Centre for Internet and Society

State of Digital Rights in India (Delhi, March 24)

Japreet Grewal and Sumandro Chattapadhyay — 2017-03-27T13:21:20Z

The Centre for Communication Governance at National Law University, Delhi and the Internet Freedom Foundation, in association with Access Now, are hosting a discussion on The State of Digital Rights in India on March 24, 2017 (Friday) from 6.00 pm onwards at Lecture Room-I, India International Centre- Annexe, New Delhi. Japreet Grewal and Sumandro Chattapadhyay will participate in the panel discussions.

Registration: Eventbrite

March 24, 2017 marks the two year anniversary of the landmark Shreya Singhal judgment. This was a very significant ruling on freedom of speech and expression and occupies an important place in the Supreme Court’s discourse on civil liberties. The judgment traces out the contours of free speech on the Internet in India and unequivocally holds that the right to freedom of expression provided under Article 19(1)(a) applies to speech over the Internet, making it clear that this is a medium-neutral right.

The event aims to shed some light on this key judgment and discuss ongoing discussions regarding our civil liberties and freedoms online before courts and the Parliament. We would also like to take this opportunity to discuss some of the other pressing issues like Network Neutrality, Internet shutdowns, Privacy and User Security which need immediate attention and engagement of our democratic institutions. We hope to formulate effective strategies which will further shape the legal and policy framework in India, and facilitate better collaborative efforts between stakeholders.

We hope to bring together everyone who contributed to the judgment, and those who do work connected with it, so that we may build on it to seek a better legal framework to protect online speech and to discuss the threats surrounding digital rights and how best build on the foundations of the judgment.

We would be grateful if you could take out some time on Friday evening (6PM) and be a part of this important discussion. The discussion will be followed by dinner and an Open Bar for an Open Internet, which will start from 9.00 pm at the Annexe Court in the India International Centre - Annexe. In case you are unable to attend the seminar, please do join us for dinner!

Featuring:

A keynote address on our online freedoms and policymaking, by Shri Tathagata Satpathy (Member of Parliament, Lok Sabha)
A legal panel analysing the legacy of the Shreya Singhal v. Union of India judgment
Beyond Shreya Singhal: A conversation with women on the future of our digital rights
Briefings on the state of digital rights in our courts and in Parliament
A conversation on the path ahead for our civil liberties and digital rights community

For more details visit https://cis-india.org/internet-governance/news/state-of-digital-rights-in-india-delhi-march-24

Start-up India turns the heat on Facebook Free Basics

praskrishna — 2015-12-29T15:54:30Z

Facebook launched its "Save Free Basics" campaign last week, asking users to support "digital equality" in India.

The article by Anita Babu was published in Business Standard on December 22, 2015. Pranesh Prakash gave inputs.

Nearly a week after Facebook launched its controversial "Save Free Basics" campaign in India, the net neutrality debate has come to the fore again. This time around, India's star internet entrepreneurs such as Vijay Shekhar Sharma, founder and chief executive of Paytm, and Dippak Khurana of Vserv have joined the crusade for free internet.

"Oh my fellow Indians, either choose this and do a jihad for independent internet later or pick net neutrality today," Sharma of Paytm, India's largest digital wallet, tweeted on Tuesday. "Digital world war heads! We have to load http://www.savetheinternet.in for #NetNeutrality," said Sharma in another tweet. Savetheinternet.in, a volunteer group, has urged people to lend their support for an unfettered internet in India.

Facebook launched its "Save Free Basics" campaign last week, asking users to support "digital equality" in India, in response to a paper by the telecom regulator which is seeking comments on differential pricing practices like Airtel Zero of Facebook's Free Basics, which was earlier called Internet.org.

Facebook launched a print and digital media campaign for a "connected India" asking users to give a missed call, automatically sending a message to the regulator in support of Free Basics.

Facebook has also been asking its users to send an e-mail to Telecom Regulatory Authority of India (TRAI) supporting "essential internet for all". The social network claims to have gained support from 3.2 million of its 130 million users in India.

On Tuesday, the social media giant earned flak for soliciting support from international users for the campaign. Later, Facebook withdrew the campaign outside India claiming it was an "accident".

However, some net neutrality volunteers said that many of Facebook's 3.2 million supporters for Free Basics were non-Indians.

Activists and tech leaders are calling the Facebook campaign "misleading" and "destructive".

"People are being tricked into supporting Free Basics under the guise of digital equality," wrote Amol Malviya, former chief technology officer at Flipkart, India's largest e-commerce firm, on his blog. "Notice the language on the page? It makes any critic of Free Basics appear to be an enemy of digital equality. People will listen to the critics' arguments much lesser when there's a question mark on their intent."

Nikhil Pahwa, editor and publisher of MediaNama, said India should question the intent of Facebook and its campaign. "There is misrepresentation in the language they have used. It makes people assume that we can't have universal internet access without net-neutrality violating services such as Free Basics. It is important for a country to take note of how much power a platform with as much reach as Facebook has to influence an important government process," said Pahwa, who led a fight against TRAI's move to allow telecom firms charge for internet services like WhatsApp and Hike.

The basic premise of net neutrality is that of freedom - an open internet that protects and enables free communication. Anything that takes away this freedom violates the fundamentals of free Internet. "Facebook's Free Basics is neither free nor basic - it is a cleverly disguised way of walling a garden, and hardly the philanthropic initiative that it is marketed to be," said Khurana of Vserv. He urged internet users to uninstall the Facebook App from their mobile phones in protest.

Pranesh Prakash, policy director at the Centre for Internet and Society, said, "Facebook, a foreign company, is allowed to campaign with impunity, but NGOs receiving funding from foreign trusts are subject to all manners of restrictions and may not campaign in India."

For more details visit https://cis-india.org/internet-governance/news/business-standard-anita-babu-december-23-2015-start-up-india-turns-the-heat-on-facebook-free-basics

Standard-Essential-Patents-on-Low-Cost-Mobile-Phones-in-India-A-Case-to-Strengthen-Competition-Regulation.pdf

praskrishna — 2016-02-25T02:31:25Z

For more details visit https://cis-india.org/a2k/blogs/Standard-Essential-Patents-on-Low-Cost-Mobile-Phones-in-India-A-Case-to-Strengthen-Competition-Regulation.pdf

Standard Essential Patents on Low-Cost Mobile Phones in India: A Case to Strengthen Competition Regulation?

nehaa — 2016-04-24T04:42:52Z

The realization of the promise of the sub hundred dollar mobile device as a facilitator of access to knowledge is contingent inter alia on its availability in the market place. In turn, the market availability of the sub hundred dollar mobile device is influenced by the existence of an enabling environment for producers to produce, and consumers to consume. From a regulatory perspective, the enabling environment itself is a function of existing laws and policies, and the ‘developmental effects’ of certain laws and policies (Saraswati, 2012).

This article seeks to examine one such legal and policy lever and the role of a regulator in the development of an enabling environment for access to sub hundred dollar mobile devices. This paper is founded on four assumptions: first, that access to sub hundred dollar mobile devices is influenced by their price; second, that the question of access necessitates conversation between the intellectual property regime and several other actors, sites and tools; third, that one of the fundamental goals of regulatory reform is the creation of a ‘stable, open and future- proof environment’ (Guermazi and Satola, 2005) that encourages access to these devices; and fourth, that there exist public law implications of intellectual property that justify the involvement of State actors and regulators in matters that may arise out of private transactions.

This article will examine whether there is a role to be played by competition law in this narrative of innovation, intellectual property and access to sub hundred dollar mobile devices. In light of increasing litigation around standard essential patents, and the inability of FRAND and International Standard Setting Organizations to find a comprehensive solution, this paper will question the efficacy of competition law as an ex post solution to a problem that might be better addressed by ex ante regulation from a specialized body.

