Centre for Internet and Society

Mobile Accessibility Practices

praskrishna — 2017-04-11T14:50:48Z

For more details visit https://cis-india.org/accessibility/files/mobile-accessibility-practices.pdf

MLATs and the proposed Amendments to the US Electronic Communications Privacy Act

Vipul Kharbanda and Elonnai Hickok — 2016-12-28T01:09:34Z

In continuance of our blog post on mutual legal assistance treaties (MLATs), we examine a new approach to international bilateral cooperation being suggested in the United States, by creating a mechanism for certain foreign governments to directly approach the data controllers.

Published under Creative Commons License CC BY-SA. Anyone can distribute, remix, tweak, and build upon this document, even for commercial purposes, as long as they credit the creator of this document and license their new creations under the terms identical to the license governing this document.

In the previous article on MLATs we discussed, in some detail, what MLATs are and why they are needed. One area which was briefly focused upon in that article was the limitations and criticisms of the MLAT mechanism, of which one of the main criticisms being the problems caused due to different legal standards in various jurisdictions as well as the time taken to process a request for information sent from one country to another. Talking specifically about the United States, where most internet companies are headquartered and hold large amounts of data, it typically takes months to process requests under MLATs and foreign governments often struggle to comprehend and comply with the legal standards in the United States for obtaining data for use in their investigations.[1] The requirement that a foreign government should take permission from, and comply with the requirements of a foreign government simply because the data needed happens to be controlled by a service provider based in a foreign country strikes many foreign law enforcement officials as damaging to security and law enforcement efforts, especially when they are requesting data pertaining to a crime between two of their own citizens that primarily took place on their soil.[2]

These inefficiencies of the MLAT process lead to further problems of foreign governments attempting to apply their search and surveillance laws in an extraterritorial manner for example in 2014 the UK passed the Data Retention and Investigatory Powers Act, 2014 with gives the government the power to directly access data from foreign service providers if sought for specific purposes and the request is approved by the Secretary of State or other specified executive branch official.[3] Another response that may occur is if, frustrated by such inefficiencies of the existing systems, courts in foreign states start assuming extra territorial jurisdiction, as happened when a District Court in Vishakhapatnam restrained Google from complying with a subpoena issued by the Superior Court of California, ordering Google to share the password of the Gmail account belonging to an Indian citizen residing in Vishakhapatnam.[4]

Solution proposed in the United States

In order to overcome these inefficiencies, at least in the American context, the Department of Justice has proposed a legislation which seeks to make the process of foreign governments getting information from US based entities more streamlined by amending the provisions of the Electronic Communications Privacy Act (ECPA) of the United States (the “Amendment”). These amendments have been proposed primarily for the US and UK to effectuate a proposed bilateral agreement whereby the UK government will be able to approach US companies directly with requests for information without going through the MLAT process or getting an order from a US court.

The Amendment seeks to ensure that requests from foreign governments for information from US entities get answered in a smooth manner by including those requests in the process for seeking information under the ECPA itself. This move would no doubt, make it easier for foreign governments to access data in the US, but such a move can be criticized on the ground that it would then allow all states, irrespective of their legal standards of privacy, etc. to get access to such information. This problem has been overcome in the amendment by adding a new section to Title 18 which would allow the Attorney General, with the concurrence of the Secretary of State to certify to the Congress that the legal standards in the contracting state which is being given access to the mechanism under the ECPA satisfies certain requirements specified in the chapter (and discussed below). Only after such a certification has been received by the Congress, a contracting state would be able to receive the benefits sought to be granted under the Amendment.

It is important to note that the US administration is looking to use the US-UK Agreement as a standard to be followed for similar potential agreements with a number of other countries wherein the agencies in those countries could request information from US based entities through court orders through a properly specified legal framework. Though to our knowledge India has not been formally approached by the US government to enter into such an agreement, it is important to ask the question viz. if approached:

Does India's present legal system meet the standards laid down in the amendment to the ECPA?
And if they do, should India also seek to enter into such an Agreement with the United States?
And if India does, what could be the implications for citizens and for countries in a similar position as India?

We hope to be able to answer the above three questions, or at least throw some light on them, in the conclusion of this paper by relying upon the discussions contained herein.

Criticisms of the Amendment

While such a mechanism may be very effective in addressing the needs of security agencies in investigation and prevention of criminal activities, one cannot accept such an overarching change in cross border enforcement without analyzing the consequences that such a proposal will have on the right to privacy. Some of these consequences have been highlighted by experts responding to the amendment:

Lack of Judicial Authorisation: The Amendment requires that the foreign governments have a process whereby a person could seek post-disclosure review by an independent entity instead of a warrant by a court.[5] Although a court order is not the norm for interception even in Indian law, however under American law such protection is given to data held by American companies even though the data may belong to Indian citizens and this protection will no longer be available if the Amendment is passed.

Vague Standard for requests: Under the domestic law of any state there is usually a large amount of jurisprudence regarding when search orders can be issued, such as the “probable cause” standard that is followed in the United States or similar standards that may be followed in other jurisdictions. This ensures that even when the wording of the law is not precise, which it cannot be for such a subjective issue, there is still some amount of clarity around when and under what circumstances such warrants may be issued. In contrast, the Amendment requires that the orders be based on “requirements for a reasonable justification based on articulable and credible facts, particularity, legality, and severity regarding the conduct under investigation.” Although the language here may seem reasonable but in the absence of any jurisprudence backing it, it becomes very vague and susceptible to misuse. Disclosure without a Warrant: Under the current MLAT process as followed in the United States, a judge in the U.S. must issue a warrant based on probable cause in order for a U.S. company to turn over content to a foreign government. This requirement protects individuals abroad by requiring their governments to meet certain standards when seeking information held by U.S. companies. The Amendment seeks to remove this essential safeguard for a judicial warrant. The Amendment does not require requests from foreign governments to be based on a prior judicial authorization, since a large number of countries (including India) do not always require judicial orders for such orders.[6]

Allows Real Time Surveillance by Foreign Governments: American privacy rights activists have raised the concern that the Amendment would allow foreign governments to conduct ongoing surveillance by asking American companies to turn over data in real time. The requirements that the foreign governments would have to fulfill to execute such an order are less stringent than those which have to be fulfilled by the American security agencies if they want to indulge in similar activities. When the U.S. government wants to conduct real-time surveillance, it must comply with the Wiretap Act, which imposes heightened privacy protections.[7] The court orders for this purpose also require minimization of irrelevant information, are strictly time-limited, only available for certain serious crimes, etc.[8] In Indian law any such request, apart from being time limited and being available only for certain specified purposes, also has to satisfy that interception is the only reasonable option to acquire such information.

Process to determine which countries can make demands is not credible: Under the Amendment, the Attorney General and the Secretary of State, would decide whether the laws and practices of the foreign government adequately meet the standards set forth in the legislation for entering into a bilateral agreement. Their decisions would not be liable to be reviewed by a court or in any administrative procedure. They could make their determinations based on information which is not available to the public and the criteria for making the decision are vague and flexible. Further these criteria have been described as “factors” and not “requirements”[9] so that even if some of them are not satisfied, the certification process can still be completed.

Companies do not have the resources to determine if a request complies with the terms of the agreement: The Amendment does not provide any oversight to ensure that technology companies are only turning over information permitted in a specific bilateral agreement. For example, a bilateral agreement may permit disclosure of information only in response to orders that do not discriminate on the basis of religion, however, it may not be possible for the companies receiving the request to determine whether a particular request complies with that condition or not. The Amendment does not require that individual companies put in place requisite processes to weed out requests that may be non compliant with the provisions of the agreement; nor are there periodic audits to ensure that companies are properly responding to foreign government information requests.[10]

Non compliance with Human Rights Standards: Under international human rights law, governments are allowed to conduct surveillance only based on individualized and sufficient suspicion; authorized by an independent and impartial decision-maker; necessary and proportionate to achieve a legitimate aim, including by being the least intrusive means possible.[11] However the mechanism proposed by the Amendment falls woefully short of these standards.[12]

One must not lose sight of the fact that most of the criticisms of the proposal that have been discussed above have been made in the context of, and based on the standards of privacy protection that are available to American citizens. If we look at it from an Indian perspective most of those protections are not available to Indian citizens in any case since independent judicial oversight is not a sine qua non for access to information by the security agencies in India. Although the Amendment leaves open the question of how a request would be made by the foreign government to the individual Agreements, it may be safe to assume that were India to enter into such an Agreement with the United States, it would require the orders for access to comply with the standards laid down under Indian law before the relevant authorities send the request to the US based data controllers. At the least, this would ensure that the rights of Indian citizens currently guaranteed under Indian law, howsoever flawed they might be, would in all likelihood be safeguarded as per Indian law.

Certification from the Attorney General to the US Congress

In the above background if India were to enter into the agreement with the U.S Government apart from actually negotiating and signing that Agreement, the Indian government will also have to ensure (if the Amendment is passed) that the Attorney General of the United States, with the concurrence of the Secretary of State gives a certificate to the Congress that Indian law satisfies the requirements set forth in the proposed section XXXX of Title 18.

It must be kept in mind that if the negotiations between India and the United States in this regard reach such a mature stage that the certification from the Attorney General is required, then that would mean that there is enough political will on both sides to ensure that such an arrangement actually comes to fruition. In this context it would not be unfair to assume that the Attorney General may have a slight bias towards opining that Indian laws do conform to the requirements of the Amendment, as the Attorney General would want to support the decision taken by the administration, and our analysis shall have a similar bias in order to be more contextual.

