Centre for Internet and Society

Sean McDonald - Ebola: A Big Data Disaster

sumandro — 2016-04-21T09:57:26Z

We are proud to initiate the CIS Papers series with a fascinating exploration of humanitarian use of big data and its discontents by Sean McDonald, FrontlineSMS, in the context of utilisation of Call Detail Records for public health response during the Ebola crisis in Liberia. The paper highlights the absence of a dialogue around the significant legal risks posed by the collection, use, and international transfer of personally identifiable data and humanitarian information, and the grey areas around assumptions of public good. The paper calls for a critical discussion around the experimental nature of data modeling in emergency response due to mismanagement of information has been largely emphasized to protect the contours of human rights.

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Download the paper: PDF.

Preface

This study titled “Ebola: A Big Data Disaster” by Sean Martin McDonald, undertaken with support from the Open Society Foundation, Ford Foundation, and Media Democracy Fund, explores the use of Big Data in the form of Call Detail Record (CDR) data in humanitarian crisis.

It discusses the challenges of digital humanitarian coordination in health emergencies like the Ebola outbreak in West Africa, and the marked tension in the debate around experimentation with humanitarian technologies and the impact on privacy. McDonald’s research focuses on the two primary legal and human rights frameworks, privacy and property, to question the impact of unregulated use of CDR’s on human rights. It also highlights how the diffusion of data science to the realm of international development constitutes a genuine opportunity to bring powerful new tools to fight crisis and emergencies.

Analysing the risks of using CDRs to perform migration analysis and contact tracing without user consent, as well as the application of big data to disease surveillance is an important entry point into the debate around use of Big Data for development and humanitarian aid. The paper also raises crucial questions of legal significance about the access to information, the limitation of data sharing, and the concept of proportionality in privacy invasion in the public good. These issues hold great relevance in today's time where big data and its emerging role for development, involving its actual and potential uses as well as harms is under consideration across the world.

The paper highlights the absence of a dialogue around the significant legal risks posed by the collection, use, and international transfer of personally identifiable data and humanitarian information, and the grey areas around assumptions of public good. The paper calls for a critical discussion around the experimental nature of data modelling in emergency response due to mismanagement of information has been largely emphasized to protect the contours of human rights.

This study offers an important perspective for us at the Centre for Internet and Society, and our works on Privacy, Big Data, and Big Data for Development, and very productively articulates the risks of adopting solutions to issues important for development without taking into consideration legal implications and the larger impact on human rights. We look forward to continue to critically engage with issues raised by Big Data in the context of human rights and sustainable development, and bring together diverse perspectives on these issues.

- Elonnai Hickok, Policy Director, the Centre for Internet and Society

CIS Papers

The CIS Papers series publishes open access monographs and discussion pieces that critically contribute to the debates on digital technologies and society. It includes publication of new findings and observations, of work-in-progress, and of critical review of existing materials. These may be authored by researchers at or affiliated to CIS, by external researchers and practitioners, or by a group of discussants. CIS offers editorial support to the selected monographs and discussion pieces. The views expressed, however, are of the authors' alone.

For more details visit https://cis-india.org/papers/ebola-a-big-data-disaster

Netizen Report: The EU Wrestles With Facebook Over Privacy

praskrishna — 2016-02-27T07:39:01Z

Global Voices Advocacy's Netizen Report offers an international snapshot of challenges, victories, and emerging trends in Internet rights around the world.

The blog post published in Global Voices on February 11, 2016 quotes Pranesh Prakash and Subhashish Panigrahi.

In the latest development in the negotiations between the United States and European Union over data transfer rules, Reuters reports France’s data protection authority gave Facebook three months to stop tracking non-users’ Web activity without their consent, and ordered Facebook to cease some transfers of personal data to the United States or face fines. In response, Facebook asserted it does not use the now-defunct Safe Harbor agreement to move data to the United States and instead has set up alternative legal structures to keep its data transfers in line with EU law. Despite this, Facebook was forced last year to stop tracking Belgian non-users after it was taken to court by the Belgian regulator. Last week, the United States and European Union agreed upon a new legal framework to replace Safe Harbor, but as it is not yet operational, several European data protection authorities are still deciding whether data transfers should be restricted.

Big Blow for Facebook’s Free Basics

Indian regulators officially banned “differential pricing”or discriminatory tariffs placed on data services depending on their content. This means that Internet users in India are guaranteed equal access to any website they want, regardless of how they connect to the Internet, ays Global Voices’ Subhashish Panigrahi. The decision is a particular blow to Facebook’s Free Basics application, which uses differential pricing mechanisms to make accessing Facebook, WhatsApp and a limited number of other websites free to users who do not pay for mobile data plans. Though Facebook promotes the program as a means to increasing digital access, it has come under backlash in India and a number of other countries. Internet policy expert Pranesh Prakash emphasizedthat though the ruling is a win for open access in India, these efforts must continue until India is truly and equally connected.

Google’s new scheme to combat online extremism

In an effort to combat groups like ISIS that recruit online, Google has launched apilot schemeto point users who search for extremist terms toward anti-radicalization links. It announced the new effort on February 2 at a meeting with the U.K. Home Affairs Select Committee on Countering Extremism. Representatives of Twitter and Facebook were also challenged by members of Parliament on their role in combatting the spread of terrorist material. Twitter announcedthat it had suspended 125,000 accounts associated with extremism since mid-2015 in response to pressure from the US government. However, as the New York Times’ Mike Isaac notes, “these companies must walk a fine line between bearing responsibility for their platforms and avoiding becoming the arbiter of what constitutes free speech.”

What’s going to happen to Ukraine’s database of ‘explicit content’?

The Ukrainian censorship body, National Expert Commission for Protection of Public Morality, dissolved last year, but its legacy lives on as a database of “explicit content” that no one in the government seems to know what to do with. The database includes a sizeable amount of content “containing elements of sexual nature and erotica,” but the commission was also well known for its attempt to ban Spongebob Squarepants, Shrek, and Teletubbies. Users have suggested the team responsible for dissolving the commission make the content more widely available, so they can see where taxpayers’ money went.

How to protect yourself from government hacking

Hacking human rights workers, journalists, and NGOs has become common practice for governments around the world, according to Amnesty International’s Morgan Marquis-Boire and Electronic Frontier Foundation’s Eva Galperin. In a post for Amnesty International, the two provide a brief history of government hacking and give suggestions for NGOs and human rights organizations to protect themselves.

Taking on Russia’s invasive surveillance

Two Russian Internet service providers are taking the Federal Security Service to court to challenge the surveillance system employed by Russian federal police to spy on Internet use. ISPs play a critical role in making surveillance possible, by installing expensive equipment that provides police access—making this case a significant affront to Russia’s invasive surveillance apparatus.

Telegram in Iran

Messaging app Telegram’s growing influence is being characterized as a major factor in the dissemination and spread of information leading up to Iran’s Feb. 26 parliamentary elections, but the platform’s susceptibility to state manipulation is also becoming more apparent. After the arrest of former BBC journalist Bahman Doroshafaei, the government took over his Telegram account and started to message his contacts. Some believe this was an effort to extract sensitive information or to distribute spyware. Fatemeh Shams, a friend of Doroshafaei, posted the following warning to her Facebook account:

Someone has been talking to me for two hours from Bahman's hacked Telegram account and now is chatting with my friends with my account..If anyone messaged you on Telegram [from my account] please ignore it. I've lost access to my account.

Mahsa Alimardani, Ellery Roberts Biddle, Hae-in Lim and Sarah Myers West contributed to this report.

For more details visit https://cis-india.org/internet-governance/news/global-voices-february-11-2016-netizen-report

World Trends in Freedom of Expression and Media Development

pranesh — 2016-02-17T16:41:28Z

For more details visit https://cis-india.org/internet-governance/blog/world-trends-in-freedom-of-expression-and-media-development

Internet Freedom

Sunil Abraham and Vidushi Marda — 2016-02-15T02:51:10Z

The modern medium of the web is an open-sourced, democratic world in which equality is an ideal, which is why what is most important is Internet freedom.

The article by Sunil Abraham and Vidushi Marda was published by Asian Age on February 14, 2016.

What would have gone wrong if India’s telecom regulator Trai had decided to support programmes like Facebook’s Free Basics and Airtel’s Zero Rating instead of issuing the regulation that prohibits discriminatory tariffs? Here are possible scenarios to look at in case the discriminatory tarrifs were allowed as they are in some countries.

Possible impact on elections

Facebook would have continued to amass its product — eyeballs. Indian eyeballs would be more valuable than others for three reasons 1. Facebook would have an additional layer of surveillance thanks to the Free Basics proxy server which stores the time, the site url and data transferred for all the other destinations featured in the walled garden 2. As part of Digital India, most government entities will set up Facebook pages and a majority of the interaction with citizens would happen on the social media rather than the websites of government entities and, consequently, Facebook would know what is and what is not working in governance 3. Given the financial disincentive to leave the walled garden, the surveillance would be total.

What would this mean for democracies? Eight years ago, Facebook began to engineer the News Feed to show more posts of a user’s friends voting in order to influence voting behavior. It introduced the “I’m Voting” button into 61 million users’ feeds during the 2010 US presidential elections to increase voter turnout and found that this kind of social pressure caused people to vote. Facebook has also admitted to populating feeds with posts from friends with similar political views. During the 2012 Presidential elections, Facebook was able to increase voter turnout by altering 1.9 million news feeds.

Indian eyeballs may not be that lucrative in terms of advertising. But these users are extremely valuable to political parties and others interested in influencing elections. Facebook’s notifications to users when their friends signed on to the “Support Free Basics” campaign was configured so that you were informed more often than with other campaigns. In other words, Facebook is not just another player on their platform. Given that margins are often slim, would Facebook be tempted to try and install a government of its choice in India during the 2019 general elections?

In times of disasters

Most people defending Free Basics and defending forbearance as the regulatory response in 2015/16 make the argument that “95 per cent of Internet users in developing countries spend 95 per cent of their time on Facebook”.

This is not too far from the truth as LirneAsia demonstrated in 2012 with most people using Facebook in Indonesia not even knowing they were using the internet. In other words, they argue that regulators should ignore the fringe user and fringe usage and only focus on the mainstream. The cognitive bias they are appealing to is smaller numbers are less important.

Since all the sublime analogies in the Net Neutrality debate have been taken, forgive us for using the scatological. That is the same as arguing that since we spend only 5% of our day in toilets, only 5% of our home’s real estate should be devoted to them.

Everyone agrees that it is far easier to live in a house without a bedroom than a house without a toilet. Even extremely low probabilities or ‘Black Swan’ events can be terribly important! Imagine you are an Indian at the bottom of the pyramid. You cannot afford to pay for data on your phone and, as a result, you rarely and nervously stray out of the walled garden of Free Basics.

During a natural disaster you are able to use the Facebook Safety Check feature to mark yourself safe but the volunteers who are organising both offline and online rescue efforts are using a wider variety of platforms, tools and technologies.

Since you are unfamiliar with the rest of the Internet, you are ill equipped when you try to organise a rescue for you and your loved ones.

Content and carriage converge

Some people argue that TRAI should have stayed off the issue since the Competition Commission of India (CCI) is sufficient to tackle Net Neutrality harms. However it is unclear if predatory pricing by Reliance, which has only 9% market share, will cross the competition law threshold for market dominance? Interestingly, just before the Trai notification, the Ambani brothers signed a spectrum sharing pact and they have been sharing optic fibre since 2013.

Will a content sharing pact follow these carriage pacts? As media diversity researcher, Alam Srinivas, notes “If their plans succeed, their media empires will span across genres such as print, broadcasting, radio and digital. They will own the distribution chains such as cable, direct-to-home (DTH), optic fibre (terrestrial and undersea), telecom towers and multiplexes.”

What does this convergence vision of the Ambani brothers mean for media diversity in India? In the absence of net neutrality regulation could they use their dominance in broadcast media to reduce choice on the Internet? Could they use a non-neutral provisioning of the Internet to increase their dominance in broadcast media? When a single wire or the very same radio spectrum delivers radio, TV, games and Internet to your home — what under competition law will be considered a substitutable product? What would be the relevant market? At the Centre for Internet and Society (CI S), we argue that competition law principles with lower threshold should be applied to networked infrastructure through infrastructure specific non-discrimination regulations like the one that Trai just notified to protect digital media diversity.

Was an absolute prohibition the best response for TRAI? With only two possible exemptions — i.e. closed communication network and emergencies - the regulation is very clear and brief. However, as our colleague Pranesh Prakash has said, TRAI has over regulated and used a sledgehammer where a scalpel would have sufficed. In CIS’ official submission, we had recommended a series of tests in order to determine whether a particular type of zero rating should be allowed or forbidden. That test may be legally sophisticated; but as TRAI argues it is clear and simple rules that result in regulatory equity. A possible alternative to a complicated multi-part legal test is the leaky walled garden proposal. Remember, it is only in the case of very dangerous technologies where the harms are large scale and irreversible and an absolute prohibition based on the precautionary principle is merited.

However, as far as network neutrality harms go, it may be sufficient to insist that for every MB that is consumed within Free Basics, Reliance be mandated to provide a data top up of 3MB.

This would have three advantages. One, it would be easy to articulate in a brief regulation and therefore reduce the possibility of litigation. Two, it is easy for the consumer who is harmed to monitor the mitigation measure and last, based on empirical data, the regulator could increase or decrease the proportion of the mitigation measure.

This is an example of what Prof Christopher T. Marsden calls positive, forward-looking network neutrality regulation. Positive in the sense that instead of prohibitions and punitive measures, the emphasis is on obligations and forward-looking in the sense that no new technology and business model should be prohibited.

What is Net neutrality?

According to this principle, all service providers and governments should not discriminate between various data on the internet and consider all as one. They cannot give preference to one set of apps/ websites while restricting others.

2006: TRAI invites opinions regarding the regulation of net neutrality from various telecom industry bodies and stakeholdersFeb. 2012: Sunil Bharti Mittal, CEO of Bharti Airtel, suggests services like YouTube should pay an interconnect charge to network operators, saying that if telecom operators are building highways for data then there should be a tax on the highway
July 2012: Bharti Airtel’s Jagbir Singh suggests large Internet companies like Facebook and Google should share revenues with telecom companies.
August 2012: Data from M-Lab said You Broadband, Airtel, BSNL were throttling traffic of P2P services like BitTorrent
Feb. 2013: Killi Kiruparani, Minister for state for communications and technology says government will look into legality of VoIP services like Skype
June 2013: Airtel starts offering select Google services to cellular broadband users for free, fixing a ceiling of 1GB on the data
Feb. 2014: Airtel operations CEO Gopal Vittal says companies offering free messaging apps like Skype and WhatsApp should be regulated
August 2014: TRAI rejects proposal from telecom companies to make messaging application firms share part of their revenue with the carriers/government
Nov. 2014: Trai begins investigation on Airtel implementing preferential access with special packs for WhatsApp and Facebook at rates lower than standard data rates
Dec. 2014: Airtel launches 2G, 3G data packs with VoIP data excluded in the pack, later launches VoIP pack.
Feb. 2015: Facebook launches Internet.org with Reliance communications, aiming to provide free access to 38 websites through single app
March 2015: Trai publishes consultation paper on regulatory framework for over the top services, explaining what net neutrality in India will mean and its impact, invited public feedback
April 2015: Airtel launches Airtel Zero, a scheme where apps sign up with airtle to get their content displayed free across the network. Flipkart, which was in talks for the scheme, had to pull out after users started giving it poor rating after hearing about the news
April 2015: Ravi Shankar Prasad, Communication and information technology minister announces formation of a committee to study net neutrality issues in the country
23 April 2015: Many organisations under Free Software Movement of India protested in various parts of the country. In a counter measure, Cellular Operators Association of India launches campaign , saying its aim is to connect the unconnected citizens, demanding VoIP apps be treated as cellular operators
27 April 2015: Trai releases names and email addresses of users who responded to the consultation paper in millions. Anonymous India group, take down Trai’s website in retaliation, which the government could not confirm
Sept. 2015: Facebook rebrands Internet.org as Free Basics, launches in the country with massive ads across major newspapers in the country. Faces huge backlash from public
Feb. 2016: Trai rules in favour of net neutrality, barring telecom operators from charging different rates for data services.

The writers work at the Centre for Internet and Society, Bengaluru. CIS receives about $200,000 a year from WMF, the organisation behind Wikipedia, a site featured in Free Basics and zero-rated by many access providers across the world

For more details visit https://cis-india.org/internet-governance/blog/asian-age-february-14-2016-sunil-abraham-vidushi-marda-internet-freedom

Concept Note: UNICEF & Nasscom Foundation Workshop on Child Online Protection

praskrishna — 2016-02-14T10:16:34Z

For more details visit https://cis-india.org/internet-governance/blog/concept-note-unicef-nasscom-foundation-workshop-on-child-online-protection

Database on Big Data and Smart Cities International Standards

vanya — 2016-02-11T15:49:45Z

The Centre for Internet and Society is in the process of mapping international standards specifically around Big Data, IoT and Smart Cities. Here is a living document containing a database of some of these key globally accepted standards.

