Centre for Internet and Society

Open Letter to Members of the European Parliament of the Civil Liberties, Justice and Home Affairs Committee

elonnai — 2013-10-23T05:00:02Z

An open letter was sent to the Members of the European Parliament of the Civil Liberties, Justice and Home Affairs Committee on the proposed EU Regulation. The letter was apart of an initiative that Privacy International and a number of other NGO's are undertaking.

Dear Members of the European Parliament of the Civil Liberties, Justice and Home Affairs Committee,

On behalf of The Centre for Internet and Society, Bangalore, India, we are writing to express our support of the European Commission’s proposed General Data Protection Regulation (COM (2012) 11).

The legal framework established under the 1995 Data Protection Directive (95/46/EC) in Europe has positively influenced many existing privacy regimes worldwide, serving as a model legal framework in jurisdictions that are in the process of developing privacy regimes, including India. The positive impact of the Data Protection Directive shows the potential of the Regulation to become a global model for the protection of personal data. The Regulation seeks to address new scenarios that have arisen in the context of rapidly changing technologies and practices, increasing its potential for positively influencing privacy rights for individuals globally.

India is currently in the process of considering the enactment of privacy legislation, in part with the aim of ensuring adequate safeguards to enable and enhance information flows into India from countries around the world, including Europe. At the same time, India is seeking Data Secure Status from the EU, on the basis of its current regime.

It is clear that the EU framework for data protection has a major influence on the current and emerging privacy regime in India. India is only one country of many that are in the beginning stages of developing a comprehensive privacy regime. Thus, we ask that you keep in mind how the Regulation will impact the rights of individual in countries outside of Europe, particularly in countries that are in the process of developing privacy regimes.

We ask that you take into consideration the four following points that we believe need to be addressed in the Regulation to help ensure adequate protection of the rights of individuals in the European Union and around the world.

Strengthen the principle of purpose limitation: The Regulation should incorporate a strong purpose limitation principle that strictly limits present and future uses of personal data to the purposes for which it was originally collected. Currently, Article 6(4) allows for the further processing of data when the processing is “not compatible with the one for which the personal data have been collected”. Though the provision establishes legal requirements, one of which must be before information can be used for a further purpose, this is has proven insufficient in the existing Directive. The current provision in the Regulation dilutes the principle of purpose limitation as well as weakening an individual’s ability to make informed decisions about their personal data.
Define principles for interpretation of broad terms: The Regulation should create principles for interpreting broad terms such as “legitimate interest” and “public interest”. These vague terms are used throughout the Regulation, and create the potential for loopholes or abuse. Because these terms can be interpreted in many different ways, it is important to create a set of principles to guide their interpretation by data protection authorities and courts to avoid inconsistent application and enforcement of the Regulation.
Clarify the scope of the Regulation: The Regulation should clearly describe the jurisdictional scope and reach of its provisions. Currently Article 3(1) states that the Regulation will apply to the processing of data “in the context of the activities of an establishment of a controller or a processor in the Union”. The flow of information on the online environment coupled with trends such as cloud computing, outsourcing, and cross border business creates a scenario where defining what constitutes “context of the activities of an establishment”, is difficult and could lead to situations where personal data is not protected, as the collection, use, or storage of it does not necessarily fall within the “context of the activities”.
Address access by foreign alliance bodies: In light of growing demands by law enforcement for access, use, and transfer of personal information for investigative purposes across jurisdictions– the Regulation should define the circumstances in which personal data protected by its provisions can be accessed and used by foreign intelligence bodies, and the procedure by which to do so. The Regulation should address challenges such as access by foreign intelligence bodies to data stored on the cloud and data that has passed through/is stored on foreign networks/servers.

For more details visit https://cis-india.org/internet-governance/blog/open-letter-members-european-parliament-civil-liberties-justice-home-affairs-committee

Open letter to Kolaveri Di makers: How Dare You!

nishant — 2012-05-23T07:02:03Z

When it comes to piracy, you are sure to have an opinion. You might either make a virtue out of it, talking about cultural commons and collaborative conditions of production. Or you might vilify it as the social fault-line that is destroying the very pillars of commerce and cultural negotiations.

This article by Nishant Shah was published in First Post on May 22, 2012.

No matter which part of the fault-line you fall under, this is the time for all good (and otherwise ambiguously identified) people to come to the aid of the party. This is an open call for anybody who has been on the interwebz, to share and distribute one particular object whose rights protector have recently taken your right to access countless platforms which are a part of your everyday life online.

If you haven’t yet grasped it, I am referring to the recent events where, following a John Doe order from the High Court of Chennai, all kinds of file sharing platforms are suddenly being blocked by Internet Service Providers (ISPs) across India.

The film producers of ‘3’, the movie whose claim to fame has been the spectacular viral success of the Kolaveri Di song, have moved the courts to issue a blanket order that has suddenly made it impossible for Indian netizens to access file sharing, user-generated-content hosting websites which allowed for digital cultural texts – from print to music to movies to presentations – to be shared and disseminated freely online.

The producers and those who support them, are glorying in this legal battle where they have identified nodes in our networks, through which their copyright information was potentially being pirated. They are hoping that by ensuring this lack of digital mobility for their film, they will be able to entice audiences to come into the theatres and spend their money ‘legitimately’ on the film.

They are revelling in the fact that hundreds of thousands of users have been thwarted in their attempts at copyright infringement. What they haven’t realised is that they have justified their box-office greed by infringing on your and my rights to perform everyday activities online.

I am sure there is going to be a smart-aleck riding a moral high horse, who will applaud this move and point out to me about the rights of the producers to protect their content. There are many who support this high-censorship which not only betrays the power of the Music And Film Industry Association (MAFIA, to friends) to curb us of our rights, but also the completely depraved technology apparatus of the State which seems to have no understanding of how the internet actually works.

However, i want to shift the focus from the rights of these victimised producers and right-holders to the right of the individual who is actually the structural unit of cyberspaces. And I want to suggest to you that these right-holders, who incidentally, have such global value only because the Kolaveri Di song put them on the global meme map, have now infringed upon my right to access my content which I had put out to share.

There are open content videos on Vimeo that we have produced through years of research and a huge amount of financial investment, which are now no longer available to people who want to view them.

There are powerpoint presentations and publications on file sharing sites, seeded through torrents, which are now impossible to access for people in India. A large amount of our personal research and lectures, which we have shared for educational purposes, are now not even available for us to download.

And we are not alone in this. Hundreds of thousands of individuals, who have shared openly licensed material, have now lost the ability to access that information because one private company wanted to make sure it made its profits.

I am not going to write a manifesto for the digital world, but I do want to put it out there, this new cultural MAFIA, grant to me my rights which their actions have violated. For every site that they have included in their banned list, they have disrespected the open, collaborative licenses that enabled sharing of information whose value, usage and worth is more than their commercial pot boiler, which shall hopefully be forgotten before we realise it was released in the markets.

Their commercially driven arrogance has suddenly demanded that we pay a price for the shared information, and that price should be to those who hold rights over the movie.

And so I am writing this open call, for you to come and demand your right. If that movie producer has the right to protect his interests, you and I have the right to protect ours. I demand that for every site that I am not able to access, for public domain information that I am entitled to, they pay us a penalty.

For more details visit https://cis-india.org/internet-governance/open-letter-to-kolaveri-di

Open letter to Hillary Clinton on Internet Freedom

sunil — 2012-09-04T08:28:02Z

Last month I wrote an open letter to Hillary Clinton. It was based on a presentation I that I made during a panel discussion at a Google sponsored conference titled Internet at Liberty 2012 in Washington DC on May 24, 2012.

Sunil Abraham's article was published in Thinking Aloud on July 17, 2012

The question that my panel tried to grapple with was "In a world where nearly nine out of ten Internet users are not American, what is the responsibility of United States institutions in promoting internet freedom?" My co-panelists were Cynthia Wong who is with the Centre for Democracy and Technology, Mohamed El Dahshan a writer and journalist, Dunja Mijatovic the OSCE Representative on Freedom of the Media.

Internet freedom is a curious subject. It is a technology specific liberty - for a moment consider television freedom. The US has more Muslims than India has Christians. But Indian television in the average hotel comes in hundreds and there are at least 3 channels of Christian preaching. But US television in hotels is usually less than 50 channels with no channels of Islamic preaching. In fact even the reception of secular channels from the Islamic World like Al Jazeera is still difficult in America. Can we accuse the US of not having television freedom since their television features Christian evangelists but not Muslim evangelists? Should it be part of India's foreign policy to evangelize television freedom given that there is a large domestic industry with clear international potential?

In an ideal world - citizens will possess technology-neutral freedom to communication and expression. But nothing can be farther from the truth. Communication technologies are regulated using a plethora of policies and practices and very often these have a chilling effect on freedoms.

The following is my response to the technology-specific demands for deregulation from the US Government.

Text of the Open Letter[2]

Recognise Access to Knowledge (A2K) as pre-condition for freedom of expression: There is no difference between aggressive enforcement of imbalanced and obsolete intellectual property laws and censorship. The need of the moment is not more enforcement to protect obsolete business models against the everyday practices of ordinary netizens but rather the reform of intellectual property law (levies, broader exceptions and limitations, pools, statutory and compulsory licenses, prizes etc.) to keep pace with innovations in technology and the production of knowledge and culture.