The certification would, inter alia, contain the determination of the Attorney General:

That the domestic law of India affords robust substantive and procedural protections for privacy and civil liberties in light of the data collection and activities of the Indian government that will be subject to the agreement.It should be noted that the Amendment specifies various factors that should be taken into account to reach such a determination, which include whether the Indian government:

(i) has adequate substantive and procedural laws on cybercrime and electronic evidence, as demonstrated through accession to the Budapest Convention on Cybercrime, or through domestic laws that are consistent with definitions and the requirements set forth in Chapters I and II of that Convention; Although India is not a signatory to the Budapest Convention the Information Technology Act, 2000 (which is the main legislation dealing with cybercrime) has penal provisions which have borrowed heavily from the provisions of the Budapest Convention.

demonstrates respect for the rule of law and principles of nondiscrimination;

The provisions of Article 14 as well as Article 21 of the Constitution of India demonstrates that the legal regime in India is committed to the rule of law and principles of non discrimination.

adheres to applicable international human rights obligations and commitments or demonstrates respect for international universal human rights (including but not limited to protection from arbitrary and unlawful interference with privacy; fair trial rights; freedoms of expression, association and peaceful assembly; prohibitions on arbitrary arrest and detention; and prohibitions against torture and cruel, inhuman, or degrading treatment or punishment);

India is a signatory to a number of international human rights conventions and treaties, it has acceded to the International Covenant on Civil and Political Rights (ICCPR), 1966, International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966, ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965, with certain reservations, signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 with certain reservations, Convention on the Rights of the Child (CRC), 1989 and signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 1984. Further the right to life guaranteed under Article 21 of the Constitution takes within its fold a number of human rights such as the right to privacy. Freedom of expression, right to fair trial, freedom of assembly, right against arbitrary arrest and detention are all fundamental rights guaranteed under the Constitution of India.

has clear legal mandates and procedures governing those entities of the foreign government that are authorized to seek data under the executive agreement, including procedures through which those authorities collect, retain, use, and share data, and effective of oversight of these activities;

India has a number of legislations which govern the interception and request for information such as the Information Technology Act, 2000, the Indian Telegraph Act, 1885, Code of Criminal Procedure, 1973, etc. which put in place mechanisms governing the authorities and entities which can ask for information.

has sufficient mechanisms to provide accountability and appropriate transparency regarding the government’s collection and use of electronic data; and

The Right to Information Act, 2005 provides the citizens the right to access any public document unless access to the same is prohibited due to the specific exemptions provided in the Act. It may be noted here that the provisions of the Right to Information Act are often frustrated by the bureaucracy by using exceptions such as “national security”, but for the purposes of this write up we are already assuming a bias towards fulfillment of these factors/conditions and therefore as long as there is even some evidence of compliance, the conditions will be considered as fulfilled by the Attorney General for the purposes of his certificate.

demonstrates a commitment to promote and protect the global free flow of information and the open, distributed, and interconnected nature of the Internet.

The Telecom Regulatory Authority of India, which regulates telecom services in India has also issued the Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016 which prohibits service providers from charging discriminatory tariffs for data services on the basis of content.

Other than Indian law, the certificate from the Attorney General will also have to certify certain issues which would have to be addressed in the bilateral agreement itself, viz.:

That the Indian government has adopted appropriate procedures to minimize the acquisition, retention, and dissemination of information concerning United States persons subject to the agreement.
That the agreement requires the following with respect to orders subject to the agreement:

(i) The Indian government may not intentionally target a United States person or a person located in the United States, and must adopt targeting procedures designed to meet this requirement;

(ii) The Indian government may not target a non–United States person located outside the United States if the purpose is to obtain information concerning a United States person or a person located in the United States;

(iii) The Indian government may not issue an order at the request of or to obtain information to provide to the United States government or a third-party government, nor shall the Indian government be required to share any information produced with the United States government or a third-party government;

(iv) Orders issued by the Indian government must be for the purpose of obtaining information relating to the prevention, detection, investigation, or prosecution of serious crime, including terrorism;

(v) Orders issued by the Indian government must identify a specific person, account, address, or personal device, or any other specific identifier as the object of the Order;

(vi) Orders issued by the Indian government must be in compliance with the domestic laws of India, and any obligation for a provider of an electronic communications service or a remote computing service to produce data shall derive solely from Indian law;

(vii) Orders issued by the Indian government must be based on requirements for a reasonable justification based on articulable and credible facts, particularity, legality, and severity regarding the conduct under investigation;

(viii) Orders issued by the Indian government must be subject to review or oversight by a court, judge, magistrate, or other independent authority;

(ix) Orders issued by the Indian government for the interception of wire or electronic communications, and any extensions thereof, must be for a fixed, limited duration; interception may last no longer than is reasonably necessary to accomplish the approved purposes of the order; and orders may only be issued where that same information could not reasonably be obtained by another less intrusive method;

(x) Orders issued by the Indian government may not be used to infringe freedom of speech;

(xi) The Indian government must promptly review all material collected pursuant to the agreement and store any unreviewed communications on a secure system accessible only to those trained in applicable procedures;

(xii) The Indian government must segregate, seal, or delete, and not disseminate material found not to be information that is, or is necessary to understand or assess the importance of information that is, relevant to the prevention, detection, investigation, or prosecution of serious crime, including terrorism, or necessary to protect against a threat of death or seriously bodily harm to any person;

(xiii) The Indian government may not disseminate the content of a communication of a U.S. person to U.S. authorities unless the communication (a) may be disseminated pursuant to Section 4(a)(3)(xii) and (b) relates to significant harm, or the threat thereof, to the United States or U.S. persons, including but not limited to crimes involving national security such as terrorism, significant violent crime, child exploitation, transnational organized crime, or significant financial fraud;

(xiv) The Indian government must afford reciprocal rights of data access to the United States government;

(xv) The Indian government must agree to periodic review of its compliance with the terms of the agreement by the United States government; and

(xvi) The United States government must reserve the right to render the agreement inapplicable as to any order for which it concludes the agreement may not properly be invoked.

Conclusion

It is clear from the discussion above that the proposed Amendment is a controversial piece of legislation which will affect the way law enforcement is carried out in the internet. While there is no doubt that proposing an alternate mechanism to the existing inefficient MLAT structure is definitely the need of the hour, whether the mechanism proposed in the proposed Amendment, with all the negative implications on privacy, is the right way forward is far from certain.

As for the three questions that we had sought out to answer in the beginning of this paper, we would not like to say that Indian law definitely conforms to all the requirements listed in the Amendments, but it can safely be said that it appears that if the governments of India and the United States so wish, it would not be difficult for the Attorney General of the United States to be able to give a certification to the Congress as required in the proposed Amendment.

The other two questions as to whether India should try to opt for such an arrangement if given a chance and what would be the consequence for its people are somewhat related, in the sense that it is only by examining the consequences on its citizens that we will arrive at an answer as to whether India should opt for such an arrangement or not. The level of protections offered to Indian citizens under India law in terms of protection of their private data from government surveillance is lower than that which is offered to American citizens under American law. The growing influence of the internet is changing the citizen-state dynamic giving rise to increasing incidents where the government has to approach private actors for permission in order to carry out their governmental functions of providing security. This is because more and more private data of individual citizens is being uploaded on to the internet and controlled by private actors such as telecom companies, social media sites, etc. and the governments have to approach these private actors in case they want access to this information. The fact that the government has to approach private actors to get access to data gives private citizens some leverage to ask for better privacy protections in the context of state surveillance.

Although this proposed Amendment may not affect the local surveillance laws in India, however it would definitely have an effect on the way that citizens’ data is protected and accessed by the government.

[1] Explanation by the Assistant Attorney General attached to the proposed Amendment.

[2] https://www.justsecurity.org/24145/u-s-u-k-data-sharing-treaty/

[3] https://www.justsecurity.org/24145/u-s-u-k-data-sharing-treaty/

[4] http://spicyip.com/2012/04/clash-of-courts-indian-district-court.html

[5] https://www.justsecurity.org/32529/foreign-governments-tech-companies-data-response-jennifer-daskal-andrew-woods/

[6] https://www.aclu.org/letter/aclu-amnesty-international-usa-and-hrw-letter-opposing-doj-proposal-cross-border-data-sharing

[7] https://www.aclu.org/letter/aclu-amnesty-international-usa-and-hrw-letter-opposing-doj-proposal-cross-border-data-sharing

[8] https://www.justsecurity.org/32529/foreign-governments-tech-companies-data-response-jennifer-daskal-andrew-woods/

[9] https://www.justsecurity.org/32529/foreign-governments-tech-companies-data-response-jennifer-daskal-andrew-woods/

[10] https://www.aclu.org/letter/aclu-amnesty-international-usa-and-hrw-letter-opposing-doj-proposal-cross-border-data-sharing

[11] International Covenant on Civil and Political Rights, art. 17, Dec. 19, 1966, U.N.T.S 999, cf. https://www.aclu.org/letter/aclu-amnesty-international-usa-and-hrw-letter-opposing-doj-proposal-cross-border-data-sharing

[12] https://www.aclu.org/letter/aclu-amnesty-international-usa-and-hrw-letter-opposing-doj-proposal-cross-border-data-sharing

For more details visit https://cis-india.org/internet-governance/blog/mlats-and-the-proposed-amendments-to-the-us-electronic-communications-privacy-act

MLAT Report

Admin — 2018-09-27T15:53:24Z

For more details visit https://cis-india.org/internet-governance/files/mlat-report

Ministry of Science makes open access to research mandatory

praskrishna — 2014-07-28T09:12:49Z

Researchers who fail to meet the requirements would not considered for promotions, fellowships, future grants or appointments.