1. International Organisation for Standardization: ISO/IEC JTC 1 Working group on Big Data (WG 9 )

● Background

- The International Organization for Standardization /International Electrotechnical Commission (ISO/IEC) Joint Technical Committee (JTC) 1, Information Technology announced the creation of a Working Group (WG) focused on standardization in connection with big data.

- JTC 1 is the standards development environment where experts come together to develop worldwide standards on Information and Communication Technology (ICT) for integrating diverse and complex ICT technologies.^{^[1]}

- The American National Standards Institute (ANSI) holds the secretariat to JTC 1 and the ANSI-accredited U.S. Technical Advisory Group (TAG) Administrator to JTC 1 is theInterNational Committee for Information Technology Standards (INCITS) ^{^[2]}, an ANSI member and accredited standards developer (ASD). InterNational Committee for Information Technology standards (INCITS) is a technical committee on Big Data to serve as the US Technical Advisory Group (TAG) to JTC 1/WG 9 on Big Data/ pending approval of a New Work Item Proposal (NWIP). The INCITS/Big Data will address standardization in the areas assigned to JTC 1/WG 9. ^{^[3]}

- Under U.S. leadership, WG 9 on Big Data will serve as the focus of JTC 1's big data standardization program.

● Objective

- To identify standardization gaps.

- Develop foundational standards for Big Data.

- Develop and maintain liaisons with all relevant JTC 1 entities

- Grow the awareness of and encourage engagement in JTC 1 Big Data standardization efforts within JTC 1. ^{^[4]}

● Status

- JTC 1 appoints Mr. Wo Chang to serve as Convenor of the JTC 1 Working Group on Big Data.

- The WG has set up a Study Group on Big Data.

2. International Organisation for Standardization: ISO/IEC JTC 1 Study group on Big Data

● Background

- The ISO/IEC JTC1 Study Group on Big Data (JTC1 SGBD) was created by Resolution 27 at the November, 2013 JTC1 Plenary at the request of the USA and other national bodies for consideration of Big Data activities across all of JTC 1.

- A Study Group (SG) is an ISO mechanism by which the convener of a Working Group (WG) under a sub-committee appoints a smaller group of experts to do focused work in a specific area to identify a clear group to focus attention on a major area and expand the manpower of the committee.

- The goal of an SG is to create a proposal suitable for consideration by the whole WG, and it is the WG that will then decide whether and how to progress the work.^{^[5]}

● Objective

JTC 1 establishes a Study Group on Big Data for consideration of Big Data

activities across all of JTC 1 with the following objectives:

- Mapping the existing landscape: Map existing ICT landscape for key technologies and relevant standards /models/studies /use cases and scenarios for Big Data from JTC 1, ISO, IEC and other standards setting organizations,

- Identify key terms : Identify key terms and definitions commonly used in the area of Big Data,

- Assess status of big data standardization : Assess the current status of Big Data standardization market requirements, identify standards gaps, and propose standardization priorities to serve as a basis for future JTC 1 work, and

- Provide a report with recommendations and other potential deliverables to the 2014 JTC 1 Plenary. ^{^[6]}

● Current Status

- The study group released a preliminary report in the year 2014, which can be accessed here : http://www.iso.org/iso/big_data_report-jtc1.pdf.

3. The National Institute of Standards and Technology Big Data Interoperability Framework :

● Background

- NIST is leading the development of a Big Data Technology Roadmap which aims to define and prioritize requirements for interoperability, portability, reusability, and extensibility for big data analytic techniques and technology infrastructure to support secure and effective adoption of Big Data.

- To help develop the ideas in the Big Data Technology Roadmap, NIST is creating the Public Working Group for Big Data which Released Seven Volumes of Big Data Interoperability Framework on September 16, 2015.^{^[7]}

● Objective

- To advance progress in Big Data, the NIST Big Data Public Working Group (NBD-PWG) is working to develop consensus on important, fundamental concepts related to Big Data.

● Status

- The results are reported in the NIST Big Data Interoperability Framework series of volumes. Under the framework, seven volumes have been released by NIST, available here:

http://bigdatawg.nist.gov/V1_output_docs.php

4. IEEE Standards Association

● Background:

- The IEEE Standards Association introduced a number of standards

related to big-data applications.

● Status:

The following standard is under development:

- IEEE P2413

"IEEE Standard for an Architectural Framework for the Internet of Things (IoT)" defines the relationships among devices used in industries, including transportation and health care. It also provides a blueprint for data privacy, protection, safety, and security, as well as a means to document and mitigate architecture divergence.^{^[8]}

5. ITU

● Background:

- The International Telecommunications Union (ITU) has announced its first standards for big data services, entitled 'Recommendation ITU-T Y.3600 "Big data - cloud computing based requirements and capabilities"', recognizing the need for strong technical standards considering the growth of big data to ensure that processing tools are able to achieve powerful results in the areas of collection, analysis, visualization, and more.^{^[9]}

● Objective:

- Recommendation Y.3600 provides requirements, capabilities and use cases of

cloud computing based big data as well as its system context. Cloud computing

based big data provides the capabilities to collect, store, analyze, visualize and

manage varieties of large volume datasets, which cannot be rapidly transferred

and analysed using traditional technologies.^{^[10]}

- It also outlines how cloud computing systems can be leveraged to provide big-data services.

● Status:

- The standard was relseased in the year 2015 and is avaiabe here: http://www.itu.int/rec/T-REC-Y.3600-201511-I .

Smart cities

1. ISO Standards on Smart Cities

● Background:

- ISO, the International Organization for Standardization, established a strategic advisory group in 2014 for smart cities, comprised of a wide range of international experts to advise ISO on how to coordinate current and future Smart City standardization activities, in cooperation with other international standards organizations, to benefit the market.^{^[11]}

- Seven countries, China, Germany, UK, France, Japan, Korea and USA, are currently involved in the research.

● Objective:

- The main aims of which are to formulate a definition of a Smart City

- Identify current and future ISO standards projects relating to Smart Cities

- Examine involvement of potential stakeholders, city requirements, potential interface problems. ^{^[12]}

● Status:

- ISO/TC 268, which is focused on sustainable development in communities, has one working group developing city indicators and other developing metrics for smart community infrastructures. In early 2016 this committee will be joined by another - IEC - systems committee. The first standard produced by ISO/TC 268 is ISO/TR 37150:2014.

- ISO/TR 37150:2014 Smart community infrastructures -- Review of existing activities relevant to metrics: this standard provides a review of existing activities relevant to metrics for smart community infrastructures. The concept of smartness is addressed in terms of performance relevant to technologically implementable solutions, in accordance with sustainable development and resilience of communities, as defined in ISO/TC 268. ISO/TR 37150:2014 addresses community infrastructures such as energy, water, transportation, waste and information and communications technology (ICT). It focuses on the technical aspects of existing activities which have been published, implemented or discussed. Economic, political or societal aspects are not analyzed in ISO/TR 37150:2014.^{^[13]}

- ISO 37120:2014 provides city leaders and citizens a set of clearly defined city performance indicators and a standard approach for measuring each. Though some indicators will be more helpful for cities than others, cities can now consistently apply these indicators and accurately benchmark their city services and quality of life against other cities.^{^[14]} This new international standard was developed using the framework of the Global City Indicators Facility (GCIF) that has been extensively tested by more than 255 cities worldwide. This is a demand-led standard, driven and created by cities, for cities. ISO 37120 defines and establishes definitions and methodologies for a set of indicators to steer and measure the performance of city services and quality of life. The standard includes a comprehensive set of 100 indicators - of which 46 are core - that measures a city's social, economic, and environmental performance. ^{^[15]}

The GCIF global network, supports the newly constituted World Council on City Data - a sister organization of the GCI/GCIF - which allows for independent, third party verification of ISO 37120 data.^{^[16]}

- ISO/TS 37151 and ISO/TR 37152 Smart community infrastructures -- Common framework for development & operation: outlines 14 categories of basic community needs (from the perspective of residents, city managers and the environment) to measure the performance of smart community infrastructures. These are typical community infrastructures like energy, water, transportation, waste and information and communication technology systems, which have been optimized with sustainable development and resilience in mind. ^{^[17]} The committee responsible for this document is ISO/TC 268, Sustainable development in communities, Subcommittee SC 1, Smart community infrastructures. The objective is to develop international consensus on a harmonised metrics to evaluate the smartness of key urban infrastructure.^{^[18]}

- ISO 37101 Sustainable development of communities -- Management systems -- Requirements with guidance for resilience and smartness : By setting out requirements and guidance to attain sustainability with the support of methods and tools including smartness and resilience, it can help communities improve in a number of areas such as: Developing holistic and integrated approaches instead of working in silos (which can hinder sustainability), Fostering social and environmental changes, Improving health and wellbeing, Encouraging responsible resource use and Achieving better governance. ^{^[19]} The objective is to develop a Management System Requirements Standard reflecting consensus on an integrated, cross-sector approach drawing on existing standards and best practices.

- ISO 37102 Sustainable development & resilience of communities - Vocabulary . The objective is to establish a common set of terms and definitions for standardization in sustainable development, resilience and smartness in communities, cities and territories since there is pressing need for harmonization and clarification. This would provide a common language for all interested parties and stakeholders at the national, regional and international levels and would lead to improved ability to conduct benchmarks and to share experiences and best practices.

- ISO/TR 37121 Inventory & review of existing indicators on sustainable development & resilience in cities : A common set of indicators useable by every city in the world and covering most issues related to sustainability, resilience and quality of life in cities. ^{^[20]}

- ISO/TR 12859:2009 gives general guidelines to developers of intelligent transport systems (ITS) standards and systems on data privacy aspects and associated legislative requirements for the development and revision of ITS standards and systems. ^{^[21]}

2. International Organisation for Standardization: ISO/IEC JTC 1 Working group on Smart Cities (WG 11 )

● Background:

- Serve as the focus of and proponent for JTC 1's Smart Cities standardization program and works for development of foundational standards for the use of ICT in Smart Cities - including the Smart City ICT Reference Framework and an Upper Level Ontology for Smart Cities - for guiding Smart Cities efforts throughout JTC 1 upon which other standards can be developed.^{^[22]}

● Objective:

- To develop a set of ICT related indicators for Smart Cities in collaboration with ISO/TC 268.

- Identify JTC 1 (and other organization) subgroups developing standards and related material that contribute to Smart Cities.

- Grow the awareness of, and encourage engagement in, JTC 1 Smart Cities standardization efforts within JTC 1.

● Status

- Ms Yuan Yuan is the Convenor of this Working group.

- The purpose was to provide a report with recommendations to the JTC 1 Plenary in the year 2014, to which a preliminary report was submitted. ^{^[23]}

3. International Organisation for Standardization: ISO/IEC JTC 1 Study Group (SG1) on Smart Cities

● Background:

- The Study Group (SG) - Smart Cities was established in 2013^{^[24]} SG 1 will explicitly consider the work going on in the following committees: ISO/TMB/AG on Smart Cities, IEC/SEG 1, ITU-T/FG SSC and ISO/TC 268. ^{^[25]}

● Objective :

- To examine the needs and potentials for standardization in this area.

● Status:

- SG 1 is paying particular attention to monitoring cloud computing activities, which it sees as the key element of the Smart Cities infrastructure. DIN's Information Technology and Selected IT Applications Standards Committee (NIA (www.nia.din.de)) is formally responsible for ISO/IEC JTC1 /SG 1, but an autonomous national mirror committee on Smart Cities does not yet exist and the work is being overseen by DIN's Smart Grid steering body. ^{^[26]}

- A preliminary report has been released in the 2014, available here- http://www.iso.org/iso/smart_cities_report-jtc1.pdf

4. ITU

● Background:

- ITU members have established an ITU-T Study Group titled "ITU-T Study Group 20: IoT and its applications, including smart cities and communities" ^{^[27]}

- ITU-T has also established a Focus Group on Smart Sustainable Cities (FG-SSC).

● Objective:

- The study group will address the standardization requirements of Internet of Things (IoT) technologies, with an initial focus on IoT applications in smart cities.

- The focus group shall assess the standardization requirements of cities aiming to boost their social, economic and environmental sustainability through the integration of information and communication technologies (ICTs) in their infrastructures and operations.

- The Focus Group will act as an open platform for smart-city stakeholders - such as municipalities; academic and research institutes; non-governmental organizations (NGOs); and ICT organizations, industry forums and consortia - to exchange knowledge in the interests of identifying the standardized frameworks needed to support the integration of ICT services in smart cities.^{^[28]}

● Status:

- The study group will develop standards that leverage IoT technologies to address urban-development challenges.

- The FG-SSC concluded its work in May 2015 by approving 21 Technical Specifications and Reports. ^{^[29]}

- So far, ITU-T SG 5 FG-SSC has issued the following reports- Technical report "An overview of smart sustainable cities and the role of information and communication technologies", Technical report "Smart sustainable cities: an analysis of definitions", Technical report "Electromagnetic field (EMF) considerations in smart sustainable cities", Technical specifications "Overview of key performance indicators in smart sustainable cities", Technical report "Smart water management in cities".^{^[30]}

5. PRIPARE Project :

● Background:

- The 7001 - PRIPARE Smart City Strategy is to to ensure that ICT solutions integrated in EIP smart cities will be compliant with future privacy regulation.

- PRIPARE aims to develop a privacy and security-by-design software and systems engineering methodology, using the combined expertise of the research community and taking into account multiple viewpoints (advocacy, legal, engineering, business).

● Objective:

- The mission of PRIPARE is to facilitate the application of a privacy and security-by-design methodology that will contribute to the advent of unhindered usage of Internet against disruptions, censorship and surveillance, support its practice by the ICT research community to prepare for industry practice and foster risk management culture through educational material targeted to a diversity of stakeholders.

● Status:

- Liaison is currently on-going so that it becomes a standard (OASIS and ISO).^{^[31]}

6. BSI-UK

● Background:

- In the UK, the British Standards Institution (BSI) has been commissioned by the UK Department of Business, Innovation and Skills (BIS) to conceive a Smart Cities Standards Strategy to identify vectors of smart city development where standards are needed.

- The standards would be developed through a consensus-driven process under the BSI to ensure good practise is shared between all the actors. ^{^[32]}

● Objective:

The BIS launched the City's Standards Institute to bring together cities and key

industry leaders and innovators :

- To work together in identifying the challenges facing cities,

- Providing solutions to common problems, and

- Defining the future of smart city standards.^{^[33]}

● Status:

The following standards and publications help address various issues for a city to

become a smart city:

- The development of a standard on Smart city terminology (PAS 180)

- The development of a Smart city framework standard (PAS 181)

- The development of a Data concept model for smart cities (PAS 182)

- A Smart city overview document (PD 8100)

- A Smart city planning guidelines document (PD 8101)

- BS 8904 Guidance for community sustainable development provides a decision-making framework that will help setting objectives in response to the needs and aspirations of city stakeholders

- BS 11000 Collaborative relationship management

- BSI BIP 2228:2013 Inclusive urban design - A guide to creating accessible public spaces.

7. Spain

● Background:

- AENOR, the Spanish standards developing organization (SDO), has issued two new standards on smart cities: the UNE 178303 and UNE-ISO 37120. These standards joined the already published UNE 178301.

● Objective:

- The texts, prepared by the Technical Committee of Standardization of AENOR on Smart Cities (AEN / CTN 178) and sponsored by the SETSI (Secretary of State for Telecommunications and Information Society of the Ministry of Industry, Energy and Tourism), aim to encourage the development of a new model of urban services management based on efficiency and sustainability.

● Status:

Some of the standards that have been developed are:

- UNE 178301 on Open Data evaluates the maturity of open data created or held by the public sector so that its reuse is provided in the field of Smart Cities.

- UNE 178303 establishes the requirements for proper management of municipal assets.

- UNE-ISO 37120 which collects the international urban sustainability indicators.

- Following the publication of these standards, 12 other draft standards on Smart Cities have just been made public, most of them corresponding to public services such as water, electricity and telecommunications, and multiservice city networks. ^{^[34]}

8. China

● Background:

Several national standardization committees and consortia have started

standardization work on Smart Cities, including:

- China National IT Standardization TC (NITS),

- China National CT Standardization TC,

- China National Intelligent Transportation System Standardization TC,

- China National TC on Digital Technique of Intelligent Building and Residence Community of Standardization Administration, China Strategic Alliance of Smart City Industrial Technology Innovation^{^[35]}

● Objective:

- In the year 2014, all the ministries involved in building smart cities in China joined with the Standardization Administration of China to create working groups whose job is to manage and standardize smart city development, though their activities have not been publicized. ^{^[36]}

● Status:

- China will continue to promote international standards in building smart cities and improve the competitiveness of its related industries in global market.