Recognise privacy as pre-condition for security: The alleged tension between privacy and security is a false dichotomy. Blanket surveillance by design compromises security. Surveillance is like salt in cooking — essential in very small quantities but dangerous even if slightly in excess. Blanket surveillance technologies are only going make things easier for — and will only serve as targets for — current and future online villains.

Don't lose the moral high-ground: Remember, with great power comes great responsibility. Other countries are waiting to cherry pick from your worst practices. Also don't use trade agreements to selectively export components of US policy without the accompanying safeguards for civil liberties and rights. Citizens in oppressive and authoritarian states are depending on the US government, courts and civil society to protect their rights online. Don't undermine their capacity to shame their governments by holding up the US as the example of 'how to get things right'. They urgently need the US government to lead by example.

Recognise that freedom of expression has become a trade issue: This is unfortunate but this is true — thanks to the precedent set by the developed world when it came to asymmetric trade negotiations. Just as the US is interested in protecting the interests of its corporations in global markets — other governments are keen protect the interests of their own corporations. The optimal solution in this case is where all countries and corporations are equally unsatisfied. This will remain a continuing discussion.

Address developing country anxieties around critical internet infrastructure: Security by obscurity will no longer do — security by transparency through open standards, technologies and governance is the only way to fears and build a trust-worthy and secure Internet for all of us. For example, there is urgent need to develop standards for supply chain audits of information infrastructure. The US has dealt with the fear of back doors by banning the use of hardware and software from countries it does not trust. The developing world is not sure if there are back-doors in hardware and software manufactured by US corporations.

Time has comes to address this and other related anxieties.

Appreciate diversity in nomenclature: 'Freedom' and 'liberty' may be appropriate terms to use in the United States of America. But openness may be more in countries that are not yet full and robust liberal democracies. The Internet Governance Forum for example uses 'openness' instead of 'freedom'. Openness is also preferred because it includes 'freedom of expression', 'freedom of information' (also known as right to information, access to information or public and 'free knowledge' (free software, open standards, open content, open access, open data, open educational resources, etc.)

Don't be too instrumental in your interventions: Don't undermine the local credibility of like-minded civil society, think-tanks and research organisations by being too directive in your support. Managerialism will undermine reform of policies and practices in information societies and so does inappropriate/premature monitoring and evaluation (for example, looking for explicit attribution in terms of casual connections between your actions and outcomes). There is a need to support greater reflexivity in the global information society by developing institutional capacity in developing countries through unrestricted funding. True critical thinking is the foundation of both scientific progress and open societies. Go out of your way to find and support those who disagree with you. Protect the plural foundation of our networked society!

Video

Sunil Abraham was a speaker along with Cynthia Wong, Mohamed El Dahshan and Dunja Mijatovic in Plenary IV Debate 3 at the Internet at Liberty 2012 event organised by Google on May 24, 2012.

View the video on YouTube

For more details visit https://cis-india.org/internet-governance/open-letter-to-hillary-clinton

Open letter from CIS to PM Modi on Intellectual Property Rights issues on his Visit to US

praskrishna — 2015-09-24T02:48:32Z

Centre for Internet and Society, through its Policy Director Mr. Pranesh Prakash and Programme Officer Nehaa Chaudhari has addressed an open letter to Prime Minister Narendra Modi on the intellectual property right issues concerning his visit to the United State of America in September, 2015.

The article by Apoorva Mandhani was published by LiveLaw on September 23, 2015. CIS Open Letter here.

The letter makes a two-fold request: first, that the Government of the USA be requested to ratify the Marrakesh Treaty for visually impaired persons and second, that the Indian Government should not enter into any negotiations around the Trans-Pacific Partnership trade agreement.

The letter relies on the statistics released by the World Blind Union, according to which 90% of all published material is not accessible to blind or print disabled people. The severity of the ‘book famine’, it says, was highlighted by India in its Closing Statement at the Diplomatic Conference convened to conclude the Marrakesh Treaty.

India was the first country to ratify the Marrakesh Treaty in June, 2014. However, the Marrakesh Treaty will come into effect only after 20 Member States have ratified it or acceded to it. As per information available from the World Intellectual Property Organization, only 9 countries have ratified or acceded to the treaty and USA is not one of it. The letter therefore requests Mr. Modi to request USA ratify the Marrakesh Treaty at the earliest.

It says, “The USA is home to some of the largest publishers of both academic and other/leisure material including Penguin Random House, Harper Collins, John Wiley & Sons, the RELX Group, McGraw-Hill Education, Scholastic and Cengage Learning to name a few. It accounts for a large volume of the world’s book and other print material export. The active participation of the USA through the ratification of the Marrakesh treaty is critical if the treaty is to be truly effective.”

With regard to the Trans-Pacific Partnership trade agreement, the letter communicates its concern regarding the secrecy of negotiations as well as the content of the chapter on intellectual property in the TPP.

Provisions sought to be imposed through the TPP mandate the inclusion of TRIPS plus provisions in national laws, envisage possible extensions in term of protection on patents, restrict copyright exceptions and limitations, extend copyright protection terms and impose a higher liability on intermediaries. All these provisions, it says, “would be disastrous for an emerging economy such as India’s, which is a heavy user of intellectual property and not a heavy producer of the same.”

Highlighting CIS’s concerns, the letter requests that any engagement in TPP negotiations be preceded by national consultations on the same, soliciting input from various stakeholders with diverging interests, including academia, civil society, industry associations, large Indian corporations, small and medium enterprises and multi- national corporations, rights holders associations and other interest groups.

For more details visit https://cis-india.org/a2k/news/live-law-apoorva-mandhani-september-23-2015-open-letter-from-cis-to-pm-modi-on-intellectual-property-rights-issues-on-his-visit-to-us

Open Knowledge Festival 2014

praskrishna — 2014-07-28T10:17:38Z

Subhashish Panigrahi represented India as the India Ambassador of OpenGLAM local in Berlin. The event was organized by Google, Omidyar, et.al., in Berlin from July 15 to 17, 2014.

Click to read the details on the website here. See the official programme here. Download Subhashish's presentation at this page.

Subhashish presented on the following:

Situation in India

Wikimedia India chapter and WMF's India program working on first India GLAM project
Good traction of image contribution through Wiki Loves Monuments photo contest
Mass communication and other media institutes slowly taking interest in open audio library
Digitization is a priority across government departments, with funding available
Majority of GLAMs lack knowledge about open culture, need for outreach
Relicensing and book digitization have gained public interest
Goals of the survey
Data
Mapping the sector
Encourage institutions to think beyond their digital strategy
Show institutions what is there for them

What we have done so far

Started filing Right to Information (RT) asking state government departments for lists of institutions
Reached out to WMIN (Wikimedia India chapter) for help in creating a list
Difficulty with getting people and contact details

Collaborative Presentation

OKFest2014 glam-survey_workshop_20140717 from Beat Estermann

For more details visit https://cis-india.org/news/ok-festival-2014

Open Knowledge Day at Mysore

praskrishna — 2014-07-14T09:41:39Z

Mysore University along with the Centre for Internet and Society's Access to Knowledge (CIS-A2K) team invites you to an Open Knowledge Day at the University of Mysore on July 15, 2014.

We signed a memorandum of understanding (MoU) with the University of Mysore earlier this year in January to re-release the first six volumes of their Kannada encyclopaedia under Creative Commons (CC) license.

CIS-A2K facilitated extracting the legacy text from the soft-copies, converting them to Unicode, distributing the files among volunteers and Christ University interns and uploading them to Kannada Wikisource. So far about 1200 articles have been added. These articles will feed to articles in Kannada Wikipedia.

To commemorate this, the University of Mysore and CIS-A2K is organizing this event. This will also coincide with the Open Knowledge Festival happening at Berlin from July 15 to 17, 2014.

The invitation for the Mysore program given below:

For more details visit https://cis-india.org/openness/events/open-knowledge-day-mysore

Open Government Platform: An Open Source Solution to Democratizing Access to Information and Energizing Civic Engagement

Neeta Verma, Alka Mishra and D.P. Mishra — 2012-11-19T03:15:01Z

If government could release these datasets in open format for people to use & reuse, a whole lot of new innovative apps could be built around these datasets to provide better, customized services to citizens.

This article by Neeta Verma, Alka Mishra and D.P. Mishra was published as a lead story in the July 2012 edition of Informatics Magazine, printed by the National Informatics Centre.

Online publishing of Government data in open format shall play an important role in enhancing transparency and accountability of the government. It shall enable new forms of citizen engagement & innovation in citizen service delivery. More customized & personalized services could be offered to citizens. When implemented at large scale it shall bring a paradigm shift in development of e-governance applications. At NIC we have recently developed an Open Government Platform (OGPL) to enable government ministries & departments to launch their open data initiative.

Conceptual Overview

OGPL as a product caters to two sets of users - the government and the citizen/civil societies. It facilitates government departments to contribute their datasets, Apps, tools, documents, services etc., which gets validated and published, after passing through a predefined workflow to the citizen interfacing data portal. The single-point citizen interface is designed in such a way that catalogs can be searched with ease and datasets can be accessed/downloaded in various open formats. It also provides a platform for citizens and civil societies to engage with government on various aspects of socio economic development.