In an attempt to address these questions, this article will examine the role of the Competition Commission of India and the Indian Judiciary. Orders of the Competition Commission will be studied from its inception till March, 2015, in order to draw conclusions about the role that the Commission identifies for itself and the nature of disputes it adjudicates. This article will also examine the role of similarly placed institutions in the United States of America as well as some member states of the European Union.

It will be argued that while Competition Law might address some of the issues arising out of litigation around standard essential patents, and might be a tool to increase access to sub hundred dollar mobile devices, its efficacy as a long term solution in light of its nature as an ex post solution, is questionable. Consequently, it might be prudent to have a conversation leaning towards exante regulation of the market place by a specialized regulator.

The paper was published by Socio Legal Review (National Law School of India University). Download the PDF here.

For more details visit https://cis-india.org/a2k/blogs/the-socio-legal-review-nehaa-chaudhari-standard-essential-patent-on-low-cost-mobile-phones-in-india

Stand up for Digital Rights

elonnai — 2016-06-13T15:30:12Z

The Centre for Internet & Society (CIS) invites you to a discussion on a set of recommendations for Ethical Tech, a report on human rights and private online intermediaries which describes key areas where such actors have responsibilities. The event will be held at CIS office in Bangalore on June 15, 2016 from 5 p.m. to 7 p.m.

The discussion intends to launch a report on human rights and private online intermediaries, which describes key areas where such actors have responsibilities and provides a detailed set of recommendations for Ethical Tech. This work is the culmination of a year long research project led by the Centre for Law and Democracy (CLD), in collaboration with the Arabic Network for Human Rights Information (ANHRI), the Centre for Internet and Society (CIS), Open Net Korea, the Center for Studies on Freedom of Expression and Access to Information at the University of Palermo (CELE) and researchers with the University of Ottawa and the Munk School of Global Affairs at the University of Toronto. The key themes for discussion would include:

General Human Rights Responsibilities and Private Online Intermediaries
Expanding Access
Net Neutrality
Content Moderation
Privacy
Transparency and Informed Consent
Responding to State Interferences

We look forward to meeting you and making this forum for knowledge exchange a success.

For more details visit https://cis-india.org/internet-governance/events/stand-up-for-digital-rights

Stand up for Digital Rights

praskrishna — 2016-07-25T15:29:41Z

The Centre for Internet & Society (CIS) invites you to a discussion on a set of Recommendations for Ethical Research, a report on human rights and private online intermediaries which describes key areas where such actors have responsibilities. The discussion is on coming Friday, July 29, 2016 at the Centre for Internet & Society's Delhi office from 3.00 p.m. to 5.00 p.m.

The discussion intends to launch a report on human rights and private online intermediaries, which describes key areas where such actors have responsibilities and provides a detailed set of Recommendations for Ethical Tech. This work is the culmination of a year-long research project led by the Centre for Law and Democracy (CLD), in collaboration with the Arabic Network for Human Rights Information (ANHRI), the Centre for Internet and Society (CIS), Open Net Korea, the Center for Studies on Freedom of Expression and Access to Information at the University of Palermo (CELE) and researchers with the University of Ottawa and the Munk School of Global Affairs at the University of Toronto. The key themes for discussion would include:

General Human Rights Responsibilities and Private Online Intermediaries
Expanding Access
Net Neutrality
Content Moderation
Privacy
Transparency and Informed Consent
Responding to State Interferences

We look forward to meeting you and making this a forum for knowledge exchange a success.

For more details visit https://cis-india.org/internet-governance/events/stand-up-for-digital-rights-1

Stakeholders Meeting of the USOF - Agenda

praskrishna — 2011-09-13T10:35:10Z

Stakeholders Meeting of USOF was held on September 7, 2011 in New Delhi, the agenda for the meeting is enclosed.

For more details visit https://cis-india.org/accessibility/usof-meeting-agenda.doc

SSRN-id2756486.pdf

praskrishna — 2016-06-20T01:51:25Z

For more details visit https://cis-india.org/a2k/blogs/SSRN-id2756486.pdf

Spending too much time on social media? Tech abuse may lead to mental health issues

Admin — 2018-10-18T00:55:46Z

Technology is a boon, no doubt. But where can we, in ourdigital lives, draw the line between convenience and addiction? ET’s Divya J Shekhar finds out how the IT city is dealing with internet addiction and how collective social effort might help find the sweet spot.

The article by Divya Shekhar was published in Economic Times on October 13, 2018. Sunil Abraham was quoted.

Fifty-odd residents in Hebbal switched off all their digital devices between 7 and 9 pm two days ago on World Mental Health Day. This Saturday, they will join other members in their 1,200-strong group to plug out once again. They plan to make this a weekly ritual.

At the centre of this initiative, which is called 'Time Out from Plugins', is a mother who started researching on technology addiction after observing her 16-year-old son play online games for long hours. Tejaswi Uthappa, a freelance writer, said that her otherwise wellbehaved son becoming irritable and snappy after being glued to the gaming console for hours got her thinking about the ill-effects of letting technology take over our lives.

Types of Technology Addiction

“As parents, we might casually complain about our children spending most of their time on television, digital games or laptops. But this is actually far more serious because it impacts their brain, and eventually, their behaviour,” said Uthappa, who now wants to reach out to schools and colleges to help create awareness about technology-addiction among youngsters.

An increasing number of Bengalureans are getting addicted to technology. Just last week, a 26-year-old checked in to the National Institute of Mental Health and Neurosciences (Nimhans) to seek treatment as he had watched Netflix for over seven hours a day for the past six months in order to escape the reality of his unemployment. From excessive PUBG (online game) and social media overdose to need for virtual validation and incessant online shopping, psychiatrists are treating a gamut of technology addictions.

How Much is Too Much?

According to experts at Nimhans, eight out of 10 technology addiction cases are related to online gaming. This is in line with a 2013 survey conducted by the Indian Council for Medical Research in Bengaluru, which revealed that 4.1% people in the IT city between 18 and 60 years of age were addicted to their mobile phones, while 1.3% were internet addicts. This number might have increased with the Telecom Regulatory Authority of India (Trai) stating that as on March 2018, there were 1.18 billion wireless subscribers and 493 million internet or broadband subscribers in the country.

Manoj Kumar Sharma, a clinical psychologist at the Service for Healthy Use of Technology (SHUT) Clinic at Nimhans, said that he caters to almost six-seven patients every week, up from two-three people who checked into the clinic when it launched in 2014. “It goes to show that people are conscious and are actively taking action to correct their addictive tendencies,” he said. Most people between ages 16 and 20 are addicted to social media, Sharma explained, tend to develop body image issues if their online activity or post does not garner enough attention or ‘likes’. This need for validation from virtual friends to make up for their lonely reality is also directly proportional to the number of cosmetic surgeries.

IT City's Tech Addiction

For those between 24 and 28 years of age, the addiction is usually in the form of pornography or online streaming platforms like Netflix. Experts have also coined the term ‘online infidelity’ to describe a condition where adults satisfy themselves using online platforms rather than through physical intimacy with their respective partners.

“There is a bidirectional relationship between depression and use of technology. The latter can be used as a coping mechanism for stress and anxiety. Conversely, technology abuse can also intensify depression,” said Sharma.

Medical professionals state that ideally, an individual’s daily social media consumption should be broken down to brief 20 minute sessions. “When a digital screen is the last thing you look at before going to sleep, it messes with your hormones. For instance, the heart and pulse rate increase, blood pressure for those with hypertension tends to increase and the body’s response to diabetes medication will vary,” said consulting physician and cardiologist Dr B Ramana Rao.

