Centre for Internet and Society

Tech companies like Gmail, WhatsApp may be asked to store user information

praskrishna — 2016-10-14T01:12:14Z

The government is moving to formulate rules that will require technology ‘intermediaries’— including email services like Gmail, chat apps such as WhatsApp and Snapchat or even ecommerce firms like Amazon — to retain user information, a development that is expected to be met with determined opposition.

The article by Surabhi Agarwal was published in Economic Times on October 14, 2016. Pranesh Prakash was quoted.

What the government is looking to do now is draft rules for Section 67C of the Information Technology Act, and this will be done by a committee that has been set up for the purpose. The rules — whose drafting has been waiting since 2008 — will spell out what type of data has to be stored, in which format, and for how long, according to three members of the newly-formed committee. All this so that law-enforcement agencies can access the information if they need it.

Sharing of information between foreign firms and the Indian government has been a contentious issue, and experts said the mandate may be impossible to implement for firms such as WhatsApp that promise end-to-end encryption. Or for Snapchat – a chat app where messages disappear within seconds and are not even stored on the company’s servers.

Firms may also oppose the diktat, especially since most of them are not governed by Indian laws and also due to the high cost of data retention.

The committee is headed by additional secretary in the ministry of electronics and IT (MEITY), Ajay Kumar, and has one representative each from the ministry of home affairs, department of telecom, department of personnel and training, Nasscom, Internet Service Provider Association of India (ISPAI), along with an advocate specialising in cyber law and a few officers from MEITY. The first meeting of the committee took place in the last week of September.

“This is a fairly complex issue, compounded by the general lack of understanding of mobile apps and over the top service providers,” said a person on the committee who did not wish to be identified. This person said that most technology players are based in the United States and they have always been at loggerheads about sharing of information with the government. “Even if it is for national security reasons, how much are these companies answerable to the Indian security establishment? And we do know how Apple refused to unlock the phone even for FBI."

Google and Facebook did not respond to requests for comment.

‘Huge balancing act’

Supreme Court lawyer and cyber law expert Pavan Duggal said the section has been drafted in very “broad” terms and the move may be driven by the realisation that these companies are huge data repositories – some of which might be relevant to law enforcement investigations. “It will have to be a huge balancing act and will be interesting to see what this committee decides,” added Duggal.

While Section 67C refers to the obligation of the service providers to retain information, the nature of the data to be retained and the time period is not specified. Companies which do not comply with the law can be levied fine and its officers sent to jail.

Another member on the committee said the ambit of this task is huge. “In the last meeting we argued that the rules should be the same for everybody and there should be no differential treatment for foreign companies such as Google or Microsoft,” he said. This person said that ambiguity is rampant as various government arms have different sets of rules for data retention.

For instance, the Department of Telecommunications (DoT) asks for data to be stored for six months, while the Registrar of Companies mandates some information to be retained for one year while the income-tax rules mandate data storage for six-seven years. “There has only been one meeting so far. It is a long procedure and will require several rounds of consultation,” said a third person on the committee.

Privacy activists like Pranesh Prakash of the Centre for Internet and Society said that one of the principles that’s frequently cited while discussing international practices on surveillance is that data retention should not be required of service providers.

And internationally too, there is no standard on this issue. “There were norms at the European Union-level regarding data retention, but they were struck down in 2014 by the European Court of Justice as being violative of human rights,” he said.

For more details visit https://cis-india.org/internet-governance/news/economic-times-october-14-2016-surabhi-agarwal-tech-companies-like-gmail-whatsapp-may-be-asked-to-store-user-information

Grants:APG/Proposals/2014-2015 round2/The Centre for Internet and Society/Impact report form

hasan — 2016-10-09T14:40:36Z

This form is for organizations receiving Annual Plan Grants to report on their results to date. For progress reports, the time period for this report will the first 6 months of each grant (e.g. 1 January - 30 June of the current year). For impact reports, the time period for this report will be the full 12 months of this grant, including the period already reported on in the progress report (e.g. 1 January - 31 December of the current year).

Read the original published on Wikimedia Blog here.

This form includes four sections, addressing global metrics, program stories, financial information, and compliance. Please contact APG/FDC staff if you have questions about this form, or concerns submitting it by the deadline. After submitting the form, organizations will also meet with APG staff to discuss their progress.

Global metrics overview - all programs

We are trying to understand the overall outcomes of the work being funded across our grantees' programs. Please use the table below to let us know how your programs contributed to the Global Metrics. We understand not all Global Metrics will be relevant for all programs, so feel free to put "0" where necessary. For each program include the following table and

Next to each required metric, list the outcome achieved for all of your programs included in your proposal.
Where necessary, explain the context behind your outcome.
In addition to the Global Metrics as measures of success for your programs, there is another table format in which you may report on any OTHER relevant measures of your programs success.

For more information and a sample, see Global Metrics.

Overall

Metric	Achieved outcome	Explanation
1. # of active editors involved	157	CIS-A2K has been able to increase participation of female editors across its Focus Language Areas.
2. # of new editors	799	Our WEP initiatives have helped in introducing and retaining editors across FLA (except for Odia).
3. # of individuals involved	1200	Public events and anniversary celebrations held in Odia and Kannada have helped Wikimedia projects in reaching the general public as these events have been widely covered by media.
4. # of new images/media added to Wikimedia articles/pages	2823	Photo-walks, WEP activities and image re-licensing efforts have helped the A2K team in achieving this metric.
5. # of articles added or improved on Wikimedia projects	18998	Thematic edit-a-thons anchored by A2K and Collaborative edit-a-thons that have been supported by A2K have been a big hit during the last grant period amongst Indic Wikimedians.
6. Absolute value of bytes added to or deleted from Wikimedia projects	109.64 MB

Kannada

Metric	Achieved outcome	Explanation
1. # of active editors involved	23	As of now the Kannada community is relatively small, A2K would like to expand the user and editor base by taking Wikimedia activities to various parts of the state.
2. # of new editors	609	These numbers include new editors from WEP initiative and editathons conducted as part of 13 Kannada Wikipedia anniversary.
3. # of individuals involved	700	Public event organised during the 13th Kannada Wikipedia anniversary has boosted our reach.
4. # of new images/media added to Wikimedia articles/pages	1290	Due to the Photo walk organised as part of the 13th year Kannada Wikipedia anniversary celebrations.
5. # of articles added or improved on Wikimedia projects	8132	Most of the articles created under WEP initiative are still under sandbox (as a quality enforcing measure), hence the number is low. The number also includes Wikisource folios.
6. Absolute value of bytes added to or deleted from Wikimedia projects	56.5 MB

Konkani

Metric	Achieved outcome	Explanation
1. # of active editors involved	4	Activities in Konkani Wikipedia dipped after the project became live.
2. # of new editors	20	The new editors were introduced to Konkani Wikipedia with the help of Nirmala Institute of Education, Panjim an institutional partner of CIS-A2K.
3. # of individuals involved	50
4. # of new images/media added to Wikimedia articles/pages	34
5. # of articles added or improved on Wikimedia projects	1546	Konkani Wikipedians took the project of creating one article per village in Goa quite enthusiatically.
6. Absolute value of bytes added to or deleted from Wikimedia projects	8.11 MB

Marathi

Metric	Achieved outcome	Explanation
1. # of active editors involved	64	Events conducted at Pune University, Pune and IIT-Bombay involved existing Wikipedians.
2. # of new editors	59	Activities conducted at SWERI, Pandharpur, TISS, Mumbai and IIT-Mumbai have contributed to this.
3. # of individuals involved	150	Involvement of Maharashtra Knowledge Corporation Limited opened up new readership to get involved in Marathi Wikimedia projects.
4. # of new images/media added to Wikimedia articles/pages	27	A2K team could not organise a dedicated photo walk or invest in image re-licensing activity.
5. # of articles added or improved on Wikimedia projects	331	Although the number of the articles is low, many new female editors were introduced and have taken up editing on Marathi Wikipedia.
6. Absolute value of bytes added to or deleted from Wikimedia projects	2.64 MB

Odia

Metric	Achieved outcome	Explanation
1. # of active editors involved	21	Wiki Tungi activities are lead by active Wikimedians from the Odia community.
2. # of new editors	56	Nabakalebara edit-a-thon gained a lot of currency on the social media platforms which in turn resulted in new editors for Odia Wikimedia projects.
3. # of individuals involved	120	Three events with Puri WikiTungi (Puri Workshop, 15th Anniversary celebration, and Mission Odisha event), Wikipedia workshop in Utkal University.
4. # of new images/media added to Wikimedia articles/pages	601	Nabakalebara edit-a-thon had an in-built component of adding images related to the Rathayatra.
5. # of articles added or improved on Wikimedia projects	1780	Only pages created in Odia Wikipedia and Odia Wikisource are indicated and not article improved.
6. Absolute value of bytes added to or deleted from Wikimedia projects	9.56 MB

Telugu

Metric	Achieved outcome	Explanation
1. # of active editors involved	30
2. # of new editors	45	Need to try getting more New users on to the board.
3. # of individuals involved	150
4. # of new images/media added to Wikimedia articles/pages	871
5. # of articles added or improved on Wikimedia projects	1342	Includes folios digitized in Wikisource.
6. Absolute value of bytes added to or deleted from Wikimedia projects	7.23 MB

Train-a-Wikipedian

Metric	Achieved outcome	Explanation
1. # of active editors involved	15	Editors who have participated in at least one training session.
2. # of new editors	10	Editors who got beginners' training (includes account creation and basic Wikipedia training such as Wikiformatting, components of Wikipedia, article structure).
3. # of individuals involved	30	#1+#2 and the people who were involved during training sessions.
4. # of articles added or improved on Wikimedia projects	5867
5. Absolute value of bytes added to or deleted from Wikimedia projects	25.6 MB

Telling your program stories - all programs

Please tell the story of each of your programs included in your proposal. This is your chance to tell your story by using any additional metrics (beyond global metrics) that are relevant to your context, beyond the global metrics above. You should be reporting against the targets you set at the beginning of the year throughout the year. We have provided a template here below for you to report against your targets, but you are welcome to include this information in another way. Also, if you decided not to do a program that was included in your proposal or added a program not in the proposal, please explain this change. More resources for storytelling are at the end of this form. Here are some ways to tell your story.

We encourage you to share your successes and failures and what you are learning. Please also share why are these successes, failures, or learnings are important in your context. Reference learning patterns or other documentation.

Make clear connections between your offline activities and online results, as applicable. For example, explain how your education program activities is leading to quality content on Wikipedia.

We encourage you to tell your story in different ways by using videos, sound files, images (photos and infographics, e.g.), compelling quotes, and by linking directly to work you produce. You may highlight outcomes, learning, or metrics this way.

We encourage you to continue using dashboards, progress bars, and scorecards that you have used to illustrate your progress in the past, and to report consistently over time.

You are welcome to use the table below to report on any metrics or measures relevant to your program. These may or may not include the global metrics you put in the overview section above. You can also share your progress in another way if you do not find a table like this useful.

A2K key activities

During this grant period CIS-A2K has organized and supported a number of events in collaboration with Indic Wikimedia community members. Some of those are:

July 2015	August 2015	September 2015
Konkani Wikipedia goes live, (See more)	Telugu Wikipedia edit-a-thon at Annamacharya library Tulu Wikipedia edit-a-thon in Mangalore (See more)	Seminar on "Empowering Marathi Schools", Pune, Kannda Wikipedia meetup (See more)
October 2015	November 2015	December 2015
Konkani language book donation (See more)	4 Indic language communities IRC meeting, Community discussion for making Tulu Wikipedia live (See more)	Sau Dhuni Teen Project: December Wikipedia Edit-a-thon, Initiative to bring 1000 books about the culture of Maharashtra on Marathi Wikipedia (See more)
January 2016	February 2016	March 2016
Konkani-language Edit-a-thon and English-Romi Konkani dictionary release, Geographical Indications in India Edit-a-thon (See more)	Digitisation sprint at Andhra Loyola College, Kannada Wikipedia's 13th anniversary (See more)	(See more) National Wikipedia Education review program, Odia-language Women’s History Month edit-a-thons (See more)
April 2016	May 2016	June 2016
Odia Wikipedia's 14th anniversary (See more)	Mini TTT and MWT in Pune, Advanced training for Kannada-language Wikimedians (See more)	Train the Trainer 2016, MediaWiki Training (See more)

Capacity building

Train the Trainer

Train the Trainer (or TTT in short) is a residential program that attempts to groom leadership skills among the Indian Wikimedians. Participating Wikimedians interact with A2K staff members and community leaders towards designing, implementing and documenting activities such as outreach, GLAM projects, edit-a-thons, etc. Various topics such as grants' structure, funding opportunities both with A2K and WMF, effective reporting and documentation, use of Global and other metrics, etc., are also covered.

After the first 2 iterations in 2013 and 2015, the third iteration of the training program was conducted in June 2016.

Diversity

In this iteration—

Language: 16 Wikimedians from 10 different language communities participated as shown in the pie chart below.

Participants of TTT 2016, representing different language communities

Gender: This year we had 5 female participants (out of 15 participants). After the 2013 iteration we felt we should try to encourage more female Wikipedians to participate in TTT. However, this does not mean that we had any different eligibility criteria set for the female Wikipedians.

Participants division by gender

Representation of Indic Wikimedia communities: We had participants from all over India. Although TTT is a national-level event, we also had participants from outside of India (Nepal and Sri Lanka).

Lessons learnt

TTT 2016 participants

After the 2015 version we found that a few participants faced difficulties to understand and work on the pre-event presentations. This year (2016), we have given more detailed instructions and were in touch with the participants while they were doing pre-event works.
By dovetailing TTT and MWT, A2K team was able to bring Indic Wikimedians working for outreach and on technical front together. This helped the participants to create a wishlist regarding tools, gadgets, and other technical help required to conduct effective outreach activities.

Based on participants' feedback and suggestions plus our own observations, while keeping Wikimedia Foundation's guidelines in mind, we make necessary changes to our program structure. In this year's TTT we made a number of changes‖

We encouraged more eligible female editors to participate.
We found that the objective and aims of the event remained unclear to a few participants in the earlier iterations. This year we have given more attention to explain the program's objectives, aims and expectations.

Challenges

We expected that the participants would be in touch with us while planning, conducting, and making reports of an event. After 2015 TTT^[1] we found a few participants did not respond to our emails or messages.
While TTT 2016 participants have shown active interest during WCI-related edit-a-thon, the same level of interest was not seen during regular monthly meetups.
Despite having communicated to the TTT 2015 participants that a mini TTT should be organized in their communities, however this was not taken up actively.

Mediawiki Training

Participants of MWT 2016, during the workshop

MediaWiki Training (MWT) is an annual residential training workshop that intends to bridge the prevalent gap between outreach volunteers and MediaWiki volunteers and developers. MWT attempts to create and groom 'tech' leaders from the existing Indian language Wikipedians. It aims to facilitate discussions around nurturing leadership regarding technical issues such as filing bugs that hinder the growth of Indian language Wikipedia and Wikimedia projects. At the same time, it encourages active contribution towards improving the existing MediaWiki software from the participants to understand importance of utilizing technology for outreach activities.

The first iteration of the event was held on 24-27 June 2015. 14 editors from 8 Indic communities participated in this workshop. Some of the topics taught during the workshop were: Bugs -presentation, demo & case study, Bots - Pywiki & AWB, MediaWiki tools, TranslateWiki, Quarry, WikiMetrics, APIs, User scripts.

The second iteration of the workshop was conducted on 17-19 June 2016 in Bangalore. MWT 2016 was planned to facilitate an idea-exchange platform between outreach volunteers and MWT participants. 11 editors from 6 Indic Wikimedia communities recieved training during this workshop. Some of the topics discussed during the program were Wikidata, usage of Wikimedia labs tools, templates and infobox creation, as well as AutoWikiBrowser (AWB).

Lessons learnt

Ensure better logistics co-ordination thus guaranteeing involved participation from the participants.
Priority topics must be given more time.

Challenges

Scheduling follow-up events such as mini version of MWT across Indic Wikimedia communities.
To identify female Wikimedians and encourage them to participate in MWT.

Train-a-Wikipedian

Train-a-Wikipedian session in Hyderabad on 15 May 2016

Train-a-Wikipedian (TAW) was started in December 2015 to identify enthusiastic Indic Wikipedians, to train and groom them to develop their editing skills. Inspired by the Adopt-a-User program of the English-language-Wikipedia, this initiative is working on encouraging new Wikimedians who nominate themselves to learn basic Wikimedia policies. Until 30 June 2016, more than 25 training sessions have been conducted.

The concept of Train-a-Wikipedian was appreciated by several Indic Wikimedians from different communities.
More than 25 Wikimedians signed up for this program.

Reflections

These are some of the reflections/feedback we received from Train-a-Wikipedian participants:

Username

	Community	Topics/Learnings	Feedback/Reflections
User:Nrgullapalli (Training page)	Telugu Wikipedia	Policy discussion such as civility, stub, How to search in a better way using operators etc on the web to get references Introduction to The Wikipedia Library / Resource exchange / CIS-A2K Resource exchange.	“ The training was helpful, I learned a couple of new tools. But I feel such trainings should be conducted on regular basis and follow-ups should be done. ”
User:Mouryan (Training page)	Bengali Wikipedia	Essentials of conducting local Wiki-event. Using special pages such as Special:UncategorizedPages,, Special:ShortPages etc., Google Books citation, Metrics.wikimedia.org	“ It was amazing and a quite enriching experience for me at a personal level sir. The things I learnt at Train-a-Wikipedian Hyderabad actually paid the results soon enough.and it enabled to successfully conduct my first offline Wikipedia Meetup in Kolkata just within one month's time. . . ”
User:Rajasekhar1961 (Training page)	Telugu Wikipedia	AdminTools such as MoreMenu, QuickWikiEditor, Citation making using Google Books citation tool, autofilling (from reftoolbar), DOI citation tool; Quick Page purging	“ I picked up some very useful skills & learnt good tools. But, I became a little inactive after that so could not utilize these learnings much. I hope to do so in future.

Lessons learnt

This initiative was inspired by English Wikipedia's program Adopt-a-user, however we found that we must make necessary changes to meet requirements of Indic Wikimedians.
Real-life training sessions left a deeper impact and motivated Wikimedians much more than online training modules.

Challenges

We failed to conduct sufficient number of offline training sessions.
Follow-ups have not been done for a couple of workshops, for example a TAW workshop was conducted in Hyderabad on 15 May and was well-received, but no follow-up TAW workshop has been conducted since then in the city.
From A2K's side sometimes there were delays in connecting and co-ordinating with the signed-up participants. On the other hand sometimes, we did not got responses from the participants when we contacted them.

Policies and guidelines on Indic Wikipedias

Indic Wikipedia policy handbook

CIS-A2K started working on a project to support and encourage Indic Wikipedians to create and/or localize policies in their native languages. A survey was conducted and a policy handbook was also created.

Lessons learnt

Efforts must be taken to initiate discussion regarding creation, localisation of policies in events organized by A2K

Challenges

Although a few policy-discussion meetups have been conducted (such as this one), we faced difficulties finding volunteer translators to translate the handbook into Indic languages.

Play media

Dr. Soubhagyavathi talks about Kannada Wikipedia

Kannada

Kannada Wikipedia Edit-a-thon partcipants at DSERT in January 2016

Kannada Wikipedia has reached the 20,000 article mark during this year. Kananda community members collaboratively designed the plan for the 13th Kannada Wikipedia anniversary. This activity brought together Wikimedians from different parts of Karnataka. By applying for a PEG Kannada Wikipedians have interacted with global Wikipedians and WMF staff. This event resulted in new editors and outreach activities in various parts of Karnataka. A2K has appointed a Program Associate as per its revised strategy A2K 2.0 for Kannada Wikimedia projects.

Institutional partnership

Two new partnerships have been initiated during this grant period–

The Department of State Educational Research and Training (DSERT), Government of Karnataka and
Alva's Education Foundation at Moodabidri.

While Alva's Education Foundation is going to be a partner in implementing Wikipedia Education Program. DSERT is an institution that trains school teachers all across Karnataka state. A2K will be training the trainers about using and editing Wikipedia and other Wikimedia projects in the context of their classroom. However, the 3 other institutional partnerships - Karnataka Janapada University, Manjusha Museum, Dharmasthala, and Tumkur University, Tumkur- that were anticipated during the writing of workplan, could not materialize. This was due to the delay in recruiting a Program Associate for the Kannada Wikimedia projects.

A2K has successfully continued its earlier partnerships and has benefited from their advice regarding our WEP activities and workplan.

Awareness and Outreach

Both the DSERT partnership and the 13th anniversary helped raise awareness around thematic article writing which encouraged Kannada Wikipedians to engage in projects. Various editing projects on literature, science, engineering subjects were taken up actively by the community members. Approximately 225 articles were created exclusively as part of 13th year anniversary celebrations.

Offline versions of Kannada Wikipedia (using kiwix) were distributed through flash drives like this during 13th year Kannada Wikipedia anniversary

CIS-A2K also tried to engage in skill-building activities for the Kannada community members. As per the requests from volunteers, capacity building programs were arranged both in groups and in one-on-one settings to individual Wikimedians. Both TTT and MWT saw active participation from Kannada community. The results of these would be visible in the coming months.

In order to increase the offline readership of Kannada Wikipedia, offline versions of Kannada Wikipedia (using kiwix) were distributed through flash drives during 13th year Kannada Wikipedia anniversary held at Mangalore. 50 such flash drives have been distributed so far to those in need.

Lessons learnt

Kannada was not properly represented in terms of blogs and media coverage and we have been working on addressing this issue.
A better communication method would be devised with inputs from the community members.

Gating factors

A2K has not been successful towards re-releasing of textbooks published by the Government of Karnataka under CC-by-SA licences.

An orientation for Kananda bloggers, some of who could be potential Wikimedians, has not taken place.
Some community members have repeatedly emphasized on having better communication, documentation of activities taken up by the Program Associate.

Odia

Active editors in Odia Wikipedia during the period July 2015 to Feb 2016

Through the community building activities such as the formation of Puri WikiTungi and revival of Bhubaneswar WikiTungi, active editors of the Odia Wikipedia movement reached 30 editors (as of 30 June 2016). Regular follow-up with Wikimedians on-Wiki and via different social media channels along with monthly meetups has helped in editor retention. This has further encouraged Odia Wikimedians to participate in both on-Wiki and off-Wiki activities.

CIS-A2K has supported the community to celebrate the 14th Anniversary of Odia Wikipedia, which facilitated 30 Wikimedians to meet and discuss the future activities for Odia Wikimedia projects.

Formation of Puri WikiTungi

Play media

Adyasha Sahu a Wikimedian from Puri community sharing her journey in the Wikimedia movement.