The article by Aprajita Singh was published in Down to Earth magazine on July 16, 2014. T. Vishnu Vardhan gave his inputs.

The Centre has made it mandatory for the researchers who receive funds from the Centre to submit a copy of their final research papers to open access journals or online open access repositories.

Stating this, the Department of Biotechnology (DBT) and the Department of Science and Technology (DST), both under the Ministry of Science, recently released a draft of their Open Access policy. The departments have also invited comments and suggestions on the same. The document is open for comments till July 25th.

In the draft, DBT and DST have stated that since this research is funded by the public, it is necessary that the knowledge be made accessible to the public as soon as possible, so that it can be read and built upon. This will promote research culture in India.

In the past, Indian Council of Agricultural Research (ICAR) and Council of Scientific & Industrial Research (CSIR) have also released similar open access policies that encourage authors to make their work easily available to the public.

Traditional journals such as Nature impose a heavy subscription fee for access to their articles, thus limiting the viewers that these papers can reach. In some cases, authors may also be required to sign over their copyright of the paper to the publisher. Scientists consider it to be a matter of prestige to publish their research in these journals as it is believed that the quality of papers published here is superior to that of papers in open access journals.

But the trend slowly changing. According to T Vishnu Vardhan of Bengaluru-based Centre for Internet and Society, “For open access journals like PLoS ONE, a scientist or an author has to pay less than one-third of the cost of publishing that he would pay to traditional models. The publishers have for long been holding forth on the editorial quality that their commercial operations assure, which no more holds ground as the open access journals have historically demonstrated same level of efficiency.” He adds that this is primarily because most of the peer reviewing of scientific scholarly publication is done for free.

The policy proposes that a copy of the paper be submitted to the repository within a week of being accepted by a journal. If the journal imposes an embargo, the paper will remain in the repository, but be made open access only once the embargo ends. Journals can thus charge a subscription fee for the duration of the embargo period. However, the policy asks the authors to suggest that the embargo period be no longer than year.

The departments maintain that while they do expect the authors to publish their work in quality, peer-reviewed journals, the research work done by them should be judged on the basis of the merit of the work and not the journal it is published in.

It also states that authors must submit the deposit ID of the work in question along with the final work, and also while applying for any future funding, or their proposals will not be considered. For authors of research conducted in institutions that come under the control of DBT/DST which do not carry the deposit ID, the penalty proposed is severe. These authors will not be eligible for promotions, fellowships, future grants or appointments.

The policy also provides a copyright addendum which states that the author retains all rights to reproduce and distribute the article, as long as it is not done for monetary purposes.

It is hoped that this policy will encourage other departments to make open access research mandatory too. Senior scientist at ICAR Research Centre for Eastern Region and a member of Open Access India, Sridhar Gutam says that there is a lack of clarity amongst researchers in India over open access policies. He hopes that now that CSIR, ICAR, DBT and DST have rolled out open access policies, this will encourage discussion on the issue and once this policy is finalized, other departments and institutes of higher education and research will follow suit and introduce their own policies.

For more details visit https://cis-india.org/news/down-to-earth-july-16-2014-aparajita-singh-ministry-of-science-makes-open-access-to-research-mandatory

Ministry of Health's public consultation on National Digital Health Blueprint: Legal issues around telemedicine, consent, and 'egosystems' in healthcare Trisha Jalan

Trisha Jalan — 2019-08-09T14:05:14Z

“The patient should be centric to every intervention,” declared Preeti Sudan, special secretary at the Ministry of Health, at the ministry’s public consultation on the National Digital Health Blueprint 2019, held at the Constitution Club of India in New Delhi on August 6.

The article by Trisha Jalan was published by Medianama on August 8, 2019. Aayush Rathi was quoted.

The venue was packed with representatives from the government, major hospitals chains, health start-ups, associations, and civil society organisations. The blueprint — which is an evolved document of the National Health Stack 2018 (NHS) — was put in the public domain on July 15, and comments were closed on August 4. After holding consultation on the NHS, the ministry formed a committee under the chairmanship of former UIDAI head and former MeitY secretary J. Satyanarayana to create an implementation document for the NHS.

Health is a complex and interwoven subject, and deals with people’s lives, said Sudan. “The patient should be centric to every intervention,” she said. Clearly stated during the discussion was that private sector participation is important and necessary. Sudan opened the consultation by mentioning that the ministry is in the process of forming the e-pharmacy rules, “we’ve had extensive consultations on it”:

“There are issues which require assistance from all of you. We don’t have e-prescriptions on a large scale, you can’t expect government to lead e-prescriptions, we have hospitals all the country. So what can industry do, to make this application cheap and user-friendly, and have it across the system so epharmacy actually becomes possible. E-precriptions have been the norm wherever e-pharmacies have been successful.”

J. Satyanarayana, chairman of the committee (also a former UIDAI chair), wasn’t present at the consultation. Here’s a list of representatives from the government present at the consultation, some of whom were also members of the committee:

Preeti Sudan, Secretary, Ministry of Health
Sanjeeva Kumar, Special Secretary, Ministry of Health
Lav Agrawal, Joint Secretary, Ministry of Health
Gaur Sunder, Centre for Development of Advanced Computing, Pune
Sunil Kumar, National e-Governance Division
J Rama Krishna Rao, CEO, National Institute for Smart Governance
Pallab Saha, chief architect, The Open Group

(A non-exhaustive list of stakeholders present at the consultation is available at the end of the article.)

Electronic Health Records (EHR)

Non-financial incentives for adoption of EHR: “What are the incentives that could really make for early adoption for various players? There are many different approaches that it can happen to incentivize each and every player, for example, maybe let’s build a national license for actionable guidelines, define it, and set standards for that, like the government has done for SNOMED CT,” Krish Dutta from Relx Group said.

“US has shown us that throwing money at the problem doesn’t solve it,” Dutta said. “It’s the the largest investment healthcare, but there are still problems.”
One small step [we could do] would be how do you get doctors or hospitals to adopt EHR — for example, [requiring that] a copy or electronic subset of the EHR should be immediately recorded, and payments and reimbursements are made on the basis of this. “Maybe that’s can be the only document that you send to the insurer,” Dutta said.

Patient agency in ensuring EHR: Talking about his experience of working in hospitals in the US, Dr Surajit Nandy, CEO of Raxa Health, asked “What power will the citizens have to ensure that their data is pushed to the NHS? When the citizen accesses a health service, they don’t have the power to ensure that their health records are digitised and centralised, he said.

“Having practiced in the US, we often had many problems getting the data from other medical institutes — even with interoperability and other laws on the books — and this had catastrophic consequences. At Massachusetts General, we had to ensure that your data was pushed to the digital records within 24 hours of seeing the patient.” — Dr Surajit Nandy

Data privacy: legal issues, absence of Data Protection Law, and use of Aadhaar

Multiple stakeholders raised the point that Personal Data Protection Bill is still in the works, and that the blueprint, in the current form, is designed amidst the absence of a law dealing with data protection and citizen privacy.

According to Dr Vivek Gupta of AIIMS, the data privacy law is a (or should be a) mandatory prerequisite before this regulation comes into place.
According to another doctor, who has been at AIIMS and also been an IAS officer, if DISHA and/or PDP Bill don’t come into effect, then the patient won’t be established as the owner of the data, this is especially important given that legal issues have not been integrated into the NDHB document.

“We need to think through the question of data ownership, and what implications it has for things already in the NDHB, but may not be viable, said Ayush Rathi from Centre for Internet & Society. “One of the things is the de-identification of anonymised data, the PDP bill (in its current form, already criminalizes this without the consent of the data fiduciary.”

Talking about consent, he said, the NDHB does a lot in terms of seeking consent, “but a crucial component of consent is already the ease with which it can be withdrawn. It’s unclear how deletion or right to be forgotten can be included in the NDHB, a critical principle of how the PDP Bill was built. And this can deal with not just how your entire health record can be deleted, but also how specific parts of it can be deleted.” He said there has a very “solid legal assessment of the NDHB”, with what the PDP will prospectively look at.

The use of Aadhaar

The NDHB document suggests the use of Aadhaar as a possible Personal Health Identifier, since it “assures uniqueness of identity” and provides an online mechanism for authentication. Although the document defers the final decision and says that Ministry of Health may decide this in consultation of MeitY and UIDAI (FYI, the committee which drafted this blueprint was chaired a former chairman of the UIDAI), it will be no surprise if Aadhaar is indeed a preferred PHI, given its mission creep.

The only stakeholder to raise issues around Aadhaar was Aditi Chaturvedi from Software Freedom Law Centre (SFLC). “The ministry should provide clarity on the use of Aadhaar, the system links very sensitive personal data with public and private, while the Act permits the use of Aadhaar only in some ccases, we aren’t able to understand where the line will stop,” she said.

Data collection and gathering, and data disclosure

Dr Vivek Gupta from AIIMS said that there needs to be clarity on whether data is going to be collected at both IPD and OPD. 5 out of the 8 mandatory data elements in Table 3.3 (see below) of the document deal with clinical data to be collected at the time of doc-patient interaction. “There are very broad terms and encompasses the entire encounter — history, observations, complaints etc. In a high load set-up such as AIIMS, where the average interaction time is very less, how does this [kind of] data gathering work out?” “Again, data is collected also for design purposes and not just for clinical purposes. Is all this data or only a part of it also supposed to flow into a central repository, only a part of it?”

Aditi Chaturvedi from SFLC, said the its concerning that we don’t know the amount of patient data that will be disclosed to private players in the system, such as insurers, pharmacies, and hospitals, among others.

