Centre for Internet and Society

How to Engage in Broadband Policy and Regulatory Processes

praskrishna — 2014-04-03T06:07:04Z

LIRNEasia with the support of the Ford Foundation offered a four-day course in Gurgaon from March 7 to 10, 2014. Sunil Abraham taught on Surveillance and Privacy.

Click to see Sunil Abraham's presentation on Surveillance and Privacy. Also read it on LIRNE asia website here.

Goal

To enable members of Indian civil-society groups (including academics and those from the media) to marshal available research and evidence for effective participation in broadband policy and regulatory processes including interactions with media, thereby facilitating and enriching policy discourse on means of increasing broadband access by the poor.

Outcomes

The objective of the course is to produce discerning and knowledgeable consumers of research who are able to engage in broadband policy and regulatory processes. The course will benefit those working in government and at operators as well.

At the end of the course attendees will:

Be able to find and assess relevant research & evidence

Be able to summarize the research in a coherent and comprehensive manner
Have an understanding of broadband policy and regulatory processes in India
Have the necessary tools to improve their communication skills
Have some understanding of how media function and how to effectively interact with media

Participants will be formed into teams on day1. Both group assignments are connected.

The first assignment requires each group to research on a National Broadband Network (NBN) assigned to them (one of US, Singapore, Hong Kong, Brazil, South Africa, Korea or Colombia) and writing it up based on a template that will be provided. Each team will have to present their findings about the NBN at the end of day 2.

The second assignment is to be performed by teams. It is an oral presentation, accompanied by a policy brief of two pages max. at a mock public hearing at which the Indian Department of Telecommunications (DoT) is seeking input on the question of subsidizing fiber-to-the-home (FTTH) as the second phase of the current INR 20,000 Crore (USD 4 Billion) National Optical Fiber Network initiative. Each team will be assigned a role and they should present the recommendations from the point of view of the assigned ‘role’. All presentations must be evidence based. It is expected that participants will use what they learnt about other NBNs on day 2 to support their argument. Additional research must be conducted on Days 3 and 4.

	Day1 (March 7)	Day2 (March 8)	Day3 (March 9)	Day4 (March 10)
09.00 10.30	S1 Introduction (Rohan Samarajiva RS)	S5 Interrogating supply-side indicators (RS & RLG)	S8 Indian broadband policy & regulatory environment in relation to comparator countries (Satyen Gupta SG)	S13 Lessons from Mexico (Ernesto Flores EF)
10.30 11.00	Break	Break	Break	Break
11.00 12.00	S2 Research on significance of broadband/Internet (Payal Malik PM)	S6 Assessing & summarizing research (RS & NK)	S9 Research on subsidies in broadband eco system (PM)	S14 Spectrum policy debates (Martin Cave (MC)
12.00 13.00	S3 Finding research (Nilusha Kapugama NK)	S7 The art of media interaction (RS)	S10 Making policy & doing regulation (SG & Rajat Kathuria RK) panel discussion	S15 Framing issues (RS)
13.00 14.00	Lunch	Lunch	Lunch	Lunch
14.00 15.00	A1 Group formation; Assignments explained and introduction of Broadband Website (Roshanthi Lucas Gunaratne RLG)	A2 Rewriting research summaries & preparing presentations	S11 Surveillance and Privacy (RS & Sunil Abraham SA)	A5 Mock public hearing (RS & panel)
15.00 15.30	Break	Break	Break	Break
15.30 17.00	S4 Demand-side research (NK)	A3 Presentation & critique of research summaries (RS & Panel)	S12 International policy debates on Internet and broadband (RS)	A5 Mock public hearing & critique (RS & panel)
17.00 onwards	Group work	Group work	Group work	Certificate dinner

Faculty

Rohan Samarajiva, PhD
Rohan Samarajiva, was the founding CEO (2004 - 2012) and Chair (2004 – onwards) of LIRNEasia.

Previously he was the Team Leader at the Sri Lanka Ministry for Economic Reform, Science and Technology (2002-04) responsible for infrastructure reforms, including participation in the design of the USD 83 million e Sri Lanka Initiative. He was Director General of Telecommunications in Sri Lanka (1998-99), a founder director of the ICT Agency of Sri Lanka (2003-05), Honorary Professor at the University of Moratuwa in Sri Lanka (2003-04), Visiting Professor of Economics of Infrastructures at the Delft University of Technology in the Netherlands (2000-03) and Associate Professor of Communication and Public Policy at the Ohio State University in the US (1987-2000). He was Policy Advisor to the Ministry of Post and Telecom in Bangladesh (2007-09).

He serves as Senior Advisor to Sarvodaya (Sri Lanka’s largest community based organization) on ICT matters. Samarajiva is a Board Member of Communication Policy Research south, an initiative to identify and foster policy intellectuals in emerging Asia. He serves on the editorial boards of seven academic journals.

His full CV can be found at http://lirneasia.net/wp-content/uploads/2007/12/CVApril1long.pdf

Martin Cave, PhD
Martin Cave is a regulatory economist specialising in competition law and in the network industries, including airports, broadcasting, energy, posts, railways, telecommunications and water. He has published extensively in these fields, and has held professorial positions at Warwick Business School, University of Warwick, UK, and the Department of Economics, Brunel University, UK. In 2010/11, Martin held the BP Centennial Chair at the London School of Economics, based in the Department of Law. He is now Visiting Professor at Imperial College Business School.

He is a Deputy Chair of the Competition Commission from January 2012. He has provided expert advice to governments, competition authorities, regulators and firms around the world, focussing particularly upon the communications industries. This work has included reviews of spectrum policies for the Governments of Australia, Canada and the UK; advice on market analysis and access remedies to a large number of regulators in Asia, Australia, Europe and Latin America, including the European Commission. He has provided advice and expert testimony in competition and sector-specific regulatory proceedings to a number of major international firms in Asia, Australasia and Europe. He has also advised UK ministers on matters relating to the water sector, housing, legal services and airports, and advised regulators in the railway and energy sectors. He was a founder member of the Academic Advisory Committee of the Brussels-based think tank, the Centre for Regulation in Europe (www.cerre.eu). In 2009 he was awarded the OBE for public service.

His full CV available on http://www.martincave.org.uk/index.php

Payal Malik
Payal Malik is a Senior Research Fellow of LIRNEasia and an Associate Professor of Economics at the Delhi University. She is currently on deputation to the Competition Commission of India. She is also associated with National Council of Applied Economic Research and Indicus Analytics. She received her Master of Philosophy (M.Phil.), and MA in Economics from the Delhi School of Economics and BA in Economics from Lady Shriram College, University of Delhi. She also has a MBA in Finance from the University of Cincinnati.

She has several years of research experience on the issues of competition and regulation in network industries like power, telecommunication and water. In addition, she has done considerable research on the ICT sector. Recently she has been actively engaged in competition policy research. At LIRNEasia, she has led research on measuring India’s telecom sector and regulatory performance, including a study on Universal Service Instruments. She has written both for professional journals as well as for the economic press. Currently she is a regular columnist for the Financial Express, India and a referee for the Information Technologies and International Development journal published by University of Southern California, Annenberg. Click here to download a detailed version of CV.

Satyen Gupta
Satyen Gupta is the founder and Secretary General, NGN Forum, India. Previously he was the chief of Corporate Affairs, Sterlite Technologies Ltd and headed the Regulatory and Govt. Affairs for BT global Services for SAARC Region and handled Licencing, Regulation, compliance, competition and Industry Advocacy issues. He is also a member, Advisory Board of Creation and Implementation of National Optical Fibre Network for the government of India (2011 onwards). From 2000-2006 he served as the Principle Advisor, Telecom Regulatory Authority of India at the level of additional secretary to the government of India and headed the fixed network division. He is the author of “Everything Over IP-All you want to know about NGN” (2011).

He has conducted and taught many courses on telecommunication technologies, policy and regulation. He is also a Govt. Affairs and Regulatory advocate. He graduated with Hons, in Engineering in 1979 from NIT, Kurukshetra University, INDIA and went on to complete his post graduate studies in Electronics Design Technology at CEDT, Indian Institute of Science, Bangalore.

Rajat Kathuria, PhD
Rajat Kathuria is Director and Chief Executive at Indian Council for Research on International Economic Relations (ICRIER), New Delhi. He has over 20 years experience in teaching and 10 years experience in economic policy, besides research interests on a range of issues relating to regulation and competition policy. He worked with Telecom Regulatory Authority of India (TRAI) during its first eight years (1998-2006) and gained hands on experience with telecom regulation in an environment changing rapidly towards competition. The role entailed analysis of economic issues relating to telecom tariff policy, tariff rebalancing, interconnection charges and licensing policy. Market research and questionnaire development and analysis formed an integral part of this exercise. It also involved evaluation of macro level initiatives for transforming the telecom industry. He wrote a number of consultation papers which eventually formed the basis of tariff and interconnection orders applicable to the industry. He has an undergraduate degree in Economics from St. Stephens College, a Masters from Delhi School of Economics and a PhD degree from the University of Maryland, College Park.

Ernesto Flores, PhD
Ernesto M. Flores-Roux majored in Mathematics from the National University of Mexico (UNAM), obtained partial credits in a Masters in Economics (ITAM), and received his PhD in Statistics from The University of Chicago (1993). From 1993 to 2004, he worked for McKinsey & Co., Inc. (Mexico, Brazil), one of the most prestigious international consulting firms, first as a Consultant, then as Partner, and finally as the Partner in charge of McKinsey's Rio de Janeiro office. He specialized in several aspects of the telecommunications industry, including regulation, planning, strategy, and marketing. He assisted the governments of Mexico and Brazil in their deregulation and privatization processes. In 2004, he joined Telefonica, first as Director of Marketing and Strategy in Mexico and then transferring to Telefónica's operations in Peru, China (Beijing), and Brazil. In 2008 he joined the Ministry of Communications and Transport (SCT) in Mexico as Chief of Staff of the Deputy Minister of Communications. In 2009 he joined CIDE (Centro de Investigación y Docencia Económicas, Mexico City) as an associate professor of CIDE's telecommunications program (Telecom CIDE). He has published several papers in telecommunications policy and has written reports for the IDB, GSMA, UN/CEPAL , Ahciet, CAF, OECD, as well as other publications in industry and academic journals. In 2011 he became a member of the Advisory Council of the Mexican telecommunications regulator (Cofetel – Comisión Federal de Telecomunicaciones).

Sunil Abraham
Sunil Abraham is the Executive Director of Bangalore based research organization, the Centre for Internet and Society. He founded Mahiti in 1998, a company committed to creating high impact technology and communications solutions. Today, Mahiti employs more than 50 engineers. Sunil continues to serve on the board. Sunil was elected an Ashoka fellow in 1999 to 'explore the democratic potential of the Internet' and was also granted a Sarai FLOSS fellowship in 2003. Between June 2004 and June 2007, Sunil also managed the International Open Source Network, a project of United Nations Development Programme's Asia-Pacific Development Information Programme serving 42 countries in the Asia-Pacific region.

Nilusha Kapugama
Nilusha Kapugama is a Research Manager at LIRNEasia and manages the electricity component of the 2012-2014 IDRC Project on ‘Achieving e-inclusion by improving government service delivery & exploring the potential of “big data” for answering development questions’.

She is also working on a systematic review looking at the economic impacts of mobile phones. Previously she managed the Knowledge Based Economy project at LIRNEasia, which looked at the information and knowledge gaps in agriculture supply chains. She also worked on CPR south, LIRNEasia’s capacity-building initiative to develop Asia-Pacific expertise and knowledge networks in ICT policy regulation. She has also done research on broadband quality indicators and national regulatory authority (NRA) website indicators. She has also worked on LIRNEasia’s Virtual Organization Project. She has experience organizing international conferences and training courses.

She holds a master’s degree in development economics and policy from the University of Manchester, UK.

Roshanthi Lucas Gunaratne
Roshanthi is a Research Manager at LIRNEasia and is currently managing the Ford Foundation Funded project on Giving Broadband Access to the Poor in India.

She is also contributing to the IDRC Customer Lifecycle Management Practices Project by conducting research on customer lifecycle management practices in telecommunication sector in Bangladesh.

Before joining LIRNEasia, Roshanthi worked at the Global Fund to fight AIDS, Tuberculosis and Malaria, Geneva, Switzerland as a Strategic Information Officer. She contributed to the process of defining the Global Fund Key Performance Indicators, and also worked on improving the performance measurements of their grants. Prior to that, she worked as a telecom project manager at Dialog Telecom, and Suntel Ltd in Sri Lanka. As Suntel she managed the design and implementation of corporate customer projects.

She holds a MBA from the Judge Business School, University of Cambridge, UK and a BSc. Eng (Hons) specializing in Electronics and Telecommunication from the University of Moratuwa, Sri Lanka.

