group. It reaches over 100m visitors and serves 2 billion pageviews every month across web and mobile, with businesses across news, entertainment, sports, local, ecommerce, classifieds, startup investments, local partnerships, and more.TIL’s key properties in the news category includetimesofindia.com, economictimes.com and navbharattimes.com. Under its fold are topmost internet entertainment portals in India — Gaana.com – the music broadcasting service and BoxTV.com – the video streaming site. Indiatimes Shopping emerges as one of the top five e-commerce companies in India & TimesCity, a lifestyle destination covering recommendations across Restaurants, Movies, Events, Nightlife in your city. Times Internet has also entered into partnerships with global companies offering them its tremendous reach through online media platforms under its initiative called Times Global Partners(TGP). The TGP portfolio ranges from licensing partnerships to investments and acquisition. In the last year, TGP has made four acquisitions, twelve global partnerships, four minority investments and over 20 investments into start-ups through TLabs in the Indian ecosystem.

For more details visit https://cis-india.org/internet-governance/news/medianama-december-22-2014-thank-you-to-our-2014-sponsors

Ten Telugu Books Re-released Under CC-BY-SA 3.0 License

rahim — 2014-07-08T05:29:39Z

For the first time in the history of Indian books, 10 Telugu books by a single author were released under Creative Commons license (CC-BY-SA 3.0) on June 22, 2014 at 10 a.m. at Golden Threshold, Abids, Hyderabad.

The event was organised by the Centre for Internet and Society's Access to Knowledge (CIS-A2K) team.

CIS-A2K has collaborated with Telugu Wikipedians in convincing Indu Gnaana Vedika to re-release 10 of their books under CC-BY-SA 3.0 license which is compatible with Wikipedia and other Wikimedia projects. Unlike the predominant digitization efforts (which only makes scanned images available), these books will be uploaded on Telugu Wikisource (www .te .wikisource .org) and converted into Unicode (searchable) text. This will ensure that these books are freely read, both online and offline in various formats like PDF, epub, mobi, text, etc. This is a major milestone initiative by CIS-A2K to make the sum of all knowledge in Telugu freely available to all Telugus over the internet and is part of its Telugu language area plan.

Telugu Wikipedia has been in existence for 10 years and has 57000 articles on various topics. Telugu Wikisource is one of the sister projects of Wikipedia which has more than 9600 pages and 100 books, it is the largest online Unicode book library available today at the service of Telugu people.

The Programme

The event started with invocation by Indu Gnaana Vedika followed by introduction of Chief Guest and Guest of Honour.

The patron of Indu Gnaana Vedika, Sri Sri Sri Prabodhananda Yogeeswarulu presided over as the chief guest and N Rahamthulla, long time wikipedian and Special collector, Srisailam project, Kurnool was the guest of honour.

Addressing the gathering, Prabodhananda emphasised on the importance of availability of knowledge in ones own mother language, and also why knowledge should not be confined to books alone, but should be brought onto various platforms, internet being one among them. This would not only ensure wider reach for the books, but also enable the language to survive in the fast changing era.

Then, a video interview of guest of honour, Rahamthulla was played, where he spoke about creation of new technical jargon in ones own mother language and how Telugu was being used as administrative language in his office among his subordinates.

Rahamthulla also spoke on the practices he brought into in his own office to adopt mother language at work and gave out suggestions that would effectively help all in adoption of mother language at work places with Telugu as an example.

This was followed by Veeven’s talk on “End-User’s perspective of free licenses”, where he spoke about importance of open content, free software and free licenses.

Then, program director of CIS-A2K, T. Vishnu Vardhan spoke about the importance of creative commons licenses in the context of Indian languages in Internet. In his speech, Vishnu informed that there is enormous literature and content available in Indian languages which is unusable because of ignorance of licenses. He listed out guidelines that would help writers to have their work reach millions through releasing it under a free license.

Then, in a formal manner, the copyright holder of the books signed on the documents, specifying that the books are released under CC-BY-SA 3.0 license. In the tea break that followed, participants enquired experts on free licenses.


Above: Prabodhananda handing over the signed agreement to Vishnu Vardhan (by Rahmanuddin Shaik, CC-BY-SA 3.0 License)

A Wikisource demonstration by Rahmanuddin Shaik was shown followed by Q & A session.

Then there was a panel discussion on “CC licenses” which saw participation from one each of a free license expert, writer and end user. This brought in awareness and more deeper thought into bringing in more literature in Telugu into CC licenses.

An outcome of the event was:

N Rahamthulla promised to re-release his books under CC license.
Mandali Buddhaprasad, Deputy Speaker, Andhra Pradesh legislative assembly, gave permission to release 4 of his books under CC license.
Several other writers have come forward to re-release their books under free licenses.

Given below is the certificate signed by Sri Sri Sri Acharya Yogeeshwarulu giving permission to publish his works under CC-BY-SA 3.0 License:

For additional details of the event, click here.

For more details visit https://cis-india.org/openness/blog-old/ten-telugu-books-re-released-under-cc-by-sa-license

Telugu Wikipedians create Articles on Punjab in Telugu Wikipedia

praskrishna — 2016-08-12T14:02:20Z

Telugu Wikipedians created articles on Punjab in a national level contest. Telugu Wikipedians received a trophy during the closing ceremony of Wiki conference India at Chandigarh.