Use of telemedicine and lack of legal framework around it

Telemedicine is one of the answers to the skewed doctor-patient ratio, and two areas of telemedicine need a little more stress in the document, according to Dr Karanvir Singh, Chief Medical Information Officer at Apollo Hospitals. One is the business model, a large number of organisations which started telemedicine projects have gone down because their business model doesn’t address their local concerns.

“They’re treating or giving consultation to patients in different parts of India, but the income — it does come down to income — is actually not coming to them. Because if a patient comes in via telemedicine, the consult is supposed to be free.” — Dr Karanvir Singh

Legal framework and issues surrounding telemedicine

Dr. Singh flagged another issue — the legality of telemedicine consults, whether it is telemedicine or via WhatsApp. “Karnataka has made it illegal,” he said, “so it’s an area that needs to be addressed.” Preeti Sudan, Union Health Secretary, agreed that there are ethical issues surrounding telemedicine.

She explained that the ministry had asked if the Medical Council of India (MCI) could act on it. The body, however, has been dissolved with the passage of the National Medical Commission Bill, 2019 (which has been passed in both houses of Parliament). For context, once the NMC Bill becomes an Act, it will replace the MCI as the regulatory body for medical colleges and institutions in the country.
“We need actually need some kind of policy document or legal framework as to the extent of telemedicine we can do,” said Sudan.

Sudan also pointed out that there isn’t yet a data privacy law in India, the Srikrishna Report is under consideration, and “we are eagerly awaiting it”. Elaborating on the government’s work in telemedicine, she said the ministry is forming an e-learning network in medical colleges. Teleradiology works very well in government, because because you will have that X-ray know in front of you and the doctor [can consult].

“Then there are legal issues around teleconsultation. Is there a country with a legal framework for telemedicine?” — Preeti Sudan

Colonel (Retd) Dr Ashvini Goel, vice-president of the Telemedicine Society of India, pointed out that Texas had passed its own Telemedicine Act. The society had presented a white paper on a proposed Tele-health Act to the NITI Aayog, but hasn’t heard anything on it, he said.

Tele-monitoring as a form of tele-health

Although questions were being raised about the legal issues surrounding telemedicine, Dr. Monica Thomas, a neurologist at Holy Family Hospital, pointed out that a variation of tele-health is tele-mentoring, which the hospital has been doing through extension of community health care outcomes started by Indian origin hematologist Dr Sanjeev Arora.

Tele-mentoring, she explained, takes away the risks of advising the patient directly, since “you are advising the community physician who takes care of the patient. And I would suggest that that should be multiplied much more.”
Sudan once again pointed out that tele-mentoring has indeed worked, and the government is using Dr Arora’s platform on a large scale. “The question raised that if we’re going for tele-medicine, the legal liabilities need to be defined. Only Texas has a law now.”

“We are using this echo platform of Sanjeev Arora on a very large scale now. And you’re right, this tele mentoring has worked. And we do use this platform. And it’s a good thing. But you know, I understand that and it’s being used in US also.We are extending it to our TV also now. We have a Digital Academy for Mental Health in NIMHANS. The question raised that if we’re going for telemedicine, the legal liabilities need to be defined. Only Texas has a law now.” — Preeti Sudan

‘Patient consent is paramount’, illiterate patients, and consent frameworks

The document says that data will not be available to any care provider without explicit consent of the patient, Dr Karanvir Singh from Apollo Hospitals reminded everyone. But, he said, “we have a large number of illiterate patients, patients can be unconscious, or can be children.”

There are two solutions for this:
1. All data becomes available to the current care provider, as long as it is not explicitly marked as confidential by the patient. This is the less preferable option.
2. Break the ceiling, break the glass: So a patient is brought in unconscious, there should be a mechanism defined by which the doctors in the casualty or emergency can access the data even if it’s not explicit consent by the patient.

“The issues of consent is paramount,” said Anuvinda Varkey from Christian Coalition for Health. “We should have some kind of communication measures to the public about what consent means. And in case the patient has no identifier like Aadhaar, it should be mandatory to give them care.”

EHR standards need more clarity

Aditi Chaturvedi from SFLC said that the document provides MeitY’s electronic consent framework guidelines, and the EHR standards in another section. “Although the [EHR] standards are backed by law, they’re not very clear, they lack of lot of comprehensive consent requirements present under the MeitY’s consent framwork.”

“It’ll good to learn from the data breaches happening despite there being HIPAA in the US. It’s interesting to note how the US is highlighted difficulty patients have in accessing data.” — Aditi Chaturvedi

Consent from illiterate patients, doctors wary of technologies

An audience member, who identified himself as Raghuram from the life sciences and healthcare practices at NASSCOM, said that there’s need for clarity on [obtaining] consent from illiterate citizens.

Speaking about standards, he queried if India can make an ICD-10 similar to the SNOMED standards, for which India already has a license. The standards can be adopted and the government can release it to all the techology houses, he suggested. “Or maybe India is a large enough country to have its own standards,” he said.
He also said that many of the doctors they [NASSCOM] spoke to were wary of using digital technologies for diagnostics, and so there should be some representation on the legal aspects of using digital technologies.

“The document talks about creating various registries and directories, but do we know the digital landscape of our country?” asked Antony Vipin Das, an eye surgeon at LV Prasad Eye Institute, which has been working with Microsoft India on a AI model for diagnostics. “While we’re listing registries, we need to understand where we stand at the govt and private sector,” he said. Sundar agreed that states are at various levels of development in health.

Standardisation and interoperability

“The decision support system should not be in silos, but should be interoperable.” according to Dr Prashant Mathur, director of ICMR’s National Centre for Disease Informatics and Research (NCRID) in Bangalore, which also runs the National Cancer Registry programme. “There’s a little ambiguity between repositories and registries. In the cancer registry, besides collecting incidence and trend data, we also study patterns of disease and survival studies for cancer, we have been publishing data for in breast, oral, cervical cancer.” This, he says, needs repeated contacts, information, and follow-up treatment, “does the document have clarity on whether all these events should be taken in longitudinally?” he asked.

Ministry of Health representatives also emphasisized on the need and benefits of interoperability. In cool sarkaari parlance, they said, currently the health sector has ‘egosystems‘ and not ‘ecosystems’, meaning all existing systems are siloed and don’t speak with one another, and that it’s important to do that. Stakeholders present in the meeting said. “There are already existing systems and programmes in place, so how do we knit the entire system together?” asked Sudan.

Other issues raised around standards and interoperability:

Ayush Rathi, from Centre for Internet and Society, said that the terms ‘open standards’ and ‘interoperability’ are being used as synonyms. “Open standards may be instituted but they may not be interoperable themselves.” he said.
Abhijeet, sale enablement leader at Philips, said interoperability is a low-hanging fruit, and the benefits can be seen easily and instantly. He also said the action plan is “quite” aggresive, and more specifities and details need to made visible.
Sudeep Dey, Associate VP for IT operations for India for Fortis Healthcare, said data retention has been a challenge. “We have e-precription shops coming up as mom-and-pop stores. A lot of data is getting generated, we need some kind of standards, so everyone can access the system. Fortis gets 20 requests everyday that we have a new e-prescription solution.”

Private sector setting standards?

“One of the major roles of the government will be setting standards,” said Krish Dutta of Relx Group. “Private sector can come up with solutions, but they will not be able to agree on it, because we will all have different opinions. But standard setting is very important, and should be a goal in all domains of digital health.”

Dealing with EHR standards in primary hospitals:

Talking about EHR standards in primary care hospitals, Dr Rajesh Kumar, a dean at PGI-MER, Chandigarh, said most standards like SNOMED are for tertiary care hospitals, but there are many primary care hospitals, which don’t need many elaborate standards. “So can the government some open standards for primary care centres and hospitals, which is not very demanding on softwares.”

“Secondly, we have lot of silos, can we begin within the Health Ministry where APIs can be shared to make existing softwares interoperable. Once this platform starts working, there will be great need for storage space. Our data centre is totally full, we’re looking forward to if the government can bring in guidilines for data storage?” — Dr Rajesh Kumar

To the above query, Preeti Sudan said the guidelines are available, and cloud storage can be bought on GeM platform.

We should draw inspiration from UPI, ecocystem should be ‘rich’, with private and public players:Reliance Jio

Also present in the consultation was a representative from Reliance Jio, Ganesh Kathirasen, VP for digital healthcare. He said the NDHB should be a “rich ecosystem” with both private and public players. The talk of federated architecture shouln’t be limited to just the states, but should include any provider of healthcare data and system in the country.

“People can largely be put in two buckets, providers like hospitals and clinics or consumers who are patients. Both stakeholders should be able to choose any application to enter the system, as long as the software or app adheres to certian minimum regulations by the ministry.”
He said “we can all draw inspiration from UPI, and how its been implemented”. It created a level playing field and its important to mirror something similar in the digital health domain, he said.

Issues surrounding Outcome measures in blueprint

Talking about the outcomes measures defined in the document, Dr Karanvir Singh of Apollo Hospitals, said the outcome measures aren’t clearly defined – and they will be ultimately used to make KPIs. He suggested that the outcome measures be laid out at three levels — ecosystem level, platform, and another level that we didn’t catch.

“For instance, on the ecosystem level, one KPI could the percentage of patients who have managed have a longitudinal record pulled in from various places. Another could be the percentage of doctors who are able to access this longitudinal record. The current KPIs aren’t covering all the three areas, which we can ensure by breaking them up.” — Dr Karanvir Singh

He laid out another two outcomes measures, which according to him, are flawed. “Firstly, that the test is not to be repeated,” referring to the requirement that a patient should be tested “ONCE ONLY”. “But clinically, there are many reasons for repeating a test. So rather than saying once only, which is in caps in the document, it should be to minimize duplications.”