Resource Materials

Bauer, Johannes M.; Kim, Junghyun; & Wildman, Steven S. (2005). An integrated framework for assessing broadband policy options. MICH. ST. L. REV. 21, pp. 21-50. http://www.msulawreview.org/PDFS/2005/1/Bauer-Kim.pdf

Broadband Commission (2012). The state of broadband 2012: Achieving digital inclusion for all. http://www.broadbandcommission.org/Documents/bb-annualreport2012.pdf

Government of India, Department of Telecommunications (2012). National Telecom Policy 2012. http://www.dot.gov.in/ntp/NTP-06.06.2012-final.pdf

Government of India, Department of Telecommunications (2004). Broadband policy. http://www.dot.gov.in/ntp/broadbandpolicy2004.htm

Junio, Don Rodney (2012). Does a National Broadband Plan Matter? A Comparative Analysis of Broadband Plans in Hong Kong and Singapore http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2146566

InfoDev. Broadband strategies toolkit. http://broadbandtoolkit.org/en/toolkit/contents

Samarajiva, Rohan (2010). Leveraging the budget telecom network business model to bring broadband to the people, Information Technology and International Development, 6, special edition: 93-97. http://itidjournal.org/itid/article/view/630/270

For more details visit https://cis-india.org/news/how-to-engage-in-broadband-policy-and-regulatory-processes

Institute for Internet & Society 2014, Pune

samantha — 2014-04-07T11:31:23Z

Last month, activists, journalists, researchers, and members of civil society came together at the 2014 Institute for Internet & Society in Pune, which was hosted by CIS and funded by the Ford Foundation. The Institute was a week long, in which participants heard from speakers from various backgrounds on issues arising out of the intersection of internet and society, such as intellectual property, freedom of expression, and accessibility, to name a few. Below is an official reporting summarizing sessions that took place.

Day One

February 11, 2014

Time	Detail
9.30 a.m. – 9.40 a.m.	Introduction: Sunil Abraham, Executive Director Centre for Internet and Society
10.00 a.m. – 10.15 a.m.	Introduction of Participants
10.15 a.m. – 12.00 p.m.	Internet Governance and Privacy: Sunil Abraham
12.00 p.m. – 12.30 p.m.	Tea-break
12.30 p.m. – 1.00 p.m.	Keynote: Bishakha Datta, Filmmaker and Activist, and Board Member, Wikimedia Foundation
1.00 p.m. – 2.00 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Participant Presentations
3.00 p.m. – 3.15 p.m.	Tea Break
3.15 p.m. – 4.45 p.m.	Histories, Bodies and Debates around the Internet: Nishant Shah, Director-Research, CIS

This year’s Internet Institute, hosted by the Centre for Internet & Society (CIS), kicked off in Pune to put a start to a week of learnings and discussions surrounding internet usage and its implications on individuals of society. Twenty two attendees from all over India attended this year, from backgrounds of activism, journalism, research and advocacy work.

Attendees were welcomed by Dr. Ravina Aggarwal, Program Officer for Media Rights & Access at the Ford Foundation, the event’s sponsor, who started off the day by introducing the Foundation’s initiatives in pursuit of bridging the digital divide by addressing issues of internet connectivity.

Internet Governance & Privacy, Sunil Abraham
The Institute’s first session was led by Sunil Abraham, Executive Director of CIS, and engaged with issues of internet governance and privacy with reference to four stories: 1) a dispute between tweeters from the US and those in South Africa over the use of hashtag #thingsdarkiesays, which is said not to be as racially derogatory as it is in the US; 2) Facebook’s contested policies on photos featuring users breastfeeding, 3) a lawsuit between Tata and Greenpeace over the organization’s use of Tata’s logo in a video game created for public criticism of their environmentally-degrading practices, and lastly, 4) the case of Savita Bhabhi, an Indian pornographic cartoon character which had been banned by India’s High Court and which had served as a landmark case in expanding the statutory laws for what is considered to be pornographic.

Each of these stories has one major thing in common: due to their nature of taking place over the internet, they are not confined to one geographic location and in turn, are addressed at the international level. The way by which an issue as such is to be addressed cuts across State policies and internet intermediary bodies to create quite a messy case in trying to determine who is at fault. Such complexity illustrates how challenging internet governance can be within today’s society that is no longer restricted to national or geographic boundaries.

Sunil also goes on in explaining the relationship between privacy, transparency, and power, summing it up in a simple formula; privacy protection should have a reverse relationship to power—the more the power, the less the privacy one should be entitled to. On the contrary, a direct correlation goes for power and transparency—the more the power, the more transparent a body should be. Instead of thinking about these concepts as a dichotomy, Sunil suggests to see them as absolute rights in themselves—instrumental in policies and necessary to address power imbalances.

The Web We Want, Bishakha Datta
The Institute’s kickoff was also joined by Indian filmmaker and activist, Bishakha Datta, who had delivered the keynote address. Bishakha bridged together notions of freedom of speech, surveillance, and accessibility, while introducing campaigns that work to create an open and universally accessible web, such as the Web We Want and Sexuality and Disability. Bishakha stresses how the internet as a space has altered how we experience societal constructs, which can be easily exhibited in how individuals experience Facebook in the occurrence of a death, for example. Bishakha initiated discussion among participants by posing questions such as, “what is our expectation of privacy in this brave new world?” and “what is the society we want?” to encompass the need to think of privacy in a new way with the coming of the endless possibilities the internet brings with it.

Histories, Bodies and Debates around the Internet, Nishant Shah
CIS Research Director, Nishant Shah, led a session examining internet as a technology more broadly, and our understandings of it in relation to the human body. Nishant proposes the idea that history is a form of technology, as well as time, itself, for which our understanding only comes into being with the aid of technologies of measurement. Although we are inclined to separate technology from the self, Nishant challenges this notion while suggesting that technology is very integral to being human, and defines a “cyborg” as someone who is very intimate with technology. In this way, we are all cyborgs. While making reference to several literary pieces, including Haraway’s Cyborg: Human, Animus, Technology; Kevin Warwick’s Living Cyborg; and Watt’s small world theory, Nishant challenges participants’ previous notions of how one is to understand technology in relation to oneself, as well as the networks we find ourselves implicated within.

Also brought forth by Nishant, was the fact that the internet as a technology has become integral to our identities, making us accessible (rather than us solely making the technology accessible) through online forms of documentation. This digital phenomenon in which we tend to document what we know and experience as a means of legitimizing it can be summed in the modern version of an old fable: “If a tree falls in a lonely forest, and nobody tweets it, has it fallen?”

Nishant refers to several case studies in which the use of online technologies has created a sense of an extension of the self and one’s personal space; which can then be subject to violation as one can be in the physical form, and to the same emotional and psychological effect—as illustrated within the 1993 occurrence referred to as “A Rape in Cyberspace.”

Attendee Participation
Participants remained engaged and enthusiastic for the duration of the day, bringing forth their personal expertise and experiences. Several participants presented their own research initiatives, which looked at issues women face as journalists and as portrayed by the media; amateur pornography without the consent of the woman; study findings on the understandings of symptoms of internet addiction; as well as studies looking at how students engage with college confession pages on Facebook.

Day Two

February 12, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Wireless Technology: Ravikiran Annaswamy, CEO and Co-founder at Teritree Technologies
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Wired Technology: Ravikiran Annaswamy
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Network, Threats and Securing Yourself: Kingsley John, Independent Consultant
3.00 p.m. – 3.15 p.m.	Tea Break
3.15 p.m. – 4.45 p.m.	Practical Lab: Kingsley John
4.45 p.m. – 5.00 p.m.	Wrap-up: Sunil Abraham

Day Two of the Institute entailed a more technical orientation to “internet & society” across sessions. Participants listened to speakers introduce concepts related to wired and wireless internet connectivity devices and their networks, along with the network of internet users and how one may secure him or herself while “online.”

Wireless & Wired Technology, Ravikiran Annaswamy
Senior industry practitioner, Ravikiran Annaswamy had aimed to enable the Institute’s participants to “understand the depth and omnipresent of telecom networks” that we find ourselves implicated within. Ravikiran went through the basics of these networks—including fixed line-, mobile-, IP-, and Next Generation IP-networks—as well as the technical structuring of wired and wireless broadband. Many participants found this session to be particularly enriching as their projects aimed to provide increased access to internet connectivity to marginalized areas in India, and had been without the know-how to go about it.

Network, Threats and Securing Yourself, Kinglsey John
An instructional session on how to protect oneself was given by Kingsley John, beginning with a lesson on IP Addresses—what they are and the different generations of such, and how IP addresses fit into a broader internet network. Following, Kingsley demonstrated and explained email encryption through the use of software, Kleopatra, and how it may be used to generate keys to encrypt emails through Thunderbird mail client.

Evening Discussion

A handful of participants voluntarily partook in an evening discussion, looking at the role of big players in the global internet network, such as Google and Facebook, how they collect and utilize users’ data, and what sorts of measures can be taken to minimize the collecting of such. Due to the widely varying backgrounds of interest among participants, those coming from this technical orientation towards the internet were able to inform their peers on relevant information and types of software that may be found useful related to minimizing one’s online presence.

Day Three

February 13, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Free Software: Prof. G. Nagarjuna, Chairperson, Free Software Foundation
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Open Data: Nisha Thompson, Independent Consultant
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Freedom of Expression: Bhairav Acharya, Advocate and Adviser, Centre for Internet and Society
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Copyright: Nehaa Chaudhari, Program Officer, Centre for Internet and Society

The third day of the Internet Institute incorporated themes presented by speakers ranging from free software, to freedom of expression, to copyright.

Free Software, Prof. G. Nagarjuna
Chairman on the Board of Directors for the Free Software Foundation of India, Professor G. Nagarjuna shared with the Institute’s participants his personal expertise on software freedom. Nagarjuna mapped for us the network of concepts related to software freedom, beginning with the origins of the copyleft movement, and also touching upon the art of hacking, the open source movement, and what role software freedom plays in an interconnected world.

Nagarjuna looks at the free software movement as a political movement in the digital space highlighting the user’s freedoms associated to the use, distribution, and modification of software for the greater good for all. This is said to distinguish this movement from that of Open Source—a technical and more practical development-oriented movement. The free software movement is not set out to compromise the fundamental issues for the sake of being practical and in that sense, ubiquitous. Instead, its objective is “not to make everybody use the software, but to have them understand why they are using the software,” so that they may become “authentic citizens that can also resonate why they’re doing what they’re doing. We want them to understand the ethical and political aspects of doing so,” Nagarjuna says.

Open Data, Nisha Thompson
Participants learned from Nisha Thompson on Open Data; what it is, its benefits, and how it is involved in central government initiatives and policy, as well as civil society groups—generally for uses such as serving as evidence for decision making and accountability. Nisha explored challenges concerning the use of open data, such as those pertaining to privacy, legitimacy, copyright, and interoperability. The group looked at the India Water Portal as a case study, which makes accessible more than 300 water-related datasets already available in the public space for use from anything from sanitation and agriculture to climate change.

Freedom of Expression, Bhairav Acharya
Bhairav Acharya, a constitutional lawyer, traced the development of the freedom of speech and expression in India. Beginning with a conceptual understanding of censorship and the practice of censorship by the state, society, and the individual herself, Bhairav examines the limits traditionally placed by a nation-state on the right to free speech.

In India, modern free speech and censorship law was first formulated by the colonial British government, which broadly imported the common law to India. However, the colonial state also yielded to the religious and communitarian sensitivities of its subjects, resulting in a continuing close link between communalism and free speech in India today. After Independence, the post-colonial Indian state carried forward Raj censorship, but tweaked it to serve to a nation-building and developmental agenda. Nation-building and nationalism are centrifugal forces that attempt to construct a homogenous 'mainstream'; voices from the margins of this mainstream (the geographical, ethnic, and religious peripheries) and of the marginalised within the mainstream (the poor and disadvantaged), are censored.

Within this narrative, Bhairav located and explained the evolution of the law relating to press censorship, defamation, obscenity, and contempt of court. Free speech law applies equally online. Broadly, censorship on the internet must survive the same constitutional scrutiny that is applied to offline censorship; but, as technology develops, the law must innovate.

Copyright, Nehaa Chaudhari
CIS Programme Officer, Nehaa Chaudhari examined the concept of Copyright as an intellectual property right in discussing its fundamentals, purpose and origins, and Copyright’s intersection with the internet. Nehaa also explained the different exceptions to Copyright, along with its alternatives, such as opposing intellectual property protection regimes, including the Creative Commons and Copyleft. Within this session, Nehaa also introduced several cases in which Copyright came into play with the use of the internet, including Hunter Moore’s “Is Anyone Up?” website, which had showcased pornographic pictures obtained by submission bringing rise to the phenomenon of “revenge porn.” Instances as such blur the lines of what is commonly referred to as intellectual property, and what specific requirements enables one to own the rights to such.