Increased exposure to technology, he explained, affects eyesight, causes mood alterations, and makes individuals angry and irritable. There are four main criteria, experts said, through which addiction can be determined: if use of technology affects your sleep, productivity, interpersonal relationships and makes you isolate yourself from social activities.

Open Communication

Parents, counsellors, schools and colleges are recognising the need to work together to find solutions and disconnect those vulnerable to internet overuse. Mansoor Ali Khan, member, board of management, Delhi Public School, said that while schools are often considered “uncool” if they do not use technology in classrooms, it is necessary to understand that sometimes, simple, conventional learning works best.

“Children who have been handed iPads and smartphones when they are as young as three years old, have lower concentration levels and learning capability. Moreover, the conversations they have with friends also restricted to TV shows and games,” he said.

Do you have Nomophobia?

The school plans to increase cyber literacy and make the discourse around technology addiction more transparent. Sharma of SHUT Clinic, who launched a Digital Detox app earlier this year, is now developing an intervention module that he wants to take to schools and colleges. This, he said, will help academicians study how to control use of technology as a coping mechanism for peer pressure, boredom and stress. It would also help, he
added, if parents and elders are less judgmental about those needing help.

Sunil Abraham, executive director, The Centre for Internet and Society, told ET that parents must understand the concept of introducing incremental screen time to avoid addiction. This means, children between ages 1 and 3 must have zero screen time, those between 3 and 9 must have one hour of screen time every day, while adolescents between 9 and 15 years of age can access internet only for two hours daily.

“Parents todayccessed by children need to be kept in common areas like the living room,” said Abraham, stressing that parents should never use gadgets to distract children or keep them busy.

Tejaswi Uthappa agrees. According to her, open lines of communication about internet usage and cyberspace helps people seek help. “Our initiative, for instance, started with just me. But now, there are over a thousand adults — parents, working professionals or homemakers - who come on-board the moment they hear that we combat internet addiction. Only our intent and not our method, matters to them,” she said. “So it is a question of stakeholders acknowledging that this as a problem and coming together to find ways to solve it.”

For more details visit https://cis-india.org/internet-governance/news/economic-times-divya-shekhar-october-13-2018-spending-too-much-time-on-social-media

Spectrum Management

snehashish — 2013-03-15T07:07:47Z

Snehashish takes us through the entire process of spectrum management — auctioning and allocation process for all kinds of spectrum, the initial process of auctioning, how the bidders are selected, criterion for allocation, time taken to allocate, selection of band, interference issues, spectrum refarming, and spectrum reallocation.

3.5.1. Unit 1: Auctioning and allocating process for all kinds of spectrum
3.5.2. Unit 2: The initial process of auctioning
3.5.3. Unit 3: How are the bidders selected
3.5.4. Unit 4: Criterion for allocation
3.5.5. Unit 5: Time taken to allocate
3.5.6. Unit 6: Selection of band
3.5.7. Unit 7: Interference issues
3.5.8. Unit 8: Spectrum Refarming
3.5.9. Unit 9: Spectrum Reallocation

3.5.1: Auctioning and allocating process for all kinds of spectrum

Auction of spectrums was introduced in the telecommunication market after the failure of the administrative process of allocating spectrum. In auction theory, an auction takes place when there is a seller who wishes to allocate an object to one of ‘n’ buyers.[1] Auctions use a price mechanism to allocate spectrum. Auction of spectrum can be used to increase efficiency and earn maximum revenue. However, auctions of spectrum also have certain drawbacks such as collusion and higher price of telecom services due to high licence fees.

Some of the different types of auction formats are:

First-price sealed bid auction: The highest bidder wins the auction. Such highest bidder pays an amount equal to the bid amount and it is not essential that the bidder with the highest value will place the highest bid. The bid is based on the speculation what other bidders will be bidding.
Second-price sealed bids auction (Vickery auction): This procedure of auction is similar to first price sealed bid auction. The highest bidder wins the auction but he has to pay the price equal to the second highest bid.
Dutch auction: The auctioneer quotes the highest price for the subject matter of the auction and gradually decreases price. The first one to bid for it wins the auction.
English or Japanese auction: In English auction, the auctioneer quotes the minimum price and the buyer bids an amount higher than the minimum price. The bidding is closed when there is no increase in the amount and the highest bidder wins the auction. The other variant of English auction is Japanese auction. In this format, the auctioneer quotes a low price and gradually increases the price which is pre-determined. The bidders should show willingness to buy at the price quoted by the auctioneer. The bidding closes when only one bidder is left, who is willing to buy the object at the price quoted by the auctioneer.

Minimum Reserve Price

The minimum reserve price is generally fixed with the purpose of increasing revenue. Minimum reserve price is the minimum amount which the auctioneer is ready to auction the object for. The computing of minimum reserve price is a complicated affair. The computing of minimum reserve price requires knowledge about the distribution of valuations of bidders.[2]

Beauty Contest

The other mode of allotment of spectrum is through beauty contest. In a beauty contest, generally a committee is constituted which sets a certain standard and requirements which has to be fulfilled for the allocation of the spectrum. Contenders for the spectrum allocation is then evaluated and decided upon an entity which has the best capabilities to carry out functions.

“In the case of spectrum allocation for mobile services, criteria set out beforehand can include general criteria such as financial resources, reliability and investment in research, as well as more specific criteria such as the speed of network rollout, the requirement for geographic and/or population coverage, pricing, quality, technology and competitiveness.”

In case of auction the price mechanism to be implemented is crucial whereas in a beauty contest it is one of the requirements.[3]

3.5.2. & 3.5.3.: The initial process of selection of operators for allocation of spectrum

This selection will explore the changes in the selection process for allocation of spectrum with changes in the policy. This will look at

Auctioning of spectrum under the National Telecom Policy, 1994
Bundling of spectrum with the service licence
Delinking of spectrum from the licence and return to the auction format for allocation of licence

India had an early start in the field of auctioning of spectrum. Initially, under the 1994 policy, spectrum was included within the telecom licence. The licences were auctioned by the Department of Telecommunication, the incumbent regulator, policy maker and enforcer.

The National Telecom Policy, 1994, acknowledged the fact that it was not possible for the Government, alone to achieve targets under the Policy and there was a need for private participation. As a result, in 1995, the Government invited bids for private investment through a competitive process in the field of basic telecom services sector.

For the implementation of the service the country was divided into 20 circles. It was further categorized in A, B and C on the basis of the potential of the region to generate revenue. The Department of Telecom awarded licences to two operators per service area for cellular mobile telephone services and in case of basic telephone services.

The potential service providers in order to be eligible for bidding for licences had to partner up with a foreign company. It was considered that a standalone Indian company will not have the financial capability and technical know-how to provide cellular/basic telecom services at a large scale.

The bidding was a two stage process for all licences. The first stage was to fulfill the criteria, which was based on the financial net worth of the company (in relation to the category of circle) and the experience of the company in providing telecom services. The second stage was with respect to the valuation of bids. The licence was awarded to the telecom service provider, which has fulfilled the pre-requisites and is the highest bidder for the licence. Single stage bidding process was followed in circles. There were separate licences issued for the four metropolitan cities (Kolkata, Chennai, Mumbai, and New Delhi). The licences were awarded through beauty contest in metros.

The technology preferred for cellular services was GSM and for basic telephone service, a combination of fibre optics and wireless in local loop technology was implemented. In 1995, Government auctioned 2*4.4. MHz of startup spectrum for the GSM based mobile services.

Drawbacks in the mechanism of issuing telecom licence

The problem which arose due to the implementation of the above model is that multiple licences were awarded to a single entity. A single company was able to secure licences for nine circles and had a very high bid. This created problems as to the ability of the company to pay the licence amount for all the circles. In figures the annual turnover of the company was $0.06 billion where as the estimated licence fee was $15 billion. There were also concerns with respect to replacing the public monopoly on telecom services with a private one. In order to counter these problems the Government changed its policy and allowed the winning bidder to choose 3 circles out of the nine circles. There was rebidding in 15 circles with the government specifying a reserve price. This was due to the change in policy as the highest bidder was not able to operate in more than 3 circles. The response to this was very poor and it was perceived by the bidders that the reserve price was too steep.