- Also, China's Standardization Administration has joined hands with National Development and Reform Commission, Ministry of Housing and Urban-Rural Development and Ministry of Industry and Information Technology in establishing and implementing standards for smart cities.

- When building smart cities, the country will adhere to the ISO 37120 and by the year 2020, China will establish 50 national standards on smart cities. ^{^[37]}

9. Germany

● Background :

- Member of European Innovation Partnership (EIP) for Smart Cities and Communities DKE (German Commission for Electrical, Electronic & Information Technologies) and DIN (GermanInstitute for Standardization) have developed a joint roadmap and Smart Cities recommendations for action in Germany.

● Objective:

- Its purpose is to highlight the need for standards and to serve as a strategic template for national and international standardization work in the field of smart city technology.

- The Standardization Roadmap highlights the main activities required to create smart cities. ^{^[38]}

● Status:

- An updated version of the standardization roadmap was released in the year 2015. ^{^[39]}

10. Poland

● Background:

- A coordination group on Smart and Sustainable Cities and Communities (SSCC) was set up in the beginning of 2014 to monitor any national standardization activities.

● Objective:

- It was decided to put forward a proposal to form a group at the Polish Committee for Standardization (PKN) providing recommendations for smart sustainable city standardization in Poland.

● Status:

It has two thematic groups:

- GT 1-2 on terminology and Technical Bodies in PKN Its scope covers a collection of English terms and their Polish equivalents related to smart and sustainable development of cities and communities to allow better communication among various smart city stakeholders. This includes the preparation of the list of Technical Bodies (OT) in PKN involved in standardization activities related to specific aspects of smart and sustainable local development and making proposals concerning the allocation of standardization works to the relevant OT in PKN.

- GT 3 for gathering information and the development and implementation of a work programme Its scope includes identifying stakeholders in Poland, and gathering information on any national "smart city" initiatives having an impact on environment-friendly development, sustainability, and liveability of a city. The group is also tasked with developing a work programme for GZ 1 based on identified priorities for Poland. Finally, its aim is to conduct communication and dissemination of activities to make the results of GZ 1 visible. ^{^[40]}

11. Europe

● Background:

- In 2012, the European standardization organizations CEN and CENELEC founded the Smart and Sustainable Cities and Communities Coordination Group (SSCC-CG), which is a Coordination Group established to coordinate standardization activities and foster collaboration around standardization work. ^{^[41]}

● Objective:

- The aim of the CEN-CENELEC-ETSI (SSCC-CG) is to coordinate and promote European standardization activities relating to Smart Cities and to advise the CEN and CENELEC (Technical) and ETSI Boards on standardization activities in the field of Smart and Sustainable Cities and Communities.

- The scope of the SSCC-CG is to advise on European interests and needs relating to standardization on Smart and Sustainable cities and communities.

● Status:

- Originally conceived to be completed by the end of 2014, SSCC-CG's mandate has been extended by the European standards organizations CEN, CENELEC and ETSI by a further two years and will run until the end of 2016.^{^[42]}

- The SSCC-CG does not develop standards, but reports directly to the management boards of the standardization organizations and plays an advisory role. Current members of the SSCC.CG include representatives of the relevant technical committees, the CEN/CENELEC secretariat, the European Commission, the European associations and the national standardization organizations.^{^[43]}

- CEN/CENELEC/ETSI Joint Working Group on Standards for Smart Grids: The aim of this document is to provide a strategic report which outlines the standardization requirements for implementing the European vision of smart grids, especially taking into account the initiatives by the Smart Grids Task Force of the European Commission. It provides an overview of standards, current activities, fields of action, international cooperation and strategic recommendations^{^[44]}

12. Singapore

● Background:

- In the year 2015, SPRING Singapore, the Infocomm Development Authority of Singapore (IDA) and the Information Technology Standards Committee (ITSC), under the purview of the Singapore Standards Council (SSC), have laid out an Internet of Things (IoT) Standards Outline in support of Singapore's Smart Nation initiative.

● Objective:

- Realising importance of standards in laying the foundation for the nation empowered by big data, analytics technology and sensor networks in light of Singapore's vision of becoming a Smart Nation.

● Status:

Three types of standards - sensor network standards, IoT foundational standards and domain-specific standards - have been identified under the IoT Standards Outline. Singapore actively participates in the ISO Technical Committee (TC) working on smart city standards.^{^[45]}

^{^[1]} ISO/IEC JTC 1, Information Technology, http://www.iso.org/iso/jtc1_home.html

^{^[2]} The InterNational Committee for Information Technology Standards, JTC 1 Working Group on Big Data, http://www.incits.org/committees/big-data

^{^[3]} ISO/IEC JTC 1 Forms Two Working Groups on Big Data and Internet of Things, 27th January 2015, https://www.ansi.org/news_publications/news_story.aspx?menuid=7&articleid=5b101d27-47b5-4540-bca3-657314402591

^{^[4]} JTC 1 November 2014 Resolution 28 - Establishment of a Working Group on Big Data, and Call for Participation, 20th January 2015, http://jtc1sc32.org/doc/N2601-2650/32N2625-J1N12445_JTC1_Big_Data-call_for_participation.pdf

^{^[5]} SD-3: Study Group Organizational Information, https://isocpp.org/std/standing-documents/sd-3-study-group-organizational-information

^{^[6]} ISO/IEC JTC 1 Study Group on Big Data (BD-SG), http://jtc1bigdatasg.nist.gov/home.php

^{^[7]} NIST Released V1.0 Seven Volumes of Big Data Interoperability Framework (September 16, 2015),http://bigdatawg.nist.gov/home.php

^{^[8]} Standards That Support Big Data, Monica Rozenfeld, 8th September 2014, http://theinstitute.ieee.org/benefits/standards/standards-that-support-big-data

^{^[9]} ITU releases first ever big data standards, Madolyn Smith, 21st December 2015, http://datadrivenjournalism.net/news_and_analysis/itu_releases_first_ever_big_data_standards#sthash.m3FBt63D.dpuf

^{^[10]} ITU-T Y.3600 (11/2015) Big data - Cloud computing based requirements and capabilities, http://www.itu.int/itu-t/recommendations/rec.aspx?rec=12584

^{^[11]} ISO Strategic Advisory Group on Smart Cities - Demand-side survey, March 2015, http://www.platform31.nl/uploads/media_item/media_item/41/62/Toelichting_ISO_Smart_cities_Survey-1429540845.pdf

^{^[12]} The German Standardization Roadmap Smart City Version 1.1, May 2015, https://www.vde.com/en/dke/std/documents/nr_smartcity_en_v1.1.pdf

^{^[13]} ISO/TR 37150:2014 Smart community infrastructures -- Review of existing activities relevant to metrics, http://www.iso.org/iso/catalogue_detail?csnumber=62564

^{^[14]} Dissecting ISO 37120: Why this new smart city standard is good news for cities, 30th July 2014, http://smartcitiescouncil.com/article/dissecting-iso-37120-why-new-smart-city-standard-good-news-cities

^{^[15]} World Council for City Data, http://www.dataforcities.org/wccd/

^{^[16]} Global City Indicators Facility, http://www.cityindicators.org/

^{^[17]} How to measure the performance of smart cities, Maria Lazarte, 5th October 2015

http://www.iso.org/iso/home/news_index/news_archive/news.htm?refid=Ref2001

^{^[18]} http://iet.jrc.ec.europa.eu/energyefficiency/sites/energyefficiency/files/files/documents/events/slideslairoctober2014.pdf

^{^[19]} A standard for improving communities reaches final stage, Clare Naden, 12th February 2015,

http://www.iso.org/iso/news.htm?refid=Ref1932

^{^[20]} http://iet.jrc.ec.europa.eu/energyefficiency/sites/energyefficiency/files/files/documents/events/slideslairoctober2014.pdf

^{^[21]} ISO/TR 12859:2009 Intelligent transport systems -- System architecture -- Privacy aspects in ITS standards and systems, http://www.iso.org/iso/catalogue_detail.htm?csnumber=52052

^{^[22]} ISO/IEC JTC 1 Information technology, WG 11 Smart Cities, http://www.iec.ch/dyn/www/f?p=103:14:0::::FSP_ORG_ID,FSP_LANG_ID:12973,25

^{^[23]} Work of ISO/IEC JTC1 Smart Ci4es Study group , https://interact.innovateuk.org/documents/3158891/17680585/2+JTC1+Smart+Cities+Group/e639c7f6-4354-4184-99bf-31abc87b5760

^{^[24]} JTC1 SAC - Meeting 13 , February 2015, http://www.finance.gov.au/blog/2015/08/05/jtc1-sac-meeting-13-february-2015/

^{^[25]} The German Standardization Roadmap Smart City Version 1.1, May 2015, https://www.vde.com/en/dke/std/documents/nr_smartcity_en_v1.1.pdf

^{^[26]} The German Standardization Roadmap Smart City Version 1.1, May 2015, https://www.vde.com/en/dke/std/documents/nr_smartcity_en_v1.1.pdf

^{^[27]} ITU standards to integrate Internet of Things in Smart Cities, 10th June 2015, https://www.itu.int/net/pressoffice/press_releases/2015/22.aspx

^{^[28]} ITU-T Focus Group Smart Sustainable Cities, https://www.itu.int/dms_pub/itu-t/oth/0b/04/T0B0400004F2C01PDFE.pdf

^{^[29]} Focus Group on Smart Sustainable Cities, http://www.itu.int/en/ITU-T/focusgroups/ssc/Pages/default.aspx

^{^[30]} The German Standardization Roadmap Smart City Version 1.1, May 2015, https://www.vde.com/en/dke/std/documents/nr_smartcity_en_v1.1.pdf

^{^[31]} 7001 - PRIPARE Smart City Strategy, https://eu-smartcities.eu/commitment/7001

^{^[32]} Financing Tomorrow's Cities: How Standards Can Support the Development of Smart Cities, http://www.longfinance.net/groups7/viewdiscussion/72-financing-financing-tomorrow-s-cities-how-standards-can-support-the-development-of-smart-cities.html?groupid=3

^{^[33]} BSI-Smart Cities, http://www.bsigroup.com/en-GB/smart-cities/

^{^[34]} New Set of Smart Cities Standards in Spain, https://eu-smartcities.eu/content/new-set-smart-cities-standards-spain

^{^[35]} Technical Report, M2M & ICT Enablement in Smart Cities, Telecommunication Engineering Centre, Department of Telecommunications, Ministry of Communications and Information Technology, Government of India, November 2015, http://tec.gov.in/pdf/M2M/ICT%20deployment%20and%20strategies%20for%20%20Smart%20Cities.pdf

^{^[36]} Smart City Development in China, Don Johnson, 17th June 2014, http://www.chinabusinessreview.com/smart-city-development-in-china/

^{^[37]} China to continue develop standards on smart cities, 17th December 2015, http://www.chinadaily.com.cn/world/2015wic/2015-12/17/content_22732897.htm

^{^[38]} The German Standardization Roadmap Smart City, April 2014, https://www.dke.de/de/std/documents/nr_smart%20city_en_version%201.0.pdf

^{^[39]} This version of the Smart City Standardization Roadmap, Version 1.1, is an incremental revision of Version 1.0. In Version 1.1, a special focus is placed on giving an overview of current standardization activities and interim results, thus illustrating German ambitions in this area.

^{^[40]} SSCC-CG Final report Smart and Sustainable Cities and Communities Coordination Group, January 2015, https://www.etsi.org/images/files/SSCC-CG_Final_Report-recommendations_Jan_2015.pdf

^{^[41]} Orchestrating infrastructure for sustainable Smart Cities , http://www.iec.ch/whitepaper/pdf/iecWP-smartcities-LR-en.pdf

^{^[42]} Urbanization- Why do we need standardization?, http://www.din.de/en/innovation-and-research/smart-cities-en

^{^[43]} CEN-CENELEC-ETSI Coordination Group 'Smart and Sustainable Cities and Communities' (SSCC-CG), http://www.cencenelec.eu/standards/Sectors/SmartLiving/smartcities/Pages/SSCC-CG.aspx

^{^[44]} Final report of the CEN/CENELEC/ETSI Joint Working Group on Standards for Smart Grids, https://www.etsi.org/WebSite/document/Report_CENCLCETSI_Standards_Smart%20Grids.pdf

^{^[45]} SPRING Singapore Supported Close to 600 Companies in Standards Adoption, and Service Excellence Projects , 12th August 2015, http://www.spring.gov.sg/NewsEvents/PR/Pages/Internet-of-Things-(IoT)-Standards-Outline-to-Support-Smart-Nation-Initiative-Unveiled-20150812.aspx

For more details visit https://cis-india.org/internet-governance/blog/database-on-big-data-and-smart-cities-international-standards

January 2016 Bulletin

praskrishna — 2016-02-05T14:47:28Z

The Centre for Internet and Society (CIS) is happy to share the January 2016 issue of its newsletter.

Previous issues of the newsletters can be accessed at http://cis-india.org/about/newsletters.

Highlights
CIS in collaboration with the Office of the Chief Commissioner for Persons with Disabilities, Department of Disability Affairs, Ministry of Social Justice & Empowerment, Government of India compiled the National Compendium of Laws, Policies, Programmes for Persons with Disabilities. Prasanna Kumar Pincha, Chief Commissioner for Persons with Disabilities wrote the Foreword for the Compendium. The Patent Office had put the Guidelines on Computer Related Inventions, 2015 in abeyance last month. This step was taken after several stakeholders including CIS made representations to the Office about serious substantive legal issues in the document. The Controller General of Patents Design Trademarks invited submissions from stakeholders on specific examples on exclusions from patentability under section 3(k) of the Patents Act, 1970, for possible incorporation in the Guidelines for Examination of Computer Related Inventions. CIS made its submissions. Rahmanuddin Shaik conducted an analysis of the growth of Odia Wikipedia and Konkani Wikipedia from a perspective based on Wikimedia statistics for the July to December 2015 period. The findings have been recorded in two separate blog entries. Nehaa Chaudhari made a presentation during the Global IP Congress held last month on the Curious Case of the CCI: Competition Law and SEP Regulation in India which discussed mobile phone patent litigation in India with competition law issues. Rohini Lakshané made a presentation on Patent landscaping in the sub-$100 mobile device market in India at the Global IP Congress. Anubha Sinha made a presentation on IP in Mobile Applications Development in India that discussed IP rights in mobile apps during the Global IP Congress. The Ministry of Finance held pre-budget consultations with different stakeholder groups in connection with the Union Budget 2016-17. CIS was invited to take part in the consultation for the IT (hardware and software) group organised on January 07, 2016, and submit a suggestion note. The submission was prepared and presented by Sumandro Chattapadhyay with contributions from Rohini Lakshané, Anubha Sinha and other members of CIS. CIS gave its comments on the failures of Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) draft proposal as well as the processes that it has followed. Tanvi Mani gave an analysis of Big Data in the Global South. She pointed out that appropriate analysis of the Big Data generated would provide a valuable insight into the key areas and inform policy makers with respect to important decisions. Eight key privacy events in India in the year 2015: August 11, 2015 order on Aadhaar not being compulsory; No Right to Privacy - Attorney General to SC; Shreya Singhal judgment and Section 69A, IT Act; Circulation and recall of Draft Encryption Policy; Privacy concerns raised about Digital India; Issues with Human DNA Profiling Bill, 2015; Impact of the Schrems ruling on India; and The definition of "unfair trade practices" in the Consumer Protection Bill, 2015 has been summarized in a blog entry by Amber Sinha. In an article published in the Deccan Herald on January 3, 2016, Sunil Abraham argued that "Internet" is not a human right in most jurisdictions in light of a survey conducted by Facebook which declared that Internet is a human right and Free Basics can help bring Internet to all of India. The first Internet Researchers' Conference (IRC16), organised around the theme of 'studying internet in India,' will be held on February 26-28, 2016, at the Jawaharlal Nehru University (JNU), Delhi. CSCS Digital Innovation Fund (CDIF) is supporting the event. A consultation on 'digital futures of Indian languages' was held at the CIS office in Bangalore on December 12, 2015, to generate ideas and structure the Indian languages focus area of CDIF. The programme was led by Dr. Tejaswini Niranjana and Tanveer Hasan. The participants shared their digital Indian language experience at the meeting.

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

►National Compendium

Note: This project with the Hans Foundation got over last year. We published the Compendium recently.

National Compendium of Laws, Policies, Programmes for Persons with Disabilities (Office of the Chief Commissioner for Persons with Disabilities, Department of Disability Affairs, Ministry of Social Justice & Empowerment, Government of India and CIS; January 3, 2016).