Telugu Wikipedians created more than 450 articles about Punjab in Telugu Wiki and shared their experiences with English and Malayalam Wikpedians. Along with Pranay Raj, Pavan santhosh worked in co-ordination and Viswanadh in organizing support for this edit-a-thon. Venkata Ramana, Meena Gayathri, Ravi Chandra, Pavan Santhosh, Murali Mohan, Sujatha, Sultan Khadar, Viswanadh, Bhaskara Naidu, Manikantha, Rahmanuddin, Rajasekhar and few others participated in this edit-a-thon and created Punjab related articles such as Punjab cuisine, Punjabi language, history of Sikhism, Punjabi way of dressing, Punjabi dialects and many such aspects. Telugu Wikipedians also made a presentation on the various developments in Telugu Wikipedia.

Media Coverage

Telugu regional press covered the Punjab edit-a-thon and about the Telugu Wikipedia winning the trophy. The Centre for Internet and Society provided support by releasing an open press note that could be edited by the Wikipedia community in Village pump for press relations.

Coverage in Sakshi

Coverage in Eenadu

For more details visit https://cis-india.org/a2k/news/telugu-wikipedia-articles-on-punjab-media-coverage

Telugu Wikipedia stall at Vijayawada Book Festival

Pavan Santhosh — 2017-04-15T16:23:32Z

The Telugu Wikipedia community put up a stall at the Vijayawada Book Festival in January, in order to increase reach of the regional language encyclopaedia.

Last in a series of book stalls set up across the Telugu-speaking region, the Telugu community set up shop at the 27th Vijayawada Book Festival from 3 to 11 January 2017 at the PWD Grounds. The community had previously set up similar book stalls in Rajahmundry and Hyderabad. Considered one of the largest book festivals in India with deep-rooted cultural significance in the Telugu literary circles, the Telugu community aims to increase the reach and visibility of Telugu Wikipedia through the setting up of this stall.

The book festival, open for the public from 11 am to 11 pm, was inaugurated by Kendra Sahitya Akademi winner Rachapalem Chandrasekhar Reddy, with a collection of 235 stalls to browse from. The festival was organised in partnership with the Andhra Pradesh Department of Language and Culture and NTR Trust. The stall was set up by Telugu Wikipedia community members with support from CIS-A2K and NTR Trust.

More than 150 individuals were engaged through this event. Interested members of public would receive follow-up through "Know-How" videos of Telugu Wikipedia. This provides basic information regarding editing and contributing to Wikipedia and its sister projects. They would also receive invitations to offline events taking place in Vijayawada in the future.

Telugu Wikipedia editor User:Pranayraj1985 said of his experience in talking to the public about Telugu Wikipedia, "I learnt a lot about what people know about Wikipedia and what they didn't know. In general, many of the visitors exclaim when they [come to] know, there is Wikipedia in Telugu language. But, in contrast, here in Vijayawada, we could at least find handful of people who knew there is something called Telugu Wikipedia.

The link to the events page on meta can be found here.

For more details visit https://cis-india.org/a2k/blogs/telugu-wikipedia-stall-at-vijayawada-book-festival

Telefonaktiebolaget LM Ericsson (PUBL) v Competition Commission of India and Anr

praskrishna — 2016-04-20T15:58:21Z

For more details visit https://cis-india.org/a2k/blogs/telefonaktiebolaget-lm-ericsson-publ-v-competition-commission-of-india-and-anr

Centre for Internet and Society

The Body in Cyberspace

Case Study: A Rape in Cyberspace

Cyberspace and the State

Cyberspace and Criminality

DPS MMS: Case Study

Summary

Additional Readings

The Bilski Case - Impact on Software Patents

The All India Privacy Symposium: Conference Report

Introduction

Privacy and Transparency

Privacy and E-Governance Initiatives

Privacy and National Security

Privacy and Banking

Health Privacy

Conclusion

Press Coverage

The AI Task Force Report - The first steps towards India’s AI framework

Sectors of Relevance and Challenges

Areas in need of Government Intervention

Key Enablers to AI

Ethical AI framework

The 2013 EPT Award for Individuals in Developing Countries Working for Open Access

Announcement

EPT Award submission form for nominations

The 2010 Special 301 Report Is More of the Same, Slightly Less Shrill

Special 301 Report: Unbalanced Hypocrisy

India and the 2010 Special 301 Report

On Copyrights

On Patents

Miscellanea

Conclusion

IIPA's Recommendation for the Special 301 Report

Open Source

Domestic Software

WCT, WPPT, Camcording, and Statutory Damages

Further conclusions

The 2G Supreme Court Judgment

The 2G Supreme Court Judgment - 1

Time for a review [Flawed assumptions: auctions]

The 2G Supreme Court Judgment - 2

Open access is the future [Flawed assumptions re technology; way forward?]

The (in)Visible Subject: Power, Privacy and Social Networking

Bookmark & Share:

Document Actions

The 'Dark Fibre' Files: Interview with Jamie King and Peter Mann

In conversation with Jamie and Peter in Bangalore

That’s the unkindest cut, Mr Sibal

Thank You To Our 2014 Sponsors

Ten Telugu Books Re-released Under CC-BY-SA 3.0 License

The Programme

Telugu Wikipedians create Articles on Punjab in Telugu Wikipedia

Media Coverage

Telugu Wikipedia stall at Vijayawada Book Festival

Telefonaktiebolaget LM Ericsson (PUBL) v Competition Commission of India and Anr