Another outcome measure is that the patient should be treated only at one at one point of care. Based on the capacity and capability of hospitals, patients do get referred from one place to the other. If these are the KPIs, we’re going to get wrong values that the system has failed when it actually hasn’t failed.

Artificial intelligence is brought up

There wasn’t much representation or discussion around artificial intelligence in healthcare. P. Anandan, from Wadhwani Institute for AI, said AI can augment human capacity. AI, data science, and data analytics are all relevant, “however there is some myth and mystery surrounding this technology. Its important to have clarifications around how AI can help, how it should be implemented, and the regulatory aspects around AI, such that privacy and quality of care is assured.” Raghuram from NASSCOM also said AI is also “taking shape in a big way across the continent, and we should have some policies around use of AI in the digital health.”

AYUSH Ministry says it should be involved

A representative from the Ministry of AYUSH, who identified herself as Leena Chattrey, said AYUSH should be part of this document, in a sense wherein “AYUSH can use the data of UID or something similar, and share our data through common APIs. We also want the names of applications or portals developed by AYUSH to be in the document. We want complete or partial integration with building blocks, complete integration can be in patient care and other common interest areas, and partial integration can be done in AYUSH-specific activities.”

COAI marks its attendance, and other comments

Rajan Mathews, Director-General of telecom lobby COAI (Cellular Operators Association of India), expressed concern over the “minimal role operators are asked to play in this,” “you have MeitY, but not DoT”.

We have all these uncovered villages, we know about scope and scale, and even Aadhaar. Aadhaar did not become successful until you involved the operators. So their should be greater inclusion.

Mathews also recommended that there should be an international focus, particularly considering BPO businesses. “Having our requirements that comply with the EU requirements of data privacy and data control, and the American requirements on medical records and documentation, we should have that international focus in terms of the standards of the integration, because otherwise our BPO services will become subject of risk.”

Rahul Pandey from World Bank said that although he’s aware that health is a state subject, and the centre cannot dictate policies, “Many of the state government trying to innovate and thinking of various tools and processes in IT; there could be some kind of guidance to the states to make sure that there is some alignment with the centre.”

Participants in the consultation

Startups: Raxa Health, Relx Group, Wadhwani Institute for AI, mFine
Hospitals: Fortis Healthcare, Apollo Hospitals, AIIMS, PGIMER Chandigarh,
Associations in health: Telemedicine Society of India,
Other associations: NASSCOM, COAI (Cellular Operators Association of India)
Civil society: Centre for Internet & Society, SFLC (Software Freedom Law Centre)
Doctors and medical professions from: Holy Family Hospital, LV Prasad Eyecare Institute
MNCs: Philips, Johnson & Johnson
Others: Ministry of AYUSH, World Bank, ICMR (Indian Council of Medical Research), Access Health

For more details visit https://cis-india.org/internet-governance/news/medianama-trisha-jalan-august-8-2019-ministry-of-health-public-consultation-on-national-digital-health-blueprint

Mining the Web Collective

sharath — 2013-01-06T23:48:20Z

In March 2012, Dr Bruno Latour and his team from the Sciences Po Media Lab organized a workshop that assembled a selected group of researchers from India to explore methods of Controversy Mapping. It was hosted by Dr J. Srinivasan, Director of the Divecha Centre for Climate Change at the Indian Institute of Science, Bangalore, India.

While the context of this workshop focussed on deciphering and mapping opinions related to academic controversies surrounding climate change, the very same techniques of deploying digital tools to crawl through associated content on the websphere, maybe used to map any other controversy that has been actively influencing public and political opinion.

As one of the participants in the workshop, in an attempt to make my interpretation as accessible as possible to a wider inter-disciplinary audience, below is my own assimilation and extrapolation of the musings and discussions that entailed. Further I have drawn out limitations and future directions towards more viable paradigms that augment the mapping and democratization of public opinion.

The session drew an outset around how new digital tools could aid researchers by enabling them to quickly see an individual entity’s data as well as it’s associated aggregates, and register all of this within a single view in real-time. Contrasting the traditional methods of data collection through individual surveys, new digital methods can almost instantaneously bridge the gap between the individual and the collective and help us answer the question that Latour poses in his most recent paper that revisits social theory around the Tardean concept of reciprocally connected ‘monads’ -- ''.... is there an alternative to the common sense version that distinguishes atoms, interactions and wholes as successive sequences (whatever the order and the timing)? An alternative that should not oblige the inquirer to change gears from the micro to the macro levels ..... but remains fully continuous ...'' [Latour et al , 2012].

Encompassing the Collective

The geometric basis of the universe as expressed by Edgar Allan Poe, asserts that the ‘universe.. is a sphere of which the centre is everywhere and circumference nowhere’ (Eureka, p 20) This is essentially a post-Euclidean conception of space, in line with the view of early 20th century physicist Alexander Friedmann who posits that the ‘universe is not finite in space, but neither does space have any boundary’ and so the centre of the universe is relative to every single atom — hence every single observer.

In many ways, the process of data collection and visualization that was carried out at the workshop tried at best to mimic this geometric basis of space. By starting with a single entity (say, mammals) the empiricist begins with nothing more than a named 'label'. One then extends the specification of this entity, by populating a list with an increasing number of elements. This process of 'learning' about an entity is essentially an infinite process, as many abstract associations maybe permitted to enter the list. However, the observer stops this iterative process at a point when he feels that he has enough knowledge to describe the entity within the (seemingly finite) 'scope' of study. What we then have is a highly individualized point of view with respect to one entity that has a view of all it's associated attributes.

It is worth noting here that the attributes themselves can be looked at as individualized entities, and vice versa, from their own view point, depending on the way in which one navigates, thereby making the map invertible. For instance while 'egg-laying' maybe one of the attributes of a 'mammal', if we navigated to define 'egg-laying' to be our starting entity, it's view point can contain attributes like 'mammals' and 'birds'. This process is entirely different from the bottom up approach of constructing a general view by combining individual counterparts. In fact, there is no one general view here, as the picture is an exploded graph emanating from a single entity's view point, each to it's own 'umwelt'.[Kaveli et al, 2010].

(Re)formation of Opinion

The formation of a fundamental percept in the human brain, for instance, during the cognitive activity of reading a text, is in itself a bottom-up serial process where individual words progressively make up semantic associations to form a meaningful structure (just as this sentence), along with contextual association with previously acquired knowledge. This capacity limit for information processing [Rene and Ivanoff, 2005] which is a prerequisite for our highly focussed mechanism of attention is the reason why we cannot capture the entire star map within a single glance at the night sky.

Somewhere down this iterative line of observing an entity, and not having access to all of its attributes in entirety, leads to over-specification and an entanglement with isolated systems, thereby falling into a local maxima as opposed to a global solution. This is the basis of opinion formation and by envisaging it as a 'closed' object it is transformed into a percept, open to interpretation and often conflicting with another, thereby resulting in a controversy.

One of the objectives of the controversy mapping workshop was to transform the 'immutable' percept surrounding a controversy into a visual map that all at once registers weblinked attributes surrounding it, to give us a possibly emergent and unbiased picture.

The Method to the Madness

The process of framing of a ‘controversial topic’ and the collation of massive data and links on the internet that surround the topic could indeed be a cumbersome task. An informed approach is thus required in order to achieve a meaningful result.

Firstly, one needs to consider reliable sources and means of knowledge production that provide enough fuel to kindle the analysis of the controversy. One needs to move on from casual matters of opinion or statements (such as “the cumulative effects of CFC result in ozone layer depletion”) to identifying a hypothesis or theory that is being actively contested by academicians and experts through research and publication. This serves to outline an important preliminary sketch of the controversy that exists within the community.

Secondly, it is essential to remember that specialized researchers do not exist in self-centered isolation but often operate in tandem with multiple stakeholders, investors, donors, sponsors and a diverse audience that they cater to through articles, books, research projects and published journals. For instance, several theorists who are into the business of developing a so-called ‘language of critique’ often ensure through working group meetings that a selected group of researchers are on the ‘same page’ while using common words to canvass a spearhead towards prospective calls from popular journals. At other times, one may perceive a very direct link between mainstream press and cutting-edge research. This group comprising allies and endorsers are an important constituent of the mapping process as they provide key points of entry into the controversy.

Further, as more and more data relating to a controversy is accrued, one must decipher not only how the position of the controversy is being dynamically shaped over time along with its stakeholders but also be able to extrapolate how and why its current position of uncertainty might evolve. This would involve identifying potential points of contention that could respark a debate over an issue that has reached near closure.

Mapping the Controversy around ‘Anthropocene’

The topic chosen by my group (which consisted of scholars Neesha Dutt, Muthatha Ramanathan and Prasanna Kolte) was ‘Anthropocene’, a geo-chronological term that was informally introduced by a Nobel laureate in the field of atmospheric chemistry, Paul Crutzen, at a dinner party. ‘Anthropocene’ apparently marks the post industrial period as a time window that represents the impact that human activities have had on earth’s ecological systems, thereby affecting climate change. The widespread acceptance and popularity of the the word has even seen a move to officially recognize ‘Anthropocene’ as geological unit of time, complemented by a number of dubious research projects that assume the ‘anthropocenic’ view of climate change. The tools used were Navicrawler to populate a massive list of webpages that featured the keyword and other landing websites that each of the webpages point to. The context of the websites based on their content were labelled manually and no native text parsing and analysis was used. An interconnected visual graph structure was then obtained using Gephi, a software that uses Force Layout -2 , a graph layout algorithm for network visualization. [M. Bastian et al, 2009].