Spectrum Management under New Telecom Policy, 1999

The policy on spectrum management under the NTP, 1999:

With the immense growth in new technologies there has been an increase in demand for telecommunication services. This has led to increase in demand for spectrum and therefore it is necessary that the spectrum should be utilized efficiently, economically, rationally and optimally.
Transparent process of allocation of frequency spectrum.
Revision of the National Frequency Allocation Plan (NFAP) and such a Plan to be made public by the end of year 1999. The NFAP will detail information about allocation of frequency bands.
NFAP is to be reviewed no later than every two years and it should be in tune with regulation under the International Telecommunication Union.
Adequate spectrum should be available, to meet the increase in need of telecommunication services.
Revision of spectrum allocation, in a planned manner in order to make available required frequency bands to the service providers.
Allocation of spectrum of frequency should be in conformity with the ITU guidelines. The following action will be adopted:

Spectrum usage fee shall be charged
Inter-Ministerial Group to be constituted, it will be known as Wireless Planning Coordination Committee. It will be a part of the Ministry of Communication for the purpose of review of spectrum availability.
Computerization of WPC wing

Implementation of the Spectrum Management Policy under NTP, 1999

With the advent of the 1999 Policy, cellular mobile service providers were allowed to provide all kinds of mobile services (voice, non-voice messages, data services and PCOs), which would utilize any type of network equipment that meets the ITU/TEC (International Telecommunication Union/ Telecommunication Engineering Centre) standards. It is also to be noted that the mandate of only using GSM was done away with and the cellular licence was made technology neutral. The New Telecom Policy, 1999 allowed the migration of the licensees from a Fixed Licensee Fee Regime to a Revenue Arrangement Scheme (w.e.f. 1/08/1999). The National Telecom Policy also laid down that the licences will be awarded for a period of 20 years and it can be extended for a period of another 10 years. The Government entered the telecom market as the third mobile operator. It granted licence to MTNL in 1997 for two metros (Delhi and Mumbai). In 2000, cellular mobile operator licence was granted to BSNL, as the third operator for all areas except Mumbai and Delhi. The 900 MHz band was given to the government operator on a pro-bono basis. In 2001, a fourth cellular mobile service operator was allowed in the telecom sector. The licence for the fourth operator was issued through a three stage auction. A start-up spectrum of 2*4.4 MHz in 1800 MHz was allotted to the winner of the auction. The licensees were also required to pay a percentage of annual revenue as spectrum charge. This was collected in addition to the entry fees.[6]

The other licences which were rolled out under the NTP, 1999 are licences for National Long Distance Service operators (without any bar on number of operators), International Long Distance Service and Internet Service Providers.

Unified Access Service Licence

In 2003, TRAI proposed a Unified Licensing Regime which was introduced by the Government in November, 2003. The unified access service licence “permitted an access service provider to offer both fixed and/or mobile services under the same licence, using any technology.” [8] An entry fee was charged, which was based on the bid price paid by the fourth mobile operator.[9]

The TRAI reviewed the spectrum allocation process in the year 2005. It took into account spectrum availability and also considered efficient techniques for the utilization of already allocated spectrum. The consultation paper prepared by the TRAI in 2005 stated that the spectrums allocated by the GSM and CDMA operators are well below the international averages. TRAI recommended that the existing operators should be allocated sufficient spectrum before allocating spectrum to new service providers.

Allocation of 3G and Broadband Wireless Spectrum

Spectrum for 3G and Broadband Wireless Access (BWA) was auctioned using the simultaneous ascending auction process. It involved a two stage process. A clock stage in order to indentify the winner for each circle which was followed by a assignment stage, for identification of specific frequency band. The auction of spectrum for 3G and BWA generated a gross revenue of Rs. 106262 crores for the Department of Telecom, across the 22 telecom circles.

3.5.4 & 3.5.6.: Selection of Band and Criterion for further allocation of spectrum

This section will go into the details of the allocation of specific bandwidth across various frequency bands and also analyze the change in allocation criterion for allocation of spectrum. This will also look at the process of allocation followed by India which has been quite different from the international practices due to hoarding of spectrum by the defense forces. It will also bring out the concern showed by TRAI as to scarcity of spectrum and shortcomings in the allocation of spectrum as compared to the international practices.

Start-up Allocation of Spectrum (1995- 2001)

Before the liberalization of the telecom sector, the bandwidth intended for commercial exploitation was under the control of the Defence forces in India. This consisted of 800 MHz, 1800 MHz and 1900 MHz frequency bands. The commercial exploitation of the spectrum started with the grant of the Cellular Mobile Telephone services in the metro cities.

As discussed in Module 3.5.1(add link), the first round of auction of spectrum was for two CMTS licences in each circles. The DoT auctioned 2*4.4 MHz (paired frequency division duplex spectrum assignment) for GSM technology in the frequency band of 890-915 MHz paired with 935-960 MHz in each circle.

Subsequently, the Government entered the market as the third cellular operator in the 2001. A bandwidth of 2*4.4 was allocated to the start up government cellular operators free of charge in the 900 MHz band. The fourth cellular operator entered the market in 2001 and a start up spectrum of bandwidth 2*4.4 MHz was allocated to the operators in the frequency band 1710-1785 MHz paired with 1805-1880 MHz.

The Department of Telecom also allowed further allocation of spectrum apart from the start up spectrum allocations. This was based on the availability and justification provided by the operator for allocation of more bandwidth. In 2002, the Department of Telecom introduced the Subscriber Based Criterion for the allocation of spectrum. According to this criterion, surplus spectrum would be allocated to the operator, with a certain amount of subscriber base. This was followed by allocation of 2*12.5 MHz bandwidth to each operator within each circle.

However, this method of allocation of spectrum was totally different from the allocation of spectrum in the other countries. A sizeable bandwidth of 2*15 MHz was allocated as start-up spectrum in various countries. This was not the case in India and the Department of Telecom cited that due to non-availability and hoarding of spectrum by defence such a policy had to be adopted.

Table 1: Allocation of Spectrum on the basis of the “Subscriber Based Criterion”, 2002

Quantum of Spectrum Allotted	Minimum Subscriber Base Required (in millions)	Annual Spectrum Charges (per cent of the adjusted gross revenue)
2*4.4 MHz	-	2
2*6.2 MHz	-	3
2*8.0 MHz	0.5	3
2*10 MHz	1.0	4
2*12.5 MHz	1.2	5

*Source: Vardharajan Sridhar, The Telecom Revolution in India: Technology, Policy and Regulation, Oxford University Press, 2012, pp. 112

Post UASL Regime (2003-2005)

After the implementation of the Unified Access Service Licence, the basic telecom service operators were allowed to provide full mobility service for a payment of a entry fee which was equivalent to that paid by the fourth cellular operator. However, such operators migrating to UASL regime were not promised any start up spectrum but it would allocate as and when available.

Review of Spectrum Allocation Process by TRAI and setting up of new Subscriber Base Criterion (2006-2008)

TRAI reviewed the spectrum allocation process in 2005 with the intent to account for unused spectrum and optimum and efficient utilization of scarce resource such as spectrum. The TRAI found that the maximum spectrum allocated to an operator is 2*10 MHz whereas the international average is around 2*20 MHz.

The main problem faced by allocation of spectrum was due to use of spectrum by defence forces and the railways.