►Miscellaneous

News and Media Coverage

Global Charter: Promoting Global Digital Inclusion through ICT Procurement Policies & Accessibility Standards (G3ict; January 3, 2016). CIS was a signatory to this initiative.

-----------------------------------
Access to Knowledge
-----------------------------------
As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Pervasive Technologies

Event Organized

The 4^th Global Congress 2015 was held in New Delhi from December 15 to 17, 2015. Pervasive Technologies team from CIS made the following presentations during the event:

Nehaa Chaudhari: The Curious Case of the CCI: Competition Law and SEP Regulation in India
Amba Uttara Kak and Maggie Huang: Rethinking Music Copyright Management in the Age of Digital Distribution: Business Models, Licensing Practices and Copyright Institutions in India
Rohini Lakshané: Patent Landscaping in the sub-$100 Mobile Device Market in India
Anubha Sinha: IP in Mobile Applications Development in India

Blog Entries

The following blog entries published last year and the year before were recently updated:

Litigation without injunction is a toothless tiger: Ericsson (Rohini Lakshané; January 15, 2016)
Joining the Dots in India's Big-Ticket Mobile Phone Patent Litigation (Rohini Lakshané; May 31, 2015). Last updated on January 21, 2016.
Literature Survey: Patent Landscaping in the Indian Marketplace (Rohini Lakshané; December 31, 2014). Last updated on January 22, 2016.

►Copyright and Patent

Submission

Examples of Excluded Patentable subject-matter under Section 3(k) for incorporation in the yet-to-be-released Guidelines for Computer Related Inventions (Anubha Sinha; January 28, 2016). You may view the Guidelines here. To read the letter sent to the PMO, click here. To read CIS' analysis of the Guidelines, click here.

Blog Entries

Job Michael Mathew was an intern at CIS. He conducted a series of interviews as a lead up to the Global Congress. All these posts were published on Global Congress website and mirrored on CIS website recently. Mathew conducted interviews withMichael Geist,Zakir Thomas,Susan K. Sell,Shamnad Basheer, and Jayashree Watal.

Intellectual Property Rights & TRIPS: An Overview (Job Michael Mathew; December 12, 2015).

Participation in Events

3rd Expert Committee Meeting on reference of secretary, MHRD on representation of Internet and Mobile Association of India (Organized by the Ministry of Information & Broadcasting; New Delhi; January 11, 2016). Anubha Sinha and Nehaa Chaudhari attended the meeting.
Guidelines for Examination of Computer Related Inventions (CRIs) (Organized by the Office of The Controller General, Patents, Designs & Trade Marks; Mumbai; January 12, 2016). Anubha Sinha attended the meeting.

►Wikipedia

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

Articles

କେତେ ମାଗଣା "ଫ୍ରି ବେସିକ୍ସ (Subhashish Panigrahi; Samaja; January 4, 2016). Sunil Abraham and Pranesh Prakash gave inputs.
ବ୍ୟବହାରୀଙ୍କ ପାଇଁ ନିରାପତ୍ତା ଓ ଗୋପନୀୟତାର କୋକୁଆ ଆଣିବ ଫେସବୁକର ଫ୍ରି ବେସିକ୍ସ (Subhashish Panigrahi; Your Story; January 5, 2016).
ଓଡ଼ିଆ ଉଇକିପାଠାଗାର: ଓଡ଼ିଆରେ ଡିଜିଟାଲ ପାଠାଗାର ଆନ୍ଦୋଳନର ନୂଆ ମୁହଁ (Subhashish Panigrahi; Your Story; January 12, 2016).
ଓଡ଼ିଆ ଭାଷା ପାଇଁ କିଛି ଅନ୍ତର୍ଜାତୀୟ ଇଣ୍ଟରନେଟ ପ୍ରକଳ୍ ପ (Subhashish Panigrahi; Your Story; January 14, 2016).
Why It's Essential To Grow Indian-Language Wikipedias (Subhashish Panigrahi; Huffington Post; January 25, 2016).
This Multilingual Edit-a-thon wants to Improve Indian Content on Wikipedia (Subhashish Panigrahi; DNA; January 26, 2016).
କେତେ ମାଗଣା ଫେସବୁକର ଫ୍ରି ବେସିକ୍ସ? (Subhashish Panigrahi; Odisha.com; January 27, 2016).

Blog Entries

Odia Wikipedia progress from July to December, 2015 (Rahmanuddin Shaik; January 1, 2016).
Report of Konkani Wikipedia's progress (July - December 2015) (Rahmanuddin Shaik; January 1, 2016).
WikipediansSpeak: Odia Wikisourcer Shares her Journey and Goals (Subhashish Panigrahi and Nasim Ali; January 30, 2016).

Events Organized

Telugu Wikipedia Education Program (Co-organized by CIS-A2K and Andhra Loyola College; Vijaywada; January 12 - 13, 2016). CIS is opening up a Wikipedia Digital Centre in the college so that students and local Wikimedians could grow Wikipedia and other Wikimedia content in Telugu and other Indian languages.
Geographical Indications in India Edit-a-thon (Organized by CIS-A2K; India; January 25 - 31, 2016). The goal of this edit-a-thon was to create and improve Geographical Indications articles.

Participation in Events

Editathon at Mysore (Organized by Kannada Wikipedia community; Centre for Proficiency Development and Placement Services (CPDPS), Manasa Gangotri, University of Mysore; January 11 - 13, 2016). Dr. U.B. Pavanaja was the key resource person. Prajavani published a report.
Padartha Chintamani - Pada Kammata Program (Organized by Padartha Chintamani (ಪದಾರ್ಥ ಚಿಂತಾಮಣಿ); Indian Institute of World Culture, Bangalore; January 17, 2016). Dr. U.B. Pavanaja is one of the active members of this group.

Media Coverage

CIS-A2K gave its inputs towards the following media coverage:

Books at a Click (New Indian Express; January 9, 2016).
Read Bengali, Malayalam classics online as free Wiki libraries grow (Sandhya Soman; The Times of India; January 10, 2016).
Youth is responsible for protecting Telugu (Eenadu; January 14, 2016).
Wikipedia Digital Centre now at Andhra Loyola College (Hans India; January 14, 2016).
Kannada Wikipedia not on top of the charts (Muralidhara Khajane; Hindu; January 19, 2016).
GI-tagged products to get Wiki pages (S. Anandan; Hindu; January 26, 2016).
Wikipedia initiative - Celebrating legacy of Bangalore Blue grapes online (The Times of India; January 27, 2016).

►Openness

Submission

Pre-Budget Consultation 2016 - Submission to the IT Group of the Ministry of Finance (Sumandro Chattapadhyay, with contributions from Rohini Lakshané, Anubha Sinha, and other members of CIS; January 12, 2016).

Blog Entries

Approaching Open Research via Open Data - Presentation at TERI, December 22, 2015 (Sumandro Chattapadhyay; January 12, 2016). Sumandro Chattapadhyay delivered a special address.

Upcoming Events

The Zen of Pad.ma: 10 Lessons Learned from Running Open Access Online Video Archives in India and beyond (Organized by CIS; Bangalore; February 3, 2016). Sebastian Lütgert and Jan Gerber, the co-initiators of, and the artists/programmers behind the pad.ma (Public Access Digital Media Archive) project will deliver a lecture at CIS office in Bangalore.
OER16: Open Culture (Organized by Association for Learning Technology; University of Edinburg; April 19 - 20, 2016). As a part of the programme committee, Subhashish Panigrahi is currently reviewing the submissions for the 7th Open Educational Resources Conference, "OER16: Open Culture".

-----------------------------------
Internet Governance
-----------------------------------

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

►Freedom of Expression

Articles

Free Basics: Negating net parity (Sunil Abraham; Deccan Herald; January 3, 2016).
Facebook Free Basics: Gatekeeping Powers Extend to Manipulating Public Discourse (Vidushi Marda; Catchnews; January 6, 2016).
The Internet Has a New Standard for Censorship (Jyoti Panday; The Wire; January 29, 2016).

Submission

Comments on the CCWG-Accountability Draft Proposal (Pranesh Prakash; January 29, 2016). CIS gave its comments on the failures of the CCWG-Accountability draft proposal as well as the processes that it has followed.

Events Organized

Network Neutrality Regulation across South Asia: A Roundtable on Aspects of Differential Pricing (The Energy Resources Institute; Bangalore; January 22, 2016).
Public Debate on 'Differential Pricing': Series 1 (Organized by CIS; ICRIER and the Department of Civics and Politics, University of Mumbai; at CIS, Bangalore; February 1, 2016).
Public Debate on 'Differential Pricing': Series 2 (Organized by CIS; ICRIER and the Department of Civics and Politics, University of Mumbai; Pherozeshah Mehta Bhavan, Vidyanagari, Kalina, Mumbai; February 3, 2016).
Public Debate on 'Differential Pricing': Series 3 (Organized by CIS; ICRIER and the Department of Civics and Politics, University of Mumbai; (Maple Hall, India Habitat Centre, Lodhi Road near Air Force Bal Bharti School, New Delhi; February 5, 2016).

Participation in Events

Mobile India 2016 (Organized by COMSNETS in association with Department of Electronics and Information Technology, Digital India, et.al.; Bangalore; January 5 - 9, 2016). Sunil Abraham participated as a speaker in Session 4: Law, Regulation and Policy of App Economy.
#NetNeutrality and Data Protection Laws (Organized by ITechLaw India International Conference; January 27 - 29, 2016). Pranesh Prakash was a panelist.

►Privacy

Blog Entries

Reply to RTI Application under RTI Act of 2005 from Vanya Rakesh (Vanya Rakesh; January 3, 2016).
Eight Key Privacy Events in India in the Year 2015 (Amber Sinha; January 3, 2016).
Human Rights in the Age of Digital Technology: A Conference to Discuss the Evolution of Privacy and Surveillance (Amber Sinha; January 11, 2016).
A Critique of Consent in Information Privacy (Amber Sinha and Scott Mason; January 11, 2016).
NASSCOM-DSCI Annual Information Security Summit 2015 - Notes (Sumandro Chattapadhyay; January 19, 2016).
Transparency in Surveillance (Vipul Kharbanda; January 23, 2016).

Participation in Events

Data Privacy Day 2016 (Organized by Data Security Council of India; January 28, 2016; Bangalore). Sunil Abraham was a panelist.

►Big Data

Blog Entries

Nature of Knowledge (Scott Mason; January 11, 2016).
Big Data in the Global South - An Analysis (Tanvi Mani; January 15, 2016).

Event Organized

Big Data and Governance in India (CIS; Bangalore; January 23, 2016).

►Miscellaneous

Blog Entries

The Creation of a Network for the Global South - A Literature Review (Tanvi Mani; January 13, 2016).
Summary of the Public Consultation by Vigyan Foundation, Oxfam India and G.B. Pant Institute, Allahabad (Vipul Kharbanda; January 28, 2016).

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

Participation in Event

TV White Space Trials & The TRAI (Meeting convened by Chairman, Telecom Regulatory Authority of India; November 26, 2015; New Delhi). Shyam Ponappa participated in the meeting. This was published recently on CIS website.

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

Upcoming Event

First Edition of Internet Researchers' Conference (IRC) 2016 - Studying Internet in India: Call for Sessions (Organized by CIS; New Delhi; February 25 - 27, 2016). We have announced the selected sessions for the Conference.

Events Organized

RAW Lectures #02: Anil Menon on 'Undermining the Tyrant's Protocols: Speculative Fiction and Freedom' (CIS, Bangalore; January 13, 2016). Anil Menon gave a talk.
A.I. Hype Cycles and Artistic Subversions (CIS, Bangalore; January 22, 2016). Gene Kogan gave a talk.

Blog Entry

Digital Futures of Indian Languages - Notes from the Consultation (Tejaswini Niranjana; January 12, 2016).

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

Facebook's Free Basics Shuts Down In Egypt, Continuing Troubled Run (TV Newsroom; January 1, 2016).
Zuckerberg's India Backlash Imperils Free Global Web Vision (Bhuma Shrivastava; NDTV; January 4, 2016).
Will India win net neutrality battle? (Pratap Vikram Singh and Taru Bhatia; Governance Now; January 5, 2016).
Nasscom wants board to protect Net neutrality, regulate pricing (Shadma Shaikh; Asian Age; January 7, 2016).
Facebook is no charity, and the 'free' in Free Basics comes at a price (The Conversation; January 11, 2016 and The Register; January 18, 2016).
Why Indians are turning down Facebook's free internet (Nimisha Jaiswal; Global Post; January 13, 2016).
A billion mobile users: new startup profiles and innovation insights from Mobile India 2016 (Sneha Maselkar and Madanmohan Rao; Your Story; January 14, 2016).
Facebook's Fight to Be Free (Adi Narayan and Bhuma Shrivastava; January 15, 2016).
Trai promises final call on differential pricing by month-end after 'lively' open house (Economic Times; January 22, 2016).
India, Egypt say no thanks to free Internet from Facebook (Annie Gowen with contributions from Farheen Fatima and Subuhi Parvez; Washington Post; January 28, 2016).

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

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

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

For more details visit https://cis-india.org/about/newsletters/january-2016-bulletin

The Internet Has a New Standard for Censorship

jyoti — 2016-01-30T09:17:54Z

The introduction of the new 451 HTTP Error Status Code for blocked websites is a big step forward in cataloguing online censorship, especially in a country like India where access to information is routinely restricted.

The article was published in the Wire on January 29, 2016. The original can be read here.

Ray Bradbury’s dystopian novel Fahrenheit 451 opens with the declaration, “It was a pleasure to burn.” The six unassuming words offer a glimpse into the mindset of the novel’s protagonist, ‘the fireman’ Guy Montag, who burns books. Montag occupies a world of totalitarian state control over the media where learning is suppressed and censorship prevails. The title alludes to the ‘temperature at which book paper catches fire and burns,’ an apt reference to the act of violence committed against citizens through the systematic destruction of literature. It is tempting to think about the novel solely as a story of censorship. It certainly is. But it is also a story about the value of intellectual freedom and the importance of information.

Published in 1953, Bradbury’s story predates home computers, the Internet, Twitter and Facebook, and yet it anticipates the evolution of these technologies as tools for censorship. When the state seeks to censor speech, they use the most effective and easiest mechanisms available. In Bradbury’s dystopian world, burning books did the trick; in today’s world, governments achieve this by blocking access to information online. The majority of the world’s Internet users encounter censorship even if the contours of control vary depending on the country’s policies and infrastructure.

Online censorship in India

In India, information access blockades have become commonplace and are increasingly enforced across the country for maintaining political stability, for economic reasons, in defence of national security or preserving social values. Last week, the Maharashtra Anti-terror Squad blocked 94 websites that were allegedly radicalising the youth to join the militant group ISIS. Memorably, in 2015 the NDA government’s ham-fisted attempts at enforcing a ban on online pornography resulted in widespread public outrage. Instead of revoking the ban, the government issued yet another vaguely worded and in many senses astonishing order. As reported by Medianama, the revised order delegates the responsibility of determining whether banned websites should remain unavailable to private intermediaries.

The state’s shifting reasons for blocking access to information is reflective of its tendentious attitude towards speech and expression. Free speech in India is messily contested and normally, the role of the judiciary acts as a check on the executive’s proclivity for banning. For instance, in 2010 the Supreme Court upheld the Maharashtra High Court’s decision to revoke the ban on the book on Shivaji by American author James Laine, which, according to the state government, contained material promoting social enmity. However, in the context of communications technology the traditional role of courts is increasingly being passed on to private intermediaries.

The delegation of authority is evident in the government notifying intermediaries to proactively filter content for ‘child pornography’ in the revised order issued to deal with websites blocked as result of its crackdown on pornography. Such screening and filtering requires intermediaries to make a determination on the legality of content in order to avoid direct liability. As international best practices such as the Manila Principles on Intermediary Liability point out, such screening is a slow process and costly and intermediaries are incentivised to simply limit access to information.

Blocking procedures and secrecy

The constitutional validity of Section 69A of the Information Technology Act, 2008 which grants power to the executive to block access to information unchecked, and in secrecy was challenged in Shreya Singhal v. Union of India. Curiously, the Supreme Court upheld S69A reasoning that the provisions were narrowly-drawn with adequate safeguards and noted that any procedural inconsistencies may be challenged through writ petitions under Article 226 of the Constitution. Unfortunately as past instances of blocking under S69A reveal the provisions are littered with procedural deficiencies, amplified manifold by the authorities responsible for interpreting and implementing the orders.

Problematically, an opaque confidentiality criteria built into the blocking rules mandates secrecy in requests and recommendations for blocking and places written orders outside the purview of public scrutiny. As there are no comprehensive list of blocked websites or of the legal orders, the public has to rely on ISPs leaking orders, or media reports to understand the censorship regime in India. RTI applications requesting further information on the implementation of these safeguards have at best provided incomplete information.