Puri WikiTungi is a city-based editing group formed by Wikimedians from Puri to spread awareness about Odia Wikimedia projects in and around the city. This group was formed after the first Wikipedia workshop in Puri. Around 30 individuals attended the workshop. 14 participants from this workshop have emerged as active editors on Odia Wikipedia and Odia Wikisource. They are also involved in conducting offline meet-ups, seminar and workshops.

Bridging the Gender gap

Gender diversity in Odia Wikimedia community during 2014-16. For this statistics Odia Wikipedia and Odia Wikisource have been considered.

CIS-A2K has engaged with seven new female Wikipedians and this has resulted in their active participation on Odia Wikimedia projects. One of the female Wikmedians, Chinmayee Mishra has independently conducted a Wikipedia orientation workshop. This workshop has boosted participation of female Wikipedians. Their efforts have been discussed through blog posts and other social media platforms.

Lessons learnt

Two organizations are unofficially supporting Odia Wikimedia community by providing meetup space and internet access for Bhubaneswar and Puri WikiTungis. A2K must make official agreements with these institutions.

Gating factors

Failed to build a partnership with any institution for running Education program for Odia Wikimedia projects. Awareness about the importance of WEPs is required for achieving this.

Telugu

A2K team has been successfully collaborating with Telugu Wikipedia community to improve content quality on Telugu Wikipedia and strengthen the community by increasing its reader and editor base. The team also shares ideas by providing and extending support such as involving community members in discussions with potential partners and designing programs based on their suggestions. Such collaboration has strengthened communities to conduct many Edit-a-thons which have resulted in a wide variety of quality articles. A2K intends to continue such collaborative activities resulting in improvements of stub and poorly translated articles.

Activities and Events

CIS-A2K team has been involved in conducting (holding or co-ordinating) several edit-a-thons in Telugu Wikimedia community, while a few were anchored in Telugu, others were multi-lingual. Many initiatives of the last grant period (i.e. July 2014 to June 2015) have been continued. A2K and the community have collaboratively organised an of sharing resources has resulted in which focused on improving Telugu movie articles. Community members have expanded stubs with information, references and photos. For the edit-a-thon A2K provided resources and references and the community members developed stub articles and created new articles.

Capacity building activities have also been carried out with Telugu Wikipedians. A copyrights session was conducted to improve Telugu Wikimedians' understanding on the subject and clear doubts for Wikisource contributors. Community members, Meena Gayathri and T.Sujatha, attending CIS A2K's Train-a-Wikipedian session have expressed that they gained invaluable knowledge and skills in content translation. The two later initiated a project to improve the quality of Google Translated articles. More than 30 such articles have been improved through it.

Similarly, the Quick introduction sessions held in Hyderabad community meet-ups by CIS A2K helped explain some online tools usage and enabled Wikipedians to contribute better for Wikimedia projects. One of the most active Wikipedians, Swaralasika, said that he was able to make better citations after the sessions which has helped him improve his editing.

Institutional Partnership

With the institutional partnerships established between CIS A2K and Annamayya library, Telugu Wikisource community members have uploaded some of the missing pages in on Telugu Wikisource. Due to the attempts of the community members towards proofreading these books can be downloaded now. The Andhra Loyola College partnership has also cultivated new editors and engage in WEP activities.

Outreach and Media

Increased media coverage has helped the cause of Telugu Wikimedia projects. Hard work of several Telugu Wikipedians (such as Pranayraj and Viswanadh) has been recognized and highlighted. Pranayraj points out that the media coverage helped him reach more people who want to contribute to Wikipedia.

Lessons learnt

A2K team has been working to make Telugu Wikipedia more visible in popular Telugu media, especially in printed media such as off-wiki and on-wiki events coverage in major local newspapers like Eenadu, Sakshi, Andhra Jyothi
WEP activities at partner institutions need to be synchronized with their academic schedule.

Gating factors

Technical support requests from the community were delayed on our end. To overcome this, we are trying to find interns to assign technical tasks requested from communities.

Konkani

Play media

Darshan Kandolkar talks about Konkani Wikipedia

Having gone live since July 2015 after nine years of incubation, Goan Konkani Wikipedia has developed and expanded with the help of CIS A2K to draw more contributors and resources into the project. CIS-A2K has attempted to develop Konkani Wikipedia in all the three scripts (Romi, Devanagari, Kannada). Institutions such as Thomas Stephen Konkani Kendra (TSKK) for Romi script, Goa Konkani Sahitya Academy for Devanagari script, Karnataka Konkani Sahitya Academy for Kannada script have agreed to donate content.

Department of Computer Science, Goa University, had organized an edit-a-thon to include the villages of Goa state on Konkani Wikipedia.

Due to the discontinuation of the Program Associate for Konkani, several of our programmatic activities have not been accomplished during this grant period.

Partnership

In the past year, CIS-A2K had the honour to collaborate with Mannd Sobhaann and World Konkani Centre, organizations working with Konkani language and culture, to bring in more resources into Konkani Wikipedia. These two organizations work for popularization and conservation of Konkani culture and language. Mannd Sobhaan has donated three Konkani books under CC-BY-SA license which has provided great sources for citation and references. On the other hand, these organizations have also agreed to hold GLAM activities, while A2K would digitize their archives of audio, video and text resources to further expand resources available for Konkani Wikimedia projects.

Activities and Events

A one-day edit-a-thon was organized at Krishnadas Shama Central Library, Goa in January 2016. Members of CIS-A2K participated in this event to help mentor the participants. The event created 100 new articles on Konkani Wikipedia in a single day.

Lessons learnt

Increase editor base by engaging academicians and bloggers.
Increase readership by introducing Konkani Wikipedia in primary and higher primary schools.

Gating factors

Activity in the end of 2015 was low in Konkani Wikipedia that no new articles were created in November and December.
Non-availability of a Program Associate

Marathi

Partnership

Maharashtra Granthottejak Sanstha (MGS) has re-licensed 1000 books on the culture, history, and literature under CC-by-SA 4.0 license in October, 2015. In December 2015, a discussion was initiated by CIS A2K at The Energy Resources Institute (TERI) to plan digitization and uploading of the books for Marathi Wikisource.

Events and Outreach

A two-day workshop was organised by the CIS A2K Program Associate in August 2015 at Srimati Savitribai Phule Pune University. This workshop was an attempt to bridge the gender gap on Marathi Wikipedia. The "Sau Dhuni Teen" project focused on creating Wikipedia articles on notable women, themes and works related to gender studies. This event attracted new editors and introduced to them input methods for Marathi methods and basic guidelines of contributing to Wikipedia. The event also served as an important initiative to utilize Wikipedia in generating Indian language annotations on academic sources in Women's Studies and the Social Sciences.

In May, 2016, CIS A2K organized a two-day mini version of Train-the-trainer (TTT) and Mediawiki Training (MWT) for Marathi Wikimedians in Pune. Topics covered in the Mediawiki training include Wikidata, bug triage, Mediawiki extensions, etc., while the TTT session focused on advanced editing skills, outreach planning, and grants structure introduction.

Lessons learnt

A strategy is required to utilize books donated by Maharashtra Granthottejak Sanstha (MGS) as references on Marathi Wikipedia.
Spreading Marathi Wikipedia-related activities to different parts of Maharashtra .

Gating factors

Some participants of workshops reflect that unavailability of sandboxes in Marathi Wikipedia was a concern for new editor as they were unsure if the article might be changed during the time they edit.

General Support and Service to the Movement

Play media

Odia Wikisourcer Pankajmala Sarangi shares her experience and future plans to grow the community. Video by Pankajmala Sarangi (original video) and Subhashish Panigrahi (post production), CC BY-SA 4.0. Pankajmala recorded the video herself covering a few specific topics sent over email.

Partnership Summary

Growing partnerships in WEPs: A2K team has successfully continued all the partnerships form the previous grant period and has also been able to bring new partners onboard thus adding value to the Wikimedia movement. A2K conducted a review program for its WEP partners in Bangalore during the last grant period. This review program allowed the WEP partners across 3 different states to meet and discuss the salient features of the WEP initiative being run at their institutions. This review program helped A2K team to understand institutional expectations and challenges. The review meeting also helped us to generate inter institutional collaboration and sync A2K schedule with academic calendar of these institutions.
Book/Resource donation and digitization: A2K team is immensely happy to have partnered with Maharashtra Granthottejak Sanstha which has donated 1000 books about the Maratha administration, culture, history and social life. Maharashtra Knowledge Corporation Limited, Pune has offered us in-kind support by digitising all these books and making them available to be uploaded on Marathi Wikisource.
Our collaboration with Manasu Foundation, Bangalore has also allowed us to digitise content donated to A2K for free. Andhra Loyola College, Vijayawada now hosts a Digital Resource Lab that provides nevessary infrastructure (Computers, Internet access and printing facility) for all the Telugu Wikimedians.
Centurion University, Bhubhaneswar has expressed in digitising Odia publications from the copyright lapse period. With this partnership A2K expects to add close to 50000 folios to Odia Wikisource.
Goa University partnership and Indian village articles: After a brief lull in the activities of Konkani Wikipedia activities have spiked up again mainly because of the encouragement offered by Goa University. Prof. Madhav Gadgil with support from Goa University has launched a project of using the Census of India data to create articles on Villages of India. This activity has been eagerly taken up by the Konkani community members.Encouraged by the level of enthusiasm shown by the Konkani community members Telugu, Marathi and Odia community members have also been engaged in creating articles on villages of India in their respective languages.
Partnership in image re-licensing: Alva's Education Foundation have donated more than 15000 images under CC-BY_SA license. These images depict the folk art forms, famous personalities, cultural practices, tribal costumes and other areas regarding the social and cultural life of Karnataka in particular and South India in general.
Decision of focusing on existing partnerships: Many institutions that were indicated under the category 'To be explored' for a partnership during this plan year have not been approached as A2K team worked towards consolidating its work with the existing institutions rather than crowding our resources. This decision was taken in accordance with the suggestion of community members and FDC suggestion.
Partnership re-assessment: A further re-assessment of Institutional partnerships based on the parameters of RoI, contribution to Global Metrics and community support will be undertaken during the grant period July 2016- June 2017. Thus providing the A2K team opportunity to consolidate its work further and adopting course corrections (such as working with a different Wikimedia project, changing target group, conducting intensive summer/winter camps and if necessary exiting the partnership).

Outreach Strategies Development

Online and offline media outreach strategies: Stories related to Indian language Wikipedias and Wikimedia projects used to get less attention in the regional language media in India. There has been a hike in news articles and columns related to Indic-language Wikimedia projects both in print and electronic media. One of the most important reasons behind this is the establishment and growing relations with journalists and news editors that are responsible for specific genre of news. Actively writing opinion pieces to newspaper editorials and making blog posts on popular online portals are another reason.
Laying out strategies for recruiting new contributors using social media: Learning from our past initiative experiences such as the movement where new contributors on social media helped Odia Wikisource go live^[2], CIS-A2K has been helping communities with online outreach strategies. Some of the lessons learned can be found in this learning pattern.

Other Communication and Contribution

Balance of Focus Language Area (FLA) and non-FLA language: As CIS-A2K has been working primarily in five focus languages (Kannada, Konkani, Marathi, Odia and Telugu, with Tulu and Santali as two additional languages), there has been more attention paid to the aforementioned seven languages and less on the remaining Indian languages. The same pattern also reflects in our media outreach. To balance this and to provide support in the larger Indic language community, CIS-A2K has made efforts in connecting non-FLA Wikimedians with global community leaders^[3] and writing about work accomplished in non-FLA communities.^[4]
Highlighting the' community-led projects and less-known languages: CIS-A2K has contributed and highlighting in promoting the projects that are primarily community-led^[5] that are not necessarily catalyzed by the CIS-A2K. Also, via public speaking and publications, CIS-A2K has attempted to promote indigenous and the less-known languages of India.^[6]

Challenges

Labor intensive WEP programs: WEP initiative at many of our institutions have proven to be labour intensive. A2K team has not been able to integrate its efforts with the community members. There has also been a perception that the participating Higher Education institutions are required to only provide infrastructure and carve time out of academic schedule. This leads to a situation where the A2K team is often forced to devote time and resources towards the evaluation of assignments.
Lack of institutional partnership in Odia community: Despite the A2K team's attempts to establish formal institutional partnership and further a WEP initiative in Odia language, we have not been successful. With the consent of the Odia community A2K team has approached Centurion University regarding setting up a Wikisource Learning Centre.

CIS-A2K request page

CIS-A2K has a request page intended for Wikimedian/s from India to place requests for support from CIS-A2K. Between 1 July 2015 and 30 June 2016, CIS-A2K has supported 21 such programs/initiatives. The communities supported by CIS-A2K include Odia, Kannada, Telugu, Malayalam, Bengali etc. Besides offering financial support to conduct events, CIS-A2K has also provided non-financial support such as SWAG material, and technical and documentaion support.

Some of the events/initiatives we have supported are

Odia Wikipedians conducting Nabakalebara edit-a-thon (July 2015), Odia Wikisource 1st anniversary celebration (October 2015), Wikipedia's 15th Birthday celebration (January 2016)
funding Bengali Wikipedia community to conduct a workshop (Wikiacademy) (August 2015), a meetup (October 2015), and an "in-depth Meet-up of Bengali Wikipedia editor community in Kolkata" (June 2016)
helping Malayalam Wikimedia community to organize a meet-up at Kozhikode, Kerala (July 2015), and Wikisangamotsavam 2015 (December)
support Telugu Wikipedians to conduct a photowalk and a joint Telugu-English Wikimedians’ meetup in Hyderabad (both in December)
supporting two-day workshop on Samskrit Wikisource - 2016

Lessons learnt

WMF grants opportunities should be discussed and promoted amongst Indic Wikimedia communities.
Wikimedia communities must be encouraged to optimize in-kind support such as event venue, internet connectivity.

Challenges

We have continuously informed communities that a request (specially if it is a large one) should come to us at least 3-4 weeks before the event date(s). However we have received requests at the last moment and hence faced difficulties (such as time-pressure) reviewing and process these requests in time.
We ask communities to submit expenditure details and narrative report of an event soon after its completion. However, we have faced difficulties collecting the said records in time.

Revenues received during this period (6 month for progress report, 12 months for impact report)

Provide exchange rate used:

1 USD = 61.88 INR

Table 2 Please report all spending in the currency of your grant unless US$ is requested.

Please also include any in-kind contributions or resources that you have received in this revenues table. This might include donated office space, services, prizes, food, etc. If you are to provide a monetary equivalent (e.g. $500 for food from Organization X for service Y), please include it in this table. Otherwise, please highlight the contribution, as well as the name of the partner, in the notes section.

Revenue source	Currency	Anticipated	Q1	Q2	Q3	Q4	Cumulative	Anticipated ($US)*	Cumulative ($US)*	Explanation of variances from plan
GSMA	INR	263,783.00	263,783.00	-	-	-	263,783.00	4262.73	4262.73
Wikimedia Foundation	INR	12,000,000.00	6,997,845.00	-	4,998,082.00	-	11,995,927.00	193,923.72	193,857.90
Kusuma Foundation	INR	15,000,000.00	7,500,000.00	-	7,500,000.00	-	15,000,000.00	242,404.65	242,404.65
MacArthar Foundation	INR	6,593,625.00	6,593,625.00	-	-	-	6,593,625.00	106,555.03	106,555.03
Cybersteward Project	INR	495,100.00	495,100.00	-	-	-	495,100.00	8,000.97	8,000.97
Big Data MF	INR	4,578,734.00	-	4,578,734.00	-	-	4,578,734.00	73,993.76	73,993.76
Privacy International	INR	3,883,300.63	-	405,388.00	3,477,912.63	-	3,883,300.63	62,755.34	62,755.34
IDRC	INR	6,751,260.57	-	-	6,751,260.57	-	6,751,260.57	109,102.47	109,102.47
The Mozilla Corporation	INR	662,173.00	-	-	-	662,173.00	662,173.00	10,700.92	10,700.92

* Provide estimates in US Dollars

Grants	Explanation
GSMA	This fund is allocated to CIS for GSMA project undertaken in collaboration with Privacy International. The research has sought to understand different legal and regulatory aspects of security and surveillance in India.
Wikimedia Foundation	Wikimedia Foundation has given this grant, as part of their APG, to work with the Wikimedia community of volunteers in India to expand Wikimedia’s Indic language free knowledge projects, including Wikipedia in Indic languages. In addition, the grant aims to generate improvements in India-relevant free knowledge in Wikimedia’s English projects and wider distribution of free knowledge within India.
Kusma Foundation Fund	Kusuma Foundation funds the core of CIS programmes.

Spending during this period (6 month for progress report, 12 months for impact report)

Please use the exchange rate in your APG proposal.

Table 3 Please report all spending in the currency of your grant unless US$ is requested.

(The "budgeted" amount is the total planned for the year as submitted in your proposal form or your revised plan, and the "cumulative" column refers to the total spent to date this year. The "percentage spent to date" is the ratio of the cumulative amount spent over the budgeted amount.)

Expense	Currency	Budgeted	Q1	Q2	Q3	Q4	Cumulative	Budgeted ($US)*	Cumulative ($US)*	Percentage spent to date	Explanation of variances from plan
Staff Cost	INR	5,884,320.00	986,800.00	1,328,057.00	1,695,815.00	1,455,531.00	5,466,203.00	95,092.44	88,335.54	92.9	Slightly under spent
Staff Travel & Stay	INR	985,000.00	211,267.00	162,566.00	453,724.00	-	827,557.00	15,917.91	13,373.58	84.02	Due to inclusion of Program Associates presence staff travel has come down
Volunteer Support	INR	1,530,000.00	41,847.00	422,041.00	100,631.00	764,787.00	1,329,306.00	24,725.27	21,482.00	86.89	Increased activities with the intervention of Program Associates
Meetups	INR	895,000.00	84,285.00	4,679.00	151,904.00	114,825.00	355,693.00	14,463.48	5,748.11	39.74	A2K team has conducted Train-the-Trainer and Media Wiki Training during the last quarter of the grant period. These receipts will be updated in the final cumulative financial report
Digitization	INR	150,000.00	5,250.00	-	10,250.00	-	15,500.00	2,424.05	250.48	39.74	Purchase of scanners to assist communities towards digitisation has been done
Equipment	INR	80,000.00	-	170,000.00	362,430.00	122,660.00	655,090.00	1,292.82	10,586.46	819	Essential equipment such as laptops, video camera and hard disks purchased for newly hired Program Associates and A2K staff
Assistant/Intern	INR	110,000.00	20,000.00	30,000.00	110,000.00	-	160,000.00	1,777.63	2,585.65	145.45	Hiring of 3 Program Associates has resulted in over spending
Consumables (Printing, Statinery, Swag)	INR	460,000.00	-	-	-	-	0	7,433.74	0	0	A2K was unable to utilise these funds for publishing and distributing of Community Resources
Miscellaneous	INR	165,000.00	89,003.00	21,207.00	50,978.00	50,442.00	211,630.00	2,666.45	3,420.01	128	Unanticipated expenses regarding orientation of PA
Design/Documentation & Research	INR	50,000.00	-	20,950.00	-	16,508.00	37,458.00	808.02	605.33	75	Optimal spending
Program Advisor	INR	580,800.00	132,000.00	132,000.00	132,000.00	132,000.00	528,000.00	9,385.91	8,532.64	90.9	Optimal spending
TOTAL	INR	11,979,132.00	1,570,452.00	2,291,500.00	3,067,732.00	2,656,753.00	9,586,437.00	193,586.49	154,919.80	80	Final Financial report will have the cumulative details.

* Provide estimates in US Dollars

Compliance

Is your organization compliant with the terms outlined in the grant agreement?

As required in the grant agreement, please report any deviations from your grant proposal here. Note that, among other things, any changes must be consistent with our WMF mission, must be for charitable purposes as defined in the grant agreement, and must otherwise comply with the grant agreement.

Are you in compliance with all applicable laws and regulations as outlined in the grant agreement? Please answer "Yes" or "No".

Are you in compliance with provisions of the United States Internal Revenue Code (“Code”), and with relevant tax laws and regulations restricting the use of the Grant funds as outlined in the grant agreement? Please answer "Yes" or "No".

References

2016 TTT version was conducted between 15–17 June 2016, and in this impact report we are reporting only till 30 June 2016. Although we have seen positive impact after this year's TTT, we are not including these in this report.
Panigrahi, Subhashish. "More Than 40 Million People Await the Launch of Odia Wikisource". Wikimedia Blog (21 October 2014).
[ Roali], an IME for Assamese language that is quite popular in the Assamese speakers, came live after long time. CIS-A2K has worked closely with the developer of this IME, some of the Assamese Wikipedia community members and Wikimedia Foundation's Language Engineering team in the entire process.
Broadening the scope of blogs CIS-A2K has contributed to the larger Indic communities has been a constant effort, though in a limited capacity. A few such blogs can be read here: 1, 2, and 3.
In this article, a community-led project for creating a script encoding converter for the Odia-language Wikimedia projects was highlighted. There were more publication in the Odia newspapers and the project was promoted on social media so that more people contribute using the Unicode standard. The latter will eventually help spread the language's reach on the Internet.
CIS-A2K and type designer Pooja Saxena submitted a paper and presented a paper titled "Bringing Ol Chiki to the digital world" at the Typoday 2016, an annual conference in India to bring type designers and script experts under one roof. The presentation is about CIS-A2K's work in bringing a freely-licensed typeface for the Ol Chiki script that is used to write Santali, an indigenous language spoken across several countries in South Asia.

Signature

Once complete, please sign below with the usual four tildes.

Lahariyaniyathi (talk) 17:01, 28 September 2016 (UTC)

Resources

Resources to plan for measurement

Global metrics are an important starting point for grantees when it comes to measuring programmatic impact (Learning Patterns and Tutorial) but don’t stop there.
Logic Models provide a framework for mapping your pathway to impact through the cause and effect chain from inputs to outputs to outcomes. Develop a logic model to map out your theory of change and determine the metrics and measures for your programs.
Importantly, both qualitative and quantitative measures are important so consider both as you determine measures for your evaluation and be sure to ask the right questions to be sure to capture your program stories.

Resources for storytelling

WMF storytelling series and toolkit (DRAFT)
Online workshop on Storytelling. By Frameworks institute
- The origin of storytelling
- Story frames, with a focus on news-worthiness.
Reading guide: Storytelling and Social change. By Working Narratives
- The uses of the story.
- Case studies.
Blog: 3 Tips on telling stories that move people to action. By Paul VanDeCarr (Working Narratives), on Philanthropy.com
Building bridges using narrative techniques. By Sparknow.net
- Differences between a report and a story
- Question guides and exercises.
Guide: Tools for Knowledge and Learning. By Overseas Development Institute (UK).
- Developing a strategy
- Collaboration mechanisms
- Knowledge sharing and learning
- Capturing and storing knowledge.