OGPL also facilitates building of subject specific communities through Citizen engagement modules. Communities shall discuss online the kind of datasets, government should release and also what kind of apps should be developed around these datasets. This shall provide first hand information to government as well as developer communities on public demand and prioritize their schedules accordingly.

OGPL Components

OGPL essentially consists of three major modules:

Dataset Management System
Data Portal
Monitoring and Management
Dashboard

Dataset Management System

Dataset Management system or DMS shall be used by all contributing ministries, departments as well as organisations using which, authorized officers of the departments can contribute datasets, documents, services, tools and apps which shall then be processed through a predefined workflow of moderation & approval to ensure that datasets being released in public domain are in compliance with existing acts & policies of the government
concerning privacy, security etc.

Through DMS each Ministry/Department can contribute their datasets in the form containing a set of Standard Metadata elements. After passing through various stages of moderation and approvals, these datasets gets published on the data portal viz. data.gov.in

Data Portal

Data Portal is the citizen facing frontend of the OGPL which shall provide single point access to all the datasets, apps as well as services. Portal has a strong component of search, discovery as well as citizen engagement. The development of the data portal is in compliance with the Guidelines for Indian Government Websites (GIGW).

This Citizen interfacing Data Portal would also have a Communities component built into the system. This component facilitates Forums/Discussions around various datasets, apps available on the portal as well as platform to express and discuss the kind of datasets & apps they would like to have. This shall give first hand input to development community for building new components, apps. It shall also give input to departments as what kind of datasets are more useful and accordingly can raise the priority of their release.

Monitoring and Management Dashboard

Monitoring and management dashboard of OGPL helps government monitor & manage its Open Data Programme through three dimensions

Metrics, analytics & feedback from citizens: Metrics help understand amount of datasets uploaded, updated by different Departments. Frequency of upload is also available on a single dashboard.
Analytics module gives use perspective in terms of their usage of datasets, Number of downloads, aggregated ratings provided to datasets determine their value and to some extent quality of data released by government.
Feedback from citizens provide government with first hand input from citizens on quality, relevance of datasets, new datasets needed, kind of apps need to be developed, etc.

Open government platform can be used in multiple ways. One can directly publish their datasets after one time registration & authentication. Departments could build their subject specific catalogues through a cloud based services of OGPL. One can also ask for independent installation of OGPL with customized look & feel. OGPL can be used by any central or state government department, organisations as well as district and panchayat administrations. It can also be used by private organisations as well as non government organization and civil societies to bring in more
transparency in their functioning.

OGPL isn't simply about setting up a new web platform, moving to cloud computing or adopting open standards but it's about establishing a platform to enhance transparency, accountability & foster development of Innovative applications to better serve the citizens & other stakeholders. Open government data is gaining a lot of popularity & acceptance with governments across the world. Its led by government themselves, development communities, international organisations. OGPL is a perfect platform for them to launch their open data initiative.

Note by BK Gairola In India, National Data Sharing and Accessibility Policy (NDSAP) has been recently notified by the Government. According to this policy, all government departments shall release their datasets in open format for citizens and other stakeholders to freely use & reuse. To make these datasets easily accessible by citizens, policy has also mandated NIC to provide technology solution for establishing an Open Data Portal (http://data.gov.in) for Departments, Subordinate Offices and Organizations. OGPL implementation in India is being executed by NIC, DeitY in close coordination with DST. OGPL is an open source product with generic architecture, which would easily facilitate other organizations and institutions to adopt for their open data initiatives. Communities could also contribute further by developing innovative apps around datasets and also enhancing the product in terms of features & functionalities. The purpose of the platform is to enhance access and use of government data to foster innovation, promote transparency, accountability and public participation. I am sure it shall go a long way in democratizing the government information.

Indo-US Collaboration Open Government Platform (OGPL) was developed jointly by India & US government as a result of announcement made by President Obama and Prime Minister Manmohan Singh during the Indo-US Open Government Dialogue in 2010. OGPL leverages on the best practices & features of the India’s “India.gov.in” and the “Data.gov” of United States.National Informatics Centre (NIC) from Government of India and General Services Administration (GSA) of United States executed the development of OGPL. Open Government Platform, developed to promote access to government data and information and energize citizen engagement was launched by Hon’ble Minister of Communications & IT and HRD, Govt. of India during a press conference held on 30th March 2012 in New Delhi in presence of Dr. Sam Pitroda, Advisor to Prime Minister of India. Secretary(DEITY), DG(NIC) & Joint Secretary, MEA also participated in the press conference, Senior officers from US Government & US Embassy were also present along with GSA team in India. CIO, US Government along with Deputy CTO also addressed the event over video conference.

OGPL - An Open Source Solution Open Government Platform is completely developed using Open Source Stack. In fact complete management of the collaborative development of OGPL by two teams stationed in two continents of the world was also handled using open source tools.It complies with the best practices of open source development, which helps in leveraging the strengths of future versions of the open source base products used in development of OGPL. OGPL being an open source initiative not only facilitates cost saving in terms of software and licenses but also facilitates community participation in terms of further development of product with additional components and innovative apps around the published datasets. This shall define a paradigm shift in the manner electronic government applications shall be developed in future. The entire source code is made available to public for review, feedback and participation for further development and enhancement.

Citizen Engagement OGPL has a strong component of Citizen engagement. Citizens can view, download datasets as well express their opinion on the quality of datasets, they can rate the datasets on a scale of 1 to 5. One can embed a dataset in their blog or web site as well as contact the owner of the datasets for any query or clarification. One can also publish or connect the datasets on their social media pages such as facebook, twitter etc. for wider reach. Ratings given by citizen are transparently shared on the portal in terms of number of views, current star rating which help new visitor understand quality of data sets, its popularity. Portal also enables visitors to submit their ideas, feedbacks and as well suggest datasets they would like government to release in open domain. These ideas are further rated by citizens to help government allocate priority in release of data sets.

For more details visit https://cis-india.org/openness/blog-old/informatics-nic-in-neeta-verma-alka-mishra-d-p-mishra-july-2012-open-government-platform

Open Government Data

pranesh — 2012-07-16T12:42:33Z

The Transparency & Accountability Initiative published a book titled “Opening Government: A Guide to Best Practice in Transparency, Accountability and Civic Engagement across the Public Sector”. The Centre for Internet & Society contributed a chapter on Open Government Data.

Openness in relation to information on governmental functioning is a crucial component of democratic governance. There are few things more abhorrent to democracies than a lack of transparency in their functioning, and secrecy in public affairs is generally a sign of autocratic rule. Such transparency is the foundation for the seeking of accountability from those who exercise power over public policy issues and governmental functioning, including not only governments but also large corporations, trade unions, civil society organisations (CSOs), funding agencies and special interest groups. This information would also include all information on private bodies that can be accessed by public authorities.

Transparency helps citizens to independently evaluate governmental functioning and thus hold accountable any instances of corruption or mismanagement, whether at the level of policy formulation or at the level of implementation. Thus, the freedom of speech and expression and the right to receive information, which are seen as two sides of the same right under most international covenants, are both vitally important in ensuring transparent and accountable governance.

Making public information that is produced by the government is slightly different from merely making public information on governmental functioning. While many instances of the former are subsumed within the latter (e.g. information collected by the government), there are also areas where the two categories do not overlap. Openness with respect to government-produced information is part of the right of the public to access any output of taxpayer funding. Thus the category of ‘governmental information’ or ‘governmental data’ can be taken to include information about the government and governmental functioning, as well as information collected and produced by the government.

In addition, there can be two related but independent grounds on which the right of the public to governmental information is often founded. The ‘open government data’ movement – it is now a demand cutting across multiple nations and deserves to be so called – is predicated upon there being a certain degree of transparency in public functioning, notably through the existence of ‘right to information’ or ‘freedom of information’ statutes. Specifically, the open data movement generally understands the public’s right to information to include (1) the proactive disclosure of information; (2) the internet being the primary medium for such disclosure; (3) information being made available for access and for re-use free of charge and; (4) information being made available in a machine-readable format to enable computer-based re-use.

As it would be meaningless to demand the additional components that go to make ‘open government data’ in an environment where the basic right to information does not exist, all recommendations here (including initial steps) presume that such a right exists.

Initial steps

Goal
A commitment by the government to provide proactive disclosure of existing digital data on the web.

Justification
Most governments already rely on computers at least for information storage at most levels even if they often perform information processing and sharing (i.e. conduct governmental transactions whether government-government, government business, or government-civil society) offline. This information that already exists in a digital form – quite often in the form of text documents and spread sheets – can and should be made public, based on a narrow negative blacklist. This blacklist should have a list of categories of information that should not be made available because of a narrow set of concerns such as privacy and properly classified state secrets. While this will undoubtedly result in the haphazard release of files that may be difficult to comprehend or use effectively, this is not a reason for keeping data offline and out of public reach. Once a process has been initiated of continually putting data up online, the data and the process can themselves be bettered through more elaborate technological and process-related improvements. Proactive disclosure steps can and should be taken even without the implementation of a robust procedural back-end
for information gathering, processing and sharing along with the technology that enables it. While such robust information architecture and back-end infrastructure is certainly desirable, it is not necessary for the immediate online release of files that are already in digital format.