Ministry of Defence and Railways uses sizeable portion of the 900 MHz frequency band for navigation and other purposes. It also uses the 1900 MHz band. The Defence Forces utilize 2*20 bandwidth at 1880-1900 MHz paired with 1970-1990 MHz for fixed wireless local loop technology.
The 1900 MHz could not be utilized because the Air Force uses the frequency band.

The TRAI also commented that in the 800 MHz band only a maximum of 2*5 MHz had been allocated to the CDMA operators whereas the world average standards stand at 2*15 MHz for CDMA operations.

The TRAI while observing that the allocation of the spectrum for both GSM and CDMA operators was way below international average spectrum allocation standards recommended that the existing service operators should be provided with more spectrum than before allowing new players to enter the market as there was already a fair amount of competition in the market.

The 2006, TRAI Recommendations on implementation 3G, noted that the Ministry of Defence will vacate 2*20 MHz frequency band in the 1800 MHz band along with 25 MHz in the 2.1 GHz UMTS band. In its recommendation TRAI suggested that the additional spectrum vacated by the defence forces in the 1800 MHz band should be allocated to the operators providing 2G services and it specifically recommended that the Department of Telecom should not treat the allocation of 3G spectrum as a continuation of 2G spectrum allocation.

TRAI recommendations in 2007 suggested that there should not be any limitation on the number of players in the telecom sector. The grant of new licences resulted in a list of license holders who were to be assigned spectrum as and when available. TRAI in its 2007 recommendation noted that the spectrum allocation criteria should be formulated in such a manner so that maximum and efficient utilization of the spectrum can be achieved. This led to the tightening of the Subscriber Base Criterion previously laid down by the DoT (Table 1).

Quantum of Spectrum Allotted	Minimum Subscriber Base Required (in millions)	Annual Spectrum Charges (percentage of the adjusted gross revenue)
For GSM Services
2*4.4 MHz	-	2
2*6.2 MHz	0.5 – 0.8	3
2*7.2 MHz	1.5 – 3.0
2*8.2 MHz	1.8 – 4.1	3
2*9.2 MHz	2.1 – 5.3
2*10.2 MHz	2.6 – 6.8	4
2*11.2 MHz	3.2 – 6.8
2*12.2 MHz	4.0 – 9.0	5
2*14.2 MHz	5.7 – 10.7	5
2*15 MHz	6.5 – 11.6	6
For CDMA Services
2*3.75 MHz	0.15 – 0.40	2
2*5.0 MHz	0.5 – 1.2	2

*Source: Vardharajan Sridhar, The Telecom Revolution in India: Technology, Policy and Regulation, Oxford University Press, 2012, pp. 115

Allocation of 3G Spectrum (2010-Current)

In 2008, the Department of Telecom announced its policy on 3G mobile services. Pursuant to the 2006 TRAI Recommendations on Allocation and pricing of spectrum for 3G and Broadband Wireless Access, the Department of Telecom decided on a simultaneous ascending auction for allocation of spectrum. According to the recommendation, the Department of Telecom would allot 2*5 MHz bandwidth in the 2.1 GHz band.

3.5.5.: Time taken to allocate

This section will look at the issues with respect to time taken by the Department of Telecom to allocate spectrum to the winning bidders. The Department of Telecom on various occasions has delayed the process of assigning specific frequency bands after allocation of spectrum. This has in turn resulted in delay in rolling out of services by the telecom operators.

There has been substantive delay in allocation of spectrum due to various other reasons, which has been listed in the Report on Examination of Appropriateness of Procedures followed by Department of Telecommunications in Issuance of Licences and Allocation of Spectrum during the Period 2001- 2009. However, according to the Report, the main reasons for the delay are:

Deviation from laid down procedures
Inappropriate application of laid down procedures
Violation of underlying principles of laid down procedures[9]

For instance:

Ongoing litigation with respect to allocation of spectrum
During the first instance of allocation of spectrum for the metro cellular licences; the process was marred by litigation which resulted in delay in allocation of spectrum. Subsequently, there was delay in rolling out of service and the operators suffered huge losses and most of the telecom companies were rendered bankrupt.
Lack of availability/co-ordination with the defence for vacation of spectrum
Initial as well as additional spectrum was allocated as per availability. Such delays were sometime more than a year, which amounted in not only loss of profit for the licence holder but also huge losses in revenue for the Department of Telecom.
Delay in processing of application
For example in allocation of additional spectrum for Idea Cellular Limited in the Maharashtra Service Area, there was a delay of four months given that co-ordination with the Defence was done by December 10, 2004. Spectrum was only allocated by April 1, 2005.

3.5.7. Interference issues

This section will deal with the issues regarding interference in the telecommunication sector. Interference can be defined as noise or unwanted signals which are received by a reception device while receiving the wanted signals. Interference causes degradation of quality of service in the telecommunication.

There is no specific policy in India which deals with interference issues. Interference issues in the telecom sector in India, is generally addressed by Wireless Monitoring Organization which functions under the Wireless Planning Coordination Committee. Telecom operator licences also carries covenant which states:

"The licensee shall not cause or allow causing harmful interference to other authorized users of radio spectrum. For elimination of harmful interference to other user, licensee shall abide by all instructions and orders issued by the Government."[10]

Under the Use of low power Equipment in the frequency band 2.4 GHz to 2.4835 GHz (Exemption from Licensing Requirement) Rules, 2005, interference is defined as, "The effect of unwanted energy due to one or a combination of emissions, radiations or induction upon reception in a radio communication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy."[11]

A licensee can approach the Wireless Monitoring Organization (WMO) and lodge a complaint if such operator is facing problems due to interference with other radio signals. In such a circumstance the WMO, enquires in to the matter and finds the source of interference addresses the issues accordingly. The WMO also has wireless monitoring stations which look in to and investigates any issue related interference. The WMO has introduced mobile monitoring vans to effectively find out the source of signals causing interference. The wireless monitoring stations intercepts the interfering signal to determine the source of the signal.

3.5.8. & 3.5.9.: Spectrum Refarming and Spectrum Reallocation

This section will look at the process of refarming of spectrum and also analyze the current (2012) debates on spectrum refarming in India.

Refarming of spectrum is defined as a process which is used to bring about any basic change in the use of different frequency band in the radio spectrum. This can be due to

Change in technology
Change in application and used of the frequency band
Change in Government policy on allocation of spectrum.

Refarming of spectrum entails freeing up of spectrum which is in use and reallocation of such spectrum for some other purpose. It can happen due to change in technology which allows more efficient use of spectrum and hence results in vacation of spectrum. The two main instruments which effects spectrum refarming and reallocation are

Market Driven
Policy or Regulation Driven

Market Driven

A need for spectrum refarming may arise due to the changes in the market such a entry of new players in the market. A market driven refarming and reallocation will take in to consideration financial and business related factors. For example a new entrant in the telecom market will always welcome refarming of spectrum in the 800 MHz or 900 MHz because it will bring down the infrastructure costs incurred by the new player in the market.[12]

Policy or Regulation Driven

The policy driven change is an administrative changes. The main aspects which are taken into consideration by the policy maker or regulator are:

Market Structure: The regulator may implement refarming of spectrum to allow refarming and reallocation of spectrum for facilitating competition in the market. The regulator has to take into consideration the costs incurred by the telecom operators or users of the spectrum for relocating to a different frequency band.
Access: The regulator may allow refarming of spectrum in order to implement new technologies which allows for better access and efficient use of spectrum.
Revenue: The regulator may consider refarming and reallocation of spectrum in order to earn revenue and also allow equity in distribution of spectrum. Spectrum being a scarce resource has to be judiciously allocated by the regulator. Spectrum which was previously allocated for almost two decade ago holds more value in the market due to change in technology as well as the market structure. Therefore, in order to earn revenue the government may refarm and reallocate spectrum.