Day Four

February 14, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	E-Accessibility and Inclusion: Prashant Naik, Union Bank
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Patents: Nehaa Chaudhari
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 2.00 p.m.	Fieldwork Assignment

Day Four of the Internet Institute introduced concepts of eAccessibilty and Inclusion on the internet for persons with disabilities, along with patents as an intellectual property right. Participants were also assigned a fieldwork exercise as a hands-on activity in which they were to employ what they’ve learned to initiate conversation with individuals in public spaces and collect primary data while doing so.

eAccessibility and Inclusion, Prashant Naik

Prashant Naik started off the day with his session on E-Accessibility and Inclusion. Prashant illustrated the importance of accessibility and what is meant by the term. Participants learned of assistive technologies for different disability types and how to create more accessible word and PDF documents, as well as web pages for users. Prashant demonstrated to participants what it is like to use a computer as a visually impaired individual, which provided for an enriching experience.

Patents, Nehaa Chaudhari
Nehaa Chaudhari led a second session at the Internet Institute on intellectual property rights—this one looking at patents particularly and their role within statutory law. Nehaa traced the historical origins of patents before examining the fundamentals of them, and addresses the questions, “Why have patents? And is the present system working for everyone?” Nehaa also introduced notions of the Commons along with the Anticommons, and perspectives within the debate around software patents, as well as different means by which the law can address the exploitation of patents or “patent thickets”—such as through patent pools or compulsory licensing.

Fieldwork Assignment, Groupwork
Participants were split into groups and required to carry out a mini fieldwork assignment in approaching individuals in varying public spaces in Pune in attempts to collect primary data. Questions asked to individuals were to be devised by the group, so long as they pertained to themes examined within the Internet Institute. Areas visited by groups included the Pune Central Mall, MG Road, and FC Road.

Day Five

February 15, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	E-Governance: Manu Srivastav, Vice President, eGovernments Foundation
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Market Concerns: Payal Malik, Economic Adviser, Competition Commission of India
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Digital Natives: Nishant Shah
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Fieldwork Presentations

Day Five of the Internet Institute brought with it sessions related to themes of e-governance, market concerns of telecommunications, and so called “Digital Natives.”

eGovernance, Manu Srivastava
Vice President of the eGovernments Foundation, Manu Srivastava led a session on eGovernance—the utilization of the internet as a means of delivering government services communicating with citizens, businesses, and members of government. Manu examined the complexities of the eGovernance and barriers to implementation of eGovernance initiatives. Within discussion, participants examined the nuanced relationship between the government and citizens with the incorporation of other governing bodies in an eGovernance system, as well as new spaces for corruption to take place.

Market Concerns, Payal Malik
Payal Malik, Advisor of the Economics Division of the Competition Commission of India shared her knowledge on market concerns of the telecommunications industry, and exclaimed the importance of competition issues in such an industry as a tool to create greater good for a greater number of people. She demonstrated this importance by stating that affordability as a product of increased access can only be possible once there is enough investment, which generally only happens in a competitive market. In this way, we must set the conditions to make competition possible, as a tool to achieve certain objectives. Payal also demonstrated the economic benefits of telecommunications by stating that for every 10% increase in broadband penetration, increase in GDP of 1.3%. She also examined the broadband ecosystem in India and touched upon future possibilities of increased broadband penetration, such as for formers and the education sector.

Digital Natives, Nishant Shah
Nishant Shah shed some light on one of the areas that the Centre for Internet & Society looks at within their research scope, this being the “Digital Native.” As referred to by Nishant, the Digital Native is not to categorize a specific type of internet user, but can be said for simply any person who is performing a digital action, while doing away with this false dichotomy of age, location, and geography.

Nishant examines varying case studies in which “the digital is empowering natives to not merely be benefactors of change, but agents of change,” from the Blank Noise Project’s “I NEVER Ask for it…” campaign in efforts to rethink sexual violence, to Matt Harding’s foolish dancing with groups of individuals from all over the world.

As occurrences in the digital realm, however, these often political expressions may be rewritten by the network when picked up as a growing phenomenon, in order to make it accessible to online consumers by the masses. In doing so, the expression is removed from its political context and is presented in the form of nothing more than a fad. For this reason, Nishant stresses the need to become aware of the potential of the internet in becoming an “echo-chamber”—in which forms of expression are amplified and mimicked, resulting in a restructuring of the dynamics surrounding the subject—whether it be videos of boys lipsyncing to Backstreet Boys in their dorm room going viral, or a strong and malicious movement to punish the Chinese girl who had taken a video of her heinously and wickedly killing a kitten after locating her using the Human Flesh Search Engine.

Fieldwork Presentations, Groupwork

To end off the day, participant groups presented findings collated from the prior evening’s fieldwork exercise, in which they were to ask strangers in various public places of Pune questions pertaining to themes looked at from within this year’s Institute. Participants were divided into four groups and visited Pune’s FC Road, Mahatma Gandhi Road, and Central Mall.

Groups found that the majority of those interviews primarily accessed the phone via the mobile. There was also a common weariness of using the internet and concern for one’s privacy while doing so, especially with uploading photos to Facebook and online financial transactions. People were also generally concerned about using cyber cafes for fear of one’s accounts being hacked. Generally people suspected that so long as conversations are “private” (i.e. in one’s Facebook inbox), so too are they secure. Just as well, those interviewed shared a sense of security with the use of a password.

Day Six

February 16, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Wikipedia: Dr. Abhijeet Safai
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Open Access: Muthu Madhan (TBC)
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Case Studies Groupwork
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Case Studies Presentations

As the Institute came closer to its end, participants got the opportunity to hear from speakers on topics pertaining the Wikipedia editing in addition to Open Access to scholarly literature. Participants also worked together in groups to examine specific case studies referenced in previous sessions, and then presented their conclusions.

Wikipedia, Dr. Abhijeet Safai
The Institute was joined by Medical Officer of Clinical Research at Pune’s Symbiosis Centre of Health Care, Dr. Abhijeet Safai, who led a session on Wikipedia. Having edited over 3700 Wikipedia articles, Dr. Abhijeet was able to bring forth his expertise and familiarity in editing Wikipedia to participants so that they would be able to do the same. Introduced within this session were Wikipedia’s different fundamental pillars and codes of conducts to be complied with by all contributors, along with different features and components of Wikipedia articles that one should be aware of when contributing, such as how to cite sources and discuss the contents of an article with other contributors.

Open Access, Muthu Madhan
Muthu Madhan joined the Internet Institute while speaking on Open Access (OA) to scholarly literature. Within his session, Muthu examined the historical context within which the scholarly journal had arisen and how the idea of Open Access began within this space. The presence of Open Access in India and other developing nations was also examined in this session, and the concept of Open Data, introduced.

Case Studies, Groupworks

Participants were split up into groups and assigned particular case studies looked at briefly in previous sessions. Case studies included #thingsdarkiessay, a once trending Twitter hashtag in South Africa which had offended many Americans for its use of “darkie” as a derogatory term; the literary novel, The Hindus, which offers an alternative narrative of Hindu history had been banned in India for obscenity; a case in which several users’ avatars had been controlled by another in a virtual community and forced to perform sexual acts, referred to as A Rape Happened in Cyber Space; and lastly, a pornographic submission website, Is Anyone Up?, for which content was largely derived from “revenge porn.” Each group then presented on the various perspectives surrounding the issue at hand.

The Cyborg, Nishant Shah
Nishant Shah led an off-agenda session in the evening looking more closely at the notion of the human cyborg. Nishant deconstructs humanity’s relationship to technology, in suggesting that we “think of the human as produced with the technologies… not who produces technology.” Nishant explores the Digital Native as an attained identity for those who, because of technology, restructure and reinvent his or her environment—offline as well as online. Among other ideas shared, Nishant refers to works by Haraway on the human cyborg in illustrating our dependency on technology and our need to care for these technologies we depend on.

Day Seven

February 17, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Internet Activism: Laura Stein, Associate Professor, University of Texas and Fulbright Fellow
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Domestic and International Bodies: Chinmayi Arun, Research Director
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Participant Presentations
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Hot Question Challenge

The last day of the week-long Internet Institute examined concepts of Internet Activism and Domestic and International Bodies. Some participants led presentations on topics of personal familiarity, before a final wrap-up exercise, calling upon individuals to share any new formulations resulting from the Institute.

Internet Activism, Laura Stein

Associate Professor from the University of Texas, Laura Stein, spoke on activism on the internet. Laura examined some grassroots organizations and movements taking place on the online and the benefits that the internet brings in facilitating their impact, such as its associated low costs, accessibility and possibility for anonymity. Despite the positive effects catalyzed by the internet, Laura stresses that the “laying field is still unequal, and movements are not simply transformed by technology.” Some of the websites exemplifying online activism that were examined within this session includes the It Gets Better Project, which aims to give hope to LGBT youth facing harassment, and the national election watch by the Association for Democratic Reforms. Additionally, Laura spoke on public communication policy, comparing that of the US and India, and how this area of policy may influence media content and practice.

Domestic and International Bodies, Chinmayi Arun
As the Internet Institute’s final speaker, Research Director for Communication Governance at National Law University , Chinmayi Arun, explores the network of factors that affect one’s behavior on the internet—these including: social norms, the law, the markets, and architecture. In referring to Lawrence Lessig’s pathetic dot theory, Chinmayi illustrates how individual’s—the pathetic dots in question—are functions of the interactions of these factors, and in this sense, regulated, and stresses the essential need to understand the system, in order to effectively change the dynamics within it. It is worth noting that not all pathetic dots are equal, and Google’s dot, for example, will be drastically bigger than a single user’s, having more leveraging power within the network of internet bodies. Also demonstrated, is the fact that we must acknowledge the need for regulation by the law to some extent, otherwise, the internet would be a black box where anything goes, putting one’s security at risk of violation.

Hot Question Challenge
The very last exercise of the Institute entailed participants asking each other questions on demand, relating back to different themes looked at within the last week. Participants had the chance, here, to bridge together concepts across sessions, as well as formulate their own opinions, while posing questions to others that they, themselves, were still curious about.

For more details visit https://cis-india.org/telecom/blog/institute-for-internet-society-2014-pune

RightsCon 2014

praskrishna — 2014-04-08T05:04:09Z

RightsCon Silicon Valley 2014 was an incredible mixture of more than 700 attendees from more than 65 countries and 375 institutions. Pranesh Prakash and Malavika Jayaram were speakers at this event organized by RightsCon at San Francisco on March 3 and 4, 2014.

This incredible union of expertise has led to real outcomes, many of which are viewable here or as a PDF report here. Missed a session? A special thanks to all our speakers and sponsors who made 2014 so smart and productive.

Missed a session in San Francisco? Many of the videos are available for viewing. To learn more about past RightsCon conferences, head here.

Even as we continue to work diligently on the the work generated from RightsCon Silicon Valley 2014, we are looking ahead to 2015 and Southeast Asia, where we will convene civil society and key decision-makers in this rapidly evolving region. Click here to learn more about the planning for RCSEA2015.

Pranesh was invited to be on five panels, and spoke in three.

He spoke in the following sessions:

March 3 from 14:00-15:15 - Nicolas Seidler's panel on "Localizing the Global Internet: Data Centers, Traffic Rerouting, and the Implications of Post-Surveillance Policy Proposals"

March 4 from 12:00-13:15 - Paul & Bertrand's panel on "Internet and Jurisdiction: How Can Heterogenous Laws Coexist in Cross-Border Online Spaces?"

March 4 from 14:30-15:45 - Amie Stepanovich's panel on "The NSA Strikes Back: Who Really Won the Crypto Wars?"

He was also invited to the following panels:

"Toward Accountability: Reflecting on ICT Industry Action To Protect User Rights"

"Policy Laundering: Hacking the International Innovation Policy Machine"

For more info on the conference, click here. For the full list of speakers, see here.

Video

For more details visit https://cis-india.org/news/rights-con-2014

Spreadsheet data on sample of 50 security companies

maria — 2014-02-28T16:13:39Z

For more details visit https://cis-india.org/internet-governance/blog/data-on-surveillance-technology-companies

Big Democracy, Big Surveillance: India's Surveillance State

maria — 2014-02-28T10:35:09Z

In India, surveillance is on the rise by the state to tackle crime and terrorism, and private companies are eager to meet the demand.

This article by Maria Xynou was published by OpenDemocracy on 10 February 2014.

Worried about the secret, mass surveillance schemes being carried out by the NSA? While we should be, some of the surveillance schemes in the world's largest democracy, India, are arguably in the same league.

Surveillance is being globalised to the extent that even India, a country with huge poverty issues, is investing millions of dollars in creating an expansive surveillance regime. However, why would communications monitoring interest Indian authorities, when the majority of the population lives below the line of poverty and only 17% of the population has access to the Internet?

The official political motivation behind surveillance in India appears to be the government's determination to tackle terrorism in the country. The 2008 Mumbai terrorist attacks were arguably a similar landmark to the 9/11 terrorist attacks in the US, and both governments officially announced their intention to carry out surveillance as a counter-terrorism measure. However, unlike in the west, terrorist attacks in India are much more common, and the National Security Adviser reported in 2008 that 800 terrorist cells were operational in the country. With India’s history of major terror attacks in India over the last 25 years, it's easy for one to be persuaded that terrorism is actually a major threat to national security.