Historically, the courts in India have held that Article 19(1)(a) of the Constitution of India is as much about the right to receive information as it is to disseminate, and when there is a chilling effect on speech, it also violates the right to receive information. Therefore, if a website is blocked citizens have a constitutional right to know the legal grounds on which access is being restricted. Just like the government announces and clarifies the grounds when banning a book, users have a right to know the grounds for restrictions on their speech online.

Unfortunately, under the present blocking regime in India there is no easy way for a service provider to comply with a blocking order while also notifying users that censorship has taken place. The ‘Blocking Rules’ require notice “person or intermediary” thus implying that notice may be sent to either the originator or the intermediary. Further, the confidentiality clause raises the presumption that nobody beyond the intermediaries ought to know about a block.

Naturally, intermediaries interested in self-preservation and avoiding conflict with the government become complicit in maintaining secrecy in blocking orders. As a result, it is often difficult to determine why content is inaccessible and users often mistake censorship for technical problem in accessing content. Consequently, pursuing legal recourse or trying to hold the government accountable for their censorious activity becomes a challenge. In failing to consider the constitutional merits of the confidentiality clause, the Supreme Court has shied away from addressing the over-broad reach of the executive.

Secrecy in removing or blocking access is a global problem that places limits on the transparency expected from ISPs. Across many jurisdictions intermediaries are legally prohibited from publicising filtering orders as well as information relating to content or service restrictions. For example in United Kingdom, ISPs are prohibited from revealing blocking orders related to terrorism and surveillance. In South Korea, the Korean Communications Standards Commission holds public meetings that are open to the public. However, the sheer volume of censorship (i.e. close to 10,000 URLs a month) makes it unwieldy for public oversight.

As the Manila Principles note, providing users with an explanation and reasons for placing restrictions on their speech and expression increases civic engagement. Transparency standards will empower citizens to demand that companies and governments they interact with are more accountable when it comes to content regulation. It is worth noting, for conduits as opposed to content hosts, it may not always be technically feasible for to provide a notice when content is unavailable due to filtering. A new standard helps improve transparency standards for network level intermediaries and for websites bound by confidentiality requirements. The recently introduced HTTP code for errors is a critical step forward in cataloguing censorship on the Internet.

A standardised code for censorship

On December 21, 2015, the Internet Engineering Standards Group (IESG) which is the organisation responsible for reviewing and updating the internet’s operating standards approved the publication of 451-’An HTTP Status Code to Report Legal Obstacles’. The code provides intermediaries a standardised way to notify users know when a website is unavailable following a legal order. Publishing the code allows intermediaries to be transparent about their compliance with court and executive orders across jurisdictions and is a huge step forward for capturing online censorship. HTTP code 451 was introduced by software engineer Tim Bray and the code’s name is an homage to Bradbury’s novel Fahrenheit 451.

Bray began developing the code after being inspired by a blog post by Terence Eden calling for a censorship error code. The code’s official status comes after two years of discussions within the technical community and is a result of campaigning from transparency and civil society advocates who have been pushing for clearer labelling of internet censorship. Initially, the code received pushback from within the technical community for reasons enumerated by Mark Nottingham, Chair of the IETF HTTP Working Group in his blog. However, soon sites began using the code on an experimental and unsanctioned basis and faced with increasing demand for and feedback, the code was accepted.

The HTTP code 451 works as a machine-readable flag and has immense potential as a tool for organisations and users who want to quantify and understand censorship on the internet. Cataloguing online censorship is a challenging, time-consuming and expensive task. The HTTP code 451 circumvents confidentiality obligations built into blocking or licensing regimes and reduces the cost of accessing blocking orders.

The code creates a distinction between websites blocked following a court or an executive order, and when information is inaccessible due to technical errors. If implemented widely, Bray’s new code will help prevent confusion around blocked sites. The code addresses the issue of the ISP’s misleading and inaccurate usage of Error 403 ‘Forbidden’ (to indicate that the server can be reached and understood the request, but refuses to take any further action) or 404 ‘Not Found’ (to indicate that the requested resource could not be found but may be available again in the future).

Adoption of the new standard is optional, though at present there are no laws in India that prevent intermediaries doing so. Implementing a standardised machine-readable flag for censorship will go a long way in bolstering the accountability of ISPs that have in the past targeted an entire domain instead of the specified URL. Adoption of the standard by ISPs will also improve the understanding of the burden imposed on intermediaries for censoring and filtering content as presently, there is no clarity on what constitutes compliance. Of course, censorious governments may prohibit the use of the code, for example by issuing an order that specifies not only that a page be blocked, but also precisely which HTTP return code should be used. Though such sanctions should be viewed as evidence of systematic rights violation and totalitarian regimes.

In India where access to software code repositories such as Github and Sourceforge are routinely restricted, the need for such code is obvious. The use of the code will improve confidence in blocking practices, allowing users to understand the grounds on which their right to information is being restricted. Improving transparency around censorship is the only way to build trust between the government and its citizens about the laws and policies applicable to internet content.

For more details visit https://cis-india.org/internet-governance/blog/the-wire-jyoti-panday-january-29-2016-internet-has-a-new-standard-for-censorship

Transparency in Surveillance

vipul — 2016-01-23T15:11:18Z

Transparency is an essential need for any democracy to function effectively. It may not be the only requirement for the effective functioning of a democracy, but it is one of the most important principles which need to be adhered to in a democratic state.

Introduction

A democracy involves the state machinery being accountable to the citizens that it is supposed to serve, and for the citizens to be able to hold their state machinery accountable, they need accurate and adequate information regarding the activities of those that seek to govern them. However, in modern democracies it is often seen that those in governance often try to circumvent legal requirements of transparency and only pay lip service to this principle, while keeping their own functioning as opaque as possible.

This tendency to not give adequate information is very evident in the departments of the government which are concerned with surveillance, and merit can be found in the argument that all of the government's clandestine surveillance activities cannot be transparent otherwise they will cease to be "clandestine" and hence will be rendered ineffective. However, this argument is often misused as a shield by the government agencies to block the disclosure of all types of information about their activities, some of which may be essential to determine whether the current surveillance regime is working in an effective, ethical, and legal manner or not. It is this exploitation of the argument, which is often couched in the language of or coupled with concerns of national security, that this paper seeks to address while voicing the need for greater transparency in surveillance activities and structures.

In the first section the paper examines the need for transparency, and specifically deals with the requirement for transparency in surveillance. In the next part, the paper discusses the regulations governing telecom surveillance in India. The final part of the paper discusses possible steps that may be taken by the government in order to increase transparency in telecom surveillance while keeping in mind that the disclosure of such information should not make future surveillance ineffective.

Need for Transparency

In today's age where technology is all pervasive, the term "surveillance" has developed slightly sinister overtones, especially in the backdrop of the Edward Snowden fiasco. Indeed, there have been several independent scandals involving mass surveillance of people in general as well as illegal surveillance of specific individuals. The fear that the term surveillance now invokes, especially amongst those social and political activists who seek to challenge the status quo, is in part due to the secrecy surrounding the entire surveillance regime. Leaving aside what surveillance is carried out, upon whom, and when - the state actors are seldom willing and open to talk about how surveillance is carried out, how decisions regarding who and how to target, are reached, how agency budgets are allocated and spent, how effective surveillance actions were, etc. While there may be justified security based arguments to not disclose the full extent of the state's surveillance activities, however this cloak of secrecy may be used illegally and in an unauthorized manner to achieve ends more harmful to citizen rights than the maintenance of security and order in the society.

Surveillance and interception/collection of communications data can take place under different legal processes in different countries, ranging from court-ordered requests of specified data from telecommunications companies to broad executive requests sent under regimes or regulatory frameworks requiring the disclosure of information by telecom companies on a pro-active basis. However, it is an open secret that data collection often takes place without due process or under non-legal circumstances.

It is widely believed that transparency is a critical step towards the creation of mechanisms for increased accountability through which law enforcement and government agencies access communications data. It is the first step in the process of starting discussions and an informed public debate regarding how the state undertakes activities of surveillance, monitoring and interception of communications and data. Since 2010, a large number of ICT companies have begun to publish transparency reports on the extent that governments request their user data as well as requirements to remove content. However, governments themselves have not been very forthcoming in providing such detailed information on surveillance programs which is necessary for an informed debate on this issue.[1] Although some countries currently report limited information on their surveillance activities, e.g. the U.S. Department of Justice publishes an annual Wiretap Report (U.S. Courts, 2013a), and the United Kingdom publishes the Interception of Communications Commissioner Annual Report (May, 2013), which themselves do not present a complete picture, however even such limited measures are unheard of in a country such as India.

It is obvious that Governments can provide a greater level of transparency regarding the limits in place on the freedom of expression and privacy than transparency reports by individual companies. Company transparency reports can only illuminate the extent to which any one company receives requests and how that company responds to them. By contrast, government transparency reports can provide a much greater perspective on laws that can potentially restrict the freedom of expression or impact privacy by illustrating the full extent to which requests are made across the ICT industry. [2]

In India, the courts and the laws have traditionally recognized the need for transparency and derive it from the fundamental right to freedom of speech and expression guaranteed in our Constitution. This need coupled with a sustained campaign by various organizations finally fructified into the passage of the Right to Information Act, 2005, (RTI Act) which amongst other things also places an obligation on the sate to place its documents and records online so that the same may be freely available to the public. In light of this law guaranteeing the right to information, the citizens of India have the fundamental right to know what the Government is doing in their name. The free flow of information and ideas informs political growth and the freedom of speech and expression is the lifeblood of a healthy democracy, it acts as a safety valve. People are more ready to accept the decisions that go against them if they can in principle seem to influence them. The Supreme Court of India is of the view that the imparting of information about the working of the government on the one hand and its decision affecting the domestic and international trade and other activities on the other is necessary, and has imposed an obligation upon the authorities to disclose information.[3]

The Supreme Court, in Namit Sharma v. Union of India,[4] while discussing the importance of transparency and the right to information has held:

"The Right to Information was harnessed as a tool for promoting development; strengthening the democratic governance and effective delivery of socio-economic services. Acquisition of information and knowledge and its application have intense and pervasive impact on the process of taking informed decision, resulting in overall productivity gains .

……..

Government procedures and regulations shrouded in the veil of secrecy do not allow the litigants to know how their cases are being handled. They shy away from questioning the officers handling their cases because of the latters snobbish attitude. Right to information should be guaranteed and needs to be given real substance. In this regard, the Government must assume a major responsibility and mobilize skills to ensure flow of information to citizens. The traditional insistence on secrecy should be discarded."

Although these statements were made in the context of the RTI Act the principle which they try to illustrate can be understood as equally applicable to the field of state sponsored surveillance. Though Indian intelligence agencies are exempt from the RTI Act, it can be used to provide limited insight into the scope of governmental surveillance. This was demonstrated by the Software Freedom Law Centre, who discovered via RTI requests that approximately 7,500 - 9,000 interception orders are sent on a monthly basis.[5]

While it is true that transparency alone will not be able to eliminate the barriers to freedom of expression or harm to privacy resulting from overly broad surveillance,, transparency provides a window into the scope of current practices and additional measures are needed such as oversight and mechanisms for redress in cases of unlawful surveillance. Transparency offers a necessary first step, a foundation on which to examine current practices and contribute to a debate on human security and freedom.[6]

It is no secret that the current framework of surveillance in India is rife with malpractices of mass surveillance and instances of illegal surveillance. There have been a number of instances of illegal and/or unathorised surveillance in the past, the most scandalous and thus most well known is the incident where a woman IAS officer was placed under surveillance at the behest of Mr. Amit Shah who is currently the president of the ruling party in India purportedly on the instructions of the current prime minister Mr. Narendra Modi.[7] There are also a number of instances of private individuals indulging in illegal interception and surveillance; in the year 2005, it was reported that Anurag Singh, a private detective, along with some associates, intercepted the telephonic conversations of former Samajwadi Party leader Amar Singh. They allegedly contacted political leaders and media houses for selling the tapped telephonic conversation records. The interception was allegedly carried out by stealing the genuine government letters and forging and fabricating them to obtain permission to tap Amar Singh's telephonic conversations. [8] The same individual was also implicated for tapping the telephone of the current finance minister Mr. Arun Jaitely.[9]

It is therefore obvious that the status quo with regard to the surveillance mechanism in India needs to change, but this change has to be brought about in a manner so as to make state surveillance more accountable without compromising its effectiveness and addressing legitimate security concerns. Such changes cannot be brought about without an informed debate involving all stakeholders and actors associated with surveillance, however the basic minimum requirement for an "informed" debate is accurate and sufficient information about the subject matter of the debate. This information is severely lacking in the public domain when it comes to state surveillance activities - with most data points about state surveillance coming from news items or leaked information. Unless the state becomes more transparent and gives information about its surveillance activities and processes, an informed debate to challenge and strengthen the status quo for the betterment of all parties cannot be started.

Current State of Affairs

Surveillance laws in India are extremely varied and have been in existence since the colonial times, remnants of which are still being utilized by the various State Police forces. However in this age of technology the most important tools for surveillance exist in the digital space and it is for this reason that this paper shall focus on an analysis of surveillance through interception of telecommunications traffic, whether by tracking voice calls or data. The interception of telecommunications actually takes place under two different statutes, the Telegraph Act, 1885 (which deals with interception of calls) as well as the Information Technology Act, 2000 (which deals with interception of data).

Currently, the telecom surveillance is done as per the procedure prescribed in the Rules under the relevant sections of the two statutes mentioned above, viz. Rule 419A of the Telegraph Rules, 1951 for surveillance under the Telegraph Act, 1885 and the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 for surveillance under the Information Technology Act, 2000. These Rules put in place various checks and balances and try to ensure that there is a paper trail for every interception request. [10] The assumption is that the generation of a paper trail would reduce the number of unauthorized interception orders thus ensuring that the powers of interception are not misused. However, even though these checks and balances exist on paper as provided in the laws, there is not enough information in the public domain regarding the entire mechanism of interception for anyone to make a judgment on whether the system is working or not.

As mentioned earlier, currently the only sources of information on interception that are available in the public domain are through news reports and a handful of RTI requests which have been filed by various activists.[11] The only other institutionalized source of information on surveillance in India is the various transparency reports brought out by companies such as Google, Yahoo, Facebook, etc.

Indeed, Google was the first major corporation to publish a transparency report in 2010 and has been updating its report ever since. The latest data that is available for Google is for the period between January, 2015 to June, 2015 and in that period Google and Youtube together received 3,087 requests for data which asked for information on 4,829 user accounts from the Indian Government. Out of these requests Google only supplied information for 44% of the requests.[12] Although Google claims that they "review each request to make sure that it complies with both the spirit and the letter of the law, and we may refuse to produce information or try to narrow the request in some cases", it is not clear why Google rejected 56% of the requests. It may also be noted that the number of requests for information that Google received from India were the fifth highest amongst all the other countries on which information was given in the Transparency Report, after USA, Germany, France and the U.K.

Facebook's transparency report for the period between January, 2015 to June, 2015 reveals that Facebook received 5,115 requests from the Indian Government for 6,268 user accounts, out of which Facebook produced data in 45.32% of the cases.[13] Facebook's transparency report claims that they respond to requests relating to criminal cases and "Each and every request we receive is checked for legal sufficiency and we reject or require greater specificity on requests that are overly broad or vague." However, even in Facebook's transparency report it is unclear why 55.68% of the requests were rejected.

The Yahoo transparency report also gives data from the period between January 1, 2015 to June 30, 2015 and reveals that Yahoo received 831 requests for data, which related to 1,184 user accounts from the Indian Government. The Yahoo report is a little more detailed and also reveals that 360 of the 831 requests were rejected by Yahoo, however no details are given as to why the requests were rejected. The report also specifies that in 63 cases, no data was found by Yahoo, in 249 cases only non content data[14] was disclosed while in 159 cases content [15] was disclosed. The Yahoo report also claims that "We carefully scrutinize each request to make sure that it complies with the law, and we push back on those requests that don't satisfy our rigorous standards."

While the Vodafone Transparency Report gives information regarding government requests for data in other jurisdictions, [16] it does not give any information on government requests in India. This is because Vodafone interprets the provisions contained in Rule 25(4) of the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 (Interception Rules) and Rule 11 of the IT (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009 as well as Rule 419A(19) of the Indian Telegraph Rules, 1954 which require service providers to maintain confidentiality/secrecy in matters relating to interception, as being a legal prohibition on Vodafone to reveal such information.

Apart from the four major companies discussed above, there are a large number of private corporations which have published transparency reports in order to acquire a sense of trustworthiness amongst their customers. Infact, the Ranking Digital Rights Project has been involved in ranking some of the biggest companies in the world on their commitment to accountability and has brought out the Ranking Digital Rights 2015 Corporate Accountability Index that has analysed a representative group of 16 companies "that collectively hold the power to shape the digital lives of billions of people across the globe".