The main challenge with respect to refarming and reallocation of spectrum is that who will bear the cost for such changes in the spectrum usage and allocation and the transition to a different frequency band. Normally, such a change in spectrum usage is compensated by the:

Telecom companies who have to re-buy the spectrum at a higher price
New telecom companies
Government may set up a refarming fund for such reallocation from the spectrum revenue. For example, such a fund exists in France and it is managed by the Agence Nationale Des Fréquences. (National Frequency Agency).

Refarming and Reallocation in India

According to TRAI in its Recommendation Auction of Spectrum, 2012 discusses the concept of spectrum refarming and states:

"Refarming of spectrum involves re-planning and reassigning of spectrum over a period of time for services with higher value. A key motive for refarming of spectrum is to use the refarmed frequency bands for communications services that yield greater economic or social benefit than existing use as well as to enable the introduction of new or emerging technologies." (para 2.6)

Previously the TRAI in its Recommendation on Licensing Framework and Spectrum Management, 2010 had pointed out that 800 MHz and 900 MHz should be refarmed for use of new technology (UMTS 900), which would allow more efficient use of the spectrum.

In the 2012 Recommendation, TRAI has made detailed suggestions by taking into consideration international practices, different methodologies of refarming of spectrum and comments from the stakeholders. The main recommendations are:

Spectrum in the 900 MHz band is a valuable asset both technologically and economically. Use of 900 MHz spectrum should be liberalized and restriction on the use of technology in the licence should be done away with.
It advises the government to take back 900 MHz from the licensees, who were granted licence in 1994-1995 and the two government operators. These licensees should be granted licence for liberalized spectrum at 1800 MHz frequency band at a price relevant in November, 2014
It also recommended that the 1800 MHz is not completely open for commercial exploitation and the government agencies should vacate the frequency band for successful refarming of 900 MHz.
The licence holder in the 800 MHz band should be reallocated to 1900 MHz band and it strongly recommends that the government should make immediate arrangements to refarm 800 MHz and reallocate licence holder to the 1900 MHz band.

Recently in October, 2012, The Telecom Commission under the Department of Telecom has also recommended refarming of all spectrum used by the telecom companies in the 900 MHz frequency bands during the next phase of renewal of licence. The Commission’s recommendation implies that the complete 900 MHz band has to be reallocated.

In the light of the above recommendation, the telecom companies will have the option of shifting from 900 MHz to 1800 MHz, for which auctions are happening in 2012m or it can bid for 900 MHz auctions schedule to happen in early 2013.These recommendations, if implemented may result in huge investments by the telecom companies and would affect the end users. In 2012, the minimum reserve for auction of 1800 MHz spectrum is set at Rs. 14000 crores and the minimum reserve price for auction of 900 MHz would be twice the amount. The existing licence holder in the 900 MHz band, who migrate to the 1800 MHz band would have not only make huge investment to procure spectrum but also have to install 1.5 times more cell sites to ensure adequate coverage. This would result in further investment and in turn affect the tariff rates.

However, this has been welcomed by the new players in the market, who will have the opportunity to bid for 900 MHz spectrum band which economically and technologically more viable and if liberalized it can also introduce new technologies such as UMTS 900 which would ensure better utilization of the spectrum.

Therefore, it is quite evident that the main challenge so far has been who is liable to compensate for refarming and reallocation. On one hand refarming will ensure deployment of new technology and efficient use of spectrum and also create level playing field for all the telecom companies on the other hand, reallocation or re-auction of spectrum would hit the incumbent telecom companies.

Bibliography

TRAI Recommendations and Consultations available at http://trai.gov.in
Ashok V. Desai, India’s telecommunications industry: history, analysis and diagnosis, Sage Publications India Pvt. Ltd., 2006
Vikram Raghavan, Communications Law in India (Legal Aspects of Telecom, Broadcasting and Cable Services), Lexis Nexis Butterworths, 2007
Varadharajan Sridhar, The Telecom Revolution in India: Technology, Regulation and Policy, Oxford University Press, 2012

Notes
[1]. Andrea Prat, Tommaso Valletti, Spectrum Auctions versus Beauty Contests: Costs and Benefits, Prepared for the OECD - Working Party on Telecommunications and Information Services Policies, (First draft - November 2000) available at http://istituti.unicatt.it/economia_impresa_lavoro_OECD-draft.pdf (last visited on 7/06/2012).
[2]. Consultation Paper on Auction of Spectrum , Telecom Regulatory Authority of India, (7^th March, 2012) available at http://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/consultation paper spectrum of auction.pdf (last visited on 4/6/2012).
[3]. Id.
[4]. Rohit Prasad and V. Sridhar, A Critique of Spectrum Management in India, Economic and Political Weekly, Vol. 43, No. 38 (Sep. 20 - 26, 2008), pp. 13-17.
[5]. See, R.S. Jain, Spectrum auctions in India: lessons from experience, Telecommunications Policy 25 (2001) 671–688 available at http://rru.worldbank.org/Documents/PapersLinks/spectrum_auctions_india.pdf (last visited on 05/06/2012) "The bidders could apply for any number of service areas, subject to the fulfillment of the specified entry conditions. The existing licensees could not bid for the same service area. Rollout obligations would be imposed on the winning bidders such as covering at least 10% of the district headquarters in the first year and 50 percent within 3 years of the effective date of the license. Having been criticized for the single round highest bid mechanism that caused inflated licence fee in earlier rounds, the government produced a bidding process which it called the informed ascending bidding process. The bidding process would have three rounds. The highest pre-qualified offer in the first financial bid would be treated as the reserve price for subsequent rounds of bidding. The lowest bidder in any round would not be allowed to participate in the next round, provided there were four or more bidders in any round. In case there were only two short listed bidders, both would qualify. The highest bidder in the third round would be declared successful for the grant of a licence."
[6]. Id.
[7]. Recommendations on Spectrum Management and Licensing Framework, TRAI, 11th May, 2010
[8]. Supra note iv at pp.14, "The fixed fee based licence (as opposed to auction based) theoretically allowed any number of mobile licences to be provided and implicitly de- linked spectrum allocation from licensing."
[9]. Justice Shivraj V. Patil (Former Judge, Supreme Court of India), Report on Examination of Appropriateness of Procedures followed by Department of Telecommunications in Issuance of Licences and Allocation of Spectrum during the Period 2001- 2009. (One man committee report), Published on January 31, 2011, pp. 100 available at http://www.dot.gov.in/miscellaneous/OMC/report.pdf
[10]. Clause 43.6, Licence Agreement for Provision of Unified Access Services after Migration from CMTS.
[11]. Rule 5, Use of low power Equipment in the frequency band 2.4 GHz to 2.4835 GHz (Exemption from Licensing Requirement) Rules, 2005
[12].Lower frequencies bands such as 800 MHz or 900 MHz have a greater wavelength and covers larger areas as opposed to higher frequency bands such 1800 MHz or 2.1 GHz. Therefore the telecom company with lower frequency spectrum has to set up less telecom infrastructure to provide adequate network coverage.

For more details visit https://cis-india.org/telecom/resources/spectrum-management

South African Protection of Personal Information Act, 2013

divij — 2014-05-05T06:59:51Z

As the rapid spread of technology in developing countries allows exponentially increasing availability of and access to personal data through automatic data processing, governments are beginning to recognize the necessity to evolve policies addressing data security and privacy concerns.

The source of pressure for strict legal regulations addressing data protection are both the growing recognition of the importance of privacy rights, as well as the risk of falling behind on international standards on data protection, which would hamper the potential of developing countries as destinations for outsourcing industries which depend largely on processing of information.[1] The Protection of Personal Information Act enacted by South Africa is an example of a policy which enables a comprehensive framework for data security and privacy and is a model for other developing nations which are weighing the costs and benefits of establishing a secure data protection regime.