India's surveillance schemes

India’s surveillance programs mostly started following the 2008 Mumbai terror attacks. That was when the Ministry of Home Affairs first proposed the creation of a National Intelligence Grid (NATGRID), which will give 11 intelligence and investigative agencies real-time access to 21 citizen data sources to track terror activities. These citizen data sources will be provided by various ministries and departments, otherwise called “provider agencies”, and will include bank account details, telephone records, passport data and vehicle registration details, among other types of data.

The Ministry of Home Affairs has sought over Rs. 3,400 crore (around USD 540 million!) for the implementation of NATGRID, which aims to create comprehensive patterns of intelligence by collecting sensitive information from databases of departments like the police, banks, tax and telecoms to supposedly track any terror suspect and incident.

But NATGRID is far from India's only data sharing scheme. In 2009 the Cabinet Committee on Economic Affairs approved the creation and implementation of the Crime and Criminal Tracking Network & Systems (CCTNS), which would facilitate the sharing of databases among 14,000 police stations across all 35 states and Union Territories of India, excluding 6,000 police offices which are high in the police hierarchy. Rs. 2,000 crore (around USD 320 million) have been allocated for the CCTNS, which is being implemented by the National Crime Records Bureau under the national e-governance scheme. The CCTNS not only increases transparency by automating the function of police stations, but also provides the civil police with tools, technology and information to facilitate the investigation of crime and detection of criminals.

But apparently, sharing data and linking databases is not enough to track criminals and terrorists. As such, in the aftermath of the 2008 Mumbai terror attacks, the Indian government also implemented various interception systems. In September 2013 it was reported that the Indian government has been operating Lawful Intercept & Monitoring (LIM) systems, widely in secret. In particular, mobile operators in India have deployed their own LIM systems allowing for the so-called “lawful interception” of calls by the government. And possibly to enable this, mobile operators are required to provide subscriber verification to the Telecom Enforcement, Resource and Monitoring (TERM) cells of the Department of Telecommunications.

In the case of Internet traffic, the LIM systems are deployed at the international gateways of large Internet Service Providers (ISPs) and expand to a broad search across all Internet traffic using “keywords” and “key-phrases”. In other words, security agencies using LIM systems are capable of launching a search for suspicious words, resulting in the indiscriminate monitoring of all Internet traffic, possibly without court oversight and without the knowledge of ISPs.

India has also automated and centralized the interception of communications through the Central Monitoring System (CMS). This project was initially envisioned in 2009, following the 2008 Mumbai terror attacks and was approved in 2011. The CMS intercepts all telecommunications in India and centrally stores the data in national and regional databases. The CMS will be connected with the Telephone Call Interception System (TCIS) which will help monitor voice calls, SMS and MMS, fax communications on landlines, CDMA, video calls, GSM and 3G networks. Agencies which will have access to the CMS include the Intelligence Bureau (IB), the Central Bureau of Investigation (CBI), the Directorate of Revenue Intelligence (DRI), the Research and Analysis Wing (RAW) and the National Investigation Agency (NIA).

Unlike mainstream interception, where service providers are required to intercept communications and provision interception requests to law enforcement agencies, the Central Monitoring System will automate the entire process of interception. This means that the CMS authority will have centralized access to all intercepted data and that the authority can also bypass service providers in gaining such access. Once security agencies have access to this data, they are equipped with Direct Electronic Provisioning, filters and alerts on the target numbers, as well as with Call Details Records (CDR) analysis and data mining tools to identify the personal information of target numbers.

Given that roughly 73% of India's population uses mobile phones, this means that the Central Monitoring System can potentially affect about 893 million people, more than double the population of the United States! However, how is it even possible for Indian authorities to mine the data of literally millions of people? Who supplies Indian authorities with the technology to do this and what type of technology is actually being used?

India's surveillance industry

India has the world's second largest population, consisting of more than a billion people and an expanding middle class. Undoubtedly, India is a big market and many international companies aspire in investing in the country. Unfortunately though, along with everything else being imported into India, surveillance technologies are no exception.

Some of the biggest and most notorious surveillance technology companies in the world, such as ZTE, Utimaco and Verint, have offices in India. Even FinFisher command and control servers have been found in India. However, in addition to allowing foreign surveillance technology companies to create offices and to sell their products and solutions in the country, local companies selling controversial spyware appear to be on the rise too.

Kommlabs Dezign is an Indian company which loves to show off its Internet monitoring solutions at various ISS trade shows, otherwise known as “the Wiretapper's Ball”. In particular, Kommlabs Dezign sells VerbaNET, an Internet Interception Solution, as well as VerbaCENTRE, which is a Unified Monitoring Centre that can even detect cognitive and emotional stress in voice calls and flag them! In other words, Kommlabs Dezign makes a point that not only should we worry about what we text and say over our phones, but that we should also worry about what we sound like when on the phone.

Vehere is another Indian company which sells various surveillance solutions and notably sells vCRIMES, which is a Call Details Records (CDR) analysis system. VCRIMES is used to analyse and gather intelligence and to unveil hidden interconnections and relations through communications. This system also includes a tool for detecting sleeper cells through advanced statistical analysis and can analyse more than 40 billion records in less than 3 seconds.

Paladion Networks is headquartered in Bangalore, India and sells various Internet Monitoring Systems, Telecom Operator Interception Systems, SSL Interception and Decryption Systems and Cyber Cafe Monitoring Systems to law enforcement agencies in India and abroad. In fact, Paladion Networks even states in its website that its customers include India's Ministry of Information Technology and the U.S Department of Justice.

ClearTrail Technologies is yet another Indian company which not only sponsors global surveillance trade shows but also sells a wide range of monitoring solutions to law enforcement agencies in India and abroad. ComTrail is a solution for the centralised mass interception and monitoring of voice and data networks, including Gmail, Yahoo, Hotmail, BlackBerry, ICQ and GSM voice calls. Furthermore, ComTrail is equipped to handle millions of communications per day, correlating identities across multiple networks, and can instantly analyse data across thousands of terabytes.

ClearTrail also sells xTrail, which is a solution for the targeted interception, decoding and analysis of data traffic over IP networks and which enables law enforcement agencies to intercept and monitor targeted communications without degrading the service quality of the IP network. Interestingly, xTrail can filter based on a “pure keyword”, a URL/Domain with a keyword, a mobile number or even with just a user identity, such as an email ID, chat ID or VoIP ID.

Apparently, some the biggest challenges that law enforcement agencies face when monitoring communications include cases when targets operate from public Internet networks and/or use encryption. However, it turns out that ClearTrail's QuickTrail solution is designed to gather intelligence from public Internet networks, when a target is operating from a cyber cafe, a hotel, a university campus or a free Wi-Fi zone. This device can remotely deploy spyware into a target's computer and supports protocol decoding, including HTTP, SMTP, POP3 and HTTPS.

Additionally, QuickTrail can identify a target machine on the basis of metadata, such as an IP address, and can monitor Ethernet LANs in real time, as well as monitor Gmail, Yahoo and all other HTTPS-based communications. ClearTrail's mTrail is designed for the passive 'off-the-air' interception of GSM communications, including the interception of targeted calls from pre-defined suspect lists and the monitoring of SMS and protocol information. MTrail also identifies a target's location by using signal strength, target numbers, such as IMSI, TIMSI, IMEI or MSI SDN, which makes it possible to listen to the conversation of so-called “lawfully intercepted” calls in near real-time.

In short, it looks like India is reaching the top league when it comes to surveillance technologies, especially since many of its companies and their products appear to be just as scary as some of the most sophisticated spying gear sold by the West. India may be the world's largest (by population) democracy, but that means that it has a huge population with way too many opinions...and apparently, the private and public sectors in India appear to be joining forces to do something about it.

So do Indians have nothing to hide?

A very popular rhetoric in both India and the west is that citizens should not be concerned about surveillance because, after all, if they are not terrorists, they should have nothing to hide. However, privacy advocate Caspar Bowden has rightfully stated that this rhetoric is fundamentally flawed and that we should all indeed “have something to hide”. But is privacy just about “having something to hide”? Jacob Appelbaum has stated that this rhetoric is merely a psychological copying mechanism when dealing with security.

It's probably rather comforting and reassuring to think that we are not special or important enough for surveillance to affect us personally. But is that really up to us to decide? Unfortunately not. The very point of data mining is to match patterns, create profiles of individuals and to unveil hidden interconnections and relations. A data analyst can uncover more information about us than what we are even aware of and it is they who decide if our data is “incriminating” or not. Or even worse: in many cases it's up to data mining software to decide how “special” or “important” we are. And unfortunately, technology is not infallible.

The world's largest democracy, which is also one of the most corrupt countries in the world, is implementing many controversial surveillance schemes which lack transparency, accountability and adequate legal backing, and which are largely being carried out in secret. And to make matters worse, India lacks privacy legislation. Over a billion people in a democratic regime are exposed to inadequately regulated surveillance schemes, while a local surveillance industry is thriving without any checks or balances whatsoever. What will this mean for the global future of democracy?

For more details visit https://cis-india.org/internet-governance/blog/big-democracy-big-surveillance-indias-surveillance-state

February 2014 Bulletin

praskrishna — 2014-04-07T07:27:46Z

The Centre for Internet and Society (CIS) welcomes you to the second issue of its newsletter (February) for the year 2014:

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Highlights
-------------------------------

We published revised chapters for the states of Mizoram, Dadra and Nagar Haveli, Himachal Pradesh and Haryana, as part of our National Resource Kit project.
In the concluding blog post of a three-part study Ananth Padmanabhan looks at the Indian law in the Copyright Act and the Information Technology Act, and concludes that both those laws restrain courts and private companies from ordering an ISP to block a website for copyright infringement.
Telugu Wikipedia celebrated its 10^th anniversary. An event was co-organized in Vijaywada to celebrate the same.
The second Institute on Internet and Society was held in Pune from February 11 to 17. The proceedings from the workshop are captured in a blog post.
CIS announced an Open Call for Comments for the latest draft of the Privacy Bill, 2013 prepared by Bhairav Acharya.
Forbes India published its “30 Under 30 List”. Pranesh Prakash is featured in the list.
As part of the Making Change Project, Denisse Albornoz wrote a blog post that compares the production behind a performance with the process of storytelling.
Beli gives an introduction to spectrum sharing. The post looks at GSM and CDMA, and touches upon LTE, and how they might share spectrum.

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Jobs
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CIS is seeking applications for the post of Program Officer (Access to Knowledge): http://bit.ly/1fnydB0. There are two vacancies for this post and it is full-time based in Delhi. To apply, please send your resume to Sunil Abraham (sunil@cis-india.org), Nirmita Narasimhan (nirmita@cis-india.org) and Pranesh Prakash (pranesh@cis-india.org) with three writing samples of which at least one demonstrates your analytic skills, and one that shows your ability to simplify complex policy issues.

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Accessibility and Inclusion
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As part of our project (under a grant from the Hans Foundation) on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India, we bring you draft chapters for the states of Mizoram, Dadra and Nagar Haveli, Himachal Pradesh and Haryana. With this we have completed compilation of draft chapters for 35 states.

Based upon discussion with the office of the Chief Commissioner for Persons with Disabilities (CCPD) the following chapters were revised:

► National Resource Kit Chapter

The Mizoram Chapter (by CLPR, February 5, 2014): http://bit.ly/1eUSvxW
The Dadra & Nagar Haveli Chapter (by CLPR, February 6, 2014): http://bit.ly/1mv3YhJ
The Haryana Chapter (by Anandhi Viswanathan, February 10, 2014): http://bit.ly/1dVOiKI
The Himachal Pradesh Chapter (by Anandhi Viswanathan, February 12, 2014): http://bit.ly/1jSk03x

► Other

# Participation in Events

National Consultation on Inclusion of Persons with Disabilities in Development Process (organized by CBM India in collaboration with United Nations Solution Exchange for Gender Community, WHO Regional office for South-East Asia, New Delhi, February 12, 2014). Anandhi Viswanathan participated in a panel discussion. She made a presentation on the National Resource Kit project: http://bit.ly/OlkHVq.
Zero Project Conference on Accessibility: Innovative Policies and Practices for Persons with Disabilities (organized by Essl Foundation, the World Future Council and the European Foundation Centre, United Nations Office, Vienna, February 27 and 28, 2014). Pranesh Prakash spoke on Affordable Text-to-Speech Software from India: http://bit.ly/1czo32s. Nominations on e-speak were recognised as examples of innovative practices and policies from India. Pranesh Prakash was also a speaker on Copyright Exception for Accessible Formats: http://bit.ly/1l8HRth.

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Access to Knowledge
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The Access to Knowledge programme addresses the harms caused to consumers and human rights, and critically examines Open Government Data, Open Access to Scholarly Literature, and Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software.