For more details visit https://cis-india.org/a2k/blogs/grants-apg-proposals-2014-2015-round2-the-centre-for-internet-and-society-impact-report-form

Internet Democratisation: IANA Transition Leaves Much to be Desired

vidushi — 2016-11-03T07:52:37Z

At best, the IANA transition is symbolic of Washington’s oversight over ICANN coming to an end. It is also symbolic of the empowerment of the global multistakeholder community. In reality, it fails to do either meaningfully.

The article was published in the Hindustan Times on October 6, 2016.

Many suspect Washington’s 2014 announcement of handing over control of the IANA contract to be fuelled by the outcry following Edward Snowden’s revelations of the extent of US government surveillance. Source: AFP

September 30, 2016, marked the expiration of a contract between the US government and the Internet Corporation for Assigned Names and Numbers (ICANN) to carry out the Internet Assigned Numbers Authority (IANA) functions.

In simpler, acronym-free terms, Washington’s formal oversight over the Internet’s address book has come to an end with the expiration of this contract, with control now being passed on to the “global multistakeholder community”.

ICANN was incorporated in California in 1998 to manage the backbone of the Internet, which included the domain name system (DNS), allocation of IP addresses and root servers. After an agreement with the US National Telecommunications and Information Administration (NTIA), ICANN was tasked with operating the IANA functions, which includes maintenance of the root zone file of the DNS. Over the years Washington has rejected calls to hand over the control of IANA functions, but in March 2014 it announced its intentions to do so and laid down conditions for the handover. Many suspect the driving force behind this announcement to be the outcry following Edward Snowden’s revelations of the extent of US government surveillance.

The conditions laid down by the NTIA were met, and the US government accepted the transition proposal, amidst much political pressure and opposition, most notably from Senator Ted Cruz.

This transition is a step in the right direction, but in reality, it changes very little as it fails to address two critical issues: Of jurisdiction and accountability.

Jurisdiction is important while considering the resolution of contractual disputes, application of labour and competition laws, disputes regarding ICANN’s decisions, consumer protection, financial transparency, etc. Many of these questions, although not all, will depend on where ICANN is located. ICANN’s new bylaws mention that it will continue to be incorporated in California, and subject to California law just as it was pre-transition. Having the DNS subject to the laws of a single country can only lend to its fragility. ICANN’s US jurisdiction also means that it is not free from the political pressures from the US Senate and in turn, the toxic effect of American party politics that were made visible in the events leading up to September 30.

Another critical issue that the transition does not address is that of ICANN accountability. Post-transition, ICANN’s board will continue to be the ultimate decision-making authority, thus controlling the organisation’s functioning, and ICANN staff will be accountable to the board alone.

To put things in perspective, look at the board’s track record in the recent past. In August, an Independent Review Panel (IRP) found that ICANN’s board had violated ICANN’s own bylaws and had failed to discharge its transparency obligations when it failed to look into staff misbehaviour. Following this, in September, ICANN decided to respond to such allegations of mismanagement, opacity and lack of accountability by launching a review. The review however, would not look into the issues, failures and false claims of the board, but instead focus on the process by which ICANN staff was able to engage in such misbehaviour. This ironically, will be in the form of an internal review that will pass through ICANN staff — the subjects of the investigation — before being taken up to the board.

At best, the transition is symbolic of Washington’s oversight over ICANN coming to an end. It is also symbolic of the empowerment of the global multistakeholder community. In reality, it fails to do either meaningfully.

For more details visit https://cis-india.org/internet-governance/blog/hindustan-times-october-6-2016-vidushi-marda-internet-democratisation

LITD 17 Committee Agenda

praskrishna — 2016-10-07T01:36:31Z

For more details visit https://cis-india.org/internet-governance/files/litd-17-committee-agenda.pdf

Services like TwitterSeva aren’t the silver bullets they are made out to be

sunil — 2016-10-06T16:31:51Z

TwitterSeva is great, but it should not be considered a sufficient replacement for proper e-governance systems. This is because there are several serious shortcomings with the TwitterSeva approach, and it is no wonder that enthusiastic police officers and bureaucrats are somewhat upset with the slow deployment of e-governance applications. They are also right in being frustrated with the lack of usability and scalability of existing applications that hold out the promise of adopting private sector platforms to serve citizens better.

Sunil Abraham, executive director of the Centre for Internet and Society, wrote this in response to the FactorDaily story on TwitterSeva, a special feature developed by Twitter’s India team to help citizens connect better with government services. Sunil's article in FactorDaily can be read here.

Let’s take a look at why the TwitterSeva approach is not adequate:

1. Vendor and Technology Neutrality: Providing a level ground for competing technologies in e-governance has been a globally accepted best practice for about 15 years now. This is usually done by using open standards policies and interoperability frameworks.

India does have a national open standards policy, but the National Informatics Centre (NIC) has only published one chapter of the Interoperability Framework for e-Governance .

The thing is, while Twitter might be the preferred choice for urban elites and the middle class, it might not be the choice of millions of Indians coming online. By implicitly signaling to citizens that Twitter complaints will be taken more seriously than e-mail or SMS complaints, the government is becoming a salesperson for Twitter. Ideally, all interactions that the state has with citizens should be such that citizens can choose which vendor and technology they would like to use. Ideally, the government should have its own work-flow so that it can harvest complaints, feedback and other communications from all social media platforms be it Twitter or Identica, Facebook or Diaspora, and publish responses back onto them.

By implicitly signalling to citizens that Twitter complaints will be taken more seriously than e-mail or SMS complaints, the government is becoming a salesperson for Twitter

Apart from undermining the power of choice for citizens, lack of vendor and technology neutrality in government use of technology undermines the efficient functioning of a competitive free market, which is the bedrock of future innovation.

When it comes to micro-blogging, Twitter has established a near monopoly in India. There are no clear signs of harm and therefore it would not be wise to advocate that the Competition Commission of India investigate Twitter. However, if the government helps Twitter tighten its grip over the Indian market, it is preventing the next cycle of creative destruction and disruption. Therefore, e-governance applications should ideally only “loosely couple” with the APIs of private firms so that competition and innovation are protected.

2. Holistic Approach and Accountability: Ideally, as the Electronic Service Delivery Bill 2011 had envisaged, every agency within the government was supposed to (within 180 days of the enactment of the Act) do several things: publish a list of services that will be delivered electronically with a deadline for each service; commit to service-level agreements for each service and provide details of the manner of delivery; provide an agency-level grievance redressal mechanism for citizens unhappy with the delivery of these electronic services.

Notwithstanding the 180-day commitment, the Bill required that “all public services shall be delivered in electronic mode within five years” after the enactment of the Bill with a potential three-year extension if the original deadline was not met. The Bill also envisaged the constitution of a Central Electronic Service Delivery Commission with a team of commissioners who “monitor the implementation of this Bill on a regular basis” and publish an annual report which would include “the number of electronic service requests in response to which service was provided in accordance with the applicable service levels and an analysis of the remaining cases.”

The Electronic Service Delivery Bill 2011 had a much more comprehensive and accountable plan for e-governance adoption in the country

Citizens suffering from non-compliance with the provisions of the Bill and unsatisfied with the response from the agency level grievance redressal mechanism could appeal to the Commission. The state or central commissioners after giving the government officials an opportunity to be heard were empowered to impose a fine of Rs 5000.

Unlike the piecemeal approach of TwitterSeva, the Bill had a much more comprehensive and accountable plan for e-governance adoption in the country.

3. Right To Transparency: Some of the interactions that the government has with citizens and firms may have to be disclosed under the obligation emerging from the Right to Information Act for disclosure to the public or to the requesting party. Therefore it is important that the government take its own steps for the retention of all data and records — independent of the goodwill and lifecycles of private firms.

Twitter is only 10 years old. It took 10 years for Orkut to shut down. Maybe Twitter will shut down in the next 10 years. How then will the government comply with RTI requests? Even if the government is not keen on pushing for data portablity as a right for consumers (just like mobile number portability in telecom, so that consumers can seamlessly shift between competing service providers), it absolutely should insist on data portability for all government use.

Twitter is only 10 years old. It took 10 years for Orkut to shut down. Maybe Twitter will shut down in the next 10 years. How then will the government comply with RTI requests?

This will allow it to shift to a) support multiple services, b) shift to competing/emerging services c) incrementally build its own infrastructure and also comply with the requirements of the Right to Information Act.

4. Privacy: Unfortunately, thanks to the techno-utopians behind the Aadhaar project, the current government is infected with “data ideology.” There is an obsession with collecting as much data as possible from citizens, storing it in centralized databases and providing “dashboards” to bureaucrats and politicians. This is diametrically opposed to the view of the security community.

Unfortunately, thanks to the techno-utopians behind the Aadhaar project, the current government is infected with “data ideology”

For example, Bruce Schneier posted on his blog in March this year (in a piece titled ‘Data is a Toxic Asset‘) saying: “What all these data breaches are teaching us is that data is a toxic asset and saving it is dangerous. This idea has always been part of the data protection law starting with the 2005 EU Data Protection Directive expressed as the principle of “Data Minimization” or “Collection Limitation”. More recently technologists and policy makers also use the phrase “Privacy by Design”. Introducing an unnecessary intermediary or gate-keeper between what is essentially transactions between citizens and the state is an egregious violation of a key privacy principle.”

5. Middle Class and Elite Capture: The use of Twitter amplifies the voices of the English-speaking, elite, and middle class citizens at the expense of the voices of the poor. While elites don’t exhibit fear when tagging police IDs and making public complaints from the comforts of their gated communities with private security guards shielding them the violence of the state, this might be a very intimidating option for the poor and disempowered.

While elites don’t fear tagging police IDs and making public complaints from the comforts of their gated communities, it’s intimidating for the disempowered

While the system may not be discriminatory in its design, it will have disparate impact on different sections of our society. In other words, the introduction of TwitterSeva will exacerbate power asymmetries in our society rather than ameliorating them.

The canonical scholarly reference for this is Kate Crawford’s analysis of City of Boston’s StreetBump smartphone, which resulted in an over-reporting of potholes in elite neighbourhoods and under-reporting from poor and elderly residents. This meant that efficiency in the allocation of the city’s resources was only a cover for increased discrimination against the powerless.

6. Security: The most important conclusion to draw from the Snowden disclosure is that the tin-foil conspiracy theorists who we used to dismiss as lunatics were correct. What has been established beyond doubt is that the United States of America is the world leader when it comes to conducting mass surveillance on netizens across the globe. It is still completely unclear how much access the NSA has to the databases of American social media giants. When the complete police force of a state starts to use Twitter for the delivery of services to the public, then it may be possible for foreign intelligence agencies to use this information to undermine our sovereignty and national security.

For more details visit https://cis-india.org/internet-governance/blog/factordaily-sunil-abraham-october-6-2016-services-like-twitterseva-are-not-the-silver-bullets-they-are-made-out-to-be

Eye on Mumbai

praskrishna — 2016-10-02T10:22:20Z

The feeds will be beamed to a video wall that stretches 21 feet across at the police’s command and control room.

The article by Tariq Engineer was published in Mumbai Mirror today. Sunil Abraham was quoted.

When seven bombs exploded on local trains between Khar and Borivali killing 209 people and injuring 714 in 2006, the Maharashtra police looked for CCTV footage but couldn’t find any because no cameras existed at railway stations back then.

When terrorists landed near Machimar colony in Cuffe Parade in 2008 and proceeded to slaughter hundreds of people in the city, CCTV footage was found only at the Taj and Trident hotels, Chhatrapati Shivaji Terminus and near the Times of India building. Places like Cama Hospital, Nariman House and Leopold Café were simply off the grid.

When Mumbai journalist J Dey was gunned down in Powai in 2011, the police obtained CCTV footage from a shopping centre nearby but it was so blurry, it was useless.

In each of these situations, a fully functioning high-definition CCTV system could have altered the outcome or aided the investigation in critical ways. That glaring gap in Mumbai’s security has now been filled by the Mumbai City Surveillance Project, which officially goes live today.

Over the last 20 months, a total of 4697 cameras have been installed at 1510 locations around Mumbai city. In addition to these, another 146 will survey the Bandra Kurla Complex. The tender for the project was issued in 2015 and won by a consortium led by construction major Larsen & Toubro with MTNL, CMS Computers and Infinova, which supplied the cameras, as partners.

The project is actually an outcome of the 26/11 attacks, having been recommended by the Ram Pradhan Committee, which was appointed to evaluate the city administration’s responses to the terror strike. According to Additional Chief Secretary (Home) KP Bakshi these cameras will ensure roughly 80 per cent of Mumbsi will be watched 24 hours a day, seven days a week. The city’s inhabitants will now have to be on their best behaviour.

“It was the police’s call to decide what they want to observe,” Bakshi said. “Do they want to look at the traffic or at a place where people gamble or do a lot of drinking?” The policeman in charge of selection of spots for installation of cameras was former additional commissioner of police Vasant Dhoble. Calling him a “game-changer”, one of the project managers said it was thanks to Dhoble that all the locations were surveyed in just twoand-a-half months. Dhoble was also instrumental in ensuring that the cameras were installed at the appropriate angles.

While the initial estimate was for 6,000 cameras, it was eventually determined that 4,697 were sufficient at this stage. The cameras have been placed on poles similar to street lights — 2290 of them — some with multiple cameras. “Let’s say there is a pole at Haji Ali Juice Center,” Bakshi said. “It may have three cameras — one looking towards Heera Panna, the other looking towards Mahalaxmi, the third looking towards Worli.”

The vast majority of the cameras — roughly 4200 — will be fixed and stare unblinkingly in one direction. The other 500 will be PTZ, or pan/tilt/zoom cameras, so those watching can scan an area or take a closer look at something that seems suspicious. All of the cameras can see in high definition, with visibility ranging from 50m to 120m. Some of them also have thermal imaging and night vision.

According to those involved in the project, the cameras have been built to withstand the rigours of Mumbai’s weather — specifically the heat and rain. Larsen & Toubro and CMS Computers are responsible for the maintenance of the system. Once the system is fully operational, the target is to have 99% of the cameras live at all times barring accidents. The responsibility for this lies with the service providers.

A smart system

The software that runs the cameras includes a Picture Intelligence Unit (PIU) that will conduct facial recognition analysis. If there is an image of a wanted person in the database, the program will scan the footage for matches and send a signal if it finds any. It will also send an alert if it notices a suspicious object, say one that has been left unattended for a pre-specified amount of time, so the cops can check it out. Tracking police vehicles — like you can follow the path of an Uber or Ola — is yet another feature, so if there is trouble, the nearest vehicle can be dispatched.

By Bakshi’s reckoning, if it is a small crime, then the police should be on the scene in five to ten minutes. If it is something like a bomb blast, then a Quick Response Team will be deployed, which will take a little longer – say 10 to 15 minutes.

Who will be watching you?

The feeds from these cameras will be fed to a video wall that stretches 21 feet across in a control room that has been set up in the Commissioner of Police Headquarters at Crawford Market. The footage will be monitored by about 20 observers who have been specially trained for the job.

However, a project manager said, watching the wall for more than eight minutes “would make anyone mad” because it is so chaotic. Therefore, each observer has his own workstation with three computer screens where he can only watch the feeds he has been assigned.

Entry to the control room is also strictly monitored. It requires five fingerprint access just to get in the room and a thumb print to turn individual workstations on. Mobile phones and personal effects are banned and the computers have no USB ports, so data can’t be copied.

In addition, there are viewing screens in each of the additional commissioner’s zonal offices and in all 23 police stations and roughly 200 observers will eventually be required to operate them. A project manager said he hoped to have a 60-40 or 50-50 split between male and female observers. The observers are monitored by the police, who will decide what actions to take depending on what alerts are generated.

The manpower is being provided by CMS Computers, with applicants having their resumes verified by the police. Observers will spend anywhere from four to six weeks in training before they get on the job, one of the project managers said.

Keeping the data secure

The images from the standard cameras will be stored for 90 days, while those taken with PTZ cameras will be stored for 30 days. “If you store for longer periods, it involves more cost,” Bakshi said. “We feel that if something has to be reported to us, it will be reported within 90 days.”

MTNL has set up a data centre in Worli and a disaster recovery centre in Belapur. If something goes wrong in Worli, there will still be connectivity via Belapur. Both centres have been “tied-up” to make the data as safe as possible. At the test lab at Larsen & Toubro’s project headquarters in Mallet Bunder, they even have a rodent detection device that broadcasts an ultrasonic frequency to drive away rats and stop them from chewing up the wires.

False starts

The project took some time to get off the ground because getting the details worked out was a painstaking elaborate process, former Maharashtra chief secretary ( home) Amitabh Rajan, told Mumbai Mirror. The committee wanted to make sure everything was transparent and that there were no allegations against the project. Control and security were also zealously guarded. “No compromise on security, not even cost,” Rajan said. “Like titration in chemistry, we eventually got the right concentration.”

There was also a battle between a lobby that wanted the system to be set up using dedicated fibre optic cables, and a lobby of technology providers that wanted to use wireless technology. The cops backed cables, which are not only safer but make it easy to add additional bandwidth, whereas wireless networks have limited bandwidth. It was a battle the cops would eventually win but at the cost of time.

The tender process didn’t go smoothly either. Larsen and Toubro were actually the winners of the fourth tender the Maharashtra government put forward. The first tender had to be cancelled because the winning consortium had not properly disclosed its ownership structure — one of the companies turned out to be controlled by a subsidiary of Reliance Industries. The second was cancelled when the vendor’s bank guarantee cheque of Rs 2 crore bounced and the owner disappeared. He was eventually found and arrested two years later.

The third tender received no bidders because it did not offer up-front payment for capital expenditure, according to then IT secretary Rajesh Aggarwal, who was part of the committee. It was finally on the fourth occasion, when the committee decided to offer a certain percentage of the project cost at the start and the rest over the remaining five years as maintenance fees, that a deal could be sealed.

Coordination headache

The next hurdle was coordinating the work between all the different organisations that populate Mumbai. The final total was around 35 or 40 bodies, including the Municipal Corporation of Greater Mumbai (MCGM), BEST and Reliance Power, the police, MMRDA, the Government of India and the High Court. “To explain to everyone that it is a security project and please don’t go by normal rules, you have to give concessions for all these things, all this co-ordination was a big job,” Bakshi said.

It led to delays, which is why the project had to take the extraordinary step of getting permission from the MCGM to dig up roads during the monsoon to lay the fibre-optic cables. It was the only way the project could make its deadline.

“If we had done it like a normal project, it would have taken five years,” an engineer said.

A question of privacy

Two experts in privacy issues that Mirror spoke to said that such a system is in the public interest, but safeguards must be built to prevent abuse. “If the data falls into the wrong hands, it can create havoc,” said Pavan Duggal, an expert in the field of cyber law. “Large scale surveillance of the public should not be the norm, it should be the exemption to the norm.” he said. “It can create unease and lessen the enjoyment of living in a democratic society.”

According to Sunil Abraham, director of the Centre for Internet and Society, the biggest problem is that India does not have an “omnibus privacy law”.

Instead, it has about 50 different laws across sectors and therefore privacy regulations are not consistent, which has created a legal thicket. “110 countries have passed privacy laws to European Union standards. India is really far behind,” he said.

He also listed a number of principles that he hoped the project would abide by, such as the principles of notice (CCTV cameras should be advertised as such), of openness (details of the system should be made public), security (“if you don’t have security, you can’t ensure privacy”) and of access (“we should have a right to get the footage of ourselves”). He also warned against the footage being shared between different security agencies without due process.

Additional Chief Secretary (Home) Bakshi said most of these principles were part of the system. There would be boards demarcating the CCTV cameras, the system would be publicly launched, it was being made as secure as possible and footage could be handed over depending on the circumstances. “If it is your own, then no problem,” Bakshi said. “If it is someone else’s then there are privacy issues. Is it because of criminal intent or you want to track your girlfriend’s other boyfriend to see if he is following her? These are issues. If you want yours, on merit we can give. No issue.”

Another concern Abraham raised is unique to India and the Aadhaar card, which uses biometric data as passwords, not identification. Since the CCTV cameras are high resolution, it raises the risk of someone recreating your iris or finger prints from a captured image and then “somebody could empty your Aadhaarlinked bank accounts,” Abraham said.

This is not as far-fetched as it sounds. Abraham pointed out that in 2014 a member of the Chaos Collective Club, the largest association of hackers in Europe, recreated the finger print of a German minister from a photograph they took of her hand.

“Other risks are smaller, a revealing photograph or someone trying to blackmail you,” Abraham said.

Not just for crime

The camera feed has other applications too, beginning with traffic management. An automatic number plate recognition system will be installed as well. If you look around the corner, don’t see a cop and jump a light, you could still get in trouble. “6000 [sic] police in the sky are watching you and you will get a challan sitting at home,” Aggarwal said. Other uses include tracking of encroachments by the Municipal Corporation of Greater Mumbai which will have an additional viewing centre. Also garbage disposal and other civic issues such as water logging and a subject dear to Mumbai citizens — potholes. “Somebody complains that this road has a pothole, immediately you can zoom in and see that yes, there is a pothole on this road,” Bakshi said.

There is also a provision to allow a further 103 locations to plug-in and play. For example, if the Taj Mahal Hotel wants the police to survey the hotel for a period of time, the hotel’s CCTV system can be hooked up to the main control room within 48 hours. The same goes for the airport or the railway stations.

Effect of CCTV surveillance

Worldwide the academic literature on CCTV surveillance suggests its effectiveness, especially on crime prevention, is uncertain or limited. “Post crime it really, really helps,” Aggarwal said, “but for prevention, we have to wait and watch. If it reduces sexual harassment for example, then that is priceless. Time will tell how people try to beat the system and how the system tries to catch up.”

Joint Commissioner of Police, Law and Order, Deven Bharti said he was already seeing an improvement in traffic management and in prevention and detection of crimes thanks to the 3000-plus cameras that were live when Mirror spoke to him two days ago, though he said he could not provide details. “The system is working to our satisfaction,” Bharti said.

Bakshi said the effects of the system should start showing roughly a month after the project is fully operational. “In Pune, results started being seen within a month. Once all 4700 [cameras] are live, you will start seeing the results on traffic violations, street crimes, and at general discipline level. [First] Let the people know they are under surveillance, that they are completely covered in Mumbai by CCTV.”

The total cost of the project is Rs 1008 crore. Out of this, about Rs 400 crore has already been spent. The balance will be paid out in regular installments until October 2021. At that point the Maharashtra government and Mumbai police will take complete control of the project. “We presume that in five years’ time, we will have enough trained people to run it ourselves,” Bakshi said.