The South African law traces the right to protection of personal information back to Section 14 of the South African Constitution, which provides for a right against the unlawful collection, retention, dissemination and use of personal information. The law establishes strict restrictions and regulations on the processing of personal information, which includes information including relating to race, gender, sexual orientation, medical information, biometric information and personal opinion. The processing of personal information under the Act must comply with 8 principles, namely - accountability, lawful purpose for processing and processing limitation, purpose specification, information quality, openness and notice of collection, openness, reasonable security safeguards and subject participation, in line with the international standards for fair information practices.[2] The Act also recognizes ‘special personal information’, including religious or political beliefs, race, sexual orientation and trade union membership, as well as any personal information of children below the age of 18, which require stricter safeguards for processing,. Similar to the draft Indian legislation on privacy, the Act contemplates an independent regulatory mechanism, the information regulator, which would have all the necessary powers to effectively monitor compliance under the Act, including the power for punishing offences under the Act.

The Protection of Personal Information Act contains 115 Sections and is meant to be an exhaustive and heavily detailed policy to bring South Africa’s laws in line with EU and international regulations on data protection.[3] Though such progressive policies should be a model for policy changes in other developing nations, one aspect in which the law fails is to address increasing privacy concerns arising from widespread government-enabled surveillance and data retention. The POPI excludes from its application the processing of information related to national security, terrorist related activities and public safety, combating of money laundering, investigation of proof of offences, the prosecution of offenders, execution of sentences or other security measures, subject to adequate safeguards being established by the legislature for protection of personal information. Unfortunately, the ambiguous wording of the exclusions, especially in determining “adequate safeguards”, leaves its interpretation and application open for governments to engage in mass surveillance in the name of public security. Over the past few years, governments have taken to using technology and information, particularly through mass surveillance, to collect comprehensive information on their citizens and violate their liberties and privacy. In India, particularly with programs like the Central Monitoring System being implemented, any policy which purportedly aims at the protection of privacy must not only seek bare minimal compliances with the current international standards for data protection, but should also address the mass, unrestricted surveillance and data retention which is taking place in the name of public security.

Developing nations like South Africa and India face significant challenges in ensuring individual privacy, particularly the lack of sufficient legal safeguards for the protection of privacy. The right to privacy is often dismissed as an elitist or western concept, which does not have value in the context of developing nations, without engaging with the realities and the nuances of the right. Further, the costs of expensive technical safeguards means private and public bodies are required to spend significant resources in maintaining data security and these factors often outweigh privacy considerations in policy debates. The South African Act, hence, serves both as an important model for legislation and as an indication that the right to privacy is valuable to recognize in developing countries as well.

[1]. Article 25 of the European Union Directive on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of such data (Directive 95/46/EC) prohibits the transfer of data to non-member states which do not comply with adequate data protection norms.

[2]. http://oecdprivacy.org/

[3]. Link to Act: www.gov.za/documents/download.php?f=204368

For more details visit https://cis-india.org/internet-governance/blog/south-african-protection-personal-information-act-2013

Sources of CIS Funding

pranesh — 2018-07-07T01:19:19Z

CIS's donors' names and the amount of the grants they've provided are being published in an effort to be absolutely transparent and to make it clear that our donors do not dictate the policy and research positions we espouse.

To access the latest information on CIS funding click here

According to some news reports, the Centre for Internet and Society's criticisms of some government policies are being seen as being motivated by our funding. To set the record clear, we are publishing the names of all our donors, and the amounts received from them. It is to be noted that this list does not include donors (such as Privacy International) with whom we have agreements, but from whom we have not yet received any funding.

	Name of Donor	2008–2009	2009–2010	2010–2011	2011–2012	2012–2013	Total
1	Kusuma Trust	र14,473,000	र21,226,199	र22,190,787	र10,000,000	र2,32,99,038	र9,11,89,024
2	Hans Foundation					र1,40,85,662	र1,40,85,662
3	Wikimedia Foundation					र1,11,41,246	र1,11,41,246
4	Hivos		र6,49,635	र47,68,347	र22,82,939		र77,00,921
5	Ford Foundation				र45,01,370		र45,01,370
6	Privacy International					र25,05122	र25,05,122
7	Estudios para la Democracia Social			र24,32,877			र24,32,877
8	LexUM		र13,49,137	र7,11,716			र20,60,853
9	Open Society Institute, London			र900,000			र9,00,000
10	National Internet Exchange of India		र535,000	र100,000			र6,35,000
11	International Telecommunications Union			र616,487			र6,16,487
12	Rohini Nilekani		र5,00,000				र5,00,000
13	UNESCO			र2,63,480			र2,63,480
14	iCommons			र2,22,300			र2,22,300
15	Centre for the Study of Culture and Society			र1,61,100			र1,61,100
16	National Institute for the Visually Handicapped		र50,000				र50,000
Total		र1,44,73,000	र2,43,09,971	र3,23,67,094	र1,22,82,939	र5,10,31,068	र13,89,65,320

While CIS is not opposed to corporate funding (and is not opposed to corporations), we do not adopt policy positions on the basis of our funding. We adopt policy positions based on what we consider is in the public interest, specifically in the interest of consumers and developing countries such as India, as that would give effect to CIS's vision statement. While these interests may sometimes align themselves with the interests of multi-national corporations, it often does not.

For more details visit https://cis-india.org/internet-governance/sources-cis-funding

SOPA: The bill that could kill the Internet

praskrishna — 2011-11-18T07:26:30Z

As the US government’s House Judiciary Committee begins hearings on the proposed Stop Online Piracy Act, (SOPA), both supporters and opponents are ramping up their campaigning, with big names getting involved. And so they should. SOPA’s stakes are no less than the future of the Internet itself.

The key problem with SOPA is that it seeks to allow any copyright holder to sever any website’s relationship with online advertising networks or credit card processing services, simply by pointing the finger. As Ars Technica explains:

Calling its plan a “market-based system to protect US customers and prevent US funding of sites dedicated to theft of US property,” the new bill gives broad powers to private actors. Any holder of intellectual property rights could simply send a letter to ad network operators like Google and to payment processors like MasterCard, Visa, and PayPal, demanding these companies cut off access to any site the IP holder names as an infringer.

[…] So long as the intellectual property holders include some “specific facts” supporting their infringement claim, ad networks and payment processors will have five days to cut off contact with the website in question.

The bill also gives the government the power to get an injunction against foreign sites which would force ISPs to, within five days, ”prevent access by its subscribers located within the United States to the foreign infringing site.” Essentially, it obliges ISPs to break their own DNS servers by filtering or redirecting users who try to access an accused site. It would also ban any tools which allow circumvention of such blocks.

It doesn’t take a genius to see how this could be abused: An aggrieved party accuses a site of infringement, with or without reliable evidence, and suddenly that site can no longer accept credit cards or PayPal payments and its advertising revenue dries up completely. And we know that the IP industry isn’t above false accusations of copyright infringement. It’s not just business websites that could be affected, but open source projects too.

Opponents currently include businesses such as Google, Facebook, Zynga, eBay, Twitter, Yahoo!, AOL, and LinkedIn who, together, sent a letter; advocates such as the Electronic Frontier Foundation, Reporters Without Borders, and Human Rights Watch; as well as eleven members of the House of Representatives who have also written a letter to the House Judiciary Committee. Another letter from human rights groups includes India’s Centre for Internet and Society as well as the Church of Sweden.

There are also complaints that the House Judiciary Committee is trying to push the legislation through with undue haste. Says PCWorld:

Critics of the legislation also complained that the US House of Representatives Judiciary Committee appears to be fast-tracking the bill before opposition can build. At a 10 am hearing Wednesday, five of six witnesses are likely to speak in favor of SOPA, with only Google opposed. Witnesses the Motion Picture Association of America, trade union the AFL-CIO and pharmaceutical company Pfizer have all voiced support for the bill.