# Analyses

Can Judges Order ISPs to Block Websites for Copyright Infringement? (Part 2) (by Ananth Padmanabhan, February 5, 2014): http://bit.ly/1cddoKm. Analyses the law laid down by the U.S. Supreme Court and the Delhi High Court on secondary and contributory copyright infringement.
Can Judges Order ISPs to Block Websites for Copyright Infringement? (Part 3) (by Ananth Padmanabhan, February 5, 2014): http://bit.ly/1g35mDg. Analyses the Indian law in the Copyright Act and the Information Technology Act.

# Participation in Events

2nd International Conference on Managing Intellectual Property Rights and Strategy (MIPS 2014) (organized by Shailesh J. Mehta School of Management, IIT Bombay with support from the Ministry of Human Resources Development IPR Chair Project, Government of India): http://bit.ly/PsPEbq.
Consultation on Institutional Arrangements for IP management under MHRD (organized by the Planning Commission and Ministry of Human Resource Development, New Delhi, February 21, 2014). Nehaa Chaudhari participated in this consultation: http://bit.ly/1fTCoar.
National Conference on Use of Technology in Higher Education (organized by the Ministry of Human Resource and Development and Planning Commission in partnership with Microsoft Research and British Council, Indian Institute of Technology, Bombay, February 25, 2014): http://bit.ly/P6u78i. Nehaa Chaudhari participated in the event as a panelist in the session on "Future of Content Creation".

# Media Coverage

Pranesh Prakash: Influencing India's IP Laws (by Samar Srivastava, Forbes India, February 15, 2014): http://bit.ly/1kBzLMq.

The following has been done under grant from the Wikimedia Foundation (http://bit.ly/SPqFOl). As part this project (http://bit.ly/X80ELd), we organised 4 workshops in the month of January, published an article in DNA, and signed a memorandum of understanding with KIIT University and Kalinga Institute of Social Sciences to further the development of Odia Wikipedia:

►Wikipedia

# Articles / Blog Entries

Odia Language's Presence in Digital Media and Wikipedia's Role (by Subhashish Panigrahi, The Samaja, March 2, 2014): http://bit.ly/1ieF3sC.
Indian Wikimedia community coordinates Women’s History Month (by Netha Hussain and Jeph Paul, Wikimedia Foundation, March 6, 2014): http://bit.ly/1cyRfqf,

# Events Co-organized

Cinemathon2014 Bangalore (organized by Pad.ma and CIS-A2K, CIS, Bangalore, February 8-9, 2014): http://bit.ly/MRRkZz.
Tewiki 10th Anniversary (organized by CIS-A2K and Telugu Wikipedia community, February 15, 2014): http://bit.ly/1iI2Pxs. T. Vishnu Vardhan and Rahmanuddin Shaikh were speakers at the event.
Cinemathon2014 Mumbai (organized by Pad.ma and CIS-A2K, CAMP Studio, Mumbai, February 15-16, 2014): http://bit.ly/P5YGL8.
Wikipedia Mangalore Workshop (organized by Roshini Nilaya and CIS-A2K, Mangalore, February 26, 2014). Dr. U.B.Pavanaja gave a presentation on Wikipedia with a special focus on students and women.

CIS gave its inputs to the following media coverage:

# Media Coverage

Father-son duo promote Punjabi online (by Jatinder Preet, Sunday Guardian, February 1, 2014): http://bit.ly/1l87b2h.
୧୦ ବର୍ଷରେ ଓଡ଼ିଆ ୱିକିପିଡିଆ (Rabibara Sambad (Sunday supplement of Odia newspaper The Sambad), February 9, 2014): http://bit.ly/1igMynn. This is a feature about Odia Wikipedia's 10th anniversary and the story of a dead volunteer community reviving after 8 years.
Wikipedia Mangalore Workshop (Prajavani, February 27, 2014): http://bit.ly/1gVMG6f.

# Participation in Event

The Dynamics of Education to Employment Journey: Opportunities and Challenges (organized by KIIT School of Management, KIIT University, Bhubaneswar, February 21-22, 2014). T. Vishnu Vardhan gave a talk: http://bit.ly/1ePwqHc.

Event Organized

Wiki Women's Workshop (ICG – Dona Paula, Goa, March 9, 2014): http://bit.ly/MRRJLy. The event is being organized as part of the commemoration of the International Women's Day.

Openness

# Event Organised

Bitcoin & Open Source with Aaron Koenig (CIS, Bangalore, February 7, 2014): http://bit.ly/1fbN6mP.

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Internet Governance
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CIS is doing a project (under a grant from Privacy International and International Development Research Centre (IDRC)) on conducting research on surveillance and freedom of expression (SAFEGUARDS). So far we have organised seven privacy round-tables and drafted the Privacy (Protection) Bill. Gautam Bhatia gives an analysis of the right to privacy from a constitutional perspective. Bhairav Acharya prepared an updated version of the Privacy Protection Bill which was published for comments.

# Call for Comments

The Privacy Protection Bill, 2013 (by Bhairav Acharya, February 25, 2014): http://bit.ly/1g3TwIX. CIS announced an Open Call for Comments to the latest version of the bill.

# Articles

The Internet Way (by Nishant Shah, Biblio Vol. 19 No.8 (1&2), January – February 2014): http://bit.ly/1kBp9gJ. Dr. Nishant Shah's review of the book “The Everything Store: Jeff Bezos and the Age of Amazon” by Bantam Press/Random House Group, London can be found on page 16.
Surveillance and the Indian Constitution - Part 3: The Public/Private Distinction and the Supreme Court’s Wrong Turn (by Gautam Bhatia, Indian Constitutional Law and Philosophy Blog, February 25, 2014): http://bit.ly/1kBosnw. This was originally published on Indian Constitutional Law and Philosophy Blog.
Big Democracy, Big Surveillance: India's Surveillance State (by Maria Xynou, Open Democracy, February 28, 2014): http://bit.ly/1nkg8Ho.
Will You be Paid to Post a Picture? (by Nishant Shah, Indian Express, February 18, 2014): http://bit.ly/P65d8L.

# Blog Entries

February 11: The Day We Fight Back Against Mass Surveillance (by Divij Joshi, February 14, 2014): http://bit.ly/1e7drCV.
Calcutta High Court Strengthens Whistle Blower Protection (by Divij Joshi, February 24, 2014): http://bit.ly/1cG8v7t.
CIS Welcomes 52nd Report on Cyber Crime, Cyber Security, and Right to Privacy (by Elonnai Hickok, February 24, 2014): http://bit.ly/1oviMJ4.
UIDAI Practices and the Information Technology Act, Section 43A and Subsequent Rules (by Elonnai Hickok, February 25, 2014): http://bit.ly/1fbSfep.

# Events Organized

Nullcon Goa Feb 2014 — International Security Conference (organised by Nullcon, Bogmallo Beach Resort, Goa, February 12 – 15, 2014). CIS is one of the sponsors for this event: http://bit.ly/1lrBu5I.
Counter Surveillance Panel: DiscoTech & Hackathon (co-organized by CIS, MIT Centre for Civic Media Co-Design Lab, Tactical Technology Collective, Hackteria.org, and Shristi School of Art, Design and Technology, Bangalore, March 1, 2014): http://bit.ly/NCGMyH

# Participation in Events

First Meeting of the Multistakeholder Advisory Group for India Internet Governance Forum (organized by the Department of Electronics and Information Technology, New Delhi, February 10, 2014). Sunil Abraham participated in this meeting: http://bit.ly/1fKu5xz.
Internet Intermediary Liability: Towards Evidence-based Policy and Regulatory Reform to Secure Human Rights on the internet (organized by Association for Progressive Communications, The Wedgewood, Melville, Johannesburg, February 10-11, 2014): http://bit.ly/1fMAEK2. Elonnai Hickok was a speaker.
Towards an Equitable and Just Internet (organized by IT for Change, New Delhi, February 14-15, 2014). Bhairav Acharya was a speaker: http://bit.ly/1cz9EDt.
Workshop on Media Law & Policy Curriculum Development (organized by the Centre for Communication Governance, National Law University, Delhi and University of Oxford in support with the International Higher Education-Knowledge Economy Partnerships Programme of the British Council, February 16, 2014, National Law University, Delhi): http://bit.ly/1ovoT00. Bhairav Acharya was a speaker.
The Changing Role of the Media in India: Constitutional Perspectives (organized by School of Law, Christ University, February 28, 2014): http://bit.ly/1lB2nTO. Snehashish Ghosh moderated a session at this conference.

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News & Media Coverage
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CIS gave its inputs to the following recent media coverage:

The Dangers of Birdsong (by Namrata Joshi, Outlook, January 25, 2014): http://bit.ly/1kB8J7L.
A Tale of Two Internet Campaigns (by Deepa Kurup, The Hindu, February 11, 2014): http://bit.ly/1lDdRZy.
Dark days for the creative class in India: Siddiqui (by Haroon Siddiqui, thestar.com, February 16, 2014): http://bit.ly/1gdtgbC.
The Forbes India 30 Under 30 List (by Abhilasha Khaitan, Forbes India, February 21, 2014): http://bit.ly/1ovnvKM. Pranesh Prakash features in the list.
India ‘tea parties’ enable politicians to woo urban youth with technology (by Avantika Chilkoti, Financial Times, February 26, 2014): http://bit.ly/1cGfOMm.

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Digital Humanities
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CIS is building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia:

# Blog Entries

Defending the Humanities in the Digital Age (by Nishant Shah, DML Central, February 24, 2014): http://bit.ly/1czdZqg.
Digital Humanities in India- Mapping Changes at the Intersection of Youth, Technology and Higher Education (by Sneha PP, February 21, 2014): http://bit.ly/1qd6xo4.

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Digital Natives
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CIS is doing a research project titled “Making Change”. The project will explore new ways of defining, locating, and understanding change in network societies. Having the thought piece 'Whose Change is it Anyway' as an entry point for discussion and reflection, the project will feature profiles, interviews and responses of change-makers to questions around current mechanisms and practices of change in South Asia and South East Asia:

►Making Change Project

# Blog Entries

Storytelling as Performance: The Ugly Indian and Blank Noise 1 (by Denisse Albornoz, February 24, 2014): http://bit.ly/1jX4qBb.
Storytelling as Performance: The Ugly Indian and Blank Noise 2 (by Denisse Albornoz, February 27, 2014): http://bit.ly/1fKwQil.

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Telecom
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Shyam Ponappa, a Distinguished Fellow at CIS is a regular columnist with the Business Standard. The articles published on his blog Organizing India Blogspot is mirrored on our website:

# Newspaper Column

Centre- or State-Driven Development? (by Shyam Ponappa, Business Standard, February 5, 2014, Observer India Blogspot, February 7, 2014): http://bit.ly/1ceuWFS.

# Blog Entry

An Introduction to Spectrum Sharing (by Beli, February 24, 2014): http://bit.ly/NZlknd.

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Knowledge Repository on Internet Access
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CIS in partnership with the Ford Foundation is executing a project to create a knowledge repository on Internet and society. This repository will comprise content targeted primarily at civil society with a view to enabling their informed participation in the Indian Internet and ICT policy space. The repository is available at the Internet Institute website: http://bit.ly/1iQT2UB.

►Event Organized

Institute on Internet and Society (organised by Ford Foundation and CIS, Yashada, Pune, February 11-17, 2014): http://bit.ly/1fpTdDS. Bishakha Datta, Ravikiran Annaswamy, Kingsley John, Prof. G. Nagarjuna, Nisha Thompson, Prashant Naik, Nehaa Chaudhari, Bhairav Acharya, Manu Srivastav, Dr. Abhijeet Safai, Payal Malik, Nishant Shah, Laura Stein, Sunil Abraham, Madan Muthu and Chinmayi Arun taught at the institute.

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About CIS
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The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

► Follow us elsewhere

Twitter: https://twitter.com/CISA2K
Facebook group: https://www.facebook.com/cisa2k
Visit us at: https://meta.wikimedia.org/wiki/India_Access_To_Knowledge
E-mail: a2k@cis-india.org

► Support Us

Please help us defend consumer / 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, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org. To discuss collaborations on Indic language Wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org.

CIS is grateful to its donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, IDRC and 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.

For more details visit https://cis-india.org/about/newsletters/february-2014-bulletin

Future of Democracy

praskrishna — 2014-02-26T08:32:42Z

The Centre for Internet and Society (CIS) and Tactical Tech Collective invite you to a talk by Smari McCarthy at CIS office in Bangalore on Monday, March 3, 2014 at 6.30 p.m.

Smari McCarthy

Smari McCarthy is an information activist, free software developer and author. He has worked globally on issues of democratic participation, information security, access to information, civil liberties, and social and economic justice. He is a founder and a board member of the International Modern Media Institute (IMMI), founder of the Shadow Parliament Project, co-founder of the Icelandic Digital Freedoms Society, the Constitutional Analysis Support Project (CAST) and the Icelandic Pirate Party. He has worked on developing and spreading digital fabrication technology through Fab Labs and Hacker Spaces. As of August 2013, he lives in London where he works with Thoughtworks on decentralization of the Internet and counter surveillance measures for the public.