For more details visit https://cis-india.org/internet-governance/news/mumbai-mirror-tariq-engineer-october-2-2016-eye-on-mumbai

Report on Understanding Aadhaar and its New Challenges

sumandro — 2016-09-28T12:44:38Z

For more details visit https://cis-india.org/internet-governance/files/report-on-understanding-aadhaar-and-its-new-challenges

August 2016 Newsletter

praskrishna — 2016-10-02T02:09:36Z

Welcome to the August 2016 newsletter of the Centre for Internet and Society (CIS).

Dear readers,

Thank you for reading the Centre for Internet and Society's August newsletter. The past month for us was a very exciting one. We supported and attended Wiki Conference 2016 in Chandigarh, which was a great opportunity to see the variety and scope of various Wiki projects across the country. The Tulu language Wikipedia also went live during this period, making it the 23^rd Wiki in a South Asian language.

We continued our work on telecom with our submission to TRAI on broadband proliferation across the country. We also continued to provide inputs to the media on a range of issues related to UIDAI and online streaming and piracy, e-accessibility and our continuing Wiki work.

We also published two articles on the inaccessibility of public and private phone apps, and the social impact of this, in FactorDaily. I was also honoured to receive the NCPEDP-Mphasis Universal Design Awardin the "Persons with Disabilities" category.

All in all, a very productive month. We at CIS look forward to many more to come.

- Nirmita Narasimhan

Previous issues of the newsletters can be accessed here.

Highlights
Dr. Nirmita Narasimhan got the NCPEDP-Mphasis Universal Design Award in the "Persons with Disabilities" category. Shri Krishan Pal Gurjar, Hon'ble Minister of State for Social Justice and Empowerment presided over the event, in the presence of Som Mittal, Jury Chair and Chariman, NCPEDP, Dr. Meenu Bhambhani, VP & Head - Corporate Social Responsibility, Mphasis Ltd, and Javed Abidi, Honorary Director NCPEDP, several corporates and winners. Tulu language Wikipedia became the latest entrant in the family of 294 world-language Wikipedia projects after the project went live from Wikimedia Incubator earlier this month. The project waited as long as eight years in the Incubator before becoming the 23rd South Asian language Wikipedia. Wiki Conference India 2016, the largest gathering of contributors to Wikipedia and its sister projects in South Asia was held in Chandigarh from August 5-7, 2016. CIS supported this event. Sunil Abraham was a panelist. Information Technology, Electronics & Communications Department of the Government of Telangana released the first public draft of the Telangana State Open Data Policy 2016, and sought comments from various stakeholders in the state and outside. CIS submitted its comments. CIS wrote an article analyzing India’s alignment with the recommendations of the report of the Group of Governmental Experts. This policy brief attempts to articulate the major policy actions that may be considered by India to further incorporate and implement the principles enunciated in the Report. CIS submitted comments to TRAI Consultation on Proliferation of Broadband through Public WiFi Networks. The comments were prepared by Sunil Abraham, Sharath Chandra Ram, Vidushi Marda, and Thejaswi Melarkode.Shyam Ponappa and Arjun Venkatraman provided advice. As part of the 'Studying Internet in India' series, Abhimanyu Roy has explored the curious interplays between the arranged marriage market in India the rise of matrimonial sites such as Jeevansathi.com and Shaadi.com.

Highlights

Dr. Nirmita Narasimhan got the NCPEDP-Mphasis Universal Design Award in the "Persons with Disabilities" category. Shri Krishan Pal Gurjar, Hon'ble Minister of State for Social Justice and Empowerment presided over the event, in the presence of Som Mittal, Jury Chair and Chariman, NCPEDP, Dr. Meenu Bhambhani, VP & Head - Corporate Social Responsibility, Mphasis Ltd, and Javed Abidi, Honorary Director NCPEDP, several corporates and winners.
Tulu language Wikipedia became the latest entrant in the family of 294 world-language Wikipedia projects after the project went live from Wikimedia Incubator earlier this month. The project waited as long as eight years in the Incubator before becoming the 23rd South Asian language Wikipedia.
Wiki Conference India 2016, the largest gathering of contributors to Wikipedia and its sister projects in South Asia was held in Chandigarh from August 5-7, 2016. CIS supported this event. Sunil Abraham was a panelist.
Information Technology, Electronics & Communications Department of the Government of Telangana released the first public draft of the Telangana State Open Data Policy 2016, and sought comments from various stakeholders in the state and outside. CIS submitted its comments.
CIS wrote an article analyzing India’s alignment with the recommendations of the report of the Group of Governmental Experts. This policy brief attempts to articulate the major policy actions that may be considered by India to further incorporate and implement the principles enunciated in the Report.
CIS submitted comments to TRAI Consultation on Proliferation of Broadband through Public WiFi Networks. The comments were prepared by Sunil Abraham, Sharath Chandra Ram, Vidushi Marda, and Thejaswi Melarkode.Shyam Ponappa and Arjun Venkatraman provided advice.
As part of the 'Studying Internet in India' series, Abhimanyu Roy has explored the curious interplays between the arranged marriage market in India the rise of matrimonial sites such as Jeevansathi.com and Shaadi.com.

CIS in news:

CIS gave inputs to the following media coverage:

Why experts are worried about Aadhaar-based authentication (Citizen Matters; August 2, 2016).
Apps can give personal information to strangers (Mebin John; New Indian Express; August 8, 2016).
Indian companies need to boost encrpytion adoption rate: experts (Koustav Das; Deccan Chronicle; August 9, 2016).
Implementing Indian languages in feature phones will be difficult (Gulveen Aulakh and Neha Alawadhi; Economic Times; August 10, 2016).
Aadhaar-enabled smartphones will ease money transfer (Neha Alawadhi and Gulveen Aulakh; Economic Times; August 10, 2016).
And now, Aadhaar-enabled smartphones for easy verification and money transfer (Business Insider; August 10, 2016).
Rational Internet laws essential to fulfil India’s digital goals (Krishna Makwana; Deccan Chronicle; August 14, 2016).
Using technology to address issues (The Hindu; August 14, 2016).
Responses to Trai’s consultation paper on free data contain some good suggestions (Asheeta Regidi; First Post's Tech 2; August 15, 2016).
Accessing pirated content might lead to prison term & Rs 3-lakh fine (Alnoor Peermohammed; Business Standard; August 22, 2016).
Extending Aadhaar to more areas is a hare-brained idea, it should be dropped (Seetha; First Post; August 23, 2016).
Festival scan on social media (The Telegraph; August 26, 2016).

Talking Point: Futile Battle Against Torrents (Deccan Herald; August 30, 2016).

CIS members wrote the following articles:

US Copyright law faces constitutional challenge (Anubha Sinha; Spicy IP; August 5, 2016).

South Asia's Largest Wikimedia Conference Kicks Off in India (Subhashish Panigrahi; Global Voices; August 5, 2016).
The largest Wikipedia gathering in South Asia kicks off (Subhashish Panigrahi; Opensource.com; August 5, 2016).

Do I Want to Say Happy B’day? (Nishant Shah; Indian Express; August 7, 2016).
3 Copyright Tips for Students and Educators (Subhashish Panigrahi; Opensource.com; August 16, 2016).

ଓଡ଼ିଆ ପାଇଁ ଓସିଆର: ଛପା ଲେଖାର ଛବିରୁ ଡିଇଟାଲ ଲେଖା (Subhashish Panigrahi; Samaja; August 21, 2016).
Preserving Languages and Cultures in India: The Birth of the Tulu Wikipedia (Subhashish Panigrahi; August 26, 2016).
Meet the Newly Born Tulu Wikipedia, the 23rd in a South Asian Language! (Subhashish Panigrahi; August 28, 2016).

We Tested 18 Government Apps, and Most are not Fully Accessible to the Disabled (Nirmita Narasimhan; Factor Daily; August 31, 2016).
The moral imperative and business case for accessibility in technology (Nirmita Narasimhan; Factor Daily; August 30, 2016).
We Truly are the Product being Sold (Vidushi Marda; Hindustan Times; August 31, 2016).

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Accessibility & Inclusion
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India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

Monthly Report

August 2016 Report (Suman Dogra; August 31, 2016).

►Other

Award

Nirmita Narasimhan gets NCPEDP-Mphasis Universal Design Award: NCPEDP-Mphasis Universal Design Awards were given away in the capital on August 14, 2016. Nirmita Narasimhan got the award in the "Persons with Disabilities" category.

Participation in Events

Bridging the Digital Divide (Organized by Wipro; Bangalore; August 25, 2016). Nirmita Narasimhan spoke on digital accessibility at this All Hands Meet.
Universal Design & Accessibility Conclave (Organized by IIMA in collaboration with Ministry of Social Justice and Empowerment; Ahmedabad; August 27, 2016). Nirmita Narasimhan was a speaker.

Media Coverage

An India Where the Disabled have a Choice (Dataquest; August 5, 2016).
How India’s top firms fare in employing women and persons with disabilities (Sachin P. Mampatta, Amritha Pillay and Ritika Mazumdar; Livemint; August 9, 2016).
Using technology to address issues (Hindu; August 14, 2016).
NCPEDP-Mphasis Universal Design Awards given away in the capital (India PR Wire; August 15, 2016).
NCPEDP-Mphasis Universal Design Awards given away in the capital (Hans India; August 17, 2016).
India has a long road ahead in becoming a disabled-friendly country (Sourav Roy; Your Story; August 31, 2016).

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Access to Knowledge
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Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is under a grant from the Wikimedia Foundation, is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Copyright and Patent

Participation in Event

International Conference on Innovation for Shared Prosperity (Organized by O.P. Jindal Global University and Jindal Initiative on Research in IP & Competition; August 20 and 21, 2016; New Delhi). Rohini Lakshane attended the conference.

►Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Blog Entries

Tools orientation for Telugu Wikimedians of Hyderabad (Pavan Santhosh S; August 1, 2016).
WikiConference India 2016 Submission: How to better tell your Wikimedia Community Story using Media as a Tool (Subhashish Panigrahi; August 17, 2016).
WikiConference India 2016 Submission: We, Men, Women: Collective Learning in Bridging Indic Wikipedia Gender Gaps (Elisa Chang; August 17, 2016).
WikiConference India 2016 Submission: Gender Gap in Indian Language Wikipedias – Projects, Outreach and Outcome (Dr. U.B. Pavanaja; August 17, 2016).
Community Digest: Tulu Wikipedia Goes Live after Eight Years in Incubator; News in Brief (Subhashish Panigrahi and Ting-Yi Chang; August 24, 2016).
Wikiwomen’s Meetup at St. Agnes College Explores Potentials and Plans of Women Editors in Mangalore, Karnataka (Ting Yi-Chang; August 31, 2016).

Events Organized

Focus on India—WikiConference produces new apps; state government adopts free licenses (Organized by by the Community of Wikimedians in India, supported by Wikimedia India and CIS; August 5 - 7, 2016; Chandigarh).
Wikipedia WikiMeetup at Bangalore (CIS, Bangalore; August 14, 2016).

Participation in Events

WikiConference India 2016 (Organized by Community of Wikimedians in India; August 5 - 7, 2016; Chandigarh). Sunil Abraham was a speaker.
Tulu Wikipedia Conference in Mangaluru (Organized by Times of Kudla; August 13 - 14, 2016; Malki, Mangaluru). Dr. U.B. Pavanaja gave a presentation on Tulu Wikipedia.

Media Coverage

WikiConference India 2016 Starts Friday in Chandigarh (Indo Asian News Service and NDTV; August 4, 2016).
Tulu Wikipedia Goes 'Live' (Wikimedia Blog; August 5, 2016).
India's 23rd regional Wikipedia, in Tulu, goes live (IANS and Business Standard; August 6, 2016).
After eight years, Tulu Wikipedia goes live (Raviprasad Kamila; Hindu; August 7, 2016).
In Tulu, India's 23rd Regional Wikipedia Goes Live (Naina Chaturvedi; Huffington Post; August 7, 2016).
ತುಳು ಭಾಷೆಯಲ್ಲೂ ಬಂತು ವಿಕಿಪೀಡಿಯ (Asianet Suvarna News; August 7, 2016).
India's 23rd Regional Wikipedia Launches (CMM.net; August 8, 2016).
ತುಳು ಭಾಷೆಗೆ ವಿಕಿಪೀಡಿಯ ಮನ್ನಣೆ! (Mumbai News World; August 8, 2016).
Wikipedia launches in Tulu, its 23rd Indic language (Vivek Pai; Medianama; August 9, 2016).
Telugu Wikipedians create Articles on Punjab in Telugu Wikipedia (Sakshi; August 11, 2016).
Telugu Wikipedians create Articles on Punjab in Telugu Wikipedia (Eenadu; August 11, 2016).
Tulu gets official Wikipedia page, but Mumbai linguists say more is needed (Anju Maskeri; Mid-Day; August 21, 2016).
Punjab edit-a-thon & Telugu Wikipedia success (Andhra Jyothi; August 26, 2016).
Data Xgen launches paid Hindi email service (Sneha Johari; Medianama; August 29, 2016).

►Openness

Our work in the Openness programme focuses on open data, especially open government data, open access, open education resources, open knowledge in Indic languages, open media, and open technologies and standards - hardware and software. We approach openness as a cross-cutting principle for knowledge production and distribution, and not as a thing-in-itself.

Submission

Comments on the Telangana State Open Data Policy 2016 (Anubha Sinha and Sumandro Chattapadhyay; August 31, 2016).

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Internet Governance
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As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and IDRC) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on restrictions that the Indian government has placed on freedom of expression online.

►Privacy

Blog Entries

Policy Brief on the Report of the UN Group of Governmental Experts on ICT (Elonnai Hickok and Vipul Kharbanda; August 23, 2016).
Report on Understanding Aadhaar and its New Challenges (Sumandro Chattapadhyay, Elonnai Hickock Vanya Rakesh and Japreet Grewal; August 31, 2016).

Event Organized

UIDAI and Welfare Services: Exclusion and Countermeasures (Institution of Agricultural Technologists; Bangalore; August 27, 2016).

Participation in Events

IGF Academy Regional Workshop (Organized by LIRNE Asia; Colombo; August 4, 2016). Sunil Abraham made a presentation.
Public Panel Discussion: Digitalisation for Social Change (Co-organized by Mount Carmel College, Bangalore and Friedrich-Ebert-Stiftung, India Office; Bangalore; August 22, 2016). Sunil Abraham was a panelist.

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Submission

Submission to TRAI Consultation on Proliferation of Broadband through Public WiFi Networks (Sunil Abraham, Sharath Chandra Ram, Vidushi Marda, and Thejaswi Melarkode; August 28, 2016).

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Researchers at Work
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The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Blog Entries

101 Ways of Starting an ISP:* No. 53 - Conversation, Content and Weird Fiction (Surfatial; August 3, 2016).
The Curious Incidents on Matrimonial Websites in India (Abhimanyu Roy; August 30, 2016).

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About CIS
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The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons withdisabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer and citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

► Request for Collaboration

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/august-2016-newsletter

Right to Food Campaign, Ranchi Convention, 2016

sumandro — 2019-03-16T04:40:52Z

The Right to Food Campaign held its 2016 Convention in Ranchi during September 23-25, 2016. While three years have elapsed since the passage of the National Food Security Act, despite improvements in the Public Distribution System (PDS), large implementation gaps remain. This is what the Convention focused on, and gathered researchers and campaigners from across the country to share experiences and case studies on effectiveness and exclusions from the PDS. Sumandro Chattapadhyay took part in a session of the Convention to discuss how UID-linked welfare delivery is being rolled out across key programmes like provision of pension and rationed distribution of essential commodities, and their impact on people's right to welfare services.

Right to Food Campaign: Website.

Right to Food Campaign: Cash Transfers and UID: Our Main Demands.

Ranchi Convention, 2016: Programme.

For more details visit https://cis-india.org/internet-governance/news/right-to-food-campaign-ranchi-convention-2016

An Overview of Accessibility Work (2008 - 2016)

nirmita — 2016-09-24T16:09:53Z

India has an estimated 70 million disabled persons who are unable to read printed materials due to some form of physical, sensory, cognitive or other disability. The disabled need accessible content, devices and interfaces facilitated via copyright law and accessibility policies. CIS campaigns for change in this area.

The progress made over the years can be accessed below:

Publications

E-Accessibility Policy Handbook for Persons with Disabilities (Nirmita Narasimhan, G3ict and ITU; November 23, 2010): The handbook was compiled and edited by Nirmita Narasimhan. Nirmita also contributed to the original toolkit.
Universal Service for Persons with Disabilities (CIS, G3ict and Hans Foundation; December 27, 2011). Nirmita Narasimhan was a co-author.
Web Accessibility Policy Making (CIS, G3ict and Hans Foundation; February 28, 2012). Nirmita Narasimhan was a contributor.
Making Mobile Phones and Services Accessible for Persons with Disabilities (ITU and G3ict; August 2012). Nirmita Narasimhan was a co-author.
Accessibility of Government Websites in India: A Report (CIS and Hans Foundation; September 26, 2012). Nirmita Narasimhan was a co-author.
Opening New Avenues for Empowerment (UNESCO; February 2013). Nirmita Narasimhan was the project coordinator from Asia Pacific.
Inclusive Financial Services for Seniors and Persons with Disabilities: Global Trends in Accessibility Requirements (G3ict and CIS; February 2015). Nirmita Narasimhan was a co-author.
National Compendium of Laws, Policies and Programmes for Persons with Disabilities (CIS and Office of the Chief Commissioner for Persons with Disabilities, Department of Disability Affairs, Ministry of Social Justice and Empowerment, Govt. of India; January 3, 2016). Nirmita Narasimhan was one of the contributors.

Reports

NIVH Annual Report 2011-12 (NIVH; 2012)
Inclusive Disaster and Emergency Management for Persons with Disabilities (Nirmita Narasimhan and Deepti Samant Raja; September 17, 2013). The report was submitted to the National Disaster Management Authority of India for their action.
Banking and Accessibility in India: A Report (Nirmita Narasimhan; August 12, 2013)
Accessibility of Political Parties Websites in India (Nirmita Narasimhan; March 24, 2014).
Enabling Elections (Nirmita Narasimhan and Centre for Law and Policy Research; March 2014).

Policy Submissions and Feedback

CIS worked with the Department of Electronics and Information Technology and civil society and industry partners such as the National Centre for Promotion of Employment for Disabled People (NCPEDP), Microsoft Corporation, National informatics Centre (NIC), etc., to formulate and implement a National Electronic Accessibility Policy to ensure that all Indian information and communication technologies and electronic infrastructure (including the Internet) and research which is publically funded, is accessible to persons with disabilities. Nirmita Narasimhan was part of the policy drafting committee.
Accessibility in the New Telecom Policy 2011: CIS made a submission to the Department of Telecommunications, Ministry of Communications & Information Technology, Government of India on December 9, 2011. CIS was one of the 27 organisations that sent a joint letter requesting that accessibility for persons with disabilities be included specifically within the goals and objectives of the policy.
Pilot Project Scheme - Access to ICTs and ICT Enabled Services for Persons with Disabilities in Rural India: CIS worked with USOF of India to design a scheme to launch projects for persons with disabilities. CIS prepared a background paper for the USOF, compiled a comprehensive global report which was later published in cooperation with G3ict and helped to convene a stakeholders meeting in September 2011 to launch the scheme and invite project applications.
Comments to the Rights of Persons with Disabilities Bill, 2014 (Nirmita Narasimhan and Anandhi Viswanathan; October 30, 2014). The comments were submitted to the Parliamentary Standing Committee in October 2014.
CIS joined hands with Daisy Forum of India member Arushi in Bhopal to submit a request for a notification mandating that all communication by the Government of Madhya Pradesh should be accessible to persons with disabilities. The state government issued a notification in Hindi requesting all departments to comply with WCAG 2.0 and use Unicode font. Nirmita Narasimhan drafted this submission.
Accessible ICT Procurement: CIS along with 20 other organisations petitioned the Ministry of Social Justice & Empowerment, Ministry of Finance and the Ministry of Information Technology, Govt. of India to bring in accessibility considerations within the draft Procurement Bill.
Comments to the GIGW (Nirmita Narasimhan; April 30, 2015): CIS submitted its comments to the National Informatics Centre for making Indian government websites conform to the notified standards of the Guidelines for Indian Government Websites.
Recommendations on Accessible ICT Procurement (Pranesh Prakash; May 9, 2016). CIS along with 20 other organisations petitioned the Ministry of Social Justice & Empowerment, Ministry of Finance and the Ministry of Information Technology to bring in accessibility considerations within the draft Procurement Bill.

WIPO

CIS is accredited as an observer at WIPO and regularly participates in the meetings of the Standing Committee for Copyright and Related Rights (SCCR) held in Geneva. CIS is actively involved in matters being discussed there such as the TVI. As part of its work, CIS provides comments at the SCCR and advises the Indian government on these matters through policy briefs, research and interactive discussions and meetings. CIS has given several statements on Treaty for the Visually Impaired and prepared an analysis of the consensus document on an international instrument on limitations and exceptions for persons with disabilities with the Third World Network which was widely circulated amongst the negotiators at the SCCR. CIS’ statements at the SCCR in June 2013, July 2012, December 2011, June 2011, and November 2010 are available on the CIS website.

CIS took part in the WIPO Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities in Marrakesh, Morocco, June 17 to 28, 2013. The conference concluded with the adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled. CIS's Closing Statement at Marrakesh on the Treaty for the Blind can be seen here.

At the national level CIS has been campaigning for right to read, attending meetings with ministries such as the Ministry of Human Resource Development, Department of Electronics and Information Technology, and the Ministry of Social Justice and Empowerment, and giving feedback on the Copyright Amendment Bills. Earlier this year, CIS gave a detailed analysis of the Copyright (Amendment) Bill 2012 examining the positive changes and the negative ones.

Events

National Workshop on Web Accessibility (Organized by CIS and Society for Promotion of Alternative Computing and Employment; September 25-26, 2009).
National Conference on ICTs for Differently Abled / Under privileged Communities in Education, Employment & Entrepreneurship — NCIDEEE 2009 (Loyola College, Chennai, December 1 – 3, 2009): The event was co-organised by Dr. A. Albert Muthumalai S. J, Principal, Loyola College, & Prof. J. Jerald Inico, Faculty In-charge, Resource Centre for the Differently Abled (RCDA), Loyola College, in association with NASSCOM, Computer Society of India and CIS.
CIS organized Right to Read campaigns in the 4 metro cities of Chennai Kolkata, Delhi and Mumbai. The campaign has gathered thousands of supporters and has succeeded in bringing the problems of the print disabled to the notice of policy makers and the general public.
EdICT 2010 (New Delhi, October 27 to 30, 2010): CIS in collaboration with G3ict, UNESCO, ITU, WIPO, The Deafway Foundation, DEF and SPACE and with the support from Hans Foundation and the Department of Information Technology, Ministry of Information and Communication Technology organised this event. Twenty-nine experts made presentations on a variety of topics, ranging from discussing challenges and solutions in educational institutions, to technology development and policy formulation and implementation. A total of 77 participants attended this event.
Websites Accessibility Evaluation Methodologies at Twentieth International World Wide Web Conference (Hyderabad, March 30 – 31, 2011): CIS co-organised this with G3ict and W3C. The panel discussed web accessibility evaluation methodologies and their challenges and technical survey methodologies alternatives. The panel was moderated by Nirmita Narasimhan and featured four speakers — Shadi Abou Zahra, Neeta Verma, Srinivasu Chakravartula and Glenda Sims.
ITU Tutorial on Audiovisual Media Accessibility (India International Centre, New Delhi, March 14 – 15, 2012): In cooperation with the ITU-APT Foundation of India, CIS hosted a two-day Tutorial on Audio Visual Media Accessibility from March 14 to 15, 2012 at the India International Centre, New Delhi, India.
Girls in ICT Day (Organized by CIS and Mithra Jyothi; Bangalore; April 25, 2013).