Recommendations

The government should create a minimal front-facing infrastructure, in terms of both technology (namely, a website) and human resources (people who are tasked with the responsibility of uploading governmental records, documents, reports and other information).
A negative list of information that may not be shared should be drawn up by each public authority so that all other material can be made publicly available immediately, keeping in mind the more general guidelines that exist in national and sub-national policies and laws on the right to information.
A timeline should be put in place to ensure that proactive disclosure of existing government information continues to happen on a regular basis, until more rigorous steps are taken towards open government data.

More substantial steps

Goal
All government data is made available, in a form that ensures ease of use and reuse.

Justification
Making government data available online is just the first basic step. All information released requires a proper underpinning in informational policy and technological support to realise full transparency, citizen participation and full social and economic value. Governments should use smarter technologies to ensure that the policy commitment to open government data can be realised in practice. In particular, searchability in the system greatly helps to ensure accessibility for persons with disabilities. Such searchability is often easy when it comes to text, but ends up being more complicated in other areas. For this reason, some of the suggestions on this have been kept for the next section (on proposals for most ambitious steps).

Recommendations

Policy and process

An information policy should be formulated that deals comprehensively with best practices with regard to information collection, storage, retrieval and management at the national level, and that allows for the adoption of that policy either with modification or directly by sub-national governments.
- Part of this policy must ensure that most new information is either created in a digital form, or is digitised from paper as soon as is practicable, and that later transactions of this information happen, as far as possible, over electronic modes of communication.
- This policy must also ensure that as much as electronic receipt of governmental information is seen as a right of citizens, so is non-electronic receipt.
A technological policy should be formulated that mandates the use of open standards in all e-governance to promote interoperability and prevent vendor lock-in, with only temporary and limited exceptions.
- This must be accompanied by a document on technological architecture (whether called an e-governance interoperability framework (e-GIF) policy, or a national enterprise architecture (NEA)) that lays down the broad parameters of the technology framework to enable the information architecture policy, including the metadata standards.
The ability to reuse the published data must be guaranteed as part of a public sector information/open government data policy. This is crucial to enable journalists, CSOs and others.
All information must be provided free of cost at least in cases where:
- The government is not monetising the data, nor has plans to do so; or
- The data is for use by individuals and small and medium enterprises; or
- The data is available without any special fees under right to information/freedom of information statutes.

Technology

All public authorities must be made to ensure that they use open standards, such as Unicode, prescribed in the e-GIF/ NEA. In addition, their data processing and publishing processes must comply with those laid out in these architectural documents.
Sector-specific and use-specific metadata must be included in all files and objects made available to the public, so that when they use the services to retrieve objects they can make sense of the objects and manipulate them appropriately.
This metadata must be standardised, as this is a crucial requirement to enable easy categorisation and searching of information. An important part of searching through the data is also searching through the full contents of the datasets.

Most ambitious steps

Goal
To translate the publishing of open governmental data into better data via input from the public.

Justification
Public outreach and citizen-oriented tools are crucial to ensuring a vibrant online and offline public sphere where government data are used and discussed and a feedback loop is created, rather than this being a mere data dump. Using service-oriented architecture will help in ensuring platform independence, better scalability, greater code reuse, higher availability of services, parallel development of different components and many other benefits in terms of provision of data for governments. A robust service-oriented architecture will enable citizens to be treated as yet another client asking for information, and will enable useful application programming interfaces (APIs) to be built that will allow for easy access for power users to the data.

Integration with social media is a must, because it allows governments to reach vast networks of people at once and defray costs. Such integration will allow governments to go where many citizens are, rather than trying to get the citizens to come to them. However, care must be taken to ensure that such integration is done with adequate safeguards for privacy, long-term archival capability and data portability.

Recommendations

Policy and process

The pro-elite bias that is often inherent in online technologies must be actively neutralised through policy. Such a policy must be designed to ensure that there is no elitist capture of the benefits of open government data, and that there is active promotion of ‘offline translation’ of data, especially in technologically divided countries where the gap between those who have access to technology and those who do not is wide.
Governments must allow for correction of data by the public.
Offline translation of data must be facilitated, especially in technologically poorer countries.

Technology

Documents should be structured with semantic mark-up, which allows for intelligent querying of the content of the document itself. Before settling upon a domestic usagespecific semantic mark-up schema, well-established XML schemas should be examined for their suitability and should be used wherever appropriate.
Multiple forms of access must be provided to the data, and it must be made available interactively through the web for non-technical users. For more advanced users, the data must be available for bulk downloads, and it should also be accessible through well-documented open APIs.
There should be a single-point portal (similar to the UK’s Data.gov.uk) to provide access to different public authorities’ data.
All data should be Cloud-based to the extent that it ensures lower overheads for the government.

Download the full report (PDF, 440 Kb)

For more details visit https://cis-india.org/openness/open-government-data-commitments-best-practices

Open Governance and Privacy in a Post-Snowden World : Webinar

vanya — 2015-10-04T11:09:12Z

On 10th September 2015, the OGP Support Unit, the Open Government Guide, and the World Bank held a webinar on “Open Governance and Privacy in a Post-Snowden World” presented by Carly Nyst, Independent consultant and former Legal Director of Privacy International and Javier Ruiz, Policy Director of Open Rights Group. This is a summary of the key issues that were discussed by the speakers and the participants.

See Open Governance and Privacy in a Post-Snowden World

Summary

The webinar discussed how Government surveillance has become an important and key issue in the 21^st century, thanks to Edward Snowden. The main concern raised was with respect to what a democracy should look like in the present day. Should the states’ use of technology enable state surveillance or an open government? Typically, there is a balance that must be achieved between the privacy of an individual and the security of the state – particularly as the former is primarily about social rights and collective interest of citizens.

At the international level, the right to privacy has been recognized as a basic human right and an enabler of other individual freedoms. This right encapsulates protection of personal data where citizens have the authority to choose whether to share or reveal their personal data or not. Due to technological advancement that has enabled collection, storage and sharing of personal data, the right to privacy and data protection frameworks have become of utmost importance and relevance with regard to open government efforts. Therefore, it is important for Governments to be transparent in handling sensitive data that they collect and use.

Many countries have also introduced laws to balance the right to privacy and right to information. The role of the private sector and NGOs involved in enabling an open and transparent government must also be duly addressed at a national level.

Key Questions:

Why should the government release information?

There are multiple reasons for doing so including:

For the purposes of research and public policy (which relates to healthcare, social issues, economics, national statistics, census, etc.)

Transparency and accountability (politicians, registers, public expenses, subsidies, fraud, court records, education)

Public participation and public services (budgets, anti-corruption, engagement, and e-governance).

However, all these have certain risks and privacy implications:

Risk of identification of individual: Any individual whose information is released has the risk of identification, followed by issues like identity theft, discrimination, stigmatization or repression. Normally, the solution for this would be anonymization of the data; however, this is not an absolute solution. Privacy laws can generally cope with such risks, but with pseudonymous data it becomes difficult in preventing identification.
Profiling of social categories which can lead to discrimination: In such a situation, policies and other legislations regulating the use of data and providing remedy for violations can help.
Exploitation and unfair/unethical use of information: When understanding the potential exploitation of information it is useful to consider who is going to benefit from the release of information. For example, in UK, with respect to release of Health Data, the main concern is that people and companies will benefit commercially from the information released, despite of the result potentially being improved drugs and treatment.

What are the Solutions?

The webinar also discussed potential solutions to the questions and challenges posed. For example, when commitments of Open Government Data Partnership are considered, privacy legislations must also be proposed. Further, key stakeholders must make commitments to take pro-active measures to reduce informational asymmetries between the state and citizens. To reduce the risks, measures must be taken to publish what information the State has or what the Government knows about the citizens. For example, in UK, within the civil society network, it is being duly considered in the national plan that the government will publicize how it will share data and have a centralized view on the process of information handling and usage of the data.

The Open Government Guide provides for Illustrative Commitments like enactment of data protection legislation, establishing programmes for awareness and assessment of their impact, giving citizens control of their personal information and the right to redress when that information is misused, etc.

Surveillance

The issue of surveillance and the role of privacy in an open government context was also discussed. The need for creating a balance between the legitimate interest of national security and the privacy of individuals was emphasized. With the rise of digital technologies, many governmental measures pertaining to surveillance intervene in individual privacy. There are many forms of surveillance and this has serious privacy implications, especially in developing countries. For example:

Communications surveillance
Visual surveillance
Travel surveillance

This raises the question: When is surveillance legitimate and when must it be allowed?

The International Principles on the Application of Human Rights to Communications Surveillance acts as a soft law and tries to set out what a good surveillance system looks like by ensuring that governments are in compliance with international human rights law.

In essence surveillance does not violate privacy, however, there must be a clear and foreseeable legal framework laying circumstances when the government has the power to collect data and when individuals might be able to foresee when they might be under surveillance.

Also, a competent judicial authority must be established to oversee surveillance and keep a check on executive power by placing restrictions on privacy invasions. The actions of the government must be proportionate and the benefits must not outweigh harm caused by surveillance.

Role of openness in a “mass surveillance” state

Surveillance measures that are being undertaken by governments are increasingly secretive. The European court of Human Rights has held that Secret surveillance may undermine democracy under the cloak of protecting it. Hence, open government and openness will work towards protecting privacy and not undermining it.