Click to download the brochure here

For more details visit https://cis-india.org/events/future-of-democracy

Smari McCarthy

praskrishna — 2014-02-26T08:30:08Z

For more details visit https://cis-india.org/openness/blog-old/smari-talk.pdf

Surveillance and the Indian Constitution - Part 3: The Public/Private Distinction and the Supreme Court’s Wrong Turn

pranesh — 2014-03-06T23:02:45Z

After its decision in Gobind, the Supreme Court's privacy floodgates opened; a series of claims involving private parties came before its docket, and the resulting jurisprudence ended up creating confusion between state-individual surveillance, and individual-individual surveillance.

Gautam Bhatia's blog post was originally published on Indian Constitutional Law and Philosophy Blog

We have seen that Gobind essentially crystallized a constitutional right to privacy as an aspect of personal liberty, to be infringed only by a narrowly-tailored law that served a compelling state interest. After the landmark decision in Gobind, Malak Singh v State of P&H was the next targeted-surveillance history-sheeter case to come before the Supreme Court. In that case, Rule 23 of the Punjab Police Rules was at issue. Its vires was not disputed, so the question was a direct matter of constitutionality. An order of surveillance was challenged by two individuals, on the ground that there were no reasonable bases for suspecting them of being repeat criminals, and that their inclusion in the surveillance register was politically motivated. After holding that entry into a surveillance sheet was a purely administrative measure, and thus required no prior hearing (audi alteram partem), the Court then embarked upon a lengthy disquisition about the scope and limitations of surveillance, which deserves to be reproduced in full:

“But all this does not mean that the police have a licence to enter the names of whoever they like (dislike?) in the surveillance register; nor can the surveillance be such as to squeeze the fundamental freedoms guaranteed to all citizens or to obstruct the free exercise and enjoyment of those freedoms; nor can the surveillance so intrude as to offend the dignity of the individual. Surveillance of persons who do not fall within the categories mentioned in Rule 23.4 or for reasons unconnected with the prevention of crime, or excessive surveillance falling beyond the limits prescribed by the rules, will entitle a citizen to the Court’s protection which the court will not hesitate to give. The very rules which prescribe the conditions for making entries in the surveillance register and the mode of surveillance appear to recognise the caution and care with which the police officers are required to proceed. The note following R. 23.4 is instructive. It enjoins a duty upon the police officer to construe the rule strictly and confine the entries in the surveillance register to the class of persons mentioned in the rule. Similarly R.23.7 demands that there should be no illegal interference in the guise of surveillance. Surveillance, therefore, has to be unobstrusive and within bounds. Ordinarily the names of persons with previous criminal record alone are entered in the surveillance register. They must be proclaimed offenders, previous convicts, or persons who have already been placed on security for good behaviour. In addition, names of persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not may be entered. It is only in the case of this category of persons that there may be occasion for abuse of the power of the police officer to make entries in the surveillance register. But, here, the entry can only be made by the order of the Superintendent of Police who is prohibited from delegating his authority under Rule 23.5. Further it is necessary that the Superintendent of Police must entertain a reasonable belief that persons whose names are to be entered in Part II are habitual offenders or receivers of stolen property. While it may not be necessary to supply the grounds of belief to the persons whose names are entered in the surveillance register it may become necessary in some cases to satisfy the Court when an entry is challenged that there are grounds to entertain such reasonable belief. In fact in the present case we sent for the relevant records and we have satisfied ourselves that there were sufficient grounds for the Superintendent of Police to entertain a reasonable belief. In the result we reject both the appeals subject to our observations regarding the mode of surveillance. There is no order as to costs.”

Three things emerge from this holding: first, the Court follows Gobind in locating the right to privacy within the philosophical concept of individual dignity, found in Article 21’s guarantee of personal liberty. Secondly, it follows Kharak Singh, Malkani and Gobind in insisting that the surveillance be targeted, limited to fulfilling the government’s crime-prevention objectives, and be limited – not even to suspected criminals, but – repeat offenders or serious criminals. And thirdly, it leaves open a role for the Court – that is, judicial review – in examining the grounds of surveillance, if challenged in a particular case.

After Malak Singh, there is another period of quiet. LIC v Manubhai D Shah, in 1993, attributed – wrongly – to Indian Express Newspapers the proposition that Article 19(1)(a)’s free expression right included privacy of communications (Indian Express itself had cited a UN Report without incorporating it into its holding).

Soon afterwards, R. Rajagopal v State of TN involved the question of the publication of a convicted criminal’s autobiography by a publishing house; Auto Shankar, the convict in question, had supposedly withdrawn his consent after agreeing to the book’s publication, but the publishing house was determined to go ahead with it. Technically, this wasn’t an Article 21 case: so much is made clear by the very manner in which the Court frames its issues: the question is whether a citizen of the country can prevent another person from writing his biography, or life story. (Paragraph 8) The Court itself made things clear when it held that the right of privacy has two aspects: the tortious aspect, which provides damages for a breach of individual privacy; and the constitutional aspect, which protects privacy against unlawful governmental intrusion. (Paragraph 9) Having made this distinction, the Court went on to cite a number of American cases that were precisely about the right to privacy against governmental intrusion, and therefore – ideally – irrelevant to the present case (Paras 13 – 16); and then, without quite explaining how it was using these cases – or whether they were relevant at all, it switched to examining the law of defamation (Para 17 onwards). It would be safe to conclude, therefore, in light of the clear distinctions that it made, the Court was concerned in R. Rajagopal about an action between private parties, and therefore, privacy in the context of tort law. It’s confusing observations, however, were to have rather unfortunate effects, as we shall see.

We now come to a series of curious cases involving privacy and medical law. In Mr X v Hospital Z, the question arose whether a Hospital that – in the context of a planned marriage – had disclosed the appellant’s HIV+ status, leading to his social ostracism – was in breach of his right to privacy. The Court cited Rajagopal, but unfortunately failed to understand it, and turned the question into one of the constitutional right to privacy, and not the private right. Why the Court turned an issue between two private parties – adequately covered by the tort of breach of confidentiality – into an Article 21 issue is anybody’s guess. Surely Article 21 – the right to life and personal liberty – is not horizontally applicable, because if it was, we might as well scrap the entire Indian Penal Code, which deals with exactly these kinds of issues – individuals violating each others’ rights to life and personal liberty. Nonetheless, the Court cited Kharak Singh, Gobind and Article 8 of the European Convention of Human Rights, further muddying the waters, because Article 8 – in contrast to American law – embodies a proportionality test for determining whether there has been an impermissible infringement of privacy. The Court then came up with the following observation:

“Where there is a clash of two Fundamental Rights, as in the instant case, namely, the appellant’s right to privacy as part of right to life and Ms. Akali’s right to lead a healthy life which is her Fundamental Right under Article 21, the RIGHT which would advance the public morality or public interest, would alone be enforced through the process of Court, for the reason that moral considerations cannot be kept at bay.”

With respect, this is utterly bizarre. If there is a clash of two rights, then that clash must be resolved by referring to the Constitution, and not to the Court’s opinion of what an amorphous, elastic, malleable, many-sizes-fit “public morality” says. The mischief caused by this decision, however, was replicated in Sharda v Dharmpal, decided by the Court in 2003. In that case, the question was whether the Court could require a party who had been accused of unsoundness of mind (as a ground for divorce under the wonderfully progressive Hindu Marriage Act) to undergo a medical examination – and draw an adverse inference if she refused. Again, whether this was a case in which Article 21 ought to be invoked is doubtful; at least, it is arguable, since it was the Court making the order. Predictably, the Court cited from Mr X v Hospital Z extensively. It cited Gobind (compelling State interest) and the ECHR (proportionality). It cited a series of cases involving custody of children, where various Courts had used a “balancing test” to determine whether the best interests of the child overrode the privacy interest exemplified by the client-patient privilege. It applied this balancing test to the case at hand by balancing the “right” of the petitioner to obtain a divorce for the spouse’s unsoundness of mind under the HMA, vis-à-vis the Respondent’s right to privacy.

In light of the above analysis, it is submitted that although the outcome in Mr X v Hospital Z and Sharda v Dharmpal might well be correct, the Supreme Court has misread what R. Rajagopal actually held, and its reasoning is deeply flawed. Neither of these cases are Article 21 cases: they are private tort cases between private parties, and ought to be analysed under private law, as Rajagopal itself was careful to point out. In private law, also, the balancing test makes perfect sense: there are a series of interests at stake, as the Court rightly understood, such as certain rights arising out of marriage, all of a private nature. In any event, whatever one might make of these judgments, one thing is clear: they are both logically and legally irrelevant to the Kharak Singh line of cases that we have been discussing, which are to do with the Article 21 right to privacy against the State.

For more details visit https://cis-india.org/internet-governance/blog/surveillance-and-the-indian-consitution-part-3

Open Call for Comments: The Privacy Protection Bill 2013 drafted by the Centre for Internet and Society

bhairav — 2014-02-25T05:38:27Z

The Centre for Internet and Society is announcing an Open Call for Comments to the CIS Privacy Protection Bill 2013.

In early 2013 the Centre for Internet and Society drafted the Privacy (Protection) Bill 2013 as a citizen’s version of privacy legislation for India. The Privacy (Protection) Bill, 2013 seeks to protect privacy by regulating (i) the manner in which personal data is collected, processed, stored, transferred and destroyed — both by private persons for commercial gain and by the state for the purpose of governance; (ii) the conditions upon which, and procedure for, interceptions of communications — both voice and data communications, including both data-in-motion and data-at-rest — may be conducted and the authorities permitted to exercise those powers; and, (iii) the manner in which forms of surveillance not amounting to interceptions of communications — including the collection of intelligence from humans, signals, geospatial sources, measurements and signatures, and financial sources — may be conducted.

The Centre for Internet and Society has been collecting comments to the Privacy Protection Bill since April 2013 with the intention of submitting the Bill to the Department of Personnel and Training as a citizen’s version of a privacy legislation for India. If you would like to submit comments on the Privacy Protection Bill to be included as part of the Centre for Internet and Society’s submission to the Department of Personnel and Training, please email comments to bhairav@cis-india.org.

Download the latest version of the Privacy Protection Bill (February 2014)

For more details visit https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-open-call-for-comments

CIS Welcomes 52nd Report on Cyber Crime, Cyber Security, and Right to Privacy

elonnai — 2014-02-24T10:49:46Z

The “Fifty Second Report on Cyber Crime, Cyber Security, and Right to Privacy” issued by the 2013 -2014 Standing Committee on Information Technology on February 12th 2014, highlights the urgent need for reform in India’s cyber security framework and the need for the much awaited privacy legislation to be finalized and made into a law.

Read the Fifty-Second Report on Cyber Crime, Cyber Security and Right to Privacy released by the Department of Electronics and Information Technology

The Report consists of questions on the state of cyber security, cyber crime, and privacy posed by the Standing Committee and briefings and evidence provided by the Department of Electronics and Information Technology (DEITY ) in reply. The Report concludes with recommendations from the Standing Committee on the way forward.

The Report represents an important step forward in the realm of privacy and cyber security in India as the evidence provided by DEITY clarifies a number of aspects of India’s present and upcoming cyber security policies and practices. Furthermore, the recommendations by the Standing Committee highlight present gaps and inadequacies in India’s policies and practices and needed steps forward– particularly the need for a privacy legislation in India in the context of cyber security, increased transactions of sensitive data, and governmental projects like the Unique Identification Project.

Broadly, the Standing Committee sought input from DEITY on eight different aspects of cyber crime, cyber security, and privacy in India - namely: the growing incidents of cyber crime and resulting financial loss, the challenges and constraints of cyber crime, the role of relevant governmental organizations in India with respect to cyber security, preparedness and policy initiatives, cyber security and the right to privacy, monitoring and grievance redressal mechanism, and education and awareness initiatives. The evidence provided by DEITY sheds light on the present mindset of the Government at this time, upcoming policies, and capacity and infrastructure gaps in India’s cyber security framework.

The Centre for Internet and Society appreciates the Report and we would like to highlight and emphasize the following aspects:

Need for a privacy legislation and inadequacy of privacy provisions in Information Technology Act: When asked by the Standing Committee about the right to privacy and cyber security, DEITY highlighted the fact that the Information Technology Act contains sufficient safeguards for privacy, and added that the Department of Personnel and Training (DoPT) is in the process of developing a privacy legislation that will address the general concerns of privacy in the country, and thus the two together will be sufficient. DEITY also noted that no study on the extent of privacy breach due to cyber crime in India has been conducted. In their recommendations, the Standing Committee noted that it was unhappy that the Government has yet to institute a legal framework on privacy, as the increased transfer of sensitive data and projects like the UID leave citizens vulnerable to privacy violations . Significantly, the Standing Committee recommended that though the DoPT is currently responsible for drafting the Privacy Bill, DEITY should coordinate with the DoPT and become involved in the process.