Internet Governance Forum
CIS has been organising workshops and participating regularly at IGF events since 2008 on topics like accessibility, access to knowledge, openness, internet governance, freedom of expression, etc. Details given below: IGF 2008, Hyderabad, India: CIS joined the Dynamic Coalition on Open Standards and also contributed to the authoring of the Agreement on Procurement in Support of Interoperability and Open Standards. CIS is now a part of the DCOS secretariat. IGF 2009, Sharm El Sheikh, Egypt: Nirmita Narasimhan presented on Accessibility Policy Making: An International Perspective at the Global Internet Access for Persons with Disabilities workshop organised by ITU and EBU on November 16. CIS also co-organised the workshop on ‘Content Regulation, Surveillance and Sexuality Rights – Privacy, Agency and Security’, together with the Association for Progressive Communications, Women’s Networking Support Programme and the Alternative Law Forum. IGF2010, Vilnius, Lithuania: At the UNESCO Open Forum, Anja Kovacs presented the research study ‘Exploring ICT-enabled Education Initiatives for Persons with Disabilities in the Asia-Pacific Region’. The study was undertaken by CIS in cooperation with G3ICT and UNESCO. Besides this, CIS co-organised these workshops: Freedom of Expression or Access to Knowledge: Are We Taking the Necessary Steps towards an Open and inclusive Internet? with the Center for Technology and Society, Brazil, ‘Sexual Rights, Openness and Regulatory Systems’, with the Association for Progressive Communications and the Alternative Law Forum, Open Standards: Ensuring Accessibility and Inclusiveness with the World Wide Web Consortium and the workshop on Data in the Cloud: Where Do Open Standards Fit In? IGF 2011, Nairobi, Kenya: Use of Digital Technologies for Civic Engagement and Political Change: Lessons Learned and Way Forward and Open Spectrum for Development in the Context of the Digital Migration. These workshops were organized by CIS.

Awards

Nirmita Narasimhan was awarded the National Award for Empowerment of Persons with Disabilities from the Government of India on December 3, 2010 on the occasion of the World Disability Day. The award was presented by Smt. Pratibha Patil, President of India under the Role Model category. The award function took place at Vigyan Bhavan in New Delhi and was telecast live on Doordarshan.
Nirmita Narasimhan received the NIVH Excellence Award from Justice AS Anand (retd), former chairman of the National Human Rights Commission, on International Day of Persons with Disabilities at the National Institute for the Visually Handicapped in Dehradun on December 3, 2011. The Tribune covered the award ceremony.
Girls in ICT Day 2013 (organized by ITU-APT Foundation of India with support from CMAI - Association of India Communication and Infrastructure, FICCI Auditorium, Tansen Marg, New Delhi, May 7, 2013). Dr. Nirmita Narasimhan got a felicitation for her contribution and achievements in the field of Information and Communication Technology. The honour was conferred during the celebration of this event.
Nirmita Narasimhan won the NCPEDP-Mphasis Universal Design Award in the "Persons with Disabilities" category. The awards aim to raise awareness about accessibility.

Articles and Interviews

Technology for Accessibility in Higher Education: Nirmita Narasimhan wrote an article in Enabling Access for Persons with Disabilities to Higher Education and Workplace - Role of ICT and Assistive Technologies. The IIMB Journal was brought out on the occasion of the conference ‘never-the-less’.
The Business Case for Web Accessibility: NASSCOM Foundation published "Understanding Web Accessibility — A Guide to create Accessible Work Environments". In this handbook on web accessibility, Nirmita Narasimhan authored a chapter titled “The Business Case for Web Accessibility”.
Barriers to Access in a Connected World: Hans Foundation published its Annual Review of 2011. Nirmita Narasimhan wrote an article in it. She wrote that accessibility is an imperative to achieve a truly inclusive and participatory society and every individual, corporation, organization and government has a crucial role to play in nurturing it.
Girls in ICT Portal (November 28, 2011): ITU interviewed Nirmita and published her profile on their website.
An India Where the Disabled have a Choice (Dataquest, August 5, 2016). Nirmita Narasimhan spoke to Dr. Archana Verma about the problems faced by the disabled while using technology.
We Tested 18 Government Apps, and Most are not Fully Accessible to the Disabled (Nirmita Narasimhan; Factor Daily, August 31, 2016).
Mobile Apps Are Excluding Millions Of Indians Who Want To Use Them (Nirmita Narasimhan; Huffington Post; September 22, 2016).

Media Coverage

Nirmita Narasimhan gave inputs to the following media coverage:

DFI and Cambridge University Press join hands for getting print access to the “print impaired” (The Bookseller; November 27, 2009).
WIPO Proposals Would Open Cross-Border Access To Materials For Print Disabled (IP Watch; May 28, 2010).
Disability groups in India welcome progress on treaty for blind persons (The Times of India; December 20, 2012).
Indian Users’ Perspective On WIPO Negotiations On Treaty For Visually Impaired (IP Watch; February 16, 2013).
How tech brings self-reliance to students with disabilities (The Times of India; May 29, 2016).
How India’s top firms fare in employing women and persons with disabilities (Livemit; August 9, 2016).
Using technology to address issues (The Hindu; August 14, 2016).
India has a long road ahead in becoming a disabled-friendly country (Your Story; August 31, 2016).

NVDA and eSpeak

Hans Foundation is funding CIS to do a project on developing a text-to-speech software in 15 Indian languages over a period of two-and-a-half years. Following are the monthly programmatic reports indicating the progress made in the project:

Monthly Reports

2014

		March	April	May	June	July	August	September	October	November	December

2015

January	February	March	April	May	June	July	August	September	October	November	December

2016

January	February	March	April	May	June	July	August

Training Programmes

Following are the reports of the training programmes that were conducted across several locations in India:

15 days Training in Basic Computing with use of NVDA and eSpeak in Hindi (April 10; 2015).
15 days Training in Basic Computing with use of NVDA and eSpeak in Gujarati (April 16, 2015).

15 days Training in Basic Computing with use of NVDA and eSpeak in Oriya (April 30, 2015).
eSpeak Tamil Computing with NVDA (May 4 – 8, 2015).
Training in Basic Computing with use of NVDA and eSpeak in Assamese (May 9 – 10, 2015).
Training in the Use of eSpeak for Indian Languages during TOT (May 11 – 20, 2015).
Tamil Language (May 25 – 29, 2015).
Training on the Use of eSpeak Hindi on Windows and Android Platforms (May 28, 2015).
Report on 30 Days Summer Course on Basic Computer Competencies and Language Proficiency (May 1 – 30, 2015).
Tamil Computing with NVDA Training Workshop (Organized by NVDA team: Anne Jane Ask with Higher Secondary School for the Visually Impaired, Palayamkottai, Tirunelveli; June 3 – 7, 2015).
Report on eSpeak Tamil Computing with NVDA Training Workshop in Tirunelveli (Organized by NVDA team; Anne Jane Askwith Higher Secondary School for the Visually Impaired, Palayamkottai, Tirunelveli; June 3 - 7, 2015).
Training in eSpeak Marathi (Organized by NVDA team; National Association for the Blind; Nashik; June 22 - 23, 2015).
Training in eSpeak Marathi (Organized by NVDA team; SIES College, Sion, Mumbai; June 28, 2015).
Training in eSpeak Marathi (Organized by CIS; Atmadepam Society; August 22 – 23, 2015).
Training in eSpeak Hindi (Organized by NVDA team; Jeevan Jyoti School for the Blind; Varanasi; August 26 - 28, 2015).
eSpeak Training in Hindi Language (Organized by CIS and National Association for the Blind; Kullu; September 3 – 4, 2015).
Training in use of eSpeak Bengali with NVDA (Organized by CIS; Turnstone Matruchaya, Siligudi, West Bengal; September 7 – 9, 2015).
5 day TOT for Training in Use of eSpeak Kannada with NVDA (Organized by CIS, Mithra Jyoti, Enable India and NFB, Bangalore; September 21 – 25, 2015; Bangalore).
Training in the use of eSpeak Hindi with NVDA (Organized by CIS and Lakshay for the Differently Abled; September 29 – 30, 2015; Ranchi). The event was conducted online by Dr. Homiyar with local support from Mritunjay Kumar and Zainab.
Report on eSpeak with NVDA Screen Reader and Assistive Technology for Visually Challenged (Organized by National Association for the Blind, New Delhi, Centre for Differently Abled Persons, Bharathidasan University, Tiruchirappalli, and CIS; January 21, 2016; Tiruchirappalli).
Report on NVDA with E-Speak and BookShare Online Library (Organized by Karna Vidya Technology Centre, Computer and Internet Society, and CIS; February 27, 2016; Chennai).

For more details visit https://cis-india.org/accessibility/resources/cis-accessibility-work-overview

Where is the Regional Comprehensive Economic Partnership Headed?

sinha — 2016-09-17T14:15:05Z

The Regional Comprehensive Economic Partnership (RCEP) – the Asian answer to the Trans-Pacific Partnership (TPP) is still being furiously scripted.

The blog post was originally published in Spicy IP on September 7, 2016. It can be read here.

The US-led TPP and China-led RCEP were always touted as rivals racing to set global trade standards before the conclusion of the other. Well, TPP gunned ahead and is currently in the ratification phase, where as RCEP is yet to be concluded and talks may very well enter 2017. The latest round of RCEP talks ended last month and paints a worrisome picture for the global south, given that it will bring 3.5 billion people and 12% of world trade into its fold.

Free Trade Agreements (FTAs) do not enable zero-sum free trade. In fact, each country leaves with disproportionate gains and losses in their kitty, after the conclusion of the agreement. And the worst casualties are environment, public health, labour rights, SMEs and local markets. Since there is plenty of give and take occurring in a context of fluid foreign policy relations, it becomes imperative to locate the ‘barter’. Last month, Balaji wrote an excellent comparative analysis(I & II) of the RCEP IPR text, and this post complements that. I present a regional overview of negotiations and the impact on course of the agreement, as gathered from press coverage of the meetings and the leaks; and to provide a more wholesome picture of the barters, I discuss other relevant chapters at the end of this post. Further, as the negotiations are conducted in secrecy, different organisations and individuals have ‘leaked’ draft texts. KEI and bilaterals.org are two such organizations that regularly collate and release latest RCEP texts. I rely on RCEP’s IP Chapter(October 15, 2015 version) and Terms of Reference by the Working Group on Electronic Commerce(August 2015 version). Analysing the Telecommunications Services chapter is outside the scope of the post, and I link it here for the interest of our readers.

Impact on E-commerce

What is currently available are the terms for reference establishing the Working Group’s mandate on drafting a chapter on e-commerce. The document acknowledges the need for inclusion of a provision for special and differential treatment, and additional flexibilities to the least developed ASEAN countries. It draws a list of relevant elements for possible inclusion in the RCEP. I reproduce the list here (emphasis supplied is mine):

I. General Provisions

Cooperation
Electronic Supply of Services

II. Trade Faciliation

Paperless Trading
Electronic Signature and Digital Certification

III. Creating a Conducive Environment for Electronic Commerce

Online Consumer Protection
Online Personal Data Protection
Unsolicited Commercial E-mail
Domestic Regulatory Frameworks
Custom Duties
Non-Discriminatory Treatment of Digital Products

IV. Promoting Cross Border Electronic Commerce

Prohibition on Requirements Concerning the Location of Computing Facilities
Prohibition on Requirements Concerning Disclosure of Source Code
Cross- Border Transfer of Information by Electronic Means

While there is no clarity on customs duties, there is a mention of non-discriminatory treatment of digital products. While India has no law on non-discriminatory treatment of digital products, this may conflict with the Indian government’s policy on adoption of open source software for government use.

More alarmingly, the first prohibition restrains governments from mandating data localisation. The Trans-Pacific Partnership (TPP) and Trade in Services Agreement (TISA) also bar governments from making rules on data localisation, i.e. requiring physical situation of servers and storage in their countries’ territories. This is a worrisome provision because it may effectuate surreptitious surveillance. The prohibition on disclosure of source code is also troublesome and is aimed to stop examination and review of code in computing devices. This would effectively ban security researchers from finding security vulnerabilities in devices, and the if the provision is drafted like its counterpart in the TPP, there will also be prohibitions on checks by regulating authorities.

Re ‘Cross- Border Transfer of Information by Electronic Means’, the provision will be most likely drafted to favour big data and advertising companies’ operations enabling unrestricted transfer of personal data(like the TPP). If that is the case, then it will be in conflict with Rule 7 of the Information Technology (Reasonable security practices and sensitive personal data or information) Rules 2011, which permits cross-border flow of personal information only in situations where the recipient of the information complies with Indian data protection standards as a bare minimum.

Impact on farmer's seeds

RCEP is bound to hit farmers the worst: not only are countries reducing tariffs for increased import of agricultural products, there also exists an obligation to join the International Union for Protection of New Varieties of Plants (UPOV system), which would mandate members to introduce a new IPR: the breeders’ right over new plant varieties. Japan and Korea want RCEP members to join UPOV 1991, and Japan has proposed criminal penalties for the infringement of breeders’ rights.

While India has applied to become a member to the UPOV Convention, in 2001 it passed the Protection of Plant Varieties and Farmers’ Rights Act, and thereby built a sui generis system of protection (ambitiously trying to balance breeders’ rights and farmers’ rights). It will be naive to expect a similar attempt in balanced lawmaking by other countries. Furthermore, “…India’s current legislation is less stringent than UPOV 1991. It allows farmers to continue with their seed practices, except they cannot sell packaged seeds of protected varieties. The space for both small farmers and public breeders to freely work with seeds will be lost of RCEP goes the way of what Korea and Japan are proposing.” Using FTAs to reduce farmers’ freedom has been well documented, and you may read more on that here.

The text also desires all RCEP members to codify traditional knowledge and make it available to various patent offices. This push is widely regarded as problematic, as it is feared that documenting and digitization of existing knowledge may propel companies to use that information for commercial gains, to the detriment of the indigenous people and farming communities. On the other hand, it would be feasible to share such data in a confidential manner with patent offices, as India has done under the TKDL.

Massive reduction in tariffs

Tariffs emerged as an enormous sticking point in the August round, and there was pressure on India to eliminate tariffs completely. India proposed a differential tariff reduction plan, but countries kept pushing for a single-tier plan – particularly Japan. Finally, in what is seen as a big loss, India offered tariff cuts as high as 80% goods trade for all RCEP partners, except China. With China, India said that it was only comfortable with a 65% tariff cut initially, given the skewed trade deficit between China and India. It is worth noting that for India, RCEP will become the first FTA to forge trade partnerships with China, Australia,and New Zealand.

As a result of the heavy concession in tariffs, the Kerala Agriculture Minister has moved a cabinet note, and written a letter to the Centre expressing serious concerns on lowering of tariffs for agricultural products. He also requested to include Kerala in the RCEP pre-negotiation talks.

Staving off ISDS

Provisions on investor-to-state dispute settlement (ISDS) are being pushed by Japan and South Korea. Countries are not convinced about agreeing to this, especially India. In fact, India is in the process of rolling back on bilateral investment treaties, and has already moved for BIT termination with 57 countries. We’ve already seen ISDS being (mis)used by private entities against governments – there have been enough challenges to countries’ IPR laws and policies as well.

Mobilised Movements against the RCEP

Individuals and organizations are advocating for scrapping the RCEP, given the impact that it is expected to have on people’s rights and freedoms. A ‘People’s Strategy Meeting’ last month conducted large-scale sessions to inform civil society organizations, NGOs, trade unions, farmers groups and other peoples’ movements in the Asia-pacific region. Many have also been persistently calling out for a meeting with negotiators of their respective countries and for a public hearing on the RCEP. The Asia Pacific Research Network has released a policy brief on the RCEP, and you may read that here.

The road ahead

Looking at the larger picture, it is evident now that neo-FTAs’ focus on trade has descended into attacks on sovereign states’ economic and social policies.

With respect to the RCEP IPR text, India is trying to eliminate TRIPS plus provisions from the text. And after heavy concessions on the tariff front, it will be bargaining for liberalisation in services in the next rounds. India’s aim is to clinch a deal allowing for free-er movement of its workers and professionals. Further, the negotiations are going to proceed quickly now. Members are becoming desperate to lock down the text, and therefore, this year we will see more rounds than the usual scheduled ones. The urgency is driven largely by Japan and Korea – both of which wish to ratify the TPP soon and would like the RCEP to work in tandem.

In another worrisome development, Phillipines, Thailand and Indonesia have met with US trade officials on what they need to do to join the TPP, once it is implemented. These countries are considering making serious changes to their labour, environmental, IP, and other standards. Yesterday, US Prez. Obama arrived in Vietnam for the Asean summit, trying hard to sell the TPP. Japan and Korea are already TPP members, and if ASEAN countries come under TPP’s fold as well, we may see an upping of standards at the RCEP.

India will have to deploy serious negotiating chops at the upcoming rounds if it is remotely hopeful of steering the RCEP standards away from the TPP.

Author’s note: Added the sentence “On the other hand, it would be feasible to share such data in a confidential manner with patent offices, as India has done under the TKDL.”

For more details visit https://cis-india.org/a2k/blogs/spicy-ip-september-7-2016-anubha-sinha-where-is-the-regional-comprehensive-economic-partnership-headed

Report on Understanding Aadhaar and its New Challenges

Japreet Grewal, Vanya Rakesh, Sumandro Chattapadhyay, and Elonnai Hickock — 2019-03-16T04:42:52Z

The Trans-disciplinary Research Cluster on Sustainability Studies at Jawaharlal Nehru University collaborated with the Centre for Internet and Society, and other individuals and organisations to organise a two day workshop on “Understanding Aadhaar and its New Challenges” at the Centre for Studies in Science Policy, JNU on May 26 and 27, 2016. The objective of the workshop was to bring together experts from various fields, who have been rigorously following the developments in the Unique Identification (UID) Project and align their perspectives and develop a shared understanding of the status of the UID Project and its impact. Through this exercise, it was also sought to develop a plan of action to address the welfare exclusion issues that have arisen due to implementation of the UID Project.

Report: Download (PDF)

This Report is a compilation of the observations made by participants at the workshop relating to myriad issues under the UID Project and various strategies that could be pursued to address these issues. In this Report we have classified the observations and discussions into following themes:

1. Brief Background of the UID Project

2. Legal Status of the UIDAI Project

Procedural issues with passage of the Act
Status of related litigation

3. National Identity Projects in Other Jurisdictions

Pakistan
United Kingdom
Estonia
France
Argentina

4. Technologies of Identification and Authentication

Use of Biometric Information for Identification and Authentication
Architectures of Identification
Security Infrastructure of CIDR

5. Aadhaar for Welfare?

Social Welfare: Modes of Access and Exclusion
Financial Inclusion and Direct Benefits Transfer

6. Surveillance and UIDAI

7. Strategies for Future Action

Annexure A Workshop Agenda

Annexure B Workshop Participants

1. Brief Background of the UID Project

In the year 2009, the UIDAI was established and the UID project was conceived by the Planning Commission under the UPA government to provide unique identification for each resident in India and to be used for delivery of welfare government services in an efficient and transparent manner, along with using it as a tool to monitor government schemes. The objective of the scheme has been to issue a unique identification number by the Unique Identification Authority of India, which can be authenticated and verified online. It was conceptualized and implemented as a platform to facilitate identification and avoid fake identity issues and delivery of government benefits based on the demographic and biometric data available with the Authority.

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the “Act”) was passed as a money bill on March 16, 2016 and was notified in the gazette March 25, 2016 upon receiving the assent of the President. However, the enforceability date has not been mentioned due to which the bill has not come into force.

The Act provides that the Aadhaar number can be used to validate a person’s identity, but it cannot be used as a proof of citizenship. Also, the government can make it mandatory for a person to authenticate her/his identity using Aadhaar number before receiving any government subsidy, benefit, or service. At the time of enrolment, the enrolling agency is required to provide notice to the individual regarding how the information will be used, the type of entities the information will be shared with and their right to access their information. Consent of an individual would be obtained for using his/her identity information during enrolment as well as authentication, and would be informed of the nature of information that may be shared. The Act clearly lays that the identity information of a resident shall not be sued for any purpose other than specified at the time of authentication and disclosure of information can be made only pursuant to an order of a court not inferior to that of a District Judge and/or disclosure made in the interest of national security.

2. Legal Status of the UIDAI Project

In this section, we have summarised the discussions on the procedural issues with the passage of the Act. The participants had criticised the passage of the Act as a money bill in the Parliament. The participants also assessed the litigation pending in the Supreme Court of India that would be affected by this law. These discussions took place in the session titled, ‘Current Status of Aadhaar’ and have been summarised below.

Procedural Issues with Passage of the Act

The participants contested the introduction of the Act in the form of a money bill. The rationale behind this was explained at the session and is briefly explained here. Article 110 (1) of the Constitution of India defines a money bill as one containing provisions only regarding the matters enumerated or any matters incidental to the following: a) imposition, regulation and abolition of any tax, b) borrowing or other financial obligations of the Government of India, c) custody, withdrawal from or payment into the Consolidated Fund of India (CFI) or Contingent Fund of India, d) appropriation of money out of CFI, e) expenditure charged on the CFI or f) receipt or custody or audit of money into CFI or public account of India. The Act makes references to benefits, subsidies and services which are funded by the Consolidated Fund of India (CFI), however the main objectives of the Act is to create a right to obtain a unique identification number and provide for a statutory mechanism to regulate this process. The Act only establishes an identification mechanism which facilitates distribution of benefits and subsidies funded by the CFI and this identification mechanism (Aadhaar number) does not give it the character of a money bill. Further, money bills can be introduced only in the Lok Sabha, and the Rajya Sabha cannot make amendments to such bills passed by the Lok Sabha. The Rajya Sabha can suggest amendments, but it is the Lok Sabha’s choice to accept or reject them. This leaves the Rajya Sabha with no effective role to play in the passage of the bill.