Suggestions on Transparency

It is clear from the discussions above, as well as a general overview of various news reports on the subject, that telecom surveillance in India is shrouded in secrecy and it appears that a large amount of illegal and unauthorized surveillance is taking place behind the protection of this veil of secrecy. If the status quo continues, then it is unlikely that any meaningful reforms would take place to bring about greater accountability in the area of telecom surveillance. It is imperative, for any sort of changes towards greater accountability to take place, that we have enough information about what exactly is happening and for that we need greater transparency since transparency is the first step towards greater accountability.

Transparency Reports

In very simplistic terms transparency, in anything, can best be achieved by providing as much information about that thing as possible so that there are no secrets left. However, it would be naïve to say that all information about interception activities can be made public on the altar of the principle of transparency, but that does not mean that there should be no information at all on interception. One of the internationally accepted methods of bringing about transparency in interception mechanisms, which is increasingly being adopted by both the private sector as well as governments, is to publish Transparency Reports giving various details of interception while keeping security concerns in mind. The two types of transparency reports that we require in India and what that would entail is briefly discussed below:

By the Government

The problem with India's current regime for interception is that the entire mechanism appears more or less adequate on paper with enough checks and balances involved in it to prevent misuse of the allotted powers. However, because the entire process is veiled in secrecy, nobody knows exactly how good or how rotten the system has become and whether it is working to achieve its intended purposes. It is clear that the current system of interception and surveillance being followed by the government has some flaws, as can be gathered from the frequent news articles which talk about incidents of illegal surveillance. However, without any other official or more reliable sources of information regarding surveillance activities these anecdotal pieces of evidence are all we have to shape the debate regarding surveillance in India. It is only logical then that the debate around surveillance, which is informed by such sketchy and unreliable news reports will automatically be biased against the current mechanism since the newspapers would also only be interested in reporting the scandalous and the extraordinary incidents. For example, some argue that the government undertakes mass surveillance, while others argue that India only carries out targeted surveillance, but there is not enough information publicly available for a third party to support or argue against either claim. It is therefore necessary and highly recommended that the government start releasing a transparency report such as the one's brought out by the United States and the UK as mentioned above.

There is no need for a separate department or authority just to make the transparency report and this task could probably be performed in-house by any department, but considering the sector involved, it would perhaps be best if the Department of Telecommunications is given the responsibility to bring out a transparency report. These transparency reports should contain certain minimum amount of data for them to be an effective tool in informing the public discourse and debate regarding surveillance and interception. The report needs to strike a balance between providing enough information so that an informed analysis can be made of the effectiveness of the surveillance regime without providing so much information so as to make the surveillance activities ineffective. Below is a list of suggestions as to what kind of data/information such reports should contain:

Reports should contain data regarding the number of interception orders that have been passed. This statistic would be extremely useful in determining how elaborate and how frequently the state indulges in interception activities. This information would be easily available since all interception orders have to be sent to the Review Committee set up under Rule 419A of the Telegraph Rules, 1954.
The Report should contain information on the procedural aspects of surveillance including the delegation of powers to different authorities and individuals, information on new surveillance schemes, etc. This information would also be available with the Ministry of Home Affairs since it is a Secretary or Joint Secretary level officer in the said Ministry which is supposed to authorize every order for interception.
The report should contain an aggregated list of reasons given by the authorities for ordering interception. This information would reveal whether the authorities are actually ensuring legal justification before issuing interception or are they just paying lip service to the rules to ensure a proper paper trail. Since every order of interception has to be in writing, the main reasons for interception can easily be gleaned from a perusal of the orders.
It should also reveal the percentage of cases where interception has actually found evidence of culpability or been successful in prevention of criminal activities. This one statistic would itself give a very good review of the effectiveness of the interception regime. Granted that this information may not be very easily obtainable, but it can be obtained with proper coordination with the police and other law enforcement agencies.
The report should also reveal the percentage of order that have been struck down by the Review Committee as not following the process envisaged under the various Rules. This would give a sense of how often the Rules are being flouted while issuing interception orders. This information can easily be obtained from the papers and minutes of the meetings of the Review Committee.
The report should also state the number of times the Review Committee has met in the period being reported upon. The Review Committee is an important check on the misuse of powers by the authorities and therefore it is important that the Review Committee carries out its activities in a diligent manner.

It may be noted here that some provisions of the Telegraph Rules, 1954 especially sub-Rules 17 and 18 of Rule 419A as well as Rules 22, 23(1) and 25 of the Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009 may need to be amended so as to make them compliant with the reporting mechanism proposed above.

By the Private Sector

We have already discussed above the transparency reports published by certain private companies. Suffice it to say that reports from private companies should give as much of the information discussed under government reports as possible and/or applicable, since they may not have a large amount of the information that is sought to be published in the government reports such as whether the interception was successful, the reasons for interception, etc. It is important to have ISPs provide such transparency reports as this will provide two different data points for information on interception and the very existence of these private reports may act as a check to ensure the veracity of the government transparency reports.

As in the case of government reports, for the transparency reports of the private sector to be effective, certain provisions of the Telegraph Rules, 1954 and the Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009, viz. sub-Rules 14, 15 and 19 of Rule 419A of the Telegraph Rules, 1954 and Rules 20, 21, 23(1) and 25 of the Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009.

Overhaul of the Review Committee

The Review Committee which acts as a check on the misuse of powers by the competent authorities is a very important cog in the entire process. However, it is staffed entirely by the executive and does not have any members of any other background. Whilst it is probably impractical to have civilian members in the Review Committee which has access to potentially sensitive information, it is extremely essential that the Committee has wider representation from other sectors specially the judiciary. One or two members from the judiciary on the Review Committee would provide a greater check on the workings of the Committee as this would bring in representation from the judicial arm of the State so that the Review Committee does not remain a body manned purely by the executive branch. This could go some ways to ensure that the Committee does not just "rubber stamp" the orders of interception issued by the various competent authorities.

Conclusion

It is not in dispute that there is a need for greater transparency in the government's surveillance activities in order to address the problems associated with illegal and unauthorised interceptions. This paper is not making the case that greater transparency in and by itself will be able to solve the problems that may be associated with the government's currency interception and surveillance regime, however it is not possible to address any problem unless we know the real extent of it. It is essential for an informed debate and discussion that the people participating in the discussion are "informed", i.e. they should have accurate and adequate information regarding the issues which are being discussed. The current state of the debate on interception is rife with individuals using illustrative and anecdotal evidence which, in the absence of any other evidence, they assume to be the norm.

A more transparent and forthcoming state machinery which regularly keeps its citizens abreast of the state of its surveillance regime would be likely to get better suggestions and perhaps less criticisms if it does come out that the checks and balances imposed in the regulations are actually making a difference to check unauthorized interceptions, and if not, then it is the right of the citizens to know about this and ask for reforms.

[1] James Losey, "Surveillance of Communications: A Legitimization Crisis and the Need for Transparency", International Journal of Communication 9(2015), Feature 3450-3459, 2015.

[2] Id.

[3] Namit Sharma v. Union of India, http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=39566.

[4] http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=39566 . Although the judgment was overturned on review, however this observation quoted above would still hold as it has not been specifically overturned.

[5] http://sflc.in/wp-content/uploads/2014/09/SFLC-FINAL-SURVEILLANCE-REPORT.pdf .

[6] James Losey, "Surveillance of Communications: A Legitimization Crisis and the Need for Transparency", International Journal of Communication 9 (2015), Feature 3450-3459, 2015.

[7] http://gulail.com/the-stalkers/ .

[8] http://timesofindia.indiatimes.com/india/Amar-Singh-phone-tap-accused-tracked-Arun-Jaitleys-mobile/articleshow/18582508.cms .

[9] http://ibnlive.in.com/news/arun-jaitley-phonetapping-case-all-accused-get-bail/394997-37-64.html .

[10] For a detailed discussion of the Rules of interception please see Policy Paper on Surveillance in India, by Vipul Kharbanda, http://cis-india.org/internet-governance/blog/policy-paper-on-surveillance-in-india .

[11] As an example please see http://cis-india.org/internet-governance/resources/rti-on-officials-and-agencies-authorized-to-intercept-telephone-messages-in-india .

[12] https://www.google.com/transparencyreport/userdatarequests/countries/ .

[13] https://govtrequests.facebook.com/country/India/2015-H1/ .

[14] Non-content data (NCD) such as basic subscriber information including the information captured at the time of registration such as an alternate e-mail address, name, location, and IP address, login details, billing information, and other transactional information (e.g., "to," "from," and "date" fields from email headers).

[15] Data that users create, communicate, and store on or through Yahoo. This could include words in a communication (e.g., Mail or Messenger), photos on Flickr, files uploaded, Yahoo Address Book entries, Yahoo Calendar event details, thoughts recorded in Yahoo Notepad or comments or posts on Yahoo Answers or any other Yahoo property.

[16] https://www.vodafone.com/content/sustainabilityreport/2014/index/operating_responsibly/privacy_and_security/law_enforcement/country_by_country.html .

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

Why Indians are turning down Facebook's free internet

praskrishna — 2016-01-17T16:25:10Z

Imagine a billion of the world’s poorest gaining overnight access to health information, education, and professional help — for free. Add to this one rich man who wants to make that dream a reality.

The article by Nimisha Jaiswal was published in the Global Post on January 13, 2016. Sunil Abraham was quoted.

That’s the invitation that Facebook has sent to India. Many there, however, are rejecting such benevolence.

Facebook has introduced its Free Basics project in 36 countries. The company claims that the app acts as a stepping-stone to the internet for those who are otherwise without access, by providing them with a few essential sites — or “basics” — to get started.

“We know that when people have access to the internet they also get access to jobs, education, healthcare, communication… We know that for India to make progress, more than 1 billion people need to be connected to the internet,” wrote Facebook CEO Mark Zuckerberg in a recent op-ed for a major Indian newspaper. “Free Basics is a bridge to the full internet and digital equality.”

However, net neutrality researchers and activists in India define it quite differently.

“Free Basics is a zero-rated walled garden that gives users a tiny subset of the world wide web,” Sunil Abraham, executive director of the Bengaluru-based Centre for Internet and Society, told GlobalPost.

The Free Basics app is part of Facebook’s Internet.org, a “zero-rating” internet service that provides limited access for no charge to the consumer. The original Internet.org was heavily criticized in India for violating net neutrality, the principle that all content on the web should be accessible to consumers at the same speed, without discrimination by providers.

Last spring, as part of a homegrown Save The Internet movement, over 1 million people wrote to the Telecom Regulatory Authority of India (TRAI) to protest services that disrupt net neutrality by providing only a small fraction of the internet to their users.

India’s Department of Telecommunications has already recommended that such platforms be disallowed. Before it makes its own recommendations this month, the TRAI asked concerned citizens for another round of input on zero-rating apps. The criticism has been so loud that, at the end of December, Free Basics’ local telecom partner was ordered to take the service down until a decision is reached.

Though Free Basics does not require payment from the websites it shares, Facebook’s competitors are unlikely to participate and provide user data to their rivals. And while there are currently no advertisements on Free Basics, Facebook reserves the right to introduce them in the future to garner revenue from their “walled-in” clients.

According to Abraham, such a platform harms free speech, privacy, innovation and diversity by adding another layer of surveillance and “censoring” the internet.

Mahesh Murthy, a venture capitalist who is part of India’s Save The Internet movement, puts it more bluntly.

“What Facebook wants is our less fortunate brothers and sisters should be able to poke each other and play Candy Crush, but not be able to look up a fact on Google, or learn something on Khan Academy, or sell their produce on a commodity market, or even search for a job on [Indian recruitment website] Naukri,” said Murthy.

Zuckerberg and Facebook’s India team have vigorously rebutted net neutrality activists in India, including Murthy, challenging their criticism of Free Basics and accusing activists of deliberately trying to prevent the masses from gaining internet access.

“Critics of the program continue to spread false claims — even if that means leaving behind a billion people,” wrote Zuckerberg in his Times of India op-ed.

According to Abraham, this is a misleading assertion. “They are falsely framing the debate, they are making it look like we have only two choices,” he told GlobalPost. “The choice is not between less people on the internet and unregulated [Free Basics].”

Several alternatives are being proposed. Abraham does not advocate a complete ban on Free Basics, instead suggesting a “leaky” walled garden where users would be given 100 MB of full internet access for every 100 MB of Free Basics consumed.

The Save the Internet campaign, however, wants Free Basics barred altogether. It proposes returning to previously implemented schemes like providing data on the purchase of a phone, or letting users access the full internet after watching an ad. The Universal Service Obligation Fund, set up by the Department of Telecommunications to provide affordable communication technology in rural areas, could also be used to finance free data packs.

While Facebook could potentially contribute to such funds to promote its connectivity goals, the millions of dollars it has spent loudly defending Free Basics in India suggest that the company is deeply attached to its own scheme.

Facebook has claimed that “more than four in five Indians support Free Basics,” according to a survey that it paid for. Indian users of the social network have received notifications encouraging them to send a template letter to the regulator in support of Free Basics. Even users in the US were “accidentally” notified to add their backing to the Indian campaign.

Some of the company's critics suggest that it is driven less by philanthropy, more by guaranteeing itself a stream of new users.

Murthy points out that a large number of the world’s population not yet on the internet are in India and China — and Facebook is banned in China. “So who becomes essential to Mark Zuckerberg’s balance sheet? Enter us Indians.”

While Indian activists agree that connectivity is an important goal, they insist that Free Basics in its current form is not the solution or even the only option right now. All it does is whets the appetite of the consumer, according to Abraham.

“You can compare Free Basics to when you go through the mall: You see the people selling cookies, and the aroma fills the whole mall,” he said. “That’s what Free Basics does — it gets you interested in the cookie. But it doesn’t solve the affordability question.”

For more details visit https://cis-india.org/internet-governance/news/global-post-nimisha-jaiswal-why-indians-are-turning-down-facebook-free-internet

Big Data in the Global South - An Analysis

tanvi — 2016-01-24T02:54:45Z

I. Introduction

"The period that we have embarked upon is unprecedented in history in terms of our ability to learn about human behavior." [1]

The world we live in today is facing a slow but deliberate metamorphosis of decisive information; from the erstwhile monopoly of world leaders and the captains of industry obtained through regulated means, it has transformed into a relatively undervalued currency of knowledge collected from individual digital expressions over a vast network of interconnected electrical impulses.[2] This seemingly random deluge of binary numbers, when interpreted represents an intricately woven tapestry of the choices that define everyday life, made over virtual platforms. The machines we once employed for menial tasks have become sensorial observers of our desires, wants and needs, so much so that they might now predict the course of our future choices and decisions.[3] The patterns of human behaviour that are reflected within this data inform policy makers, in both a public and private context. The collective data obtained from our digital shadows thus forms a rapidly expanding storehouse of memory, from which interested parties can draw upon to resolve problems and enable a more efficient functioning of foundational institutions, such as the markets, the regulators and the government.[4]

The term used to describe a large volume of collected data, in a structured as well as unstructured form is called Big Data. This data requires niche technology, outside of traditional software databases, to process; simply because of its exponential increment in a relatively short period of time. Big Data is usually identified using a "three V" characterization - larger volume, greater variety and distinguishably high rates of velocity. [5] This is exemplified in the diverse sources from which this data is obtained; mobile phone records, climate sensors, social media content, GPS satellite identifications and patterns of employment, to name a few. Big data analytics refers to the tools and methodologies that aim to transform large quantities of raw data into "interpretable data", in order to study and discern the same so that causal relationships between events can be conclusively established.[6] Such analysis could allow for the encouragement of the positive effects of such data and a concentrated mitigation of negative outcomes.

This paper seeks to map out the practices of different governments, civil society, and the private sector with respect to the collection, interpretation and analysis of big data in the global south, illustrated across a background of significant events surrounding the use of big data in relevant contexts. This will be combined with an articulation of potential opportunities to use big data analytics within both the public and private spheres and an identification of the contextual challenges that may obstruct the efficient use of this data. The objective of this study is to deliberate upon how significant obstructions to the achievement of developmental goals within the global south can be overcome through an accurate recognition, interpretation and analysis of big data collected from diverse sources.

II. Uses of Big Data in the Global Development

Big Data for development is the process though which raw, unstructured and imperfect data is analyzed, interpreted and transformed into information that can be acted upon by governments and policy makers in various capacities. The amount of digital data available in the world today has grown from 150 exabytes in 2005 to 1200 exabytes in 2010.[7] It is predicted that this figure would increase by 40% annually in the next few years[8], which is close to 40 times growth of the world's population. [9] The implication of this is essentially that the share of available data in the world today that is less than a minute old is increasing at an exponential rate. Moreover, an increasing percentage of this data is produced and created real-time.