As recognized by the Standing Committee, the Centre for Internet and Society would like to further emphasize the inadequacy of the provisions relating to privacy in the Information Technology Act, and the need for a privacy legislation in India. Inadequate aspects of the provisions have been pointed out by a number of sources. For example:

The Report of the Group of Experts on Privacy: Prepared by the committee chaired by Justice AP Shah
First Analysis of the Personal Data Protection Law in India: Prepared by the University of Namur for the Commission of the European Communities Directorate General for Justice, Freedom, and Security
Comments on the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Prepared by the Centre for Internet and Society and submitted to the Committee on Subordinate Legislation of the 15th Lok Sabha
India’s U-Turns on Data Privacy: Prepared by Graham Greenleaf for the Privacy Laws & Business International Report, Issues 110 -114, 2011

Unclear Enforcement of 43A and associated rules: In evidence provided, DEITY, while discussing section 43A and the associated Rules, noted that the Data Security Council of India and empanelled security auditors through CERT-in are responsible for the ‘auditing of best practice’s (pg 24). The Standing Committee did not directly respond to this comment.

The Centre for Internet and Society would like to point out that DEITY did not clearly state that DSCI and the auditors through CERT-in were responsible for auditing organizational security practices for compliance with 43A. Furthermore, there is no publicly available information regarding audits ensuring compliance with 43A or information about the number of companies that have been found to be compliant. The Centre for Internet and Society would like to encourage that this information be made public, and compliance with 43A be enforced at the organizational level.

UIDAI not in compliance with 43A and associated Rules: In evidence provided, DEITY noted that “..Section 43A and the rules published under that Section cover the entire privacy in case of digital data. These are being followed by UIDAI also and other organisations...” (pg.46) In their recommendations the Standing Committee did not directly address this comment, but did emphasize the need for a privacy legislation in light of the UID scheme.

The Centre for Internet and Society appreciates that the Standing Committee raised concern about the privacy implications of the UID project. We would like to highlight that the UIDAI is not a Body Corporate, and is not in compliance with 43A or the subsequent Rules in the Information Technology Act. Furthermore, the UID project involves the handling and processing of data in analogue and digital formats, and thus the privacy protections found under 43A are not sufficient.

The potential harms of metadata: In evidence provided, the Department noted “...we have been assured that whatever data has been gathered by them for surveillance relates only to the metadata..but we expressed that any incursion into the content will not be tolerated and is not tolerable from the Indian stand and point of view.” (pg.47) The Standing Committee did not respond directly to this comment.

The Centre for Internet and Society would like to thank the Standing Committee for noting that the Government should have taken prior steps to preventing such an interception from taking place and for recommending the Department to take develop a policy to prevent future instances of interception from taking place. The Centre for Internet and Society would like to emphasize the importance and potential sensitive nature of metadata. Metadata can, and often does, disclose more about an individual or an activity than the actual content. For example, metadata can reveal identity, behaviour patterns, associations, and can enable the mapping of location and individual movement. As such, the Centre for Internet and Society would recommend that the Government of India treat access to all information generated by individual and governmental communications as sensitive and confidential.

Inadequacy of the Information Technology Act: When asked by the Standing Committee if the Information Technology Act provided sufficient legal safeguards for cyber security and cyber crime, DEITY highlighted the fact that the Information Technology Act 2000 addresses all aspects of cyber crime in a comprehensive manner. DEITY also pointed out that the National Cyber Security Policy 2013 has provisions to enable the development of a legal framework, and the Department of Personnel and Training is in the process of drafting a privacy legislation for India that will fill any gaps that exist. In their recommendations, the Standing Committee recognized that the Information Technology Act does contain provisions that address cyber security and cyber crime, but, especially in the recent controversy over section 66A of the Act, Standing Committee emphasized the need for periodical reviews of the IT Act.

The Centre for Internet and Society appreciates the fact that the Committee recognized the need for periodical review of the Information Technology Act, particularly in light of the controversy over 66 A. The Centre for Internet and Society would like to underscore the problems associated with 66A and would like to highlight that with regards to privacy and cyber security, the IT Act is not adequate and falls short in a number of areas. Research that the Centre for Internet and Society has conducted explaining these weaknesses can be found through the below links:

Breaking Down Section 66A of the IT Act
Short note on IT Amendment Act, 2008

Implications of domestic servers: In response to questions posed by the Standing Committee about security risks associated with the importation of electronics and IT products, as well as the hosting of servers outside the country, DEITY noted the security risk of using foreign infrastructure and pointed to the hosting of servers in India as a solution to protecting the security and privacy of Indian data. The Standing Committee supported this initiative, and encouraged DEITY to take further steps towards securing and protecting the privacy of Indian data through the hosting of servers for critical sectors within India.

The Centre for Internet and Society appreciates the fact that the Standing Committee carefully limited the recommendation of locating servers in India to those in critical sectors, but would caution the Government of potential implications on users ability to freely access content and services, and highlight the fact that localization of servers is not a security solution in itself as a comprehensive solution and hardening of critical assets against cyber attacks is essential.

Incorporation of safeguards into MOU’s for international cooperation: When asked about MOU’s for international cooperation that DEITY has engaged in with other countries, DEITY reported that currently CERT-in is entering into a number of MOU’s with other countries to facilitate cooperation for cyber security purposes. Presently there are MOUs with the US, Japan, South Korea, Mauritius, Kasakhstan, Finland, and the Canada Electronics and ICT sector. DEITY is also seeking MOUs with Malaysia, Israel, Egypt, Canada, and Brazil. The Standing Committee supported India entering into MOU’s for purposes of international cooperation, and encouraged DEITY to continue entering into MOU’s to mitigate jurisdictional complications when seeking to address issues related to cyber security.

The Centre for Internet and Society recognizes the importance of international cooperation when handling issues related to cyber security and cyber crime. To ensure that this process is in line with human rights, the Centre for Internet and Society would encourage DEITY to ensure that all MOU’s and/or Mutual Legal Assistance Agreements:

Uphold the principle of dual criminality
Apply the highest level of protection for individuals in the case where the laws of more than one state could apply to communications surveillance
Are not used by any party involved to circumvent domestic legal restrictions on communications surveillance.
Are clearly documented and publicly available
Contain provisions guaranteeing procedural fairness.[1]

Hactivism as a benefit to society: In evidence provided on page 14, DEITY, among other elements, referred to Hactivism as a societal challenge to securing cyber security and tackling cyber crime. The Standing Committee did not directly address this comment.

The Centre for Internet and Society would like to point out that hacktivism is a complex topic and consists of methods. Though some methods used by hacktivists are illegal, and some use hacktivism for censorship purposes and to target certain groups, other forms of hacktivism can benefit society and strengthen cyber security by finding and revealing vulnerabilities in a system, and bringing attention to illegal or violative practices.

This works towards ensuring that a system is adequately secure. Because of the dynamic nature of hacktivism, the Centre for Internet and Society believes that hacktivism needs to be evaluated on a case by case basis and the Government should not broadly label hacktivism as a challenge to cyber security and cyber crime.[2]

Importance of the anonymous speech: In evidence provided, DEITY noted the threat to cyber security that the anonymous nature of the internet posed. This was reiterated by the Standing Committee in their recommendations.

While recognizing the potential threat to cyber security that the anonymous nature of the internet can pose, the Centre for Internet and Society would like to highlight the importance of anonymous speech online to an individual’s right to free expression.

Conclusion

Recognizing the direct connection between a strong privacy framework and a strong cyber security framework, as security cannot be achieved without privacy, and recognizing the need for a privacy legislation in light of governmental projects like the UID, the Centre for Internet and Society welcomes the Fifty Second Report on Cyber Crime, Cyber Security, and the Right to Privacy and echoes the Standing Committees recommendation and emphasis on the need for a comprehensive privacy legislation to be passed in India.

[1]. These safeguards are reflected in the principle of “safeguards for International Cooperation” found in the International Principles on the Application of Human Rights to Communications Surveillance” https://en.necessaryandproportionate.org/text

[2]. For more information about hacktivism see: Activism, Hacktivism, and Cyberterrorism. The Internet as a Tool for Influencing Foreign Policy. By Dorothy E. Denning. Georgetown University. Available at: http://www.iwar.org.uk/cyberterror/resources/denning.htm

For more details visit https://cis-india.org/internet-governance/blog/cis-welcomes-fifty-second-report-on-cyber-crime-cyber-security-right-to-privacy

Counter Surveillance Panel: DiscoTech & Hackathon (Flyer)

praskrishna — 2014-02-24T21:29:51Z

For more details visit https://cis-india.org/internet-governance/blog/counter-surveillance.pdf

Counter Surveillance Panel: DiscoTech & Hackathon

praskrishna — 2014-02-28T05:36:15Z

We invite you to a Counter Surveillance DiscoTech and Hackathon at the Centre for Internet and Society in Bangalore on Saturday, March 1, 2014 (9.00 a.m. to 5.00 p.m.). The event is being co-organized by the Centre for Internet and Society in tandem with the MIT Centre for Civic Media Co-Design Lab, with support from members of Tactical Technology Collective, Hackteria.org and Srishti School of Art Design and Technology. Registrations begin at 9.00 a.m. The event shall close with a featured talk by renown information activist and maker lab innovator Smari McCarthy, titled "Privacy for Humanity" at 5.00 p.m.

Overview

Mirroring the call by MIT Civic Media Lab Co-Design Studio, this event brings together students, technologists, designers and citizens to explore counter-surveillance strategies. The event will be held simultaneously across various locations including Boston, Palestine, Lisbon and Buenos Aires. Click here for the definition of DiscoTech.(Discovering Technology)

Agenda

We shall begin with brief contextualized introductions catalyzed by researchers in the field of privacy & surveillance, followed by workshops and hackathons led by expert practitioners. Participants are welcome from diverse backgrounds looking to be involved in designing engaging and creative ways to counter surveillance. The event shall close with a featured talk by renown information activist and maker lab innovator Smari McCarthy , titled "Privacy for Humanity" at 5.00 p.m.

Introductory Catalyst Sessions

Malavika Jayaram: Fellow at Berkman Center for Internet and Society at Harvard University and the Centre for Internet and Society, Bangalore
Laird Brown: DesiSec Project at the Centre for Internet and Society, Bangalore and University of Toronto
Kaustubh Srikant: Head of Technology, Tactical Technology Collective and Maya Indira Ganesh (Program Director)
Abhay Raj Naik: Assistant Professor, Azim Premji University

Design and Hackathon Lead Catalysts

Yashas Shetty:Faculty@ www.srishti.ac.in and Co-Founder Hackteria.org (DNA Spoofing, Surveillance Camera: Avoidance, Microscopic Re-Appropriation & Bacterial Discotheque)

Hari Dilip Kumar: Co, Founder, FluxGen: (Introducing data transmission protocols, Software Defined Radio (SDR) design and surveillance detection )

Sharath Chandra Ram: Researcher @ CIS Open Lab and Faculty@Srishti (Civic Media solutions using open citizen networks and the web, spectrum scanning, visual communication design strategies, finger print mash-up publishing)

Featured Talk and Interactive Closing Session by Smari McCarthy

(Executive Director, International Modern Media Institute and Founder, Icelandic Pirate Party & Icelandic Digital Freedom Society)

Title of Talk: PRIVACY for HUMANITY - 5.00 p.m.

Click to download the flyer invite
Date: Saturday, March 1, 2014
Time: 9.00 a.m. to 5.00 p.m. (Registration 9.00 a.m. sharp)
Venue: Centre for Internet and Society, Bangalore
Map : http://bit.ly /1fcDDLG

Please RSVP due to limited space and logistics for lunch and refreshments

For more details visit https://cis-india.org/events/counter-surveillance-panel-disco-tech-hackathon

Will You be Paid to Post a Picture?

nishant — 2014-03-06T11:58:41Z

The wave of free information production on the web is on the wane.

The article was published in the Indian Express on February 18, 2014

The age of volunteerism is officially over. The last decade of the mass adoption of the internet has been fuelled by endless human hours being spent in producing information which is the new currency of our times. The big transition to Web 2.0 began when the individual “user” became more than either an individual or the user. The individual found herself as a part of a collective, finding a voice and a community of others to belong to. Simultaneously, instead of being a passive consumer of the web, the user started producing data — blogs, videos, tweets, content management systems, online discussion boards, massively multiple online role-playing platforms, social network transactions — all of which became a part of the new Web’s widespread popularity.

Almost everything that we understand as the social web today is contingent upon people producing data in their interactions with the world around them. From knowledge producing websites like Wikipedia to entertainment platforms like YouTube, visualisation and data gathering spaces like Pinterest to photographs of self, food and cute animals on Instagram, political and social commentaries on Tumblr to Listicles and memes on Buzzfeed, the internet is a veritable smorgasbord of new information forms, formats and functions that are generated by the users.