The participants also briefly examined the writ petition that has been filed by former Union minister Jairam Ramesh challenging the constitutionality and legality of the treatment of this Act as a money bill which has raised the question of judiciary’s power to review the decisions of the speaker. Article 122 of the Constitution of India provides that this power of judicial review can be exercised to look into procedural irregularities. The question remains whether the Supreme Court will rule that it can determine the constitutionality of the decision made by the speaker relating to the manner in which the Act was introduced in the Lok Sabha. A few participants mentioned that similar circumstances had arisen in the case of Mohd. Saeed Siddiqui v. State of U.P. [1].

where the Supreme Court refused to interfere with the decision of the Uttar Pradesh legislative assembly speaker certifying an amendment bill to increase the tenure of the Lokayukta as a money bill, despite the fact that the bill amended the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975, which was passed as an ordinary bill by both houses. The Court in this case held that the decision of the speaker was final and that the proceedings of the legislature being important legislative privilege could not be inquired into by courts. The Court added, “the question whether a bill is a money bill or not can be raised only in the state legislative assembly by a member thereof when the bill is pending in the state legislature and before it becomes an Act.”

However, it is necessary to carve a distinction between Rajya Sabha and State Legislature. Unlike the State Legislature, constitution of Rajya Sabha is not optional therefore significance of the two bodies in the parliamentary process cannot be considered the same. Participants also made another significant observation about a similar bill on the UID project (National Identification Authority of India (NIDAI) Bill) that was introduced before by the UPA government in 2010 and was deemed unacceptable by the standing committee on finance, headed by Yashwant Sinha. This bill was subsequently withdrawn.

Status of Related Litigation

A panellist in this session briefly summarised all the litigation that was related to or would be affected by the Act. The panellist also highlighted several Supreme Court orders in the case of KS Puttuswamy v. Union of India [2] which limited the use of Aadhaar. We have reproduced the presentation below.

KS Puttuswamy v. Union of India - This petition was filed in 2012 with primary concern about providing Aadhaar numbers to illegal immigrants in India. It was contended that this could not be done without a law establishing the UIDAI and amendment to the Citizenship laws. The petitioner raised concerns about privacy and fallibility of biometrics.
Sudhir Vombatkere & Bezwada Wilson [3] - This petition was filed in 2013 on grounds of infringement of right to privacy guaranteed under Article 21 of the Constitution of India and the security threat on account of data convergence.
Aruna Roy & Nikhil Dey [4] - This petition was filed in 2013 on the grounds of large scale exclusion of people from access to basic welfare services caused by UID. After their petition, no. of intervention applications were filed. These were the following:
Col. Mathew Thomas [5] - This petition was filed on the grounds of threat to national security posed by the UID project particularly in relation to arrangements for data sharing with foreign companies (with links to foreign intelligence agencies).
Nagrik Chetna Manch [6] - This petition was filed in 2013 and led by Dr. Anupam Saraph on the grounds that the UID project was detrimental to financial service regulation and financial inclusion.
S. Raju [7] - This petition was filed on the grounds that the UID project had implications on the federal structure of the State and was detrimental to financial inclusion.
Beghar Foundation - This petition was filed in 2013 in the Delhi High Court on the grounds invasion of privacy and exclusion specifically in relation to the homeless. It subsequently joined the petition filed by Aruna Roy and Nikhil Dey as an intervener.
Vickram Crishna – This petition was originally filed in the Bombay High Court in 2013 on the grounds of surveillance and invasion of privacy. It was later transferred to the Supreme Court.
Somasekhar – This petition was filed on the grounds of procedural unreasonableness of the UID project and also exclusion & privacy. The petitioner later intervened in the petition filed by Aruna Roy and Nikhil Dey in 2013.
Rajeev Chandrashekhar– This petition was filed on the ground of lack of legal sanction for the UID project. He later intervened in the petition filed by Aruna Roy and Nikhil Dey in 2013. His position has changed now.
Further, a petition was filed by Mr. Jairam Ramesh initially challenging the passage of the Act as a money bill but subsequently, it has been amended to include issues of violation of right to privacy and exclusion of the poor and has advocated for five amendments that were suggested to the Aadhaar Bill by the Rajya Sabha.

Relevant Orders of the Supreme Court

There are six orders of the Supreme Court which are noteworthy.

Order of Sept. 23, 2013 - The Supreme court directed that: 1) no person shall suffer for not having an aadhaar number despite the fact that a circular by an authority makes it mandatory; 2) it should be checked if a person applying for aadhaar number voluntarily is entitled to it under the law; and 3) precaution should be taken that it is not be issued to illegal immigrants.
Order of 26th November, 2013 – Applications were filed by UIDAI, Ministry of Petroleum & Natural Gas, Govt of India, Indian Oil Corporation, BPCL and HPCL for modifying the September 23rd order and sought permission from the Supreme Court to make aadhaar number mandatory. The Supreme Court held that the order of September 23rd would continue to be effective.
Order of 24th March, 2014 – This order was passed by the Supreme Court in a special leave petition filed in the case of UIDAI v CBI [8] wherein UIDAI was asked to UIDAI to share biometric information of all residents of a particular place in Goa to facilitate a criminal investigation involving charges of rape and sexual assault. The Supreme Court restrained UIDAI from transferring any biometric information of an individual without to any other agency without his consent in writing. The Supreme Court also directed all the authorities to modify their forms/circulars/likes so as to not make aadhaar number mandatory.
Order of 16th March, 2015 - The SC took notice of widespread violations of the order passed on September 23rd, 2013 and directed the Centre and the states to adhere to these orders to not make aadhaar compulsory.
Orders of August 11, 2015 – In the first order, the Central Government was directed to publicise the fact that aadhaar was voluntary. The Supreme Court further held that provision of benefits due to a citizen of India would not be made conditional upon obtaining an aadhaar number and restricted the use of aadhaar to the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene and the LPG Distribution Scheme. The Supreme Court also held that information of an individual that was collected in order to issue an aadhaar number would not be used for any purpose except when directed by the Court for criminal investigations. Separately, the status of fundamental right to privacy was contested and accordingly the Supreme Court directed that the issue be taken up before the Chief Justice of India.
Orders of October 16, 2015 – The Union of India, the states of Gujarat, Maharashtra, Himachal Pradesh and Rajasthan, and authorities including SEBI, TRAI, CBDT, IRDA , RBI applied for a hearing before the Constitution Bench for modification of the order passed by the Supreme Court on August 11 and allow use of aadhaar number schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Providend Fund Organisation (EPFO). The Bench allowed the use of aadhaar number for these schemes but stressed upon the need to keep aadhaar scheme voluntary until the matter was finally decided.

Status of these orders
The participants discussed the possible impact of the law on the operation of these orders. A participant pointed out that matters in the Supreme Court had not become infructuous because fundamental issues that were being heard in the Supreme Court had not been resolved by the passage of the Act. Several participants believed that the aforementioned orders were effective because the law had not come into force. Therefore, aadhaar number could only be used for purposes specified by the Supreme Court and it could not be made mandatory. Participants also highlighted that when the Act was implemented, it would not nullify the orders of the Supreme Court unless Union of India asked the Supreme Court for it specifically and the Supreme Court sanctioned that.

3. National Identity Projects in Other Jurisdictions

A panellist had provided a brief overview of similar programs on identification that have been launched in other jurisdictions including Pakistan, United Kingdom, France, Estonia and Argentina in the recent past in the session titled ‘Aadhaar - International Dimensions’. This presentation mainly sought to assess the incentives that drove the governments in these jurisdictions to formulate these projects, mandatory nature of their adoption and their popularity. The Report has reproduced the presentation here.

Pakistan

The Second Amendment to the Constitution of Pakistan in 2000 established the National Database and Regulation Authority in the country, which regulates government databases and statistically manages the sensitive registration database of the citizens of Pakistan. It is also responsible for issuing national identity cards to the citizens of Pakistan. Although the card is not legally compulsory for a Pakistani citizen, it is mandatory for:

Voting
Obtaining a passport
Purchasing vehicles and land
Obtaining a driver licence
Purchasing a plane or train ticket
Obtaining a mobile phone SIM card
Obtaining electricity, gas, and water
Securing admission to college and other post-graduate institutes
Conducting major financial transactions

Therefore, it is pretty much necessary for basic civic life in the country. In 2012, NADRA introduced the Smart National Identity Card, an electronic identity card, which implements 36 security features. The following information can be found on the card and subsequently the central database: Legal Name, Gender (male, female, or transgender), Father's name (Husband's name for married females), Identification Mark, Date of Birth, National Identity Card Number, Family Tree ID Number, Current Address, Permanent Address, Date of Issue, Date of Expiry, Signature, Photo, and Fingerprint (Thumbprint). NADRA also records the applicant's religion, but this is not noted on the card itself. (This system has not been removed yet and is still operational in Pakistan.)

United Kingdom

The Identity Cards Act was introduced in the wake of the terrorist attacks on 11th September, 2001, amidst rising concerns about identity theft and the misuse of public services. The card was to be used to obtain social security services, but the ability to properly identify a person to their true identity was central to the proposal, with wider implications for prevention of crime and terrorism. The cards were linked to a central database (the National Identity Register), which would store information about all of the holders of the cards. The concerns raised by human rights lawyers, activists, security professionals and IT experts, as well as politicians were not to do with the cards as much as with the NIR. The Act specified 50 categories of information that the NIR could hold, including up to 10 fingerprints, digitised facial scan and iris scan, current and past UK and overseas places of residence of all residents of the UK throughout their lives. The central database was purported to be a prime target for cyber attacks, and was also said to be a violation of the right to privacy of UK citizens. The Act was passed by the Labour Government in 2006, and repealed by the Conservative-Liberal Democrat Coalition Government as part of their measures to “reverse the substantial erosion of civil liberties under the Labour Government and roll back state intrusion.”

Estonia

The Estonian i-card is a smart card issued to Estonian citizens by the Police and Border Guard Board. All Estonian citizens and permanent residents are legally obliged to possess this card from the age of 15. The card stores data such as the user's full name, gender, national identification number, and cryptographic keys and public key certificates. The cryptographic signature in the card is legally equivalent to a manual signature, since 15 December 2000. The following are a few examples of what the card is used for:

As a national ID card for legal travel within the EU for Estonian citizens
As the national health insurance card
As proof of identification when logging into bank accounts from a home computer
For digital signatures
For i-voting
For accessing government databases to check one’s medical records, file taxes, etc.
For picking up e-Prescriptions
(This system is also operational in the country and has not been removed)

France

The biometric ID card was to include a compulsory chip containing personal information, such as fingerprints, a photograph, home address, height, and eye colour. A second, optional chip was to be implemented for online authentication and electronic signatures, to be used for e-government services and e-commerce. The law was passed with the purpose of combating “identity fraud”. It was referred to the Constitutional Council by more than 200 members of the French Parliament, who challenged the compatibility of the bill with the citizens’ fundamental rights, including the right to privacy and the presumption of innocence. The Council struck down the law, citing the issue of proportionality. “Regarding the nature of the recorded data, the range of the treatment, the technical characteristics and conditions of the consultation, the provisions of article 5 touch the right to privacy in a way that cannot be considered as proportional to the meant purpose”.

Argentina

Documento Nacional de Identidad or DNI (which means National Identity Document) is the main identity document for Argentine citizens, as well as temporary or permanent resident aliens. It is issued at a person's birth, and updated at 8 and 14 years of age simultaneously in one format: a card (DNI tarjeta); it's valid if identification is required, and is required for voting. The front side of the card states the name, sex, nationality, specimen issue, date of birth, date of issue, date of expiry, and transaction number along with the DNI number and portrait and signature of the card's bearer. The back side of the card shows the address of the card's bearer along with their right thumb fingerprint. The front side of the DNI also shows a barcode while the back shows machine-readable information. The DNI is a valid travel document for entering Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela. (System still operational in the country)

4. Technologies of Identification and Authentication

The panel in the session titled ‘Aadhaar: Science, Technology, and Security’ explained the technical aspects of use of biometrics and privacy concerns, technology architecture for identification and inadequacy of infrastructure for information security. In this section, we have summarised the presentation and the ensuing discussions on these issues.

Use of Biometric Information for Identification and Authentication

The panelists explained with examples that identification and authentication were different things. Identity provides an answer to the question “who are you?” while authentication is a challenge-response process that provides a proof of the claim of identity. Common examples of identity are User ID (Login ID), cryptographic public keys and ATM or Smart cards while common authenticators are passwords (including OTPs), PINs and cryptographic private keys. Identity is public information but an authenticator must be private and known only to the user. Authentication must necessarily be a conscious process and active participation by the user is a must. It should also always be possible to revoke an authenticator. After providing this understanding of the two processes the panellist then explained if biometric information could be used for identification or authentication under the UID Project. Biometric information is clearly public information and it is questionable if it can be revoked. Therefore it should never be used for authentication, but only for identity verification. There is a possibility of authentication by fingerprints under the UID Project, without conscious participation of the user. One could trace the fingerprints of an individual from any place the individual has been in contact with. Therefore, authentication must certainly be done by other means. The panellist pointed out that there were five kinds of authentication under the UID Project, out of which two-factor authentication and one time password were considered suitable but use of biometric information and demographic information was extremely threatening and must be withdrawn.

Architectures of Identification

The panelists explained the architecture of the UID Project that has been designed for identification purposes, highlighted its limitations and suggested alternatives. His explanations are reproduced below.

Under the UID Project, there is a centralised means of identification i.e. the aadhaar number and biometric information stored in one place, Central Identification Data Repository (CIDR). It is better to have multiple means of identification than one (as contemplated under the UID Project) for preservation of our civil liberties. The question is what the available alternatives are. Web of trust is a way for operationalizing distributed identification but the challenge is how one brings people from all social levels to participate in it. There is a need for registrars who will sign keys and public databases for this purpose.

The aadhaar number functions as a common index and facilitates correlation of data across Government databases. While this is tremendously attractive it raises several privacy concerns as more and more information relating to an individual is available to others and is likely to be abused.

The aadhaar number is available in human readable form. This raises the risk of identification without consent and unauthorised profiling. It cannot be revoked. Potential for damage in case of identity theft increases manifold.

Under the UID Project, for the purpose of information security, Authentication User Agencies (“AUA”) are required to use local identifiers instead of aadhaar numbers but they are also required to map these local identifiers to the aadhaar numbers. Aadhaar numbers are not cryptographically secured; in fact they are publicly available. Hence this exercise for securing information is useless. An alternative would be to issue different identifiers for different domains and cryptographically embed a “master identifier” (in this case, equivalent of aadhaar number) into each local identifier.

All field devices (for example POS machines) should be registered and must communicate directly with UIDAI. In fact, UIDAI must verify the authenticity (tamper proof) of the field device during run time and a UIDAI approved authenticity certificate must be issued for field devices. This certificate must be made available to users on demand. Further, the security and privacy frameworks within which AUAs work must be appropriately defined by legal and technical means.

Security Infrastructure of CIDR

The panelists also enumerated the security features of the UID Project and highlighted the flaws in these features. These have been summarised below.

The security and privacy infrastructure of UIDAI has the following main features:

2048 bit PKI encryption of biometric data in transit
End-to-end encryption from enrolment/POS to CIDR
HMAC based tamper detection of PID blocks
Registration and authentication of AUAs
Within CIDR only a SHA 1 Hash of Aadhaar number is stored
Audit trails are stored SHA 1 encrypted. Tamper detection?
Only hashes of passwords and PINs are stored. (biometric data stored in original form though!)
Authentication requests have unique session keys and HMAC
Resident data stored using 100 way sharding (vertical partitioning). First two digits of Aadhaar number as shard keys
All enrolment and update requests link to partitioned databases using Ref IDs (coded indices)
All accesses through a hardware security module
All analytics carried out on anonymised data

The panellists pointed out the concerns about information security on account of design flaws, lack of procedural safeguards, openness of the system and too much trust imposed on multiple players. All symmetric and private keys and hashes are stored somewhere within UIDAI. This indicates that trust is implicitly assumed which is a glaring design flaw. There is no well-defined approval procedure for data inspection, whether it is for the purpose of investigation or for data analytics. There is a likelihood of system hacks, insider leaks, and tampering of authentication records and audit trails. The ensuing discussions highlighted that the UIDAI had admitted to these security risks. The enrolment agencies and the enrolment devices cannot be trusted. AUAs cannot be trusted with biometric and demographic data; neither can they be trusted with sensitive user data of private nature. There is a need for an independent third party auditor for distributed key management, auditing and approving UIDAI programs, including those for data inspection and analytics, whitebox cryptographic compilation of critical parts of the UIDAI programs, issue of cryptographic keys to UIDAI programs for functional encryption, challenge-response for run-time authentication and certification of UIDAI programs. The panellist recommended that there was a need to to put a suitable legal framework to execute this.

The participants also discussed that information infrastructure must not be made of proprietary software (possibility for backdoors for US) and there must be a third party audit with a non-negotiable clause for public audit.

5. Aadhaar for Welfare?

The Report has summarised the discussions that took place in the sessions on ‘Direct Benefits Transfers’ and ‘Aadhaar: Broad Issues - II’ where the panellists critically analysed the claims of benefits and inclusion of Aadhaar made by the government in light of the ground realities in states where Aadhaar has been adopted for social welfare schemes.

Social Welfare: Modes of Access and Exclusion

Under the Act, a person may be required to authenticate or give proof of the aadhaar number in order to receive subsidy from the government (Section 7). A person is required to punch their fingerprints on POS machines in order to receive their entitlement under the social welfare schemes such as LPG and PDS. It was pointed out in the discussions that various states including Rajasthan and Delhi had witnessed fingerprint errors while doling out benefits at ration shops under the PDS scheme. People have failed to receive their entitled benefits because of these fingerprint errors thus resulting in exclusion of beneficiaries [9]. A panellist pointed out that in Rajasthan, dysfunctional biometrics had led to further corruption in ration shops. Ration shop owners often lied to the beneficiaries about functioning of the biometric machines (POS Machines) and kept the ration for sale in the market therefore making a lot of money at the expense of uninformed beneficiaries and depriving them of their entitlements.

Another participant organisation also pointed out similar circumstances in the ration shops in Patparganj and New Delhi constituencies. Here, the dealers had maintained the records of beneficiaries who had been categorized as follows: beneficiaries whose biometrics did not match, beneficiaries whose biometrics matched and entitlements were provided, beneficiaries who never visited the ration shop. It had been observed that there were no entries in the category of beneficiaries whose biometrics did not match however, the beneficiaries had a different story to tell. They complained that their biometrics did not match despite trying several times and there was no mechanism for a manual override. Consequently, they had not been able to receive any entitlements for months. The discussions also pointed out that the food authorities had placed complete reliance on authenticity of the POS machines and claim that this system would weed out families who were not entitled to the benefits. The MIS was also running technical glitches as a result there was a problem with registering information about these transactions hence, no records had been created with the State authority about these problems. A participant also discussed the plight of 30,000 widows in Delhi, who were entitled to pension and used to collect their entitlement from post offices, faced exclusion due to transition problems under the Jan Dhan Yojana (after the Jandhan was launched the money was transferred to their bank accounts in order to resolve the problem of misappropriation of money at the hands of post office officials). These widows were asked to open bank accounts to receive their entitlements and those who did not open these accounts and did not inform the post office were considered bogus.

In the discussions, the participants also noted that this unreliability of fingerprints as a means of authentication of an individual’s identity was highlighted at the meeting of Empowered Group of Ministers in 2011 by J Dsouza, a biometrics scientist. He used his wife’s fingerprints to demonstrate that fingerprints may change overtime and in such an event, one would not be able to use the POS machine anymore as the machine would continue to identify the impressions collected initially.

The participants who had been working in the field had contributed to the discussions by busting the myth that the UID Project helped to identify who was poor and resolve the problem of exclusion due to leakages in the social welfare programs. These discussions have been summarised below.

It is important to understand that the UID Project is merely an identification and authentication system. It only helps in verifying if an individual is entitled to benefits under a social security scheme. It does not ensure plugging of leakages and reducing corruption in social security schemes as has been claimed by the Government. The reduction in leakage of PDS, for instance, should be attributed to digitization and not UID. The Government claims, that it has saved INR 15000 crore in provision of LPG on identification of 3.34 crore inactive accounts on account of the UID Project. This is untrue because the accounts were weeded by using mechanisms completely unrelated to the UID Project. Consequently, the savings on account of UID are only of INR 120 crore and not 15000 crore.
The UID Project has resulted in exclusion of people either because they do not have an aadhaar number, or they have a wrong identification, or there are errors of classification or wilful misclassification. About 99.7% people who were given aadhaar numbers already had an identification document. In fact, during enrolment a person is required to produce one of 14 identification documents listed under the law in order to get an aadhaar number which makes it very difficult for a person with no identity to become entitled to a social welfare scheme.

A participant condemned the Government’s claim that the UID Project had helped in removing fake, bogus and duplicate cards and said that these terms could not be used synonymously and the authorities had no clarity about the difference between the meanings of these terms. The UID Project had only helped in removal of duplicate cards but had not helped in combating the use of fake and bogus cards.

Financial Inclusion and Direct Benefits Transfer

The participants also engaged in the discussions about the impact of the UID project on financial inclusion in India in the sessions titled ‘Aadhaar: Broad Issues - I & II’. We have summarised these discussions below.

The UID Project seeks to directly transfer money to a bank account in order to combat corruption. The discussions highlighted that this was nothing but introducing a neo liberal thrust in social policy and that it was not feasible for various reasons. First, 95% of rural India did not have functioning banks and banks are quite far away. Second, in order to combat this dearth of banks the idea of business correspondents, who handled banking transactions and helped in opening of bank accounts, had been introduced which had created various problems. The Reserve Bank of India reported that there was dearth of business correspondents as there was very little incentive to become one; their salary is merely INR 4000. Third, there were concerns about how an aadhaar number was considered a valid document for Know Your Customer (KYC) checks. There was a requirement for scrutiny and auditing of documents submitted during the time of enrolment which, in the present scheme of things, could not be verified. Fourth, there were no restrictions on number of bank accounts that could be opened with a single aadhaar number which gave rise to a possibility of opening multiple and shell accounts on a single aadhaar number. Therefore, records only showed transactions when money was transferred from an aadhaar number to another aadhaar number as opposed to an account-to-account transfer. The discussion relied on NPCI data which shows which bank an aadhaar number is associated with but does not show if a transaction by an aadhaar number is overwritten by another bank account belonging to the same aadhaar number.

6. Surveillance and UIDAI

The participants had discussed the possibility of an alternative purpose for enrolling Aadhaar in the session titled ‘Privacy, Surveillance, and Ethical Dimensions of Aadhaar’. The discussion traced the history of this project to gain insight on this issue. We have summarised below the key take aways from this discussion.