No public interest groups, Internet engineers or human rights groups have been invited to the hearing, said Gigi Sohn, president of Public Knowledge, a digital rights group. “This is really being railroaded, without a full public debate,” she said.

Indeed, the tone of the Committee’s so-called fact sheet, which lays out a series of ‘myths’ and ‘facts’, gives cause for concern, implying as it does that they have already decided which side of the fence they will land on. What is also disturbing is that the US Copyright Office — which as a part of the Library of Congress, one would expect to be impartial and evidence-led — will be offering an “unqualified endorsement“:

“It is my view that if Congress does not continue to provide serious responses to online piracy, the US copyright system will ultimately fail,” [Copyright Office director Maria] Pallante’s testimony says.

Pallante and representatives from Pfizer, the Motion Picture Association of America, the AFL-CIO, and Mastercard, all of whom support the bill, will be testifying tomorrow before the House Judiciary committee.

For Americans who are unimpressed by this latest move from the content industries to control the Internet, there is a letter writing campaign encouraging people to contact their congressperson. For non-Americans, Avaaz has set up a Save the Internet petition which currently has 70,000 signatures and is racking up hundreds of new signatures every minute.

There’s no doubt that tech journalists, free software advocates and digital rights campaigners and internet businesses worldwide will be glued to coverage of today’s Judiciary hearing. But, given the power of the copyright industry’s lobbying arms, it is hard to expect discussions to conclude satisfactorily. It may just be that the entire Internet will have to rely on the strength of the US Constitution, which SOPA may contravene, to save it.

This article by Suw Charman-Anderson was published in Firspost.Technology on November 16, 2011. The original can be read here

For more details visit https://cis-india.org/news/bill-could-kill-internet

Soon, all 14 volumes of Kannada encyclopaedia to be online

praskrishna — 2014-07-16T11:06:56Z

Four volumes have been uploaded so far on a pilot basis.

The article by R.Krishna Kumar was published in the Hindu on July 15, 2014. Dr. U.B.Pavanaja gave his inputs.

All 14 volumes of the Kannada Vishwakosha published by the University of Mysore along with five volumes of subject encyclopaedia — also published in Kannada by the varsity — may soon be available on the internet.

This will not only enrich Kannada content on the Internet, but will give the multi-volume publications that are available only in a few libraries and research institutions a new lease of life.

While four volumes of the Vishwakosha published by the Prasaranga wing of the varsity have already been uploaded on Wikisource, talks are on to upload other volumes along with the subject encyclopaedias.

“We are in discussion with the Centre for Internet and Society (CIS), Bangalore, in this regard and may soon decide on making the other volumes available on the Internet through Creative Commons (CC) licence to coincide with the centenary of the university in 2016,” said K.S. Rangappa, Vice-Chancellor, University of Mysore.

Speaking at the Open Knowledge Day organised in collaboration with the CIS here on Tuesday, Prof. Rangappa said four volumes of the Vishwakosha have been uploaded as part of a pilot project. “This has helped people access the contents and hence its popularity has grown,” he said.

The university is in talks with the authors and editors concerned at Prasaranga to take the project forward and was also considering digitising the subject encyclopaedia and migrate them to the CC licence platform for public sharing, he added.

The CIS and the varsity signed a Memorandum of Understanding (MoU) to re-release the first six volumes of the Vishwakosha under the CC licence, of which four volumes have been released, and the Open Knowledge Day was organised to mark the occasion. The CIS said it also coincided with the Open Knowledge Festival being held in Berlin (July 15 to 17).

U.B. Pavanaja of the CIS said it was imperative to make the latest developments in the world available in Kannada so that people can keep themselves updated. “But for books prescribed in the syllabus, there is not much available on the Internet in Kannada and this project will help bridge the gap,” he said.

Students of Christ University, Bangalore, who worked to upload the Vishwakosha, were felicitated on the occasion.

For more details visit https://cis-india.org/news/the-hindu-july-15-2014-r-krishna-kumar-soon-all-14-volumes-of-kannada-encyclopaedia-to-be-online

Some ISPs block Wordpress domain across India

praskrishna — 2012-08-26T15:16:30Z

Latest reports confirm that Tata Photon has blocked access to the Wordpress.com domain across India, following a government order to block web pages containing offensive content.

Published in tech 2 on August 25, 2012. Pranesh Prakash is quoted.

Apparently, the ISP has resorted to a blanket ban, blocking access to the entire site instead of clamping down on specific web pages carrying unacceptable content. Wordpress is accessible through other ISPs such as Airtel and Reliance. However, there is no clarity yet about any other ISP blocking out Wordpress entirely, and we are in the process of verifying this.

We find that the domain can be accessed through means such as free proxy websites when using a Tata Photon connection, which could indicate that the problem does not lie with the Wordpress server. Despite the inability to view Wordpress websites and blogs, those with registered accounts on Wordpress are able to log in to the website. Certain portions of the Dashboard or website backend are known to have been blocked, and what remains accessible is functioning very slowly for Tata Photon users. Users cannot edit or post new content at the moment, but can view sections such as the website's stats. However, this all-encompassing block seems to be affecting only the Wordpress.com platform and not Wordpress.org.

The error message that most users are coming to

A blogger by the name 'Anon and on' has written, “I can’t access any WordPress.com blog from home. Neither can I open up the window for a new post or access any support forums. I’ve cleared the cache and tried different browsers, but no luck. All I can do is log in. If I try to see any WordPress.com blog or access my Dashboard or hit “New Post”, the notification I get is that the server couldn’t be contacted and that I should check my connection. Which I would do if it wasn’t for the fact that I can open any and every other website”.

We tried to contact Tata Photon to get a clear idea, but it was unavailable for comment. We also contacted Tata Photon users, who run their websites and blogs on the Wordpress platform. They said they have been unable to access the service since Monday. Many users tweeted out their puzzlement and frustration after discovering that they were suddenly unable to view their own blogs and sites.

"Tata simply blocked 25 MILLION wordpress blogs @cis_india highlight this"

"Not able to open http://Wordpress.com blogs on Tata Photon Plus."

"all wordpress blogs blocked in Tata photon plus"

"It's some Tata Photon bug. Wordpress working fine with Reliance."

"There is a known issue with Tata Photon and Wordpress. Found 5 people who have the same."

In protest, some bloggers from across the country have formed a group called the Indian Bloggers' Forum. The forum plans to approach the Supreme Court with a PIL seeking immediate unblocking of their blogs and websites.

Earlier this week, a list containing 309 URLs sought to be banned by the government in light of the Assam violence and the subsequent exodus in northeast India was leaked online. The URLs comprising Twitter accounts, HTML img tags, blog posts, entire blogs, and a handful of websites, were blocked between August 18 and 21. In an analysis of the leaked information, Pranesh Prakash, Programme Manager at the Centre for Internet and Society (CIS) wrote, "It is clear that the list was not compiled with sufficient care". The list included Wordpress.com and Wordpress.org among other domains. However, only select entries - 3 from Wordpress.org and 8 from Wordpress.com- were meant to be blocked out.

The clampdown on websites with content deemed to be offensive and disruptive led to the Indian government ordering the blocking of around 310 web pages. The Centre began to come down heavily on the channels it believed were playing a role in triggering fear, and leading to violence and the mass displacement of Indians from the northeast. It has been reported that morphed images and videos were uploaded to these websites with the intention of inciting the Muslim community in the country.

If your access to Wordpress has been blocked, let us know in your comments.

For more details visit https://cis-india.org/news/tech2-in-com-som-isps-block-wordpress-domain-across-india