The data revolution that is incumbent upon us is characterized by a rapidly accumulating and continuously evolving stock of data prevalent` in both industrialized as well as developing countries. This data is extracted from technological services that act as sensors and reflect the behaviour of individuals in relation to their socio-economic circumstances.

For many global south countries, this data is generated through mobile phone technology. This trend is evident in Sub Saharan Africa, where mobile phone technology has been used as an effective substitute for often weak and unstructured State mechanisms such as faulty infrastructure, underdeveloped systems of banking and inferior telecommunication networks.[10]

For example, a recent study presented at the Data for Development session at the NetMob Conference at MIT used mobile phone data to analyze the impact of opening a new toll highway in Dakar, Senegal on human mobility, particularly how people commute to work in the metropolitan area. ^{^[11]} A huge investment, the improved infrastructure is expected to result in a significant increase of people in and out of Dakar, along with the transport of essential goods. This would initiate rural development in the areas outside of Dakar and boost the value of land within the region.^{^[12]} The impact of the newly constructed highway can however only be analyzed effectively and accurately through the collection of this mobile phone data from actual commuters, on a real time basis.

Mobile phones technology is no longer used just for personal communication but has been transformed into an effective tool to secure employment opportunities, transfer money, determine stock options and assess the prices of various commodities.[13] This generates vast amounts of data about individuals and their interactions with the government and private sector companies. Internet Traffic is predicted to grow between 25 to 30 % in the next few years in North America, Western Europe and Japan but in Latin America, The Middle East and Africa this figure has been expected to touch close to 50%.[14] The bulk of this internet traffic can be traced back to mobile devices.

The potential applicability of Big Data for development at the most general level is the ability to provide an overview of the well being of a given population at a particular period of time.[15] This overcomes the relatively longer time lag that is prevalent with most other traditional forms of data collection. The analysis of this data has helped, to a large extent, uncover "digital smoke signals" - or inherent changes in the usage patterns of technological services, by individuals within communities.[16] This may act as an indicator of the changes in the underlying well-being of the community as a whole. This information about the well-being of a community derived from their usage of technology provides significantly relevant feedback to policy makers on the success or failure of particular schemes and can pin point changes that need to be made to status quo. [17]The hope is that this feedback delivered in real-time, would in turn lead to a more flexible and accessible system of international development, thus securing more measurable and sustained outcomes. [18]

The analysis of big data involves the use of advanced computational technology that can aid in the determination of trends, patterns and correlations within unstructured data so as to transform it into actionable information. It is hoped that this in addition to the human perspective and experience afforded to the process could enable decision makers to rely upon information that is both reliable and up to date to formulate durable and self-sustaining development policies.

The availability of raw data has to be adequately complemented with intent and a capacity to use it effectively. To this effect, there is an emerging volume of literature that seeks to characterize the primary sources of this Big Data as sharing certain easily distinguishable features. Firstly, it is digitally generated and can be stored in a binary format, thus making it susceptible to requisite manipulation by computers attempting to engage in its interpretation. It is passively produced as a by-product of digital interaction and can be automatically extracted for the purpose of continuous analysis. It is also geographically traceable within a predetermined time period. It is however important to note that "real time" does not necessarily refer to information occurring instantly but is reflective of the relatively short time in which the information is produced and made available thus making it relevant within the requisite timeframe. This allows efficient responsive action to be taken in a short span of time thus creating a feedback loop. [19]

In most cases the granularity of the data is preferably sought to be expanded over a larger spatial context such as a village or a community as opposed to an individual simply because this affords an adequate recognition of privacy concerns and the lack of definitive consent of the individuals in the extraction of this data. In order to ease the process of determination of this data, the UN Global Pulse has developed taxonomy of sorts to assess the types of data sources that are relevant to utilizing this information for development purposes.[20] These include the following sources;

Data Exhaust or the digital footprint left behind by individuals' use of technology for service oriented tasks such as web purchases, mobile phone transactions and real time information collected by UN agencies to monitor their projects such as levels of food grains in storage units, attendance in schools etc.

Online Information which includes user generated content on the internet such as news, blog entries and social media interactions which may be used to identify trends in human desires, perceptions and needs.

Physical sensors such as satellite or infrared imagery of infrastructural development, traffic patterns, light emissions and topographical changes, thus enabling the remote sensing of changes in human activity over a period of time.

Citizen reporting or crowd sourced data , which includes information produced on hotlines, mobile based surveys, customer generated maps etc. Although a passive source of data collection, this is a key instrument in assessing the efficacy of action oriented plans taken by decision makers.

The capacity to analyze this big data is hinged upon the reliance placed on technologically advanced processes such as powerful algorithms which can synthesize the abundance of raw data and break down the information enabling the identification of patterns and correlations. This process would rely on advanced visualization techniques such "sense-making tools"[21]

The identification of patterns within this data is carried out through a process of instituting a common framework for the analysis of this data. This requires the creation of a specific lexicon that would help tag and sort the collected data. This lexicon would specify what type of information is collected and who it is interpreted and collected by, the observer or the reporter. It would also aid in the determination of how the data is acquired and the qualitative and quantitative nature of the data. Finally, the spatial context of the data and the time frame within which it was collected constituting the aspects of where and when would be taken into consideration. The data would then be analyzed through a process of Filtering, Summarizing and Categorizing the data by transforming it into an appropriate collection of relevant indicators of a particular population demographic. [22]

The intensive mining of predominantly socioeconomic data is known as "reality mining" [23] and this can shed light on the processes and interactions that are reflected within the data. This is carried out via a tested three fold process. Firstly, the " Continuous Analysis over the streaming of the data", which involves the monitoring and analyzing high frequency data streams to extract often uncertain raw data. For example, the systematic gathering of the prices of products sold online over a period of time. Secondly, "The Online digestion of semi structured data and unstructured data", which includes news articles, reviews of services and products and opinion polls on social media that aid in the determination of public perception, trends and contemporary events that are generating interest across the globe. Thirdly, a 'Real-time Correlation of streaming data with slowly accessible historical data repositories,' which refers to the "mechanisms used for correlating and integrating data in real-time with historical records."[24] The purpose of this stage is to derive a contextualized perception of personalized information that seeks to add value to the data by providing a historical context to it. Big Data for development purposes would make use of a combination of these depending on the context and need.

(i) Policy Formulation

The world today has become increasingly volatile in terms of how the decisions of certain countries are beginning to have an impact on vulnerable communities within entirely different nations. Our global economy has become infinitely more susceptible to fluctuating conditions primarily because of its interconnectivity hinged upon transnational interdependence. The primordial instigators of most of these changes, including the nature of harvests, prices of essential commodities, employment structures and capital flows, have been financial and environmental disruptions. [25] According to the OECD, " Disruptive shocks to the global economy are likely to become more frequent and cause greater economic and social hardship. The economic spillover effects of events like the financial crisis or a potential pandemic will grow due to the increasing interconnectivity of the global economy and the speed with which people, goods and data travel."[26]

The local impacts of these fluctuations may not be easily visible or even traceable but could very well be severe and long lasting. A vibrant literature on the vulnerability of communities has highlighted the impacts of these shocks on communities often causing children to drop out of school, families to sell their productive assets, and communities to place a greater reliance on state rations.[27] These vulnerabilities cannot be definitively discerned through traditional systems of monitoring and information collection. The evidence of the effects of these shocks often take too long to reach decision makers; who are unable to formulate effective policies without ascertaining the nature and extent of the hardships suffered by these in a given context. The existing early warning systems in place do help raise flags and draw attention to the problem but their reach is limited and veracity compromised due to the time it takes to extract and collate this information through traditional means. These traditional systems of information collection are difficult to implement within rural impoverished areas and the data collected is not always reliable due to the significant time gap in its collection and subsequent interpretation. Data collected from surveys does provide an insight into the state of affairs of communities across demographics but this requires time to be collected, processed, verified and eventually published. Further, the expenses incurred in this process often prove to be difficult to offset.

The digital revolution therefore provides a significant opportunity to gain a richer and deeper insight into the very nature and evolution of the human experience itself thus affording a more legitimate platform upon which policy deliberations can be articulated. This data driven decision making, once the monopoly of private institutions such as The World Economic Forum and The McKinsey Institute [28] has now emerged at the forefront of the public policy discourse. Civil society has also expressed an eagerness to be more actively involved in the collection of real-time data after having perceived its benefits. This is evidenced by the emergence of 'crowd sourcing'[29] and other 'participatory sensing' [30] efforts that are founded upon the commonalities shared by like minded communities of individuals. This is being done on easily accessible platforms such as mobile phone interfaces, hand-held radio devices and geospatial technologies. [31]

The predictive nature of patterns identifiable from big data is extremely relevant for the purpose of developing socio-economic policies that seek to bridge problem-solution gaps and create a conducive environment for growth and development. Mobile phone technology has been able to quantify human behavior on an unprecedented scale.[32] This includes being able to detect changes in standard commuting patterns of individuals based on their employment status[33] and estimating a country's GDP in real-time by measuring the nature and extent of light emissions through remote sensing. [34]

A recent research study has concluded that "due to the relative frequency of certain queries being highly correlated with the percentage of physician visits in which individuals present influenza symptoms, it has been possible to accurately estimate the levels of influenza activity in each region of the United States, with a reporting lag of just a day." Online data has thus been used as a part of syndromic surveillance efforts also known as infodemiology. [35] The US Centre for Disease Control has concluded that mining vast quantities of data through online health related queries can help detect disease outbreaks " before they have been confirmed through a diagnosis or a laboratory confirmation." [36] Google trends works in a similar way.

Another public health monitoring system known as the Healthmap project compiles seemingly fragmented data from news articles, social media, eye-witness reports and expert discussions based on validated studies to "achieve a unified and comprehensive view of the current global state of infectious diseases" that may be visualized on a map. [37]

Big Data used for development purpose can reduce the reliance on human inputs thus narrowing the room for error and ensuring the accuracy of information collected upon which policy makers can base their decisions.

(ii) Advocacy and Social Change

Due to the ability of Big Data to provide an unprecedented depth of detail on particular issues, it has often been used as a vehicle of advocacy to highlight various issues in great detail. This makes it possible to ensure that citizens are provided with a far more participative experience, capturing their attention and hence better communicating these problems. Numerous websites have been able to use this method of crowd sourcing to broadcast socially relevant issues[38]. Moreover, the massive increase in access to the internet has dramatically improved the scope for activism through the use of volunteered data due to which advocates can now collect data from volunteers more effectively and present these issues in various forums. Websites like Ushahidi[39] and the Black Monday Movement [40] being prime examples of the same. These platforms have championed various causes, consistently exposing significant social crises' that would otherwise go unnoticed.

The Ushahidi application used crowd sourcing mechanisms in the aftermath of the Haiti earthquake to set up a centralized messaging system that allowed mobile phone users to provide information on injured and trapped people.[41] An analysis of the data showed that the concentration of text messages was correlated with the areas where there was an increased concentration of damaged buildings. [42] Patrick Meier of Ushahidi noted "These results were evidence of the system's ability to predict, with surprising accuracy and statistical significance, the location and extent of structural damage post the earthquake." [43]

Another problem that data advocacy hopes to tackle, however, is that of too much exposure, with advocates providing information to various parties to help ensure that there exists no unwarranted digital surveillance and that sensitive advocacy tools and information are not used inappropriately. An interesting illustration of the same is The Tactical Technology Collective[44] that hopes to improve the use of technology by activists and various other political actors. The organization, through various mediums such as films, events etc. hopes to train activists regarding data protection and privacy awareness and skills among human rights activists. Additionally, Tactical Technology also assists in ensuring that information is used in an appealing and relevant manner by human rights activists and in the field of capacity building for the purposes of data advocacy.

Observed data such as mobile phone records generated through network operators as well as through the use of social media are beginning to embody an omnipotent role in the development of academia through detailed research. This is due to the ability of this data to provide microcosms of information within both contexts of finer granularity and over larger public spaces. In the wake of natural disasters, this can be extremely useful, as reflected by the work of Flowminder after the 2010 Haiti earthquake.[45] A similar string of interpretive analysis can be carried out in instances of conflict and crises over varying spans of time. Flowminder used the geospatial locations of 1.9 million subscriber identity modules in Haiti, beginning 42 days before the earthquake and 158 days after it. This information allowed researches to empirically determine the migration patterns of population post the earthquake and enabled a subsequent UNFPA household survey.[46] In a similar capacity, the UN Global Pulse is seeking to assist in the process of consultation and deliberation on the specific targets of the millennium development goals through a framework of visual analytics that represent the big data procured on each of the topics proposed for the post- 2015 agenda online.[47]

A recent announcement of collaboration between RTI International, a non-profit research organization and IBM research lab looks promising in its initiative to utilize big data analytics in schools within Mombasa County, Kenya.[48] The partnership seeks to develop testing systems that would capture data that would assist governments, non-profit organizations and private enterprises in making more informed decisions regarding the development of education and human resources within the region. Äs observed by Dr. Kamal Bhattacharya, The Vice President of IBM Research, "A significant lack of data on Africa in the past has led to misunderstandings regarding the history, economic performance and potential of the government." The project seeks to improve transparency and accountability within the schooling system in more than 100 institutions across the county. The teachers would be equipped with tablet devices to collate the data about students, classrooms and resources. This would allow an analysis of the correlation between the three aspects thus enabling better policy formulation and a more focused approach to bettering the school system. [49] This is a part of the United States Agency for International Development's Education Data for Decision Making (EdData II) project. According to Dr Kommy Weldemariam, Research Scientist , IBM Research, "… there has been a significant struggle in making informed decisions as to how to invest in and improve the quality and content of education within Sub-Saharan Africa. The Project would create a school census hub which would enable the collection of accurate data regarding performance, attendance and resources at schools. This would provide valuable insight into the building of childhood development programs that would significantly impact the development of an efficient human capital pool in the near future."[50]

A similar initiative has been undertaken by Apple and IBM in the development of the "Student Achievement App" which seeks to use this data for "content analysis of student learning". The Application as a teaching tool that analyses the data provided to develop actionable intelligence on a per-student basis." [51] This would give educators a deeper understanding of the outcome of teaching methodologies and subsequently enable better leaning. The impact of this would be a significant restructuring of how education is delivered. At a recent IBM sponsored workshop on education held in India last year , Katharine Frase, IBM CTO of Public Sector predicted that "classrooms will look significantly different within a decade than they have looked over the last 200 years."[52]

(iii) Access and the exchange of information

Big data used for development serves as an important information intermediary that allows for the creation of a unified space within which unstructured heterogeneous data can be efficiently organized to create a collaborative system of information. New interactive platforms enable the process of information exchange though an internal vetting and curation that ensures accessibility to reliable and accurate information. This encourages active citizen participation in the articulation of demands from the government, thus enabling the actualization of the role of the electorate in determining specific policy decisions.

The Grameen Foundation's AppLab in Kampala aids in the development of tools that can use the information from micro financing transactions of clients to identify financial plans and instruments that would be be more suitable to their needs.[53] Thus, through working within a community, this technology connects its clients in a web of information sharing that they both contribute to and access after the source of the information has been made anonymous. This allows the individual members of the community to benefit from this common pool of knowledge. The AppLab was able to identify the emergence of a new crop pest from an increase in online searches for an unusual string of search terms within a particular region. Using this as an early warning signal, the Grameen bank sent extension officers to the location to check the crops and the pest contamination was dealt with effectively before it could spread any further.[54]

(iv) Accountability and Transparency

Big data enables participatory contributions from the electorate in existing functions such as budgeting and communication thus enabling connections between the citizens, the power brokers and elites. The extraction of information and increasing transparency around data networks is also integral to building a self-sustaining system of data collection and analysis. However it is important to note that this information collected must be duly analyzed in a responsible manner. Checking the veracity of the information collected and facilitating individual accountability would encourage more enthusiastic responses from the general populous thus creating a conducive environment to elicit the requisite information. The effectiveness of the policies formulated by relying on this information would rest on the accuracy of such information.

An example of this is Chequeado, a non-profit Argentinean media outlet that specializes in fact-checking. It works on a model of crowd sourcing information on the basis of which it has fact checked everything from the live presidential speech to congressional debates that have been made open to the public. [55] It established a user friendly public database, DatoCHQ, in 2014 which allowed its followers to participate in live fact-checks by sending in data, which included references, facts, articles and questions, through twitter. [56] This allowed citizens to corroborate the promises made by their leaders and instilled a sense of trust in the government.