There are claims that the main objective of launching the UID Project is not to facilitate implementation of social security schemes but to collect personal (financial and non-financial) information of the citizens and residents of the country to build a data monopoly. For this purpose, PDS was chosen as a suitable social security scheme as it has the largest coverage. Several participants suggested that numerous reports authored by FICCI, KPMG and ASSOCHAM contained proposals for establishing a national identity authority which threw some light on the commercial intentions behind information collection under the UID Project.

It was also pointed out that there was documented proof that information collected under the UID Project might have been shared with foreign companies. There are suggestions about links established between proponents of the UID Project and companies backed by CIA or the French Government which run security projects and deal in data sharing in several jurisdictions.

7. Strategies for Future Action

The participants laid down a list of measures that must be taken to take the discussions forward. We have enumerated these recommendations below.

Prepare and compile an anthology of articles as an output of this workshop.
Prepare position papers on specific issues related to the UID Project
Prepare pamphlets/brochures on issues with the UID Project for public consumption
Prepare counter-advertisements for Aadhaar
Publish existing empirical evidence on the flaws in Aadhaar.
Set up an online portal dedicated to providing updates on the UID Project and allows discussions on specific issues related to Aadhaar.
Use Social Media to reach out to the public. Regularly track and comment on social media pages of relevant departments of the government.
Create groups dedicated to research and advocacy of specific aspects of the UID Project.
Create a Coordination Committee preferably based in Delhi which would be responsible for regularly holding meetings and for preparing a coordinated plan of action. Employ permanent to staff to run the Committee.
Organise an advocacy campaign against use of Aadhaar in collaboration with other organisations and build public domain acceptance.
The campaign must specifically focus on the unfettered scope of UID and expanse, misrepresentation of the success of Aadhaar by highlighting real savings, technological flaws, status of pilot programs and increasing corruption on account of the UID Project
Prepare a statement of public concern regarding the UID Project and collect signatures from eminent persons including academics, technical experts, civil society groups and members of parliament.
Organise events and discussions on issues relating to Aadhaar and invite members og government departments to speak and discuss the issues.
Write to Members of Parliament and Members of Legislative Assemblies raising questions on their or their parties’ support for Aadhaar and silence on the problems created by the UID Project.
Organise public hearings in states like Rajasthan to observe and document ground realities of the UID Project and share these outcomes with the state government and media.
Plan a national social audit and public hearing on the working of UID Project in the country.
File Contempt Petitions in the Supreme Court and High Courts against mandatory use of Aadhaar number for services not allowed by the Supreme Court.
Reach out to and engage with various foreign citizens and organisations that have been fighting on similar issues. The organisations and individuals who could be approached would include EPIC, Electronic Frontier foundation, David Moss, UK, Roger Clarke, Australia, Prof. Ian Angel, Snowden, Assange and Chomsky.
Work towards increasing awareness about the UID Project and gaining support from the student and research community, student organisations, trade unions, and other associations and networks in the unorganised sector.

Annexure A – Workshop Agenda

May 26, 2016

9:00-9:30	Registration
9:30-10:00	Prof. Dinesh Abrol - Welcome Self-introduction and expectations of participants Dr. Usha Ramanathan - Overview of the Workshop
10:00-11:00	Session 1: Current Status of Aadhaar Dr. Usha Ramanathan, Legal Researcher, New Delhi - What the 2016 Law Says, and How it Came into Being S. Prasanna, Advocate, New Delhi - Status and Force of Supreme Court Orders on Aadhaar Discussion
11:00-11:30	Tea Break
11:30-13:30	Session 2: Direct Benefits Transfers Prof. Reetika Khera, Indian Institute of Technology, Delhi - Welfare Needs Aadhaar like a Fish Needs a Bicycle Prof. R. Ramakumar, Tata Institute of Social Sciences, Mumbai - Aadhaar and the Social Sector: A critical analysis of the claims of benefits and inclusion Ashok Rao, Delhi Science Forum - Cash Transfers Study Discussion
13:30-14:30	Lunch
14:30-16:00	Session 3: Aadhaar: Science, Technology, and Security Prof. Subashis Banerjee, Dept of Computer Science & Engineering, IIT, Delhi - Privacy and Security Issues Related to the Aadhaar Act Pukhraj Singh, Former National Cyber Security Manager, Aadhaar, New Delhi - Aadhaar: Security and Surveillance Dimensions Discussion
16:00-16:30	Tea Break
16:30-17:30	Session 4: Aadhaar - International Dimensions Joshita Pai, Center for Communication Governance, National Law University, Delhi - Biometrics and Mandatory IDs in Other Parts of the World Dr. Gopal Krishna, Citizens Forum for Civil Liberties - International Dimensions of Aadhaar Discussion
17:30-18:00	High Tea

May 27, 2016

9:30-11:00	Session 5: Privacy, Surveillance and Ethical Dimensions of Aadhaar Prabir Purkayastha, Free Software Movement of India, New Delhi - Surveillance Capitalism and the Commodification of Personal Data Arjun Jayakumar, SFLC - Surveillance Projects Amalgamated Col Mathew Thomas, Bengaluru - The Deceit of Aadhaar Discussion
11:00-11:30	Tea Break
11:30-13:00	Session 6: Aadhaar - Broad Issues I Prof. G Nagarjuna, Homi Bhabha Center for Science Education, Tata Institute of Fundamental Research, Mumbai - How to prevent linked data in the context of Aadhaar Dr. Anupam Saraph, Pune - Aadhaar and Moneylaundering Discussion
13:00-14:00	Lunch
14:00-15:30	Session 7: Aadhaar - Broad Issues II Prof. MS Sriram, Visiting Faculty, Indian Institute of Management, Bangalore - Financial lnclusion Nikhil Dey, MKSS, Rajasthan - Field witness: Technology on the Ground Prof. Himanshu, Centre for Economic Studies & Planning, JNU - UID Process and Financial Inclusion Discussion
15:30-16:00	Session 8: Conclusion
16:00-18:00	Informal Meetings

Annexure B – Workshop Participants

Anjali Bhardwaj, Satark Nagrik Sangathan

Dr. Anupam Saraph

Arjun Jayakumar, Software Freedom Law Centre

Ashok Rao, Delhi Science Forum

Prof. Chinmayi Arun, National Law University, Delhi

Prof. Dinesh Abrol, Jawaharlal Nehru University

Prof. G Nagarjuna, Homi Bhabha Center for Science Education, Tata Institute of Fundamental Research, Mumbai

Dr. Gopal Krishna, Citizens Forum for Civil Liberties

Prof. Himanshu, Jawaharlal Nehru University

Japreet Grewal, the Centre for Internet and Society

Joshita Pai, National Law University, Delhi

Malini Chakravarty, Centre for Budget and Governance Accountability

Col. Mathew Thomas

Prof. MS Sriram, Indian Institute of Management, Bangalore

Nikhil Dey, Mazdoor Kisan Shakti Sangathan

Prabir Purkayastha, Knowledge Commons and Free Software Movement of India

Pukhraj Singh, Bhujang

Rajiv Mishra, Jawaharlal Nehru University

Prof. R Ramakumar, Tata Institute of Social Sciences, Mumbai

Dr. Reetika Khera, Indian Institute of Technology, Delhi

Dr. Ritajyoti Bandyopadhyay, Indian Institute of Science Education and Research, Mohali

S. Prasanna, Advocate

Sanjay Kumar, Science Journalist

Sharath, Software Freedom Law Centre

Shivangi Narayan, Jawaharlal Nehru University

Prof. Subhashis Banerjee, Indian Institute of Technology, Delhi

Sumandro Chattapadhyay, the Centre for Internet and Society

Dr. Usha Ramanathan, Legal Researcher

Note: This list is only indicative, and not exhaustive.

[1] Civil Appeal No. 4853 of 2014

[2] WP(C) 494/2012

[3] . WP(C) 829/2013

[4] WP(C) 833/2013

[5] WP (C) 37/2015; (Earlier intervened in the Aruna Roy petition in 2013)

[6] WP (C) 932/2015

[7] Transferred from Madras HC 2013.

[8] SLP (Crl) 2524/2014 filed against the order of the Goa Bench of the Bombay HC in CRLWP 10/2014 wherein the High Court had directed UIDAI to share biometric information held by them of all residents of a particular place in Goa to help with a criminal investigation in a case involving charges of rape and sexual assault.

[9] See :http://scroll.in/article/806243/rajasthan-presses-on-with-aadhaar-after-fingerprint-readers-fail-well-buy-iris-scanners

For more details visit https://cis-india.org/internet-governance/blog/report-on-understanding-aadhaar-and-its-new-challenges

CIS Submission to TRAI Consultation on Proliferation of Broadband through Public WiFi Networks

Sunil Abraham, Sharath Chandra Ram, Vidushi Marda, and Thejaswi Melarkode — 2016-10-02T06:16:46Z

The Centre for Internet and Society (“CIS”) is grateful for the opportunity to comment on this Consultation Paper (“Paper”). The comments were prepared by Sunil Abraham, Sharath Chandra Ram, Vidushi Marda, and Thejaswi Melarkode. Special thanks to Shyam Ponappa and Arjun Venkatraman for their inputs and feedback.

Preliminary Comments

Even in the early to mid-seventies, many Indians who wanted to own a radio receiver were expected to get a license from the government. If not then they were in violation of the law and there was nothing the government could do to enforce policies for their benefit. The deregulation of radio ownership has been key to its unfettered adoption and popularity today. Similarly, Wi-Fi, a radio transceiver must be deregulated further to bridge India's digital divide.

Before addressing specific questions posed by the Paper, we would like to make the following observations:

The Paper considers only commercial models for the provision of public Wi-Fi networks. This is a problematic assumption as it ignores the potential of not-for-profit models that involve grassroots communities, academia and civil society.
The Paper is infused with a vision and philosophy that is reminiscent of a colonial, license raj, centralized, top-down, command and control based, state monopoly paradigm. This is diametrically opposed to the foundational ethos of the Internet.
The Paper assumes that more regulation is required in order to ensure mass adoption of public Wi-Fi. In fact, the exact opposite is true - the rapid proliferation of broadband through public Wi-Fi networks will only be accomplished by aggressive deregulation.
The technological architecture being advanced by the Paper signals support of governance cum surveillance projects such as Aadhaar aka UID, India Stack, UPI and related projects which only undermine cyber-security and interferes with healthy competitive market dynamics between commercial and non-commercial actors. Again this is diametrically opposed to the foundational ethos of the Internet and a modern democratic information society.

Q1. Are there any regulatory issues, licensing restrictions or other factors that are hampering the growth of public Wi-Fi services in the country?

The most pressing issue which is hampering the growth of public Wi-Fi services in the country is that of over regulation. Under the current regulatory framework, public Wi-Fi is subject to licensing requirements, data retention, and Know-Your-Customer ("KYC") policies. The next issue is paucity of spectrum. So far the approach has been to assign exclusive property rights to certain frequencies and also raise billions of US Dollars through spectrum auctions based on the Supreme Court's understanding of spectrum as a national resource. Given the advancements in transceiver technologies, such as cognitive radios, it is possible for us to transcend the grid-lock of property rights and embrace paradigms like shared and unlicensed spectrum. Innovative technologies and neutral allocation of unlicensed spectrum will result in the growth of public and community wireless networks including those built on the Wi-Fi standard.

Q2. What regulatory/licensing or policy measures are required to encourage the deployment of commercial models for ubiquitous city-wide Wi-Fi networks as well as expansion of Wi-Fi networks in remote or rural areas?

The regulatory approach should be to deregulate the radio transceiver as much as possible so as to encourage innovation with lower barriers for participation.

The question falsely assumes that only commercial players can provide public Wi-Fi, Para 1.9 of the Paper only identifies scenarios where Unified License (UL) holders can take advantage of unlicensed spectrum to provide public Wi-Fi services. It fails to recognize that civil society, academia, and grassroots communities can also bring about ubiquitous city-wide Wi-Fi networks and expansion to remote and rural areas. For example, Village Telco and mesh networks are community-driven Wi-Fi models that are allowing a large number of individuals to gain access to Internet services using a public spirited or peer-to-peer philosophy.^{^[1]}

In terms of regulatory measures, CIS would recommend minimal and proportionate regulation, i.e. the regulation of entities involved in the provision of public Wi-Fi networks based on their capacity to harm the public interest and/or individual rights. By this we mean that only public Wi-Fi networks that have a large number of users (say, more than 5,000 individual users) should be subject to any regulation. Small-scale public Wi-Fi network providers, like public Wi-Fi networks in small villages or apartment complexes, should be left to self-regulation. Regulatory burdens which serve no purpose only deter these providers from providing such services at all.

Regulation must be technology-neutral, and should focus on the entities using these technologies who are capable of unlocking good or causing harm. This neutrality should be reflected in the name of the policy: "community-networking policy" and not "community Wi-Fi policy". The necessary changes must also be incorporated in the Paper and the draft policy to make this clear. The current definition of Wi-Fi is closely coupled with certain frequencies, and public wireless networks should be promoted regardless of technology and specific frequency bands.

In cases where private data services, (such as mobile telephony/ other private application specific data infrastructures) which may have been granted permission to deploy on an open-unlicensed or delicensed part of the spectrum, experience interference from a Public Wi-Fi setup. On the same frequency band, we call for the Public Wi-Fi to be given priority. This will prevent spectrum squatting.

Q3. What measures are required to encourage interoperability between the Wi-Fi networks of different service providers, both within the country and internationally?

This is a requirement for elite parts of society only but not a deal breaker for the provision of public Wi-Fi in India. There are a variety of existing market-based approaches. The further deregulation of Wi-Fi will result in the rise of public, community and non-commercial players which in turn will lead to further innovation and competition when it comes to interoperability across disparate Wi-Fi networks and providers.

Q4. What measures are required to encourage interoperability between cellular and Wi-Fi networks?

No measures are required. Millions of consumers in India already are able to interoperate between cellular networks and their home and office networks as they are in charge of the authentication or they have left these networks open. The reason they are unable to operate more easily with other networks is due to data retention, and KYC policies. Even in countries with much more challenging national security concerns, the data retention and KYC policies are not so strict. We are paying a terrible price in terms of broadband adoption because of our flawed approach to surveillance and cyber security. The answer here lies in deregulation of existing requirements, especially for community based organisations, NGOs, research institutions, educational institutions, galleries, museums, archives and public libraries. This will address the needs of those who cannot pay and are vulnerable. For those who can pay - commercial actors will innovate and provide the high-quality interoperability that they seek - this will not require any action on the part of the government.

Q5. Apart from frequency bands already recommended by TRAI to DoT, are there additional bands which need to be de-licensed in order to expedite the penetration of broadband using Wi-Fi technology? Please provide international examples, if any, in support of your answer.

In a 2012 policy brief on unlicensed spectrum^{^[2]}, CIS recommended the changes, listed below [in italics]. Since then, more modern approaches may have emerged which merit revisiting this question. These advances also merit delicensing bands more aggressively as the proprietary approach becomes more and more dated. This approach should also be technology neutral and must find a balance between proprietary, unlicensed, and shared spectrum.^{^[3]}

Frequencies in the 6, 11, 18, 23, 24, 60, 70, and 80 GHz bands, to facilitate replicating examples like Webpass (USA) which has radios capable of delivering up to 2Gbps both upstream and downstream.^{^[4]}
Frequencies in the 5.15 GHz-5.35 GHz bands, as well as 5.725-5.775 GHz bands are unlicensed for indoor use only. These bands should be unlicensed for outdoor use as well in order to facilitate the creation of wider wireless communication networks and the use of innovative technologies.
There should be more unlicensed spectrum in the 2.4 GHz range, beyond what is already unlicensed, for the expansion of wireless communication networks.
The 1800-1890 MHz band, which is earmarked for the operations of low power cordless communication in India, should be unlicensed in line with international practices. Many bands for this use have already been unlicensed in Europe and the United States. ^{^[5]}
50 Mhz in the 700Mhz - 900Mhz band, earmarked for broadcast should be made available to better utilize available spectrum, almost 100Mhz is currently unused in most parts of the country.

Q6. Are there any challenges being faced in the login/authentication procedure for access to Wi-Fi hotspots? In what ways can the process be simplified to provide frictionless access to public Wi-Fi hotspots, for domestic users as well as foreign tourists?

The challenge here is that of over regulation and the belief that elaborate KYC requirements will solve problems of national security. What these requirements achieve is a lot of inconvenience for the general population while criminals are able to evade detection through fake IDs, burner phones, etc. as KYC requirements only create barriers without security payoffs. The fact that jurisdictions such as the UK, and other countries in Europe allow for purchase of SIM cards without KYC norms goes to show that there are effective ways of gathering intelligence that do not involve a KYC regime.

In terms of authentication, a healthy ecosystem will allow for both anonymous access to Wi-Fi hotspots as well as access through authentication.

There is a need for deregulation in order to allow anonymous access. For access through authentication, some providers may wish to have light KYC norms whereas others may choose to have rigorous KYC norms that are integrated with Aadhaar, India Stack, etc. The decision should ultimately be taken by the provider and thus deregulation is the key. The most frictionless model is the unauthenticated model that allows anonymous access, followed by a light KYC regime, and the model with the most friction is that with intensive KYC requirements.

The existing customer log-in procedure requirements that have been laid down by the Department of Telecommunications (DoT), Ministry of Communications, Government of India, which necessitate a user to provide a photo ID or to avail a one-time password (OTP) through SMS should be done away with for two reasons. First, it does not allow for a user to access the public Wi-Fi network without authentication and this leads to a loss of anonymity over that network when the user accesses any Internet-based services. Secondly, it assumes that all people will have access to mobile phones/smartphones. So far as the Indian scenario is concerned, this is certainly not the case in many households where only the head of the family, who is more often than not a male member, has access to such devices. Many individuals also use much simpler devices which may not be able to receive OTPs (see Raspberry Pi models, for example). Such a requirement would, in effect, deprive a large number of individuals from accessing public Wi-Fi services and would defeat the purpose of even setting up such networks.

Q7. Are there any challenges being faced in making payments for access to Wi-Fi hotspots? Please elaborate and suggest a payment arrangement which will offer frictionless and secured payment for the access of Wi-Fi services.

This question is backed by three assumptions. First, it assumes that only commercial provision of Wi-Fi is possible. Second, it assumes that "a (singular) payment arrangement" is the preferred approach. Third, it assumes that it is possible for regulators to predict the most appropriate business / technological model for payments online. This is best left to competition between commercial and noncommercial players in the market. The existing regulations from the RBI and laws that govern electronic transactions are sufficient. No specific regulations are required for access to Wi-Fi hotspots.

Q8. Is there a need to adopt a hub-based model along the lines suggested by the WBA, where a central third party AAA (Authentication, Authorization and Accounting) hub will facilitate interconnection, authentication and payments? Who should own and control the hub? Should the hub operator be subject to any regulations to ensure service standards, data protection, etc.?

"A central third party AAA (Authentication, Authorization and Accounting) hub" is antithetical to the foundational ethos of the Internet. Any attempt to foist that on Indian citizens will lead to a slowing down of wireless broadband adoption. From a cyber-security perspective this can only lead to large-scale and irreversible disasters and on the contrary policy measures should be taken to prevent centralization. For Indian cyberspace to be a resilient and free market, competition amongst both commercial and noncommercial players must be enabled for Authentication, Authorization and Accounting.

Q9. Is there a need for ISPs/ the proposed hub operator to adopt the Unified Payment Interface (UPI) or other similar payment platforms for easy subscription of Wi-Fi access? Who should own and control such payment platforms? Please give full details in support of your answer.

As we submitted in response to the earlier question: "a central third party AAA (Authentication, Authorization and Accounting) hub" is antithetical to the foundational ethos of the Internet. Aadhaar aka UID, India Stack and the Unified Payment Interface (UPI) are similar state sanctioned monopolies that only increase fragility and interfere with the functioning of markets. Also this question assumes that citizens will have to pay for access to WiFi. Therefore, we recommend that the government does not regulate payments beyond the existing measures in Banking Law.

Q10. Is it feasible to have an architecture wherein a common grid can be created through which any small entity can become a data service provider and able to share its available data to any consumer or user?

The government or the regulator should not be making recommendations on technical architectures. All that is required to the lift all limits on reselling or sharing data via law.

Q11. What regulatory/licensing measures are required to develop such architecture? Is this a right time to allow such reselling of data to ensure affordable data tariff to public, ensure ubiquitous presence of Wi-Fi Network and allow innovation in the market?

CIS would ask for forbearance in this regard, as anything else will be a case of over regulation.

Q12. What measures are required to promote hosting of data of community interest at local level to reduce cost of data to the consumers?

There are two measures that can be taken. The first is to change the public procurement policy to promote openness in the form of free and open source software, open standards, open content, open access, open educational resources and open data.

The second is to use public funds to shape the market and create publicly licensed material, or material available under exceptions and limitations of copyright law. To promote hosting data of community interest at a local level, public funds must be used to create intellectual property that can be freely licensed to the public. India already has a progressive copyright law, and the exceptions available under it should be seeded by the government through public funding. These exceptions include the statutory exception of copyright cess/ levy to broadband bills, exceptions for the disabled, libraries and archives and also education.

Q13. Any other issue related to the matter of Consultation.

Figure 2.2 of the Paper depicts Wi-Fi Monetization Pyramid based on Cisco's Wi-Fi Opportunity Pyramid.[2] As pointed out earlier, this ignores the possibility of non-commercial models. To quote Bruce Schneier, "surveillance is the business model of the Internet" ^{^[6]} and this business model is one that should not be encouraged. The pyramid only allows for a for-profit model and it is inherently based on needless surveillance of users. While monetization may be one of the main incentives, it is by no means the only way to sustain such public Wi-Fi networks and for this reason, CIS recommends that such a depiction be discarded.

The balancing of this monetization pyramid is one of the requirements to put in place an effective public Wi-Fi network structure. Another issue arises with respect to the definition of Wi-Fi. Currently, spectrum is limited to the 2.4 GHz or the 5 GHz bands but this has been expanded upon to encompass the LTE (4G) Core during the GSMA, Wireless Broadband Alliance and Wi-Fi Alliance 3GPP following the Mobile World Congress in 2013. Such a set-up would allow for frequency hopping between bands and to prevent (or allow) this, the definition of Wi-Fi in the context of public Wi-Fi networks must be clarified.

^{^[1]} See Centre for Internet and Society, Unlicensed Spectrum Brief for the Government of India, June 2012; Available at http://cis-india.org/telecom/unlicensed-spectrum-brief.pdf

^{^[2]} Supra note 1.

^{^[3]} Example of shared spectrum being advanced in the US: " Specifically, the FCC adopted rules for CBRS, opening 150 MHz of spectrum in the 3550-3700 MHz band for commercial use. A Spectrum Access System (SAS), which is now in the process of being hammered out at the FCC with prospective coordinators, will make it possible to share spectrum where it hasn't been done before ." See, Monica Alleven, "Google, Intel, Nokia and more partner to advance U.S. 3.5 GHz CBRS", Fierce Wireless, (February 18, 2016) available at http://www.fiercewireless.com/tech/google-intel-nokia-and-more-partner-to-advance-u-s-3-5-ghz-cbrs .