Future Directions

Including a layer of geographical representation to the formation and spread of an opinion is a key direction towards which opinion mining and controversy mapping is headed. A limiting factor while crawling articles over the web using currently available digital tools is the inaccurate representation of geographical source. An article posted in a popular science blog in India, may actually have its server hosted in California and this fact may often be abstracted to our crawler.

Furthermore, apart from the geographical source of a web article, an interesting direction would be to employ geo-located public opinion interfaces to collect a sample set of public opinion related to an issue, across diverse geographical locations in realtime. This would serve as valuable layer to overlay onto the controversy web map.

Another constraint of the digital methods referred to here within, is the medium specific approach that does not look beyond the sample space of the internet. Listening to and analyzing internet social media dynamics and combing large data sets to churn out a report is not much of a challenge. Cross media influences in public and political opinion have become increasingly clear with television broadcasts and newspaper reports directly contributing to discussions that happen on internet forums and websites. Take for instance Blue Fin Labs that started off within the Cognitive Machines group of MIT Media Lab. Initially known as the Human Speechome project which used deep machine learning algorithms to map out relationships between spoken word and context, Blue Fin Labs now applies the same technique to map internet comments and posts to corresponding audio-visual stimuli in television broadcasts that caused those comments to be made on the web.

Video

Data visualization of connecting the social graph to the TV content graph

References

Cappi, Alberto (1994). "Edgar Allan Poe's Physical Cosmology". The Quarterly Journal of the Royal Astronomical Society 35: 177–192
Castells, M. (2000). Materials for an exploratory theory of the network society. British Journal of Sociology Vol. No. 51 Issue No. 1 (January/March 2000).
Edgar Allen Poe (1848) ‘Eureka : A Prose Poem'.
Kull, Kaveli 2010. Umwelt. In: Cobley, Paul (ed.), The Routledge Companion to Semiotics. London: Routledge, 348–349.
Latour, B. et al 2012 “The Whole is Always Smaller Than It’s Parts A Digital Test of Gabriel Tarde’s Monads” British Journal of Sociology (forthcoming)http://www.bruno-latour.fr/sites/default/files/123-WHOLE-PART-FINAL.pdf
M. Bastian, S. Heymann, and M. Jacomy, “Gephi: an open source software for exploring and manipulating networks,” in International AAAI Conference on Weblogs and Social Media. Association for the Advancement of Artificial Intelligence, 2009.
M. E. J. Newman, “Analysis of weighted networks,” 2004, arxiv:cond-mat/0407503.
Reynolds, C. W. (1987) Flocks, Herds, and Schools: A Distributed Behavioral Model, in Computer Graphics, 21(4) (SIGGRAPH '87 Conference Proceedings) pp. 25-34.
Rene Marois and Jason Ivanoff, Capacity limits of information processing in the brain, TRENDS in Cognitive Sciences Vol.9 No.6 June 2005
T. M. J. Fruchterman and E. M. Reingold, “Graph drawing by force-directed placement,” Softw: Pract. Exper., vol. 21 no. 11, pp. 1129–1164, Nov. 1991.

For more details visit https://cis-india.org/internet-governance/blog/mining-the-web-collective

Millions of Indians Slam Facebook's ‘Free Basics’ App

subha — 2015-12-30T14:37:09Z

It has been less than two months since the nationwide launch of the Free Basics app in India. The smart phone application (formerly known as Internet.org) offers free access to Facebook, Facebook-owned products like WhatsApp, and a select suite of other websites for users who do not pay for mobile data plans.

This was published in Global Voices on December 29, 2015.

But the app has already been suspended, at least temporarily, as the Telecommunications Regulatory Authority considers new rules governing network neutrality. Depending on how they're written, the rules could render Free Basics a violation of the policy.

Free Basics, which has been deployed in 30 developing countries across the globe, gives users free access to websites that meet Facebook's technical standards for the application. The application does not give users access to the Internet at large. For open Internet advocates, this undercuts consumer choice and violates the principle of network neutrality, under which Internet providers are to treat all Internet traffic equally. Net neutrality allows users equal access to any website they want to visit, and gives website operators equal opportunities to attract visitors.

Facebook has responded to the pending regulation with an aggressive ad campaign both online and off. Over the last week, Facebook users across India (and some in the US) upon logging into the site have been greeted with notifications urging them to take action. The Free Basics page on Facebook now leads to a pleading form that asks users to contact the Telecom Regulatory Authority of India (TRAI) and voice their support for making Free Basics available in India. The company has also purchased a smattering of billboard advertisements across the country and taken out numerous two-page ads in leading national newspapers, as seen above.

The Indian Internet bites back

Indian netizens and activists have spoken out against the company's actions en masse, protesting heavily on social media, blogs and newspapers.

The grassroots open Internet group, SavetheInternet.in, that has been advocating for net neutrality in India throughout 2015, has launched an email campaign asking users to send letters to TRAI explaining how Free Basics violates net neutrality principles and propagates an inaccurate picture of the Internet for new users by placing it inside the confines of Facebook's application.

Multiple stand-up comedy groups have created videos explaining the regulatory debate and supporting net neutrality, which have gone viral:

Above, the third in a series of videos created by All India Bakchod, in partnership with SavetheInternet.in. Below, a video by East India Comedy.

The issue has also been hotly debated on Twitter, with technology and law experts leading the way.

Internet policy expert and lead staff member of the Center for Internet and Society in Bengaluru Pranesh Prakash tweeted:

New Delhi-based technology lawyer Mishi Choudhary, who leads the legal team at the Software Freedom Law Center, tweeted:

The Free Software Movement of India, a non-profit promoting use of free software and its philosophy in India via their local chapters, also has taken the campaign to the streets where the volunteers raised public awareness about Free Basic's adverse side.

Apart from local experts and activists, companies like Reddit, Truecaller and Indian e-commerce platform Paytm have publicly shared their opposition to Facebook's actions.

Facebook targets open Web activists

Facebook is paying close attention to civil society opposition to its activities in India. Across the globe, the company's Free Basics page now opens to a plea for users to contact TRAI, and includes a statement that directly targets open Internet advocates, suggesting that their motives are somehow driven by financial incentives:

…Free Basics is in danger in India. A small, vocal group of critics are lobbying to have Free Basics banned on the basis of net neutrality. Instead of giving people access to some basic internet services for free, they demand that people pay equally to access all internet services – even if that means 1 billion people can't afford to access any services.

SavetheInternet.in explicitly states in their About page that they are entirely volunteer-run and have no affiliation with any political party in India or elsewhere.

Users also have tweeted screenshots alleging that Facebook is restricting access for individuals sending messages opposing Free Basics. This has not been confirmed, but the tweets have only further stoked public frustration with the company.

Zuckerberg vs. SavetheInternet

On December 28, Facebook CEO Mark Zuckerberg penned a piece in the Times of India arguing that Free Basics will help “achieve digital equality for India,” and claiming that the initiative “isn’t about Facebook’s commercial interests.” India represents the world's largest market of Internet users after the US and China, where Facebook remains blocked.

In response, Nikhil Pawa, founder of online portal MediaNama and a volunteer with Savetheinternet.in, authored a critical opinion piece in the same newspaper:

[…] Why hasn’t Facebook chosen the options that do not violate Net Neutrality? For example, in India, Aircel has begun providing full internet access for free at 64 kbps download speed for the first three months….In Bangladesh, Grameenphone users get free data in exchange for watching an advertisement. In Africa, Orange users get 500 MB of free access on buying a $37 handset…

[…]

Facebook is being disingenuous — as disingenuous as the company’s promotional programmes for Free Basics to its Indian users — when it says that Free Basics is in conformity with Net Neutrality.

Pawa also quoted Naveen Patnaik, Chief Minister of Indian state of Odisha, who wrote to TRAI supporting net neutrality. “If you dictate what the poor should get, you take away their right to choose what they think is best for them,” he wrote.

“If you dictate what the poor should get, you take away their right to choose what they think is best for them.”

Writing for Quartz, technology critic Alice Truong expressed similar sentiment: “Zuckerberg almost portrays net neutrality as a first-world problem that doesn’t apply to India because having some service is better than no service.”

For Mahesh Murthy, an Indian venture capitalist and self-described net neutrality activist, it all comes down to revenue. On the Wire, Murthy offered untempered criticism of Facebook and Zuckerberg's efforts to appease the country's leaders:

[..] Unlike Facebook, who tried to silently slime this thing through last year when it was called Internet.org, and then are spending about Rs. 100 crores on ads – a third of its India revenue? – to try and con us Indians this year again. This is after we’d worked hard to ban these kind of products, technically called “zero rating apps” last year.[..] This Facebook ad [spread] doesn’t include the full-on Mark Zuckerberg love event put up for our Prime Minister when he visited the US, aimed again at greasing the way for this Free Basics thing through our government.

For more details visit https://cis-india.org/telecom/blog/millions-of-indians-slam-facebooks-2018free-basics2019-app

MHRD IPR Chair Series: Information Received from University of Madras

Karan Tripathi — 2016-02-19T15:34:57Z

This post provides a factual description about the operation of Ministry of Human Resource Development IPR Chair’s Intellectual Property Education, Research and Public Outreach (IPERPO) scheme in University of Madras. The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non planned expenditure, nature and frequency of programmes organised and the allocation of funds for the same. Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2001-2014.

Nehaa Chaudhari provided inputs and feedback.