To balance the measure of government surveillance with privacy, there is a need to publish laws regulating such powers; publish transparency reports about surveillance, interception and access to communications data; reform legislations relating to surveillance by state agencies to ensure it complies with human rights and establish safeguards to ensure that new technologies used for surveillance and interception respect the right to privacy.

Conclusion

The conclusion one can draw is that Privacy concerns have gained importance in today’s data driven world. The main question that needs to be answered is whether Government’s should adopt surveillance measures or adopt an Open Government?

Considering equal importance of national security and privacy of individuals, it is required that a balance must be crafted between the two. This could be possibly done by enacting foreseeable and clear laws outlining scope of surveillance by the Government on one hand, and informing citizens about such measures on the other. Establishment of a competent judicial authority to keep a check on Government actions is also suggested to work out the delicate balance between surveillance and privacy.

For more details visit https://cis-india.org/internet-governance/blog/open-governance-and-privacy-in-a-post-snowden-world-webinar

Open Equitable Access (PDF)

praskrishna — 2011-08-23T02:42:17Z

file

For more details visit https://cis-india.org/openness/publications/open-equitable-access

Open Education Week: Interview with Subhashish Panigrahi

noopur — 2014-04-04T09:20:49Z

Noopur Raval interviewed Subhashish Panigrahi from the Centre for Internet and Society's Access to Knowledge team about sharing information resources and attribution in academia.

Subhashish Panigrahi works as a Programme Officer for Community and Program Support, Access To Knowledge (A2K) for Centre for Internet and Society. Supported by a grant from the Wikimedia Foundation, the Access to Knowledge program promotes participation in Indian language Wikipedia projects. As a part of his role, Subhashish interacts with school and university students from different parts of India regularly. In this interview, he reflects on how students are aware (or not) of attribution.

Read the original published on Commons Machinery website here.

What is the general trend around sharing information resources and attribution among students and teachers?
It is funny to know most students I have spoken to rely on photocopied notes provided by their teachers and try to keep the writing style and sentence structure same as the notes. They don’t know that copying answers or quotes amounts to plagiarism. It is the same for many teachers who teach them to keep the beauty of the author’s writing without modifying it. Also, when I visit universities and interact with professors and students, most consider Google and Wikipedia their best friends, primarily for the quick access to information and imagery. I get a lot of questions about the proper procedure of inserting images that appear in Google search in Wikipedia entries. Many student projects are focused on getting the best pictures available on the internet which means they may download copyrighted images (with watermarks) and modify them. With music and video, it is even worse.

Does the current situation become problematic when you encourage students to contribute to Wikipedia?
It often does. For instance, when we initiated the India Education Program (IEP), as a part of Wikipedia Education Program (WEP), to include editing Wikipedia articles as part of academic curricula. Started in 2011 as a pilot program in the city of Pune, IEP engaged with over 1000 students on English Wikipedia. But the lack of education about copyright violation, and a habit of copying notes from books and other sources affected the program outcome. Many articles were copied from books and internet portals without even paraphrasing, which is completely against Wikipedia policies.

What could be the possible reasons for the lack of basic awareness about how to share information among these students?
Self-taught knowledge about the Internet and the idea of the Internet as a place with few restrictions could be a few of the reasons for these problems. Frequently, social media platforms do not have barriers to downloading and sharing content produced by people in your network. With mobile devices, all incoming content is downloaded and stored on your phone. Often, people crop incoming images or modify them and share them in small networks. Although they do it in good faith, information keeps getting reused very rapidly without any credits or metadata.For a new media educator like me, it is easy to explain why and how to contribute to Open Knowledge projects like Wikipedia…but attribution, and why appropriate attribution is crucial to information sharing, are very difficult things to teach. Most students feel like it is not really important to attribute correctly as long as you are not using it for profit or with bad intentions.

How do you deal with it individually and as a part of the A2K team?

It is crucial for educators, academics and everyone else to include education about Copyright and Copyleft in their syllabus so that students and faculty alike can know how not to violate copyright. At the same time, I think schools and universities are a great place to educate students about Open Access journals and the entire culture of knowledge producing/sharing beyond commercial gains.I often cite the example of one of my pictures that got featured in many international magazines and newspapers including The Conservation magazine and The Huffington post, which would not have happened if I hadn’t let the copyright go. I tell students that the biggest perk of contributing works in Creative Commons licenses is having a wide audience, especially young people. People release published information in free licensing when they hear about the opportunity to get enormously popular.

Similarly, BBC and Al-Jazeera have set great examples of mass donating imagery and video footage under CC. In one of our recent collaborations at the A2K program, the Goa University, on our request, changed terms of their licenses for a Konkani language Encyclopedia to Creative Commons license that has brought many volunteers to digitize and enrich the Konkani Wikipedia.

For more details visit https://cis-india.org/openness/blog-old/commons-machinery-march-14-2014-noopur-raval-open-education-week-interview-with-subhashish-panigrahi

Open Debate

pranesh — 2011-04-02T14:34:00Z

Deepa Kurup's article in Frontline on the battle over open standards in e-governance.

Original report in Frontline.

Open Debate

With substantial public funding committed to e-governance projects, the issue of technological standards generates much heat.

by Deepa Kurup
(from Volume 26, Issue 23, dated November 07-20, 2009)

THE information technology (IT) industry in India is bitterly divided over the issue of technological standards to be adopted in e-governance processes. This problem stems from the fact that large, state-funded e-governance projects in the pipeline present the recession-hit IT sector with substantial business opportunities.

With the guidelines for setting these standards being finalised by the Department of Information Technology (DIT) under the National Policy on Open Standards for E-Governance, the debate on the nature of the standards – critical to the effective delivery of public e-services – is hotting up. Intense lobbying is on by those in favour of proprietary standards and by the Free and Open Source Software (FOSS) movement, which is against it.

When the draft policy was tabled at the meeting of the apex committee of standards for e-governance in June, the National Association of Software and Service Companies (NASSCOM) and the Manufacturers’ Association for Information Technology (MAIT) pushed for two modifications to it: the replacement of open and free standards with royalty-based ones, and allowing multiple standards in the same technological domain.

The FOSS community and open source technology firms have opposed these demands strongly. Fosscomm, a FOSS community network, wrote to the DIT seeking the withdrawal of both clauses. Leading open source technology firms such as Sun Microsystems, IBM and Red Hat have pointed out that the NASSCOM-MAIT position is at divergence with theirs and, therefore, does not reflect a unified “industry” perspective.

The DIT, which made public the first draft of the policy in June 2008, has not placed subsequent drafts for public review. Fosscomm has protested against the “unparticipatory nature” of this policymaking process, which has considerable public-interest implications, not to mention an outlay of over Rs.5,000 crore for 27 national e-governance projects.

The FOSS community believes that for a standard to be truly open, its specifications must be unconditionally accessible and royalty-free in perpetuity. This includes associated patents and extensions. NASSCOM, on the other hand, has sought standards that are open but tied to royalties, on what in policy parlance is called RAND (reasonable and non-discriminatory) licensing terms.

However, RAND standards are inextricably linked to intellectual property right (IPR) regimes. The government may have to pay royalties to patent holders throughout the lifetime of the standards. Further, the FOSS community argues that “reasonable/non-discriminatory” is a loose term that can be interpreted to the advantage of the patent holder. And with licence confidentiality being what it is, violations will be hard to monitor, it feels.

Prabir Purkayastha of the Delhi Science Forum believes that the policy, if implemented in its current form, will create an “anomalous position” for the government. “That would imply that India still does not legally recognise software patents, yet is willing to accept patent protection in its standards.”

Standards diluted

The first draft of the policy unambiguously states that the open standard chosen must be royalty-free for its lifetime, but subsequent drafts allowed for RAND terms to be invoked in the absence of an existing open standard. This loophole, FOSS supporters fear, may allow powerful lobbies to hijack these standards in a non-transparent environment inside committee rooms.

If, as the proprietary camp wishes, open standards are redefined as RAND exclusively, a substantial portion of the taxpayers’ money will go towards royalties and software monopolies will be entrenched into this growing segment.

Leading Indian IT companies have supported proprietary software; this was evident from the debate on India’s vote at the International Standards Organisation (ISO) on the Open Document Format versus Microsoft’s OOXML controversy.

Open standards

“If we do not pay for using weights and measures in the physical world, why should we in the digital world?” asks Venkatesh Hariharan, corporate affairs director, Red Hat. “It’s a trap. Proprietary formats are controlled by monopolistic outfits that drive adoption of a technology, file a thicket of patents, and litigate if royalties aren’t paid.”

The Internet, built on several open standards, is the best example of how open standards form the basis of major technological innovations. It allows for a level playing field, particularly in developing economies. By framing a purely open standards policy, India can show the way for the developing world.

Developed countries (such as those of the European Union) are moving towards mandating open standards in government departments, processes and interactions. However, it is developing countries that stand to gain most from open standards. “Proprietary standards place a larger burden on developing economies than developed as they have a greater need to participate in the global network by using standards, but do have lesser capabilities than developed economies in terms of paying for royalties,” writes Pranesh Prakash, Centre for Internet and Society, in his letter to the DIT. The “industry view” is not in the interests of small- and medium-size enterprises.