^{^[4]} " Webpass buildings have radios capable of delivering up to 2Gbps both upstream and downstream… Anything beyond 5,000 meters will still work but you lose bandwidth… Webpass radios operate in many different frequencies, including the unlicensed 2.4GHz and 5GHz bands used by Wi-Fi, Barr said. Webpass also uses the 6, 11, 18, 23, 24, 60, 70, and 80GHz bands. These include a mix of licensed and unlicensed frequencies…" See, Jon Brodkin, "500 Mbps broadband for $55 a month offered by wireless ISP", arsTECHNICA, (June 18, 2015), available at: http://arstechnica.com/information-technology/2015/06/500mbps-broadband-for-55-a-month-offered-by-wireless-isp/

^{^[5]} Supra note 1, at 17.

^{^[6]} See Bruce Schneier, 'Stalker economy' here to stay, CNN, (Nov. 26, 2013, 17:53 GMT), available at http://edition.cnn.com/2013/11/20/opinion/schneier-stalker-economy/index.html

For more details visit https://cis-india.org/telecom/blog/cis-submission-to-trai-consultation-on-proliferation-of-broadband-through-public-wifi-networks

July 2016 Newsletter

praskrishna — 2016-09-17T14:13:32Z

Welcome to the July 2016 newsletter of the Centre for Internet and Society (CIS).

For us at CIS, July was filled with a a wonderful diversity of activities, opportunities, windows, and future gazing. We made a crucial intervention by bringing attention to the misrepresentation of India's position at the UNHRC meeting by global media, and continued our contribution to the drafting of the open data license by Government of India.

We made a submission to the Ministry of Home Affairs to reject the Geospatial Information Regulation Bill, and also appealed to the MPs to re-examine the Regional Comprehensive Economic Partnership (RCEP). We contributed to the making of an open source typeface and input tools for the Santhali language. We were studying developmental initiatives driven by big data in three parts of India (more on that in the August newsletter), mapping the emerging global governance frameworks for big data in development, and planning our future steps in this field. We initiated a study of digital transitions in Indian newspapers with support from the Reuters Institute for the Study of Journalism at University of Oxford, and also produced a series of analysis of industrial policy engagements by NASSCOM and iSPIRT.

We also kept pushing digital and new media research in India through our annual call for essays (abstracts have been accepted), and a brilliant talk on game studies and storytelling by Dr. Souvik Mukherjee. We were busy, and happily so.

- Sumandro Chattapadhyay

Previous issues of the newsletters can be accessed here.

Highlights
CIS sent a letter to Members of Parliament to appeal to re-examine the Regional Comprehensive Economic Partnership, a mega-regional trade agreement currently under negotiation. Japreet Grewal and Pranesh Prakash in an article published by FactorDaily argued that India did not oppose the United Nations move to make Internet access a human right. Submitted comments on the "Government Open Data Use License - India". CIS listed out its comments and recommendations on name of the licence, changing the language on permissible use of data, adding section on the scope of applicability of the licence, etc. CIS published the Report of the Group of Experts on Developments in the Field of Information and Telecommunications in the Context of International Security and Implications for India. The report developed by governmental experts from 20 States addresses existing and emerging threats from uses of ICTs, by States and non-State actors alike. CIS is collaborating with the Reuters Institute for the Study of Journalism at University of Oxford to study various aspects of digital transition in Indian news media. Zeenab Aneez is leading the pilot study exploring digital transition in three newspapers across English, Hindi, and Malayalam markets. Over a series of three blog posts, Pavishka Mittal documented engagements by NASSCOM and iSPIRT in industrial policy making in the Indian IT sector during 2006-2016, including on transfer pricing policy. Deputy US Trade Representative Ambassador Robert Holleyman discussed the Digital 2 Dozen document with Ambassador Shyam Saran. Anubha Sinha participated in the discussions and wrote a summary. Meera Manoj conducted an analysis of the different models of collection, management, sharing, and governance of global development data that are being discussed in several international forums. Shubhangi Heda in a blog entry has explored the concerns related to data protection and digital privacy under the Trans Pacific Partnership agreement signed recently between United States of America and 11 countries located around the Pacific Ocean region, across South America, Australia, and Asia.

Highlights

CIS sent a letter to Members of Parliament to appeal to re-examine the Regional Comprehensive Economic Partnership, a mega-regional trade agreement currently under negotiation.
Japreet Grewal and Pranesh Prakash in an article published by FactorDaily argued that India did not oppose the United Nations move to make Internet access a human right.
Submitted comments on the "Government Open Data Use License - India". CIS listed out its comments and recommendations on name of the licence, changing the language on permissible use of data, adding section on the scope of applicability of the licence, etc.
CIS published the Report of the Group of Experts on Developments in the Field of Information and Telecommunications in the Context of International Security and Implications for India. The report developed by governmental experts from 20 States addresses existing and emerging threats from uses of ICTs, by States and non-State actors alike.
CIS is collaborating with the Reuters Institute for the Study of Journalism at University of Oxford to study various aspects of digital transition in Indian news media. Zeenab Aneez is leading the pilot study exploring digital transition in three newspapers across English, Hindi, and Malayalam markets.
Over a series of three blog posts, Pavishka Mittal documented engagements by NASSCOM and iSPIRT in industrial policy making in the Indian IT sector during 2006-2016, including on transfer pricing policy.
Deputy US Trade Representative Ambassador Robert Holleyman discussed the Digital 2 Dozen document with Ambassador Shyam Saran. Anubha Sinha participated in the discussions and wrote a summary.
Meera Manoj conducted an analysis of the different models of collection, management, sharing, and governance of global development data that are being discussed in several international forums.
Shubhangi Heda in a blog entry has explored the concerns related to data protection and digital privacy under the Trans Pacific Partnership agreement signed recently between United States of America and 11 countries located around the Pacific Ocean region, across South America, Australia, and Asia.

CIS in the News

CIS gave inputs to the following media coverage:

FB & Google have already monopolised Indian cyberspace (Asad Ali; Catch News; July 3, 2016)
Cyberstalkers, the new bullies in town (S. Poorvaja; Hindu; July 4, 2016).
TRAI Free Data paper: Paytm to Hike, the responses from other companies (Indian Express; July 5, 2016).
India No Haven For Net Freedom But It Did Not Oppose UN Move on Internet Rights (Anuj Srinivas; The Wire; July 6, 2016).
India may not be guilty of opposing UN move to save internet rights (Ciol; July 7, 2016).
Flashpoint #TrollControl: Maneka versus NCW (Times Now Television, July 8, 2016).
Place for a safety net (The Telegraph; July 10, 2016).
Tamil Nadu likely to hold Facebook accountable for suicide case (V. Prem Shanker; Economic Times, July 13, 2016).
Belling the trolls (Bishakha Datta; India Today; July 13, 2016).
Mandatory Aadhaar card for govt scholarships violates SC order (Neelam Pandey and Aloke Tikku; Hindustan Times, July 15, 2016).
It's That Eavesdrop Endemic (Arindam Mukherjee; Outlook; July 25, 2016).
Facebook is censoring some posts on Indian Kashmir (Rama Lakshmi; Washington Post; July 27, 2016).
Art, Science and Open Electromagnetic Spectrum Culture [ENG] (Creative Disturbance Platform; July 31, 2016).

CIS members wrote the following articles:

The Gay Pride Charade (Nishant Shah; Indian Express; July 3, 2016).
How are Indian Newspapers Adapting to the Rise of Digital Media? (Reuters Institute for the Study of Journalism; Sumandro Chattapadhyay; July 5, 2016).
One Pokémon to Rule Them All (Nishant Shah; Indian Express; July 17, 2016).
No, India did NOT oppose the United Nations move to “make internet access a human right” (Pranesh Prakash and Japreet Grewal; Factordaily; July 13, 2016).
New Approaches to Information Privacy – Revisiting the Purpose Limitation Principle (Amber Sinha; Digital Policy Portal; July 13, 2016).

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Accessibility & Inclusion

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India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

Monthly Report

July 2016 Report (Suman Dogra; July 31, 2016).

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Access to Knowledge

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Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is under a grant from the Wikimedia Foundation, is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Copyright and Patent

Blog Entries

Letter to MPs on Concerns on Regional Comprehensive Economic Partnership (Anubha Sinha; July 27, 2016).
USTR elaborates the Two Dozen Digital Rules of Club TPP (Anubha Sinha; July 29, 2016).

Participation in Events

Mapping & Mobility (Organized by Carnegie India; June 28, 2016). Anubha Sinha attended the event.

Workshop on Declaration on Patents Protection: Regulatory Sovereignty under TRIPS (Organized by the Inter-University Centre for IPR Studies, Cochin University of Science and Technology, Centre for Economic Studies and Planning, Jawaharlal Nehru University and the Institute for Studies in Industrial Development; Institute for Studies in Industrial Development, Institutional Area, Vasant Kunj, New Delhi; July 12 - 13, 2016). Sunil Abraham was a speaker.

3rd International Conference on Management of Intellectual Property Rights and Strategy (Organized by Shailesh J. Mehta School of Management, at IIT Bombay, through the MHRD IPR Chair; July 15-16, 2016). Anubha Sinha was a speaker on the 'Negotiating India's IP Policy" panel.
India and Regional Mega-Trade Agreements (Organized by Observer Research Foundation; New Delhi; July 25, 2016). Anubha Sinha participated in a panel discussion on "India and Regional Mega-Trade Agreements" with Ambassador Robert Holleyman, Deputy US Trade Representative and Ambassador Shyam Saran, Chairman, Research and Information System for Developing Countries.
Live Webinar on Regional Comprehensive Economic Partnership (Organized by RCEP; New Delhi; July 27, 2016).

►Wikipedia

Blog Entry

ತರಬೇತಿ ಮಾಡಲು ತರಬೇತಿಗೊಂಡಾಗ.... CIS-A2K TTT 2016 (Dhanalakshmi; July 3, 2016).

Participation in Event

Architectures of Knowledge (Organized by Columbia's Group for Experimental Methods in the Humanities; Tata Institute of Social Sciences, Mumbai; July 4, 2016). Rohini Lakshané was a speaker.

Media Coverage

The Digital Oxygen for Odia Language (My City Links; July 4, 2016).

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Openness

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Article

Open Source Effort gives Indigenous Language an Official Typeface (Subhashish Panigrahi; Opensource.com; July 8, 2016).

Submission

Comments on the 'Government Open Data Use License - India' (Anubha Sinha, Pranesh Prakash, and Sumandro Chattapadhyay; July 26, 2016).

Participation in Event

Open Data Charter Lead Stewards In-Person Meeting (Organized by Open Data Charter; Mexico; July 4 and 5, 2016). Sunil Abraham participated remotely.

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Internet Governance

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►Privacy

Research Paper

Analysis of the Report of the Group of Experts on Developments in the Field of Information and Telecommunications in the Context of International Security and Implications for India (Elonnai Hickok and Vipul Kharbanda; July 30, 2016)

Blog Entries

Trans Pacific Partnership and Digital 2 Dozen: Implications for Data Protection and Digital Privacy (Shubhangi Heda; July 12, 2016).

Event Organized

Stand up for Digital Rights (CIS, New Delhi; July 29, 2016).

Participation in Event

Privacy Law and impact of emergent technology (National Law School of India University; Bangalore; July 12, 2016). Amber Sinha taught an elective full credit course for final year undergraduate students.

►Big Data

Blog Entry

Big Data Governance Frameworks for 'Data Revolution for Sustainable Development' (Meera Manoj; July 5, 2016).

►Freedom of Expression

Blog Entries

Perumal Murugan and the Law on Obscenity (Japreet Grewal; July 21, 2016).

CIS sought a series of information from ICANN on various topics. The DIDP Requests and the responses solicited were compiled and published by Asvatha Babu:

Participation in Events

Safety Net (Organized by APC and Point of View; Mumbai; July 11, 2016). Rohini Lakshané was a trainer.
Meeting on Net Neutrality and Related Issues (Organized by Telecom Regulatory Authority of India; July 15, 2016; New Delhi). Sunil Abraham attended the meeting.
Digital in South Asia (Organized by World Economic Forum; July 19, 2016; Bangalore). Sunil Abraham attended this event.
Roundtable: Identifying and Limiting Hate Speech and Harassment Online (Organized by SFLC; New Delhi; July 28, 2016). Japreet Grewal attended the event.

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Researchers at Work

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The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Blog Entries

How are Indian Newspapers Adapting to the Rise of Digital Media? (Sumandro Chattapadhyay; July 6, 2016).
Digital Transition in Newspapers in India: A Pilot Study (Zeenab Aneez; July 19, 2016).
Policy Shaping in the Indian IT Industry: Recommendations by NASSCOM, 2006-2012 (Pavishka Mittal; July 1, 2016).
Policy Shaping in the Indian IT Industry: Comparative Analysis of Recommendations by NASSCOM and iSPIRT, 2013-2016 (Pavishka Mittal; July 4, 2016).
Policy Shaping in the Indian IT Industry: Recommendations by NASSCOM on Transfer Pricing, 2014-2016 (Pavishka Mittal; July 27, 2016).
RBI and Regulation of Digital Financial Services in India, 2012-2016 (Shivalik Chandan; July 11, 2016).
Studying Internet in India (2016): Selected Abstracts (Sumandro Chattapadhyay; July 5, 2016).

Participated in Event

The Data Explosion – How the Internet of Things will Affect Media Freedom and Communication Systems? (Sumandro Chattapadhyay was a panelist at this session organised by the Center for International Media Assistance (CIMA) at the Deutsche Welle's Global Media Forum 2016, held in Bonn, Germany; June 13-15, 2016.

Event Organized

Game Studies: A Talk by Dr. Souvik Mukherjee (CIS, Bangalore, July 28, 2016). Dr. Souvik Mukherjee, Assistant Professor, Presidency University, Calcutta gave a talk on game studies, digital media, internet cultures and traditional humanities.

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About CIS

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The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

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Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
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E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
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► Request for Collaboration

For more details visit https://cis-india.org/about/newsletters/july-2016-newsletter

US Copyright law faces constitutional challenge

sinha — 2016-08-11T13:28:13Z

In a major international development, the Electronic Frontier Foundation (EFF) has filed a lawsuit to strike down the provisions on Digital Rights Management(DRM) in the Digital Millennium Copyright Act. In this post, I discuss DRMs, the EFF lawsuit, and then draw upon the differences between the US and Indian copyright regime on DRM protection.

Originally published by Spicy IP on August 5, 2016. You may read EFF’s lawsuit here.

Decoding DRM

If you own a Netflix account and travel a lot, you may have been denied access to some TV shows depending on the country you logged in from. While that restriction can perhaps be gotten around by using VPNs, there exist other technological measures that prevent you from fixing your own automobile to sharing/making copies of an e-book that you supposedly bought. Such technological protection measures are commonly known as Digital Rights Management (DRM). These go back twenty years, and it was in 1996 when the first DRM appeared in the form of geo-access restrictions on DVD play.

Soon thereafter, it became de rigeur for businesses dealing in IP to apply all kinds of DRMs to their products. It was largely an embarrassing and a pointless saga of implementing software embedded restrictions to stem piracy (remember the Sony BMG rootkit fiasco?), given how blatantly they were discovered and circumvented. And now since technology is beginning to dwell even in our shoes, DRMs have been slapped onto these as well. So if you discover a bug causing a miscalculation in your step count, you are not only prohibited under law from probing the code and fixing it yourself, but you also may get jailed for doing so. Imagine such how such prohibition impacts and limits our daily lives and the work of professional researchers.

Clearly, DRM is not just a mere trifle to be brushed aside via smarter code– its ramifications go much farther. DRMs come with the problem of masking vulnerabilities, compromised security of the device and us er-privacy, and trampled consumer rights, fair use and free speech. Further, the poor design of DRMs makes them unable to distinguish between illegal use and fair-use. Progressive cutting down of users’ rights to store, reproduce, distribute media has become especially problematic for developing countries because of our greater dependence on free-er terms for sale, lending and donation. On the other hand, DRMs continue to become more ubiquitous(could be incorporated in the HTML 5 standard soon).

However, in an exciting development, the first major legal battle to kill DRM has begun!

Because finally in an unprecedented move, a constitutional challenge has been lodged in the US against DRM provisions, on the grounds that they restrict free speech and fair-use of copyright materials (the fair-use doctrine allows copyright law to co-exist with the first amendment). The complaint has been filed by EFF on behalf of Matthew Green (a security researcher) and Andrew “bunnie” Huang (a technologist)

The rejection that prompted a legal challenge..

Sections 1201-1205 of the Digital Millennium Copyright Act (DMCA) lay down provisions relating to circumvention of DRM. Uniquely, the DMCA vests power in the Librarian of Congress to periodically enact rules granting exemption from the anti-circumvention provisions to legitimate non-infringing use of works (known as DMCA Rulemaking). It was under this particular instance of rulemaking in 2015, wherein the Librarian failed to grant an exemption for “…speech using clips of motion pictures, for the shifting of lawfully-acquired media to different formats and devices, and for certain forms of security research.” The rejection triggered the challenge against ‘Rulemaking’, ‘anti-circumvention’ and ‘anti-trafficking’ provisions of the DMCA, namely sections 1201(a), 1203, and 1204 . (This exemption was applied for by EFF, which has been seeking (and been granted) exemptions since 2003.)

In fact, universally, DRM provisions pose questions of free speech, consumer rights, privacy and copyright law. In the following section I will examine and compare the US and Indian copyright regime on DRM protection.

WCT and DMCA were used to push DRM protection into Indian Copyright Act

The Indian Copyright Act, 1957 provisions on DRM are based in sections 2(xa), 65A and 65B, which were introduced through the Copyright Amendment Act, 2012. The sections define ‘Rights Management Information’, provide for ‘Protection of technological measures’ and ‘Protection of Rights Management Information’, respectively. It must be noted that the WIPO Copyright Treaty (WCT) was the first instrument to conceive rules on DRM protection (Articles 11, 12). US was the first country to import WCT provisions into its copyright law via DMCA, which even went above the WCT standards. Soon, Hollywood-backed USTR wanted India to follow suit, and the provisions were queued up for an amendment to India’s copyright law. Please note that India is NOT a party to the WCT, and was under no obligation to enact laws on DRMs. Nevertheless, the Indian provisions with some changes and added limitations were loosely lifted from the equivalent WCT articles.

It is worth noting that the Indian DRM provisions have better safeguards than the DMCA provisions:

1) The Indian provisions (s. 65A+ 65B) do not make building and distribution of circumvention tools illegal. Only the act of circumvention attracts criminal liability. However, there is a duty on the person facilitating circumvention for another person to maintain a record of the same, including the purpose for which the facilitation occurred. The purpose should not be expressly prohibited under the Copyright Act, 1957.

Regardless, being criminally liable for circumventing DRM is a major threat to small businesses and developers. In one instance, when some Indian developers had built an open source software “PlayFair” to bypass Apple’s FairPlay DRM, they were threatened with legal action under the US’ DMCA. Despite the DMCA having no jurisdiction in India, the developers shut shop.

2) Clauses 65A(1) and 65A(2)(a) confine violation of technological protection measures to rights enumerated in the act, only. This means that the section does not restrict circumventions which attempt to get access to the underlying work.

While India has not seen major challenges to this provision, in 2013 the Delhi High Court injuncted persons from jailbreaking into Sony Playstations. Amlan analysed the order and questioned it in terms of the Court finding the act of ‘modifying the playstation without Sony’s consent’ illegal. Because, if you read section 65A (emphasis supplied is mine):

65A. Protection of Technological Measures

(1) Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) shall prevent any person from:

(a) doing anything referred to therein for a purpose not expressly prohibited by this Act:

Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated; or

(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or

(c) conducting any lawful investigation; or

(d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or

(e) operator; or [sic]

(f) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or

(g) taking measures necessary in the interest of national security.

Clause (1) clearly states that the law is only applicable to such technological protection measures applied to protect any of the rights conferred by the copyright act. Which raises the questions of which rights are affected when OS of the playstation is modified, and how does the modification amount to copyright infringement? One may perhaps draw that the Court in this order placed the ‘consent’ of Sony above the law.

3) S. 65A(2) safeguards certain acts which also exist as exceptions granted in the Copyright Act. These enumerated acts may be performed without attracting liability: for instance, circumventions for purposes of encryption research, security testing, lawful investigation, evading surveillance by DRM are kosher. Note that s. 65A(2)(g) permits circumvention in the interest of national security.

(For a detailed exegesis of these provisions, please read this piece.)

A look at the draconian DMCA provisions

As I mentioned earlier, the DMCA provisions on DRMs are much stricter compared to the Indian copyright act. Both circumvention(s. 1201(a)(1)), and building and distribution of circumvention tools(s. 1201(a)(2)) are illegal and punishable. The DMCA also meticulously defines circumvention, in terms of “circumventing a technological measure” and “circumventing protection afforded by a technological measure.”

More alarmingly, these provisions envisage access controls as well as use controls. So a person decrypting a DVD to gain access to the work would be held liable for infringement (unlike in India where only the act of copying or modifying the work would trigger infringement). It is also worth noting that there is no clause stating that circumvention (and tools) of only those DRMs is illegal when the DRMs protect rights conferred under the DMCA.

While s. 1201(c) states that the section shall not affect “…rights, remedies, limitations or defenses to copyright infringement, including fair-use…” Further, there do exist exemptions to clauses(a)(1) and (2):

Exemption for nonprofit libraries, archives and educational institutions; and
Exemption for the purposes of law enforcement, intelligence and other government activities, reverse engineering (solely for the purposes of achieving interoperability), restricting internet access to minors, protecting personally identifiable information, security testing, encryption research, etc.

While the list seems to permit circumvention for a wide range of purposes and fair-use, the vague and narrow language has failed the implementation of these exemptions. EFF lists a bunch of these instances where the DRM provisions have been not necessarily used against pirates, but also scientists, consumers and legit competitors.

Further, the DMCA left it entirely to the US copyright agencies to carve exemptions for non-infringing uses of works on a triennial basis. This rulemaking procedure has received heavy criticism, and as a result of the 2015 rejection the Library of the Congress finds itself in a legal soup.

Finally, the EFF lawsuit also illustrates the violations of the plaintiffs rights to free speech and fair-use, as a direct result of the provisions and the Rulemaking process. Armed with a strong case, and as Cory Doctorow puts it, we may witness the eradication of DRM in our lifetime. And I will be following the developments closely and keep our readers updated.

For more details visit https://cis-india.org/a2k/blogs/us-copyright-law-faces-constitutional-challenge