What is possibly the most exciting about this burgeoning information universe has been the amount of free labour that goes into it, and often remains invisible. As digital labour scholar Trebor Schulz points out, the internet has become both a factory and a playground, where our leisure time is capitalised into producing work that sustains the new attention and information economies. For instance, the world’s largest social networking site, Facebook, does not produce any of its contents. It is, in fact, a system of information mining and sorting, which works as long as a growing user base continues to produce information on it. Tomorrow, if all of us stop producing Facebook, and only lurk on it, the platform will collapse. Which is why, Facebook continues to acquire new platforms and applications to be integrated into its universe.

Similarly, the real effort that goes into the sustenance of sites like Wikipedia, which has become the de facto reference for global knowledge systems, is carried out by unsung and invisible editors who patiently, meticulously, and without almost any expectation, continue to add, verify, strengthen and curate reliable information that we can use. When the non-profit organisation WikiMedia Foundation prides itself in running one of the least expensive websites in the top 10 most visited sites in the world, it is signalling its deep appreciation for the countless human hours that have made Wikipedia possible.

But, in recent years, there is noticeable stagnation in the wave of free information production on the Web. Oh, don’t get me wrong. We are producing an unprecedented amount of data — we are constantly being watched by surveillance technologies that detect biometric and genetic make-up of all our transactions, or we are inviting people to watch us on social network sites where we reveal some of our deepest secrets and desires, or we are watching ourselves, quantifying everything from things we ate to the number of hours we sleep. And yet, as we live in a world of Big Data, there is a definite decrease in people contributing to production of free information.

As the digital natives move from the web to mobile phones, traditional websites are already facing a crisis. News and media agencies that have celebrated the global citizen media networks have started realising that the individual user is more interested in local networks and information ecologies which are independent of mainstream conglomerates. And people are realising that their time and effort is worth money. They can be easily compensated for their online activities and gain reputation and importance.

The tension only becomes more palpable when people start realising that there are others who are being paid to work on the platforms that they are contributing to. We all knew that this model of depending on free information was not a sustainable one. But it seems the day has arrived, especially with the recent drives on Wikipedia to build specialised knowledge editors. In the last few months, we have seen people in the FemTechNet project — an academic activist feminist project that seeks to remind us of the intersections of feminism and technology in network societies — carry out “Wikistorming”, where students are adding pages of women’s contribution to technologies on Wikipedia. More recently, medicine students at University of Chicago have taken to correcting and adding accurate information to Wikipedia, which is often a source of health information.

Both of these are fantastic efforts to add to the platform that was the underdog that overthrew the mammoth encyclopaedia like The Encyclopaedia Britannica. We hope more specialised users in different locations, fields, disciplines and languages continue to edit and contribute to Wikipedia. However, it is also a signal that the generalist information producer is on the decline. We are transitioning into a new age, where people are going to need rewards, incentives and benefits for performing information transactions on the web. The user is no longer going to be available for free labour, and it is time we started thinking of “paid usership”.

For more details visit https://cis-india.org/internet-governance/blog/indian-express-february-18-2014-nishant-shah-will-you-be-paid-to-post-a-picture

Dark days for the creative class in India: Siddiqui

praskrishna — 2014-02-17T09:14:43Z

As India’s literacy rate improves, governments, courts, media, publishers and big business are all stifling free speech.

Haroon Siddiqui's article was published in thestar.com on February 16, 2014. Pranesh Prakash is quoted.

In contrast to North America and Europe, India’s book publishers, newspapers and TV/radio stations are doing well, thanks to a rising literacy rate and a growing middle class. Authors, artists, journalists and filmmakers are enjoying big audiences and relatively good paycheques. Yet, paradoxically, free speech has never been so imperilled in the world’s largest democracy, for several reasons.

Governments are using colonial-era laws to stifle free speech. The lower courts and police are caving in to religious bigots who demand bans on what they don’t want to see and hear. Vigilante groups are using goon tactics to intimidate the creative class. Big business is slapping lawsuits and creating libel chill. Publishing houses are capitulating to legal, political and economic pressure. The media are too busy mollycoddling governments and advertisers to stand up for free speech.

Legal framework

The constitution guarantees free speech but, as in Canada and several European nations, it also imposes “reasonable restrictions” to maintain peace and public order. The Supreme Court has set a high bar for imposing any restrictions, yet both the federal and state governments routinely shut down anything that might flare communal riots, especially between Hindus and Muslims — a real and ever-present danger. Politicians don’t want blood on their hands to uphold the right of a preening writer to poke people in the eye. Critics counter that the political class doesn’t really care for intellectual freedom.

Libel and defamation laws criminalize speech and prescribe jail terms. This, again, is not much different than, say, the Canadian Criminal Code, under which those convicted of hate speech may be jailed for up to three years. (That’s what we are left with after the Stephen Harper Conservatives axed the civilian remedy that was available under the Human Rights Act.)

India’s Anti-Sedition Act prohibits words and actions that may cause “hatred or contempt or disaffection” toward government. This is used even against journalists, activists and those protesting government policies. As many as 6,000 farmers and fishermen were charged for opposing a nuclear plant along the southeast coast.

The Penal Code makes it an offence, punishable by up to three years in jail, to hurt anyone’s religious sensibilities; promote enmity between different religious groups; circulate “any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community feelings of enmity,” etc., etc.

Worse, the code allows anyone offended by anything to demand that the offensive material be removed.

Indians are easily offended, indeed are “desperate to be offended,” jokes novelist Manu Joseph. The milieu allows religious leaders and politicians to stoke real or imagined grievances and rush to the courts and the police, both of which usually cave in rather than risk the wrath of frenzied protesters.

“Instead of protecting the right of free expression, the state defends the offended,” writes Salil Tripathi on the website Index on Censorship.

Adds Kian Ganz, editor of the website Legally India: “Many of these British-colonial laws were written and enforced to ‘control’ a multi-ethnic and religious population. Yet they are still around and are regularly used to stifle free speech.”

Religious bigotry

While we hear mostly of angry Muslims taking offence to alleged insults to Islam — the 1988 ban on Salman Rushdie’s The Satanic Verses being the prime example — increasingly it is Hindu fundamentalists who have been agitating successfully against what they do not like.

“Hindu bigots have matched, or perhaps even outperformed, their Islamic counterparts,” writes Ramachandra Guha, India’s pre-eminent historian. He was condemning Penguin India’s decision last week to recall and pulp American academic Wendy Doniger’s The Hindus: an Alternative History, under pressure from a Hindu group that said the 2009 book contained “heresies” and was focused on “sex and eroticism.”

There has been no bigger victim of Hindu wrath than the late M.F. Hussain, the “Picasso of India.” His priceless work was vandalized, he was slapped with hundreds of lawsuits and threatened with death for painting Hindu deities in the nude. He went into exile in Doha, Qatar, where I spoke to him on the phone in 2011 and heard his pain at having been hounded out of his beloved India. We agreed to meet later but he died soon after, at age 95.

Last year, India’s leading intellectual Ashish Nandy was threatened with arrest for ostensibly offending Dalits (Hindus of a lower caste, formerly known as untouchables).

In 2012, Mumbai police arrested a young woman who complained on Facebook about the shutdown of the city of 18 million on the death of Bal Thackeray, leader of a chauvinist regional Hindu party. Another woman who “liked” the page was also detained,both for “hurting religious sentiments.”

In 2011, the western state of Gujarat stopped the sale of American journalist Joseph Lelyveld’s biography of Mahatma Gandhi, which suggested that the great leader may have had a sexual relationship with a male German architect. The chief minister (premier), Narendra Modi, is now the prime ministerial candidate of the Hindu nationalist Bharata Janata Party for federal elections in May, which he is favoured to win.

In 2010, Canadian author Rohinton Mistry’s 1995 book, A Fine Balance, was removed from the syllabus of Bombay University, his alma mater, following objections by a student, the grandson of Thackeray. The head of the university’s English Department had to go into hiding after receiving death threats.

In 2008, Delhi University expunged from its history course an essay by A.K. Ramanujam on Hinduism following complaints by a Hindu group, and Oxford University Press India temporarily stopped printing it.

Other examples:

In 2007, a court issued an arrest warrant for actor Richard Gere for kissing Bollywood actress Shilpa Shetty, following complaints by irate Hindus. An institute in the western city of Pune was vandalized because American academic James Laine had done part of his research there for his book, Shivaji: Hindu King in Islamic India. An art gallery in Bangalore hastily removed partially nude pictures of Hindu deities fearing retaliation by a Hindu moral squad.

Guha, the historian, once suggested that both Rushdie and Hussain, one pilloried by Muslims and the other by Hindus, be conferred India’s highest civilian honours. “That would have been a blow for artistic freedom. And it’d have equally offended Hindu and Islamic bigots.”

Libel chill

There has been a steady rise in what free speech advocates see as nuisance lawsuits by corporate houses, businessmen and political parties.

In December, Jitender Bhargava, executive director of Air India until 2010, saw his book on the national airline withdrawn by Bloomsbury India, allegedly under political pressure.

The same month, another book, Sahara: The Untold Story, on the controversial finance and real estate conglomerate, was held back under a court order.

In 2011, Penguin removed a chapter in The Beautiful and the Damned from its Indian edition after Arindam Chaudhuri, who runs business schools, sued about his profile in it. He also sued Caravan, a journal of politics and culture, for an article on how he had “made a fortune off the aspirations and insecurities of India’s middle class.” The Delhi-based businessman still has the Delhi-based magazine entangled in the case he filed in a jurisdiction 1,750 kilometres away — and 300 kilometres from the nearest airport.

Penguin also held back a biography of J. Jayalalithaa, chief minister of the southern state of Tamil Nadu, who had a stay order issued against it.

In 1998, a book about the head of a textile conglomerate, Dhirubhai Ambani, was not published in India after the publisher was threatened with lawsuits. A second edition of The Polyester Prince was issued in India but with the offending material cut out.

It is difficult for outsiders, especially without the benefit of reading the materials in dispute, to judge the timidity of the publishers. But there’s no questioning the creeping self-censorship.

Obeisant media

Vinod Jose, executive editor of Caravan, writes in its annual media issue:

“Media owners bargained with the government to secure lucrative licences to mine coal blocks in return for their power to influence the public. Editors got caught on tape striking deals with lobbyists but remained arrogantly unapologetic. Owners fired political editors who wrote about politics independently . . . Forbes India pulled a story because it irked the finance ministry.”

Jose said that in 2013, the year surveyed, “the dominant mood of the press was docility.” If in the 1950s and 1960s, the media served the state, now they serve big business. They have begun to expose government corruption but remain mostly mum on corporate malfeasance. The Times of India, the country’s largest English daily, takes equity in some companies it provides advertising space to.

State surveillance

India, like the United States and other democracies, is under heavy criticism for invasion of citizen privacy under sweeping state surveillance, especially by its eight intelligence agencies that operate under mostly secretive powers.

“The real problem is that we don’t know what powers they do have — we only know bits and pieces about the Centralised Monitoring System (CMS), from some tender documents that indicate that the government intends to track web usage, phone calls, text messages and map location information, apparently without the knowledge of even telecom operators,” says Nikhil Pahwa of MediaNama (Media Journal), a website that provides news and analysis of digital media. “The issue is even less obvious here than that of the NSA,” the National Security Agency in the United States.

“The rules give the Indian government the ability to gag free speech, and block any website it deems fit, without publicly disclosing why or who blocked it — or providing adequate recourse for getting the block removed.”

“Intelligence agencies are not answerable to parliament, only to the Home ministry,” says Anja Kovacs of the Centre for Internet and Society. There are few checks and balances, little or no civilian oversight.

“The Indian government’s centralized monitoring is chilling, given its reckless and irresponsible use of the sedition and Internet laws,” says Human Rights Watch. “New surveillance capabilities have been used . . . to target critics, journalists and human rights activists.”

“Every month at the federal level, 7,000 to 9,000 phone taps are authorized or re-authorized,” writes Pranesh Prakash, policy director for the Centre for Internet and Society.

Conclusion

It is useful to remember that whatever is true of India, the exact opposite may also be true. So, while the situation is getting bleaker on the free speech front, in India the state is not the sole culprit, unlike in Russia, China or other authoritarian places. India also has a vibrant civil society that’s hammering away — is free to hammer away — at the need for a liberal polity to be liberal. The intellectuals, activists and NGOs I have quoted, testify to that. Here’s another:

The PEN All-India Centre in Mumbai and the newly formed Delhi Pen, both part of the global network of writers dedicated to free speech, said this last week:

“The removal of books from our bookshops, bookshelves and libraries, whether through state-sanctioned censorship, private vigilante action or publisher capitulation are all egregious violations of free speech that we shall oppose in all forms at all times.”

For more details visit https://cis-india.org/news/the-star-op-ed-february-16-2014-haroon-siddiqui-dark-days-for-creative-class-in-india