To collect the information for the given study, an RTI application was filed to the University of Madras on 16/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 19/03/2015. These are the documents received by CIS from University of Madras:

For RTI Response click here (Univ of Madras – Response to RTI)
For complete supporting documents click here (Univ of Madras – Response and Report)

Hereinafter, in order to receive any information about University of Madras’ RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at University of Madras from 2001-2014

Reply: According to the documents available with CIS, University of Madras submitted the implementation documents only for the period of 2010-2012. Documents for the period of 2001-2009 and 2013-2014 are not submitted by the University.

Documents indicating the date on which such an IPR Chair was set up at your institution and a copy of the application made by University of Madras to the MHRD for instituting such an IPR Chair and documents received by University of Madras from the MHRD approving the same

Reply: The IPR Chair in the Department of Legal Studies, University of Madras was established in the year of 2001 and it has been in an active state. The documents received by the University from MHRD are also submitted in the form of Syndicate letters.

Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme

Reply: Documents regarding this track are not submitted by the University. On the reply letter the University has mentioned that no such documents are available on records.

Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at UNIVERSITY OF MADRAS Roorkee

Reply: The University has submitted utilisation certificates only for the 2010-2012. According to the documents available with CIS, utilisation certificates pertaining to other financial years are not submitted by the University.

Documents regarding all matters pertaining to finance and budget related the MHRD IPR Chair under the IPERPOs scheme established at University of Madras

Reply: Documents pertaining to this track are not submitted by the University. In the RTI reply the University has mentioned that no such information is available on records.

Details of the IPR Chair’s salary under the IPERPO Scheme indicating whether this amount is paid over and above the professional’s usual salary

Reply: Documents required under this track are not submitted by the University. The University, in the RTI reply, has mentioned that the information sought is voluminous in nature and as it will amount to drain on resources, the information seeker is advised to fix up a prior appointment with the HOD to pursue the records.

2.0 Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

The Scheme Document of MHRD (http://copyright.gov.in/Documents/scheme.pdf) is a comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

Objectives

According to the documents available with CIS, University of Madras has organised certain activities under the IPR Chair to fulfil the objectives mentioned in the scheme document. As part of IPR Teaching, an elective course on IPR was introduced under the Choice-Based Credit System (CBCS) for the students in the third semester. In order to fulfil the objectives pertaining to promotion of IPR, the University encourages Master of Law students to select IPR related areas for their dissertation. For furthering its commitment towards IPR research, the University organised a two day national seminar on Emerging Trends in Intellectual Property Rights on 13^th and 14^th October 2011. In addition to this, One day workshop was also organised for the law college teachers from Tamil Nadu and Puducherry on 17^th March 2012.

Eligibility

University of Madras is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

3.0 Financial Analysis

As per the documents available with CIS, financial statements and utilisation certificates is only provided for the period 2010-2012. Therefore, this section would go on to analyse this period only and would not be able to provide information for the period 2001-2009 and 2013-2014.

Financial Year 2010-2011

In this financial year, a total amount of Rs. 30,00,000 was received by the University under the IPERPO scheme out of which a sum of Rs. 1,79,000 was utilized for the purpose for which it was sanctioned.

In this financial year the maximum amount of money was utilised for the salary of the Research officer. As stated earlier, expenditure statement for the costs incurred on other heads are not mentioned by the University.

Financial Year 2011-2012

In this financial year, a total amount of Rs. 30,00,000 was sanctioned to the University by MHRD out of which a sum of Rs. 7,61,614 was utilized for the purpose for which it was granted.

In this financial year also the maximum amount of money was spent on the salary of the Research Officer.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-university-of-madras

MHRD IPR Chair Series: Information Received from Tezpur University

Karan Tripathi — 2016-04-26T16:27:55Z

Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period 2013-2014.

To collect the information for the given study, an RTI application was filed to the Tezpur University on 16/01/2015 by the Centre for Internet and Society. The reply to RTI application was received on 05/02/2015. These are the documents received by CIS from Tezpur University:

For RTI Response click here (Tezpur Receipt of RTI). Also see Tezpur Forwarded Response
For complete supporting documents see (Tezpur- Annual Report, Financial Statement, Report on IPR Cell)

Hereinafter, in order to receive any information about Tezpur University’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

1. Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at Tezpur University from 2003-2014

Reply: Tezpur University has submitted detailed documents for the period 2013-2014 in order to highlight various activities undertaken by the University to implement the IPERPO scheme. This information is sent to CIS through summary documents, notices and newsletters.

2. Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme

Reply: The University received a grant of Rs.25,00,000 from MHRD under the IPERPO scheme for the period 2013-2014.

3. Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at Tezpur University

Reply: The University has submitted the utilisation certificate for the period 2013-2014 along with the expenditure statement.

4. Documents regarding all matters pertaining to finance and budget related the MHRD IPR Chair under the IPERPOs scheme established at Tezpur University

Reply: As per the documents submitted to CIS, the proposed budget for the period 2013-2014 is not submitted by the University. However, the budget for the period 2014-2015 is submitted and the sum of Rs. 49,79,231 is proposed by the University.

2.0 Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

Objectives

In order to fulfil the objectives mentioned in the scheme document, Tezpur University undertook following activities:

Conducted courses in the mainstream undergraduate, post graduate and PhD programmes
Facilitated assessment and IPR filings of university innovations
Field work on Geographical Indication: Muga Silk of Assam
Training of IPR Officers
Outreach programmes at Dilbrugarh University and Silchar
Colloquium on Contemporary Physics and the Role of IPR
Training programmes on traditional knowledge and communication with stakeholders

Eligibility

Tezpur University is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

3.0 Financial Analysis

Tezpur University received grants in two instalments for the same financial year (2013-2014). The first instalment was sanctioned on 19^th August 2013 and the second instalment was sanctioned on 26^th March 2014.

Financial Year 2013-2014

In this financial year a total grant of Rs. 33,00,000 was sanctioned to the University in two instalments of Rs. 25,00,000 and Rs. 8,00,000. Out of this, a total sum of Rs. 35,24,446 was utilised by the University.

It is clear from the above drawn chart that the maximum amount of money was spent on the salaries of Chair Professor and his staff.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-tezpur-university

MHRD IPR Chair Series: Information Received from NLU, Jodhpur

nehaa — 2016-05-26T02:03:42Z

Nisha S. Kumar assisted in compilation of the document.

To collect the information for the given study, an RTI application was filed to NLU, Jodhpur on 09/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 12/03/2015.

These are the documents received by CIS from NLU, Jodhpur:

For the reply to the RTI application click here
For the proposal to establish the IPR chair at NLU Jodhpur click here

Hereinafter, in order to receive any information about NLU, Jodhpur’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at NLU, Jodhpur.

Reply: NLU, Jodhpur has submitted the documents required under this track for the period of 2008-2015. To view the relevant documents, download the file (2008-09 –Part one,Part two and Part three; 2009-10 – Part one, Part two, Part three and Part four; 2010-11 – Complete; 2011-12 – Part one and Part two; 2012-13 – Part one and Part two; 2013-14 - Complete; 2014-15 - Complete).

Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: NLU, Jodhpur has submitted the documents required under this track for the period of 2008-2010 and the financial year of 2013-2014. To view all the documents submitted by the University in reply,click here.(nlu jodhpur F. No. 10.2008-IC’)
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at NLU, Jodhpur.
Reply: The University has provided utilisation certificatefor the period of 2008-11 and 2013-14. To view the supporting documents, click here. (nlu jodhpur Utilisation Certificate’)

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, NLU Jodhpur undertook following activities:

Introduction of UG and PG level courses on IPR
Conducting lecture series on the subject of IPR.
Conducting multiple workshops over the years to further the training of teachers as well as at a student level
Hosting numerous conclaves on the subject of IPR and their relation to business
Providing short term course on training of teachers in the field of IPR
Held various symposiums, seminars and conferences for the furtherance of IPR
Invited esteemed professors from the field for guest lectures
Established an IPR library in the IPR cell

B. Eligibility
NLU, Jodhpur is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
A.Financial year 2008-09

The University received a grant of Rs. 14,00,000 out of which it utilized Rs. 11,90,115 for the implementation of the IPERPO scheme leaving an unspent balance of Rs. 2,09,885.

B. Financial year 2010-11

First installment

The University incurred an expenditure of Rs. 11,27,740 against a grant of Rs. 15,00,000 leaving an unutilized balance of Rs. 3,72,260.

Second Instalment

The University incurred an expenditure of Rs. 26,21,369 against a grant of Rs. 40,00,000 leaving an unspent balance of Rs. 13,78,631 as unutilized balance.

C. Financial year 2013-14

The University incurred an expenditure of Rs. 16,86,566 against a grant of Rs. 36,00,000 leaving an unspent balance of Rs. 19,13,434.

Expenditure Analysis

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlu-jodhpur

MHRD IPR Chair Series: Information Received from NLSIU

nehaa — 2016-05-27T16:15:49Z

Nisha S. Kumar assisted in compilation of this blog post.

The author has analysed all the data received through which, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014. To collect the information for the given study, an RTI application was filed to NLSIU on 17/11/2014 by the Centre for Internet and Society. The reply to RTI application was received on 18/12/2014.

These are the documents received by CIS from NLSIU:

For response to the RTI application click here
For documents related to the establishment of NLSIU's IPR cell and IPR chair click here

Hereinafter, in order to receive any information about NLSIU’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at NLSIU
Reply: NLSIU has submitted the documents required under this track. To view all the documents submitted by the University in reply,click here.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the period of 2004-2013 and 2013-14 have been submitted by the University. To view the supporting documents click here and here.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at NLSIU.
Reply: The University has provided utilisation certificate for the period of 2004-2014. To view the supporting documents, click here

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, NLSIU undertook following activities:

Introduction of UG and PG level courses on IPR
Introduction of PhD fellowships in the field of IPR.
Conducting multiple workshops over the years to further the training of teachers as well as at a student level
Hosting numerous conclaves on the subject of IPR and their relation to business
Providing short term course on training of teachers in the field of IPR
Held various symposiums, seminars and conferences for the furtherance of IPR
Invited esteemed professors from the field for guest lectures
Established an IPR library in the IPR cell
Website on IPR launched

B. Eligibility
NLSIU is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis 2004-05

The University received a grant of Rs. 5,00,000 out of which it incurred an expense of Rs. 9,33,241.