An Indian case study of how open standards can cut costs, foster monopoly-free competition and provide interoperability is the Smart Card Operating System for Transport Applications (SCOSTA). A standard for smart card-based driving licences and vehicle registration projects handled by different State governments, SCOSTA was developed by the National Informatics Centre with help from the Indian Institute of Technology, Kanpur.

The number of vendors providing cards and card readers increased after an open standard was adopted and specifications were made freely available on a website.

While four foreign companies were marketing smart cards earlier, over a dozen Indian companies are doing the same now, according to a United Nations Development Programme report on e-government interoperability. More significantly, IPR rents dropped and the market price of a card came down from Rs.300 to Rs.30.

On the second issue – that of allowing multiple standards in a single technological domain – the policy allows adopting additional standards “in national interest”.

Multiple standards

Public data, like land records, lie at the core of every e-governance process; multiple standards create interoperability issues and increase the cost of conversion from one format to another. In fact, if a standard is truly open, and hence developed in a participative manner, it will automatically grow to incorporate any reasonable requirement of the community.

Although this tussle appears to be restricted to the e-governance space, much more is really at stake. In a developing economy such as India, open and royalty-free technological standards are critical because they enable domestic industries to grow and compete in a fair and monopoly-free market. And, by enabling access to technology, they foster an innovation-friendly environment.

For more details visit https://cis-india.org/news/open-debate

Open Data in Cultural Heritage – OpenGLAM in Germany

praskrishna — 2014-07-28T09:49:50Z

Subhashish Panigrahi took part in this event as a member of the OpenGLAM Working Group.

Read the details on the OpenGLAM website here. Images from the event can be seen at https://commons.wikimedia.org/wiki/Category:OpenGLAM_2014

Are you working in a cultural heritage institution, or interested in opening up cultural heritage data for wider reuse? On the morning prior to the start of the Open Knowledge Festival, the OpenGLAM initiative, DM2E project, Open Knowledge Germany and Wikimedia Deutschland are organising a half day workshop on open cultural data, with a special focus on German cultural heritage institutions.

During the OpenGLAM workshop, we will investigate and discuss the possibilities and obstacles of opening up your cultural data as an institution. After a round of inspiring presentation from initiatives like Europeana, Wikidata, the German Digital Library and Coding da Vinci we will continue the discussion how to overcome the barriers to opening up data in the cultural heritage sector.

Finally, we will hear from the successful local OpenGLAM groups currently active in Switzerland and Finland, and kickstart a local OpenGLAM network for German memory institutions interested in open cultural content and open access. We invite everyone to join and help think about the focus points for such a German OpenGLAM group for the future, and look forward to start up a fruitful collaboration!

Programme

9.30: Welcome & introduction to OpenGLAM – Lieke Ploeger, Open Knowledge

9.40: Lightning talks on the value of open data for cultural heritage institutions

We opened up – now what? An analysis of the open data policy of the Rijksmuseum – Joris Pekel, Europeana
1 year in digital cultural heritage – what were the walls I ran into most often & how to tear them down – Stephan Bartholmei, Deutsche Digitale Bibliothek
Wikidata – Making your data available and useful for everyone – Lydia Pintscher, Wikimedia Deutschland
How to use cultural heritage data: Coding Da Vinci results – Helene Hahn, Open Knowledge Foundation Germany
Experiences from German GLAM projects / GLAM-Wiki-Kollaborationen in der Wissenschaft - Daniel Mietchen, Museum für Naturkunde, Berlin

10.30: Coffee Break

10.45: Debate on the current situation around openness in Germany

11.30: Forming a local German OpenGLAM group

With inspiring presentations of the OpenGLAM local groups from Switzerland & Finland

13.00: End

For more details visit https://cis-india.org/news/open-data-in-cultural-heritage

Open Data Hackathons are Great, but Address Privacy and License Concerns

sumandro — 2016-02-05T20:37:18Z

This is to cross-publish a blog post from DataMeet website regarding a letter shared with the organisers of Urban Hack 2015, Bangalore, in response to a set of privacy and license concerns identified and voiced during the hackathon by DataMeet members. Sumandro Chattapadhyay co-authored and co-signed the letter. The blog post is written by Nisha Thompson.

Hackathons are a source of confusion and frustration for us. DataMeet actively does not do them unless there is a very specific outcome the community wants like freeing a whole dataset or introducing open data to a new audience. We feel that they cause burn out, are not productive, and in general don't help create a healthy community of civic tech and open data enthusiasts.

That is not to say we feel others shouldn't do them, they are very good opportunities to spark discussion and introduce new audiences to problems in the social sector. DataKind and RHOK and numerous others host hackathons or variations of them regularly to stir the pot, bring new people into civic tech and they can be successful starts to long term connections and experiments. A lot of people in the DataMeet community participate and enjoy hackathons.

However, with great data access comes great responsibility. We always want to make sure that even if no output is achieved when a dataset is opened at least no harm should be done.

Last October an open data hackathon, Urban Hack, run by Hacker Earth, NASSCOM, XEROX, IBM and World Resource Institute India wanted to bring out open data and spark innovation in the transport and crime space by making datasets from Bangalore Metropolitan Transport Corporation (BMTC) and the Bangalore City Police available to work with. A DataMeet member (Srinivas Kodali) was participating, he is a huge transport data enthusiast and wanted to take a look at what is being made available.

In the morning shortly after it started I received a call from him that there is a dataset that was made available that seems to be violating privacy and data security. We contacted the organizers and they took it down, later we realized it was quite a sensitive dataset and a few hundred people had already downloaded it. We were also distressed that they had not clarified ownership of data, license of data, and had linked to sources like Open Bangalore without specifying licensing, which violated the license.

The organizers were quite noted and had been involved with hackathons before so it was a little distressing to see these mistakes being made. We were concerned that the government partners (who had not participated in these types of events before) were also being exposed to poor practices. As smart cities initiatives take over the Indian urban space, we began to realize that this is a mistake that shouldn't happen again.

Along with Centre for Internet and Society and Random Hacks of Kindness we sent the organizers, Bangalore City Police and BMTC a letter about the breach in protocol. We wanted to make sure everyone was aware of the issues and that measures were taken to not repeat these mistakes.

You can see the letter here:

We are very proud of the DataMeet community and Srinivas for bringing this violation to the attention of the organizers. As people who participate in hackathons and other data events it is imperative that privacy and security are kept in mind at all times. In a space like India where a lot of these concepts are new to institutions, like the Government, it is essential that we are always using opportunities not only to showcase the power of open data but also good practices for protecting privacy and ensuring security.

Originally posted on DataMeet website: http://datameet.org/2016/02/02/to-hack-or-not-to-hack/.

For more details visit https://cis-india.org/openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns

Open Data and Land Ownership - Environment Scan

sumandro — 2018-02-12T10:37:48Z

The State of Open Data is an ambitious research project reflecting on 10 years of action on open data and providing a critical review of the current state of the open data movement across a range of issues and thematic areas. This environment scan represents the first step in gathering information to support a review of the state of open data with regard to land ownership, and in refining the focus of a chapter. The lead author for this chapter is Sumandro Chattapadhyay.

Comments and suggestions: Environment Scan (Google Drive)

State of Open Data: Join the Investigation!

State of Open Data on Twitter: @stateofopendata

Issues

[Gap] Land Ownership data is mostly closed

Land Ownership data ranks as the least likely data to be available in an open format and under open license (across the world) among the fifteen types of data tracked by Global Open Data Index developed by Open Knowledge International. Similarly, the latest Global Report of the Open Data Barometer initiative of World Wide Web Foundation finds Land Ownership to be the least open of different categories of data that are essential for ensuring government accountability – only 1% of countries surveyed were found to open up Land Ownership data as opposed to 10% of countries opening up Budget data, and 11% of countries opening up Election Results data (http://opendatabarometer.org/4thedition/report/#table7). Both these findings indicate that Land Ownership data is among the most closed categories of data that are needed globally for ensuring accountability and transparency, as well as for tracking shifts in the distribution of national wealth.

[Gap] Global paucity of reliable information about cross-border investments in and shifts in ownership of land

While initiatives like Land Matrix have spearheaded greater availability of open data about global cross-border investments in land and resulting shifts in ownership patterns, researchers have pointed out the limited accuracy and methodological reflexivity in the production of such data sets, and highlighted the possibility of them representing "an instance of 'false precision'". A recent article in Financial Times notes that “[t]here is plenty of debate over the accuracy of this [open-source data of agricultural land sales]. Official data sources vary widely from country to country, while land deals themselves are notoriously opaque and fluid. Media reports about the leasing or buying of land often lack clairity."

[Progress] Collaborative and incremental development of extensive and intensive monitoring of openness of land ownership data across countries

There are several recent examples of collaborative efforts to better collect, organise, and recognise open land ownership data, which indicate at a growing momentum to address this critical weak link in the global open data agenda. Key initiatives include the GODI Fellowship established by Cadasta Foundation and Open Knowledge International, a focus on Land Use and Productivity Data as part of the Agricultural Open Data Package of the International Open Data Charter, and the work of Land Portal in the Mekong region to develop a common land information vocabulary, especially in a region marked by "its disparate languages and range of national priorities [and] the need to communicate effectively about complex land issues across borders and between individuals with different skill sets".