B. Financial year 2008-09

The University incurred an expense of Rs. 14,90,890 against a grant of Rs. 20,00,000 leaving Rs. 5,09,110 as unspent balance.

C. Financial year 2009-10

The University incurred an expenditure of Rs. 23,53,552.17 against a grant of Rs. 15,00,000 and a carried forward balance of Rs. 5,09,110.

D. Financial year 2010-11

The University did not receive any grant, however, it incurred an expenditure of Rs. 32,88,478.

E. Financial year 2011-12

The University received a grant of Rs. 36,67,080 and incurred an expenditure of Rs. 32,11,663 leaving Rs. 4,55,417 as unspent balance.

F. Financial year 2012-13

The University incurred an expenditure of Rs. 37,87,391 against a grant of Rs. 30,00,000 and a carried forward balance of Rs. 4,55,417.

G. Financial year 2013-14

The University incurred an expendiute of Rs. 45,31,927 against a sanctioned grant of Rs. 45,00,000.

Expenditure Analysis for the Financial Year 2012-13

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlsiu

MHRD IPR Chair Series: Information Received from NALSAR

nehaa — 2016-05-15T07:43:20Z

The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non-planned expenditure, nature and frequency of programmesorganised and the allocation of funds for the same. Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014.

To collect the information for the given study, an RTI application was filed to the NALSAR University of Law on 09/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 12/03/2015.

These are the documents received by CIS from NALSAR:

For the response to the RTI application click here
For complete supporting documents click here

Hereinafter, in order to receive any information about NALSAR’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at NALSAR
Reply: NALSAR has submitted the documents required under this track.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the financial year 2013-14 have been submitted by the University.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at NALSAR.
Reply: The University has provided utilisation certificatefor the financial year of 2013-14.
Details of the IPR Chair’s salary under the IPERPO Scheme indicating whether this amount is paid over and above the professional’s usual salary
Reply: The University has submitted all the documents pertaining to the aforementioned query.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document
The Scheme Document of MHRD (http://copyright.gov.in/Documents/scheme.pdf) is a comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, NALSAR undertook following activities:
a. Faculty attendance at WIPO sessions.
b. Publication of IPR Journal
c. Expansion of the IPR section in the loibrary
B. Eligibility
NALSAR is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.
Financial Analysis
The University has provided the utilization certificates for the financial year of 2013-14.
A. Financial year 2013-14

The University received a grant of Rs. 40,00,000 from the Ministry of Human Resource and Development. Further, the unutilized balance of the financial year 2013-13, Rs. 10,02,540 carried over in addition to an interest of Rs. 91,129. The total funds at the University’s disposal amounted to Rs. 50,93,669. The University incurred an expense of Rs. 37,88,349 leaving Rs. 13,05,320 as unspent balance.

B. Expenditure Analysis

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nalsar

MHRD IPR Chair Series: Information Received from JNU

nehaa — 2016-05-15T03:43:30Z

To collect the information for the given study, an RTI application was filed to the Jawaharlal Nehru University, Delhi on 18/12/2014 by the Centre for Internet and Society. The reply to RTI application was received on 24/02/2015. Subsequently, a second RTI application was filed by the Centre for Internet and Society on 09/02/2015. The University replied to the same on 26/03/2015.

These are the documents received by CIS from JNU:

For the response to the first RTI application click here
For the response to the second RTI application click here
For the report submitted by the University click here

Hereinafter, in order to receive any information about Jawaharlal University’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at JNU.
Reply: The University submitted that there has been a release of Rs. 10,00,000 as a sanctioned amount by the MHRD under the IPERPO scheme. However, the same has not been utilized in any manner to further the objectives of the scheme. The reason is that the University believes this amount to be inadequate and has requested additional funds from the MHRD.

Documents on the release of grants to the MHRD IPR Chairs under the IPERPO scheme at JNU for the year 2013-14.
Reply: The University clubbed the answer to this with the aforementioned query.
Documents relating to receipts of utilization certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO Scheme for the year 2013-14 at JNU.
Reply: The University has not provided any such documents in relation to the grant received.

Documents regarding all matters related to finance and budget related to the MHRD IPR Chair under the IPERPO scheme 2013-14 established at JNU.
Reply: The University did not submit any documents in this regard and replied that this information may be sought from the concerned Centre/School.

A. Objectives
The University has submitted that there have been no activities undertaken to further the objectives of the IPERPO scheme.

B. Eligibility
Jawaharlal Nehru University, Delhi is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
The University has not provided any documents on this subject.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu

MHRD IPR Chair Series: Information Received from IIT, Madras

nehaa — 2016-05-24T17:12:48Z

Nisha S. Kumar assisted in compilation of the document.

The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non-planned expenditure, nature and frequency of programmes organised and the allocation of funds for the same. Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilization of funds by the aforementioned university as provided by the MHRD during the period of 2006-2014.

To collect the information for the given study, an RTI application was filed to the Indian Institute of Technology, Madras on 17/12/2014 by the Centre for Internet and Society. The reply to this RTI application was received on 02/02/2014. Following the inadequacy of the response by the institute, the Centre for Internet and Society filed a second RTI application on 09/02/2015. The reply to this application was received on 12/03/2015. These are the documents received by CIS from IIT Madras:

Click for response to first RTI and supporting documents provided click here
For response to second RTI application click here

Hereinafter, in order to receive any information about IIT Madras’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at IIT Madras from 2006-2014
Reply: IIT Madras replied that there is no report with respect to the implementation of the scheme and the IPR chair at IIT Madras.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: The University received a grant of Rs. 25,00,000 from the Ministry of Human Resource and Development under the IPERPO scheme. This amount was sanctioned for the purpose of furthering the objectives of the scheme.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at IIT Madras.
Reply: The University has submitted utilization certificates from 2006 to 2014.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

A. Objectives
The University has not provided any documents detailing any activities undertaken to further th objectives of the IPERPO scheme.

B. Eligibility
IIT Madras is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
The University has provided the utilization certificates for the period 2006-2014.

A. Financial year 2006-07

A sanctioned amount of Rs. 25,00,000 was received by the University with a carried forward balance of Rs. 1,09,119. There were no expenditures incurred by the University.

B. Financial year 2007-08

The University did not receive any grant from the Ministry of Human Resource and Development. However, last year’s unutilized balance of Rs.26,09,119 carried over with an additional Rs. 2,00,000 received as interest. There were no expenses incurred.

C. Financial year 2008-09

The University did not receive any additional grant from the Ministry, however, last year’s unutilized balance of Rs. 28,09,119 carried over with an additional Rs. 2,00,000 received as interest. There were no expenses incurred.

D. Financial year 2009-10

The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 30,09,119 carried forward entirely with an additional Rs. 1,33,177 received as interest. There were no expenses incurred.

E. Financial year 2010-11

The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 31,42,296 carried forward entirely with an additional Rs. 1,33,176 received as interest. There were no expenses incurred.

F. Financial year 2011-12

The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 32,75,472 carried forward entirely with an additional Rs. 1,33,176 received as interest. There were no expenses incurred.

G. Financial year 2012-13

The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 34,08,648 carried forward entirely with an additional Rs. 1,33,176 received as interest. There were no expenses incurred.

H. Financial year 2013-14

The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 35,41,824 carried forward entirely with an additional Rs. 1,33,176 received as interest amounting to a total of Rs. 36,75,000. Expenses amounting to Rs. 5,25,783 were incurred by the University leading to an unspent balance of Rs. 31,49,217.

An expenditure breakdown has not been provided by the University.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-madras

MHRD IPR Chair Series: Information Received from IIT, Kharagpur

nehaa — 2016-05-15T06:19:57Z

To collect the information for the given study, an RTI application was filed to IIT, Kharagpur on 25/11/2014 by the Centre for Internet and Society. The reply to the same was received on 17/12/2014. Following this, a second application was filed on the 10/03/2015 by the Centre for Internet and Society. The reply to RTI application was received on 17/04/2015.

These are the documents received by CIS from IIT, Kharagpur:

For the reply to the first RTI application click here
For the reply to the second RTI application click here
For the documents detailing the proposal for the setting up of IPR chair in IIT, Kharagpur, click here
For the documents detailing the minutes of the meeting regarding the setting up of the IPR chair in IIT, Kharagpur, click here

Hereinafter, in order to receive any information about IIT, Kharagpur’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at IIT, Kharagpur
Reply: IIT, Kharagpur has submitted the documents required under this track.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the year 2006 and 2013 have been submitted by the University.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at IIT, Kharagpur.
Reply: The University replied that it has not received any confirmation from the MHRD regarding the mentioned documents.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document
The Scheme document of MHRD is comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, IIT, Kharagpur undertook following activities:
a. Conducting multiple workshops over the years to further the training of teachers as well as at a student level
b. Hosting numerous conclaves on the subject of IPR and their relation to business
c. Providing short term course on training of teachers in the field of IPR
d. Held various symposiums, seminars and conferences for the furtherance of IPR
e. Hosted various interactive platforms regarding IPR
f. Undertook research collaborations in IPR
B. Eligibility
IIT, Kharagpur is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
The University has not provided documents regarding any financial analysis.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kharagpur