[Progress] Success of the Access Land campaign in California, USA:

"Access Land is a coalition of 50+ organizations committed to increasing access to our public land through open data. This summer, both the Federal Government and California State Parks released reservation contracts that require open data and plans to engage third party partners – redefining how the public accesses their land forever. Unlocking park data empowers entrepreneurs of all backgrounds to build unique applications that better connect the public to their land. By reaching a wider and more diverse demographic, visitation to our parks will rise, boosting revenue and ensuring the future relevance and sustainability of our public land. Open data is the key to inspiring the next generation of park supporters."

[Progress] HM Land Registry, Government of UK, publishing Commercial and Corporate Ownership Data and Overseas Companies Ownership Data for free

On November 7, 2017, the land records authority of UK (HM Land Registry) started free sharing of two of its land ownership data sets: the Commercial and Corporate Ownership Data and Overseas Companies Ownership Data, which "contain more than 3 million rows of data and include the address, company’s name, price paid and country of incorporation along with other useful information." The decision is expected to "support growth in the property technology (PropTech) sector and among small and medium-sized enterprises."

Who?: Stakeholders, networks, community

Cadasta Foundation

"Develops and promotes the use of simple digital tools and technology to help partners efficiently document, analyze, store, and share critical land and resource rights information. By creating an accessible digital record of land, housing and resource rights, we help empower individuals, organizations, communities, and governments with the information they need to make data-driven decisions and put vulnerable communities and their needs on the map… Cadasta is dedicated to working in such settings to help partners use simple, low-cost, high-tech tools to efficiently and effectively document their land and resource rights — incrementally strengthening their rights to land. This documentation creates an evidence base and advocacy case for vulnerable communities’ claims to the land. Such documentation can make it less likely that communities will be displaced and can serve to support demands for compensation should communities be displaced. We use and create versatile digital tools for a myriad of purposes from certifying sustainable agricultural production to creating a digital land registry that secures land rights for millions of people."

"Cadasta Foundation is developing an open platform, informed by the Social Tenure Domain Model, for documenting land and resource rights. Through the development of an ecosystem of partners, technology and data, the platform is designed to allow the direct capture and documenting of land rights through a global open platform that is secure, cost effective and transparent. The foundation’s perspective is informed by years of experience working with formal land administration processes and national-level land information systems, as well as working with volunteered geographic information to develop robust and upto-date datasets. At Cadasta, the focus is twofold – providing the repository and tools necessary to document the rights of those left out of the formal system, while also serving as a portal for open datasets in land and other resources, such as extractives, forestry and agricultural investment concessions, where they exist."

Supported by the Department for International Development of Government of UK and the Omidyar Network

Website: http://cadasta.org/

Global Land Alliance

"The mission of Global Land Alliance is to enable the prosperity of people and places by advancing learning and practice to achieve land tenure security and the efficient, inclusive and sustainable use of land and natural resources. We aim to accelerate quality development by resolving land issues with new paradigms of participation and accountability… Global Land Alliance takes the traditional think tank model a step forward, not only producing new understanding and recommendations based on on-the-ground perspectives of citizens, community leaders and businesses, but also channeling those learnings toward practical implementation at scale. By scaling and speeding up resolution of land issues, we can scale up and speed up improved results in the big issues of our time: urbanization, food security, environmental sustainability and peace."

"PRIndex, the Global Property Rights Index, is a collaborative initiative between Global Land Alliance and the Overseas Development Institute to develop and roll out the first global measurement of peoples’ perceptions of their property rights. PRIndex is establishing a global and national-level baseline of perceptions of land tenure security. This baseline will provide the grounding for a global conversation and movement around securing the property rights of billions who currently lack them."

Supported by Inter-American Development Bank, Omidyar Network, Department for International Development of Government of UK, the World Bank, Overseas Development Initiative, and others

Website: http://www.globallandalliance.org/

Global Land Tool Network

"The Global Land Tool Network (GLTN) is an alliance of international partners committed to increasing access to land and tenure security for all, with a particular focus on the poor and women. The Network’s partners include international civil society organizations, research and training institutions, bilateral and multilateral organizations, and international professional bodies… GLTN develops, disseminates and implements pro-poor and gender-responsive land tools. These tools and approaches contribute to land reform, good land governance, inclusive land administration, sustainable land management, and functional land sector coordination."

"Throughout the world, land provides a primary source of income, food security, cultural identity and shelter. It also serves as a fundamental asset for the economic empowerment of the poor and provides a safety net in times of hardship. To enhance access to information and awareness by land and data community and the wider stakeholders around land indicators in the SDGs and related processes for their monitoring, GLTN in collaboration with Land Portal Foundation produced the Land and SDGs dashboard."

Facilitated by UN-Habitat; currently implementing programmes supported by Ministry of Foreign Affairs of Government of Norway, SIDA, Government of the Netherlands, and UN-Habitat

Website: https://gltn.net/home/

International Land Coalition

"A global alliance of civil society and intergovernmental organisations working together to put people at the centre of land governance. The shared goal of ILC's over 200 members is to realise land governance for and with people at the country level, responding to the needs and protecting the rights of women, men and communities who live on and from the land."

Supported by the Federal Ministry for Economic Cooperation and Development of Government of Germany, EU, IFAD, Irish Aid, American Jewish World Service, Belgian Fund for Food Security, Swiss Agency for Development and Cooperation, SIDA, and others.

Website: http://www.landcoalition.org/

Land Matrix

"A global and independent land monitoring initiative. Our goal is to facilitate an open development community of citizens, researchers, policy-makers and technology specialists to promote transparency and accountability in decisions over land and investment... [The website functions as a] Global Observatory - an open tool for collecting and visualising information about large-scale land acquisitions."

Supported partly by the internal resources of the partner organisations, and partly by Oxfam, SDC, Netherlands Ministry of Foreign Affairs, BMZ and European Commission; designed and developed by Sinnwerkstatt in partnership with Tactical Studios at Tactical Technology Collective.

Website: http://landmatrix.org/en/

Land Portal Foundation

"Works to create a better information ecosystem for land governance through a platform based on cutting-edge linked and open data technologies. We help partners to create, curate and disseminate land governance data and information to become part of a more inclusive information landscape. Current information sources are often fragmented, represent a restricted set of perspectives, and are not structured, curated and licensed in ways that support maximum discovery, engagement and reuse."

The Foundation is hosted by University of Groningen, The Netherland; supported by the Department for International Development of Government of UK, International Land Coalition, and the Global Land Tool Network.

Website: https://landportal.org/

Open Land Contracts

"An online repository of publicly available contracts for large-scale land, agriculture, and forestry projects. The repository includes the full text of contracts; plain language summaries (also referred to as "annotations") of each contract’s key social, environmental, human rights, fiscal, and operational terms; and tools for searching and comparing contracts. Launched in October 2015, OpenLandContracts.org promotes greater transparency of land-based investments, facilitates a better understanding of the contracts that govern them, and provides useful tools for governments, communities, companies, and other stakeholders."

An initiative of the Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and the Earth Institute at Columbia University, USA; supported by UKaid from the Department for International Development, Government of UK.

Website: http://www.openlandcontracts.org/

Radiant

"Radiant launched operations in August 2016 to answer the call for open access to geospatial data, with analytical tools for global development practitioners designed to improve decision-making, and to foster entrepreneurship worldwide. Radiant’s geospatial technology platform will permit users to illuminate earth, literally, to allow everywhere to be "seen"; to turn the telescopes back on human activity as we enter the Anthropocene period; and to give decision-makers a scientific window into understanding global activity better. Providing the global community with these tools and data can create powerful insights and accelerate greater catalytic, evidence-based support for change."

Supported by Omidyar Network and Bill and Melinda Gates Foundation.

Website: https://radiant.earth/

Research and evidence

Cotula, Lorenzo, and Thierry Berger. 2017. Trends in global land use investment: Implications for legal empowerment. London, UK: IIED. Accessed from http://www.landcoalition.org/sites/default/files/documents/resources/12606iied.pdf

This report takes stock of trends in land use investments and legal empowerment responses, with a view to informing next steps for legal empowerment agendas. Drawing on a review of the available literature and global datasets, it discusses evolving patterns in land use investments, developments in investment frameworks, and implications for legal empowerment initiatives.

Ferris, Lindsay, Frank Pichel, and Neil Sorensen. 2016. Land Debate on Open Data and Land Governance. Cadasta Foundation and Land Portal. December. Accessed from https://landportal.org/pt/library/resources/report-debate-open-data-and-land-governance

Across most contexts, government data sources on land are largely inaccessible, from land administration data, such as parcel data and ownership information to land investments, contract data and even policy information. In considering data on property ownership specifically, the latest version of the Open Data Barometer shows only two countries, New Zealand and the United Kingdom, obtained a full 100% score on the topic of Land Ownership. When this land administration data is made available, it is commonly made public via a web portal rather than as open data. However, governments are not the sole sources of land data. For example, international organizations such as World Bank, the United Nations and numerous bi-lateral donor organizations publish land related data, while countless NGOs may participate in community mapping and policy analysis. Beyond EU Directives for geospatial datasets, common principles and processes are lacking for determining what data should be open, with often differing interpretations among EU Directives. Finally, questions of how to tackle privacy and security risks to vulnerable populations remain disputed, leading NGOs, governments and international institutions to dismiss open data entirely. However, with an ambitious 2030 Agenda for Sustainable Development, there is an increasing need to pool data resources toward solving global challenges -- while protecting the rights of vulnerable populations. In September 2016, Cadasta Foundation and the Land Portal Foundation teamed up to facilitate a conversation on these issues. Our aims were to better understand the current landscape, potential impacts as well as illustrate the unique challenges in opening land data in order to begin figuring out the solutions. Within the Land Portal platform, we heard the points of view of 26 participants from government land agencies, international institutions and NGOs. Throughout this report, we’ve summarized the main themes that surfaced throughout the three-week Land Debate.

Ferris, Lindsay. 2017. Outputs for the Cadasta GODI Fellowship. Links to four outputs accessed from https://blog.okfn.org/2017/06/09/what-data-do-we-need-the-story-of-the-cadasta-godi-fellowship/

Throughout the fellowship, Lindsay conducted interviews with land experts, NGOs and government officials as well as on-going desk research on the land data publication practices across different contexts. She established 4 key outputs: 1. Outlining the challenges of opening land ownership data… 2. Mapping the different types of land data and their availability… 3. Assessing the privacy and security risks of opening certain types of land data… 4. Identifying user needs and creating user personas for open land data… Throughout the GODI process, our aim is to advocate for datasets that different stakeholders actually need and that make sense within the context in which they are published. For example, one of the main challenges in land ownership is that data is not always recorded or gathered by the federal level, and is collect in cities and regions. One of the primary users of land ownership data are other government agencies. Having a grasp of this type of knowledge helped us better define the land ownership dataset for the GODI. Ultimately, we developed a thoughtful definition based on these reflections and recommendations.

Hogge, Becky. 2015. “HM Land Registry: The UK’s trading funds, and two futures for open data”. In Open Data: Six Stories About Impact in the UK. November. Omidyar Network. Pp. 17-24. Accessed from https://www.omidyar.com/sites/default/files/file_archive/insights/Open%20Data_Six%20Stories%20About%20Impact%20in%20the%20UK/OpenData_CaseStudies_Report_complete_DIGITAL_102715.pdf

HM Land Registry began a phased release of its data on property transactions – the Price Paid Dataset – in March 2012, and by November 2013 the entire historic record dating back to 1995 was released. The data provides much-needed transparency in a historically “murky” business, and is already being used extensively by some traditional players in the property market. Additionally, new players are consolidating around the field of proptech, developing digital tools to bring buying and selling property “out of the Stone Age”. Proptech startups attracted an estimated $1.4 billion in investment globally in 2014. PI Labs, an incubator for proptech startups, opened in London in late 2014.

Raman, Bhuvaneswari, and Zainab Bawa. 2011. Citizens Participation and Technology Interventions in Government Programmes: The Case of Nemmadi Kendras in Bangalore. SIRCA Report. Janastu. Accessed from http://tgc.janastu.org/2011/06/raman-bawa/

Our findings on Nemmadi corroborates Benjamin et al (2005) suggestion that transparency of land information in contexts such as Bangalore can accentuate existing social and economic inequalities and can weaken the claims on land of relatively weaker groups in society. The reflection of the activist from Dalit Sangarsh Samithi quoted above draw attention to the fact that despite the apparent myth of uniform access to information, there are differences in terms of their ability to capture this information. Specifically, when it comes to land, it is not only about having information but also the power to displace / disposses current occupiers. Thus, power between different users affect their ability to capture this information to their advantage but more importantly, such visibility can pose new risks to the claims of relatively weaker groups. Proponents of data transparency fail to make the distinction between access to and the capture of information and the risk posed by opening up certain types of data. Based on our preliminary observations we suggest that there is need to differentiate between the types of data that is made public and the political economic context in which such information is made public. Our findings suggest the usefulness of further research on this aspect.

Events

International workshop on Open Land Data: Mobile Apps and Geo-services for Open Soil Data

Hosted by Tom Hengl and Rik van den Bosch (ISRIC – World Soil Information), and Jeff Herrick (U.S. Department of Agriculture – Agricultural Research Service, New Mexico State University), July 2-4, 2017, Wageningen University, the Netherlands, http://gsif.isric.org/doku.php/wiki:workshop_2017

Responsible Land Governance: Towards an Evidence Based Approach

Annual Word Bank Conference on Land and Poverty, Washington DC, USA, March 20-24, 2017, https://www.conftool.com/landandpoverty2017/index.php?page=browseSessions&form_session=555&presentations=show

Workshop on Open Data and Land Governance: Moving Towards an Information Ecosystem

Land Portal Foundation and Cadasta Foundation, March 20, 2017, OpenGov Hub, Washington DC, USA, https://landportal.org/event/2017/03/open-data-and-land-governance-moving-towards-information-ecosystem

Resources and funding

Department for International Development, Government of UK: Land Governance for Economic Development

"DFID will pursue actions globally to improve land rights protection to: help ensure women and men enjoy legally recognised, secure property and tenure rights. To Improve information and knowledge to facilitate the provision of clear, transparent land related information and knowledge, enabling rights to be identified, understood and protected. To improve private sector investment through the development and rollout of a standardized investment risk assessment methodology and implementation of best practice in land governance."

Website: https://devtracker.dfid.gov.uk/projects/GB-1-204252/

Omidyar Network – Property Rights

"We know why this matters: Strengthening rights to land, natural resources, and other assets empowers people to decide, based on their tacit and local knowledge, how best to use their assets. Add in increased decision-making authority with legal rights to benefit from valued uses of property, and you get improved incentives to invest in families, children, farms and businesses. It is worth underscoring that the poor – whether informal urban entrepreneurs or smallholder farmers – are by far the largest group of businesspeople in the world. And, as highlighted in the recent report Accelerating Entrepreneurship in Africa, improving property transfer procedures will strengthen business opportunities..."

Website: https://www.omidyar.com/investees?initiative=Property+Rights®ion=All&search=#filter and https://www.omidyar.com/blog/why-property-matters

World Bank – Land

"The World Bank is increasingly working to open land and geospatial datasets for acceleration of growth through businesses, and improving own source local revenue creation, location-based analysis and decision-making, urban management, climate change responses, and resilience… The World Bank recognizes that national land administration systems and spatial data infrastructure are fundamental to disaster risk reduction and response by the provision of historical repository of pre-disaster land use and occupancy, location-based information as well as a unified geospatial platform for planning, monitoring, and implementing responses… The World Bank is working on land tenure as well as land and geospatial infrastructure and systems in 48 countries, with a current investment of approximately $1 billion in commitments, impacting millions of land holders in Africa, Asia, Eastern Europe and Central Asia, Latin America, and the Middle East and North Africa."

Website: http://www.worldbank.org/en/topic/land#2

For more details visit https://cis-india.org/openness/open-data-and-land-ownership-environment-scan

Centre for Internet and Society

Open Letter to Members of the European Parliament of the Civil Liberties, Justice and Home Affairs Committee

Open letter to Kolaveri Di makers: How Dare You!

Open letter to Hillary Clinton on Internet Freedom

Video

Open letter from CIS to PM Modi on Intellectual Property Rights issues on his Visit to US

Open Knowledge Festival 2014

Situation in India

What we have done so far

Collaborative Presentation

Open Knowledge Day at Mysore

Open Government Platform: An Open Source Solution to Democratizing Access to Information and Energizing Civic Engagement

Conceptual Overview

OGPL Components

Dataset Management System

Data Portal

Monitoring and Management Dashboard

Note by BK Gairola

Indo-US Collaboration

OGPL - An Open Source Solution

Citizen Engagement

Open Government Data

Initial steps

Recommendations

More substantial steps

Recommendations

Technology

Most ambitious steps

Recommendations

Open Governance and Privacy in a Post-Snowden World : Webinar

Open Equitable Access (PDF)

Open Education Week: Interview with Subhashish Panigrahi

Open Debate

Open Debate

Standards diluted

Open standards

Multiple standards

Open Data in Cultural Heritage – OpenGLAM in Germany

Programme

Open Data Hackathons are Great, but Address Privacy and License Concerns

Open Data and Land Ownership - Environment Scan

Comments and suggestions: Environment Scan (Google Drive)

State of Open Data: Join the Investigation!

State of Open Data on Twitter: @stateofopendata

Issues

[Gap] Land Ownership data is mostly closed

[Gap] Global paucity of reliable information about cross-border investments in and shifts in ownership of land

[Progress] Collaborative and incremental development of extensive and intensive monitoring of openness of land ownership data across countries

[Progress] Success of the Access Land campaign in California, USA:

[Progress] HM Land Registry, Government of UK, publishing Commercial and Corporate Ownership Data and Overseas Companies Ownership Data for free

Who?: Stakeholders, networks, community

Cadasta Foundation

Global Land Alliance

Global Land Tool Network

International Land Coalition

Land Matrix

Land Portal Foundation

Open Land Contracts

Radiant

Research and evidence

Events

International workshop on Open Land Data: Mobile Apps and Geo-services for Open Soil Data

Responsible Land Governance: Towards an Evidence Based Approach

Workshop on Open Data and Land Governance: Moving Towards an Information Ecosystem

Resources and funding

Department for International Development, Government of UK: Land Governance for Economic Development

Omidyar Network – Property Rights

World Bank – Land