III. Big Data and Smart Cities in the Global South

Smart cities have become a buzzword in South Asia, especially after the Indian government led by Prime Minister Narendra Modi made a commitment to build 100 smart cities in India[57]. A smart city is essentially designed as a hub where the information and communication technologies (ICT) are used to create feedback loops with an almost minimum time gap. In traditional contexts, surveys carried out through a state sponsored census were the only source of systematic data collection. However these surveys are long drawn out processes that often result in a drain on State resources. Additionally, the information obtained is not always accurate and policy makers are often hesitant to base their decisions on this information. The collection of data can however be extremely useful in improving the functionality of the city in terms of both the 'hard' or physical aspects of the infrastructural environment as well as the 'soft' services it provides to citizens. One model of enabling this data collection, to this effect, is a centrally structured framework of sensors that may be able to determine movements and behaviors in real-time, from which the data obtained can be subsequently analyzed. For example, sensors placed under parking spaces at intersections can relay such information in short spans of time. South Korea has managed to implement a similar structure within its smart city, Songdo.[58]

Another approach to this smart city model is using crowd sourced information through apps, either developed by volunteers or private conglomerates. These allow for the resolving of specific problems by organizing raw data into sets of information that are attuned to the needs of the public in a cohesive manner. However, this system would require a highly structured format of data sets, without which significantly transformational result would be difficult to achieve.[59]

There does however exist a middle ground, which allows the beneficiaries of this network, the citizens, to take on the role of primary sensors of information. This method is both cost effective and allows for an experimentation process within which an appropriate measure of the success or failure of the model would be discernible in a timely manner. It is especially relevant in fast growing cities that suffer congestion and breakdown of infrastructure due to the unprecedented population growth. This population is now afforded with the opportunity to become a part of the solution.

The principle challenge associated with extracting this Big Data is its restricted access. Most organizations that are able to collect this big data efficiently are private conglomerates and business enterprises, who use this data to give themselves a competitive edge in the market, by being able to efficiently identify the needs and wants of their clientele. These organizations are reluctant to release information and statistics because they fear it would result in them losing their competitive edge and they would consequently lose the opportunity to benefit monetarily from the data collected. Data leaks would also result in the company getting a bad name and its reputation could be significantly hampered. Despite the individual anonymity, the transaction costs incurred in ensuring the data of their individual customers is protected is often an expensive process. In addition to this there is a definite human capital gap resulting from the significant lack of scientists and analysts to interpret raw data transmitted across various channels.

(i) Big Data in Urban Planning

Urban planning would require data that is reflective of the land use patterns of communities, combined with their travel descriptions and housing preferences. The mobility of individuals is dependent on their economic conditions and can be determined through an analysis of their purchases, either via online transactions or from the data accumulated by prominent stores. The primary source of this data is however mobile phones, which seemed to have transcend economic barriers. Secondary sources include cards used on public transport such as the Oyster card in London and the similar Octopus card used in Hong Kong. However, in most developing countries these cards are not available for public transport systems and therefore mobile network data forms the backbone of data analytics. An excessive reliance on the data collected through Smart phones could however be detrimental, especially in developing countries, simply because the usage itself would most likely be concentrated amongst more economically stable demographics and the findings from this data could potentially marginalize the poor.[60]

Mobile network big data (MNBD) is generated by all phones and includes CDRs, which are obtained from calls or texts that are sent or received, internet usage, topping up a prepaid value and VLR or Visitor Location Registry data which is generated whenever the phone is question has power. It essentially communicates to the Base Transceiver Stations (BSTs) that the phone is in the coverage area. The CDR includes records of calls made, duration of the call and information about the device. It is therefore stored for a longer period of time. The VLR data is however larger in volume and can be written over. Both VLR and CDR data can provide invaluable information that can be used for urban planning strategies. [61] LIRNEasia, a regional policy and regulation think-tank has carried out an extensive study demonstrating the value of MNBD in SriLanka.[62] This has been used to understand and sometimes even monitor land use patterns, travel patterns during peak and off seasons and the congregation of communities across regions. This study was however only undertaken after the data had been suitably pseudonymised.[63] The study revealed that MNBD was incredibly valuable in generating important information that could be used by policy formulators and decision makers, because of two primary characteristics. Firstly, it comes close to a comprehensive coverage of the demographic within developing countries, thus using mobile phones as sensors to generate useful data. Secondly, people using mobile phones across vast geographic areas reflect important information regarding patterns of their travel and movement. [64]

MNBD allows for the tracking and mapping of changes in population densities on a daily basis, thus identifying 'home' and 'work' locations, informing policy makers of population congestion so that thy may be able to formulate policies with respect to easing this congestion. According to Rohan Samarajiva, founding chair of LIRNEasia, "This allows for real-time insights on the geo-spatial distribution of population, which may be used by urban planners to create more efficient traffic management systems."^{^[65]} This can also be used for the developmental economic policies. For example, the northern region of Colombo, a region inhabited by the low income families shows a lower population density on weekdays. This is reflective of the large numbers travelling to southern Colombo for employment. ^{^[66]}Similarly, patterns of land use can be ascertained by analyzing the various loading patterns of base stations. Building on the success of the Mobile Data analysis project in SriLanka LIRNEasia plans to collaborate with partners in India and Bangladesh to assimilate real time information about the behavioral tendencies of citizens, using which policy makers may be able to make informed decisions. When this data is combined with user friendly virtual platforms such as smartphone Apps or web portals, it can also help citizens make informed choices about their day to day activities and potentially beneficial long term decisions. ^{^[67]}

Challenges of using Mobile Network Data

Mobile networks invest significant sums of money in obtaining information regarding usage patterns of their services. Consequently, they may use this data to develop location based advertizing. In this context, there is a greater reluctance to share data for public purposes. Allowing access to one operator's big data by another could result in significant implications on the other with respect to the competitive advantage shared by the operator. A plausible solution to this conundrum is the accumulation of data from multiple sources without separating or organizing it according to the source it originates from. There is thus a lesser chance of sensitive information of one company being used by another. However, even operators do have concerns about how the data would be handled before this "mashing up" occurs and whether it might be leaked by the research organization itself. LIRNEasia used comprehensive non-disclosure agreements to ensure that the researchers who worked with the data were aware of the substantial financial penalties that may be imposed on them for data breaches. The access to the data was also restricted. [68]

Another line of argumentation advocates for the open sharing of data. A recent article in the Economist has articulated this in the context of the Ebola outbreak in West Africa. " Releasing the data, though, is not just a matter for firms since people's privacy is involved. It requires governmental action as well. Regulators in each affected country would have to order operators to make their records accessible to selected researchers, who through legal agreements would only be allowed to use the data in a specific manner. For example, Orange, a major mobile phone network operator has made millions of CDRs from Senegal and The Ivory Coast available for researchers for their use under its Data Development Initiative. However the Political will amongst regulators and Network operators to do this seems to be lacking."[69]

It would therefore be beneficial for companies to collaborate with the customers who create the data and the researchers who want to use it to extract important insights. This however would require the creation of and subsequent adherence to self regulatory codes of conduct. [70] In addition to this cooperation between network operators will assist in facilitating the transference of the data of their customers to research organizations. Sri Lanka is an outstanding example of this model of cooperation which has enabled various operators across spectrums to participate in the mobile-money enterprise.[71]

(ii) Big Data and Government Delivery of Services and Functions

The analysis of Data procured in real time has proven to be integral to the formulation of policies, plans and executive decisions. Especially in an Asian context, Big data can be instrumental in urban development, planning and the allocation of resources in a manner that allows the government to keep up with the rapidly growing demands of an empowered population whose numbers are on an exponential rise. Researchers have been able to use data from mobile networks to engage in effective planning and management of infrastructure, services and resources. If, for example, a particular road or highway has been blocked for a particular period of time an alternative route is established before traffic can begin to build up creating a congestion, simply through an analysis of information collected from traffic lights, mobile networks and GPS systems.[72]

There is also an emerging trend of using big data for state controlled services such as the military. The South Korean Defense Minister Han Min Koo, in his recent briefing to President Park Geun-hye reflected on the importance of innovative technologies such as Big Data solutions. [73]

The Chinese government has expressed concerns regarding data breaches and information leakages that would be extremely dangerous given the exceeding reliance of governments on big data. A security report undertaken by Qihoo 360, China's largest software security provider established that 2,424 of the 17,875 Web security loopholes were on government websites. Considering the blurring line between government websites and external networks, it has become all the more essential for authorities to boost their cyber security protections.[74]

The Japanese government has considered investing resources in training more data scientists who may be able to analyze the raw data obtained from various sources and utilize requisite techniques to develop an accurate analysis. The Internal Affairs and Communication Ministry planned to launch a free online course on big data, the target of which would be corporate workers as well as government officials.[75]

Data analytics is emerging as an efficient technique of monitoring the public transport management systems within Singapore. A recent collaboration between IBM, StarHub, The Land Transport Authority and SMRT initiated a research study to observe the movement of commuters across regions. ^{^[76]} This has been instrumental in revamping the data collection systems already in place and has allowed for the procurement of additional systems of monitoring.^{^[77]} The idea is essentially to institute a "black box" of information for every operational unit that allows for the relaying of real-time information from sources as varied as power switches, tunnel sensors and the wheels, through assessing patterns of noise and vibration. ^{^[78]}

In addition to this there are numerous projects in place that seek to utilize Big Data to improve city life. According to Carlo Ritti, Director of the MIT Senseable City Lab, "We are now able to analyze the pulse of a city from moment to moment. Over the past decade, digital technologies have begun to blanket our cities, forming the backbone of a large, intelligent infrastructure." ^{^[79]} The professor of Information Architecture and Founding Director of the Singapore ETH Centre, Gerhart Schmitt has observed that "the local weather has a major impact on the behavior of a population." In this respect the centre is engaged in developing a range of visual platforms to inform citizens on factors such as air quality which would enable individuals to make everyday choices such as what route to take when planning a walk or predict a traffic jam. ^{^[80]} Schmitt's team has also been able to arrive at a pattern that connects the demand for taxis with the city's climate. The amalgamation of taxi location with rainfall data has been able to help locals hail taxis during a storm. This form of data can be used in multiple ways allowing the visualization of temperature hotspots based on a "heat island" effect where buildings, cars and cooling units cause a rise in temperature. ^{^[81]}

Microsoft has recently entered into a partnership with the Federal University of Minas Gerais, one of the largest universities in Brazil to undertake a research project that could potentially predict traffic jams up to an hour in advance. ^{^[82]} The project attempts to analyze information from transport departments, road traffic cameras and drivers social network profiles to identify patterns that they could use to help predict traffic jams approximately 15 to 60 minutes before they actually happen.^{^[83]}

In anticipation of the increasing demand for professionals with requisite training in data sciences, the Malaysian Government has planned to increase the number of local data scientists from the present 80 to 1500 by 2020, through the support of the universities within the country.

IV. Big Data and the Private Sector in the Global South

Essential considerations in the operations of Big Data in the Private sector in the Asia Pacific region have been extracted by a comprehensive survey carried out by the Economist Intelligence Unit.[84] Over 500 executives across the Asia Pacific region were surveyed, from across industries representing a diverse range of functions. 69% of these companies had an annual turnover of over US $500m. The respondents were senior managers responsible for taking key decisions with regard to investment strategies and the utilization of big data for the same.

The results of the Survey conclusively determined that firms in the Asia Pacific region have had limited success with implementing Big Data Practices. A third of the respondents claimed to have an advanced knowledge of the utilization of big data while more than half claim to have made limited progress in this regard. Only 9% of the Firms surveyed cited internal barriers to implementing big data practices. This included a significant difficulty in enabling the sharing of information across boundaries. Approximately 40% of the respondents surveyed claimed they were unaware of big data strategies, even if they had in fact been in place simply because these had been poorly communicated to them. Almost half of the firms however believed that big data plays an important role in the success of the firm and that it can contribute to increasing revenue by 25% or more.

Numerous obstacles in the adoption of big data were cited by the respondents. These include the lack of suitable software to interpret the data and the lack of in-house skills to analyze the data appropriately. In addition to this, the lack of willingness on the part of various departments to share their data for the fear of a breach or leak was thought to be a major hindrance. This combined with a lack of communication between the various departments and exceedingly complicated reports that cannot be analyzed given the limited resources and lack of human capital qualified enough to carry out such an analysis, has resulted in an indefinite postponement of any policy propounding the adoption of big data practices.

Over 59% of the firms surveyed agreed that collaboration is integral to innovation and that information silos are a huge hindrance within a knowledge based economy. There is also a direct correlation between the size of the company and its progress in adopting big data, with larger firms adopting comprehensive strategies more frequently than smaller ones. A major reason for this is that large firms with substantially greater resources are able to actualize the benefits of big data analytics more efficiently than firms with smaller revenues. These businesses which have advanced policies in place outlining their strategies with respect to their reliance on big data are also more likely to communicate these strategies to their employees to ensure greater clarity in the process.

The use of big data was recently voted as the "best management practice" of the past year according to a cumulative ranking published by Chief Executive China Magazine, a Trade journal published by Global Sources on 13th January, 2015 in Beijing. The major benefit cited was the real-time information sourced from customers, which allows for direct feedback from clients when making decisions regarding changes in products or services. [85]

A significant contributor to the lack of adequate usage of data analytics is the belief that a PhD is a prerequisite for entering the field of data science. This misconception was pointed out by Richard Jones, vice president of Cloudera in the Australia, New Zealand and the Asean region. Cloudera provides businesses with the requisite professional services that they may need to effectively utilize Big Data. This includes a combination of the necessary manpower, technology and consultancy services.^{^[86]} Deepak Ramanathan, the chief technology officer, SAS Asia Pacific believes that this skill gap can be addressed by forming data science teams within both governments and private enterprises. These teams could comprise of members with statistical, coding and business skills and allow them to work in a collaborative manner to address the problem at hand.^{^[87]} SAS is an Enterprise Software Giant that creates tools tailored to suit business users to help them interpret big data. Eddie Toh, the planning and marketing manager of Intel's data center platform believes that businesses do not necessarily need data scientists to be able to use big data analytics to their benefit and can in fact outsource the technical aspects of the interpretation of this data as and when required.^{^[88]}

The analytical team at Dell has forged a partnership with Brazilian Public Universities to facilitate the development of a local talent pool in the field of data analytics. The Instituto of Data Science (IDS) will provide training methodologies for in person or web based classes. ^{^[89]} The project is being undertaken by StatSoft, a subsidiary of Dell that was acquired by the technology giant last year. ^{^[90]}

V. Conclusion

There have emerged numerous challenges in the analysis and interpretation of Big Data. While it presents an extremely engaging opportunity, which has the potential to transform the lives of millions of individuals, inform the private sector and influence government, the actualization of this potential requires the creation of a sustainable foundational framework ; one that is able to mitigate the various challenges that present themselves in this context.

A colossal increase in the rate of digitization has resulted in an unprecedented increment in the amount of Big Data available, especially through the rapid diffusion cellular technology. The importance of mobile phones as a significant source of data, especially in low income demographics cannot be overstated. This can be used to understand the needs and behaviors of large populations, providing an in depth insight into the relevant context within which valuable assessments as to the competencies, suitability and feasibilities of various policy mechanisms and legal instruments can be made. However, this explosion of data does have a lasting impact on how individuals and organizations interact with each other, which might not always be reflected in the interpretation of raw data without a contextual understanding of the demographic. It is therefore vital to employ the appropriate expertise in assessing and interpreting this data. The significant lack of a human resource to capital to analyze this information in an accurate manner poses a definite challenge to its effective utilization in the Global South.

The legal and technological implications of using Big Data are best conceptualized within the deliberations on protecting the privacy of the contributors to this data. The primary producers of this information, from across platforms, are often unaware that they are in fact consenting to the subsequent use of the data for purposes other than what was intended. For example people routinely accept terms and conditions of popular applications without understanding where or how the data that they inadvertently provide will be used.[91] This is especially true of media generated on social networks that are increasingly being made available on more accessible platforms such as mobile phones and tablets. Privacy has and always will remain an integral pillar of democracy. It is therefore essential that policy makers and legislators respond effectively to possible compromises of privacy in the collection and interpretation of this data through the institution of adequate safeguards in this respect.

Another challenge that has emerged is the access and sharing of this data. Private corporations have been reluctant to share this data due to concerns about potential competitors being able to access and utilize the same. In addition to this, legal considerations also prevent the sharing of data collected from their customers or users of their services. The various technical challenges in storing and interpreting this data adequately also prove to be significant impediments in the collection of data. It is therefore important that adequate legal agreements be formulated in order to facilitate a reliable access to streams of data as well as access to data storage facilities to accommodate for retrospective analysis and interpretation.

In order for the use of Big Data to gain traction, it is important that these challenges are addressed in an efficient manner with durable and self-sustaining mechanisms of resolving significant obstructions. The debates and deliberations shaping the articulation of privacy concerns and access to such data must be supported with adequate tools and mechanisms to ensure a system of "privacy-preserving analysis." The UN Global Pulse has put forth the concept of data philanthropy to attempt to resolve these issues, wherein " corporations [would] take the initiative to anonymize (strip out all personal information) their data sets and provide this data to social innovators to mine the data for insights, patterns and trends in realtime or near realtime."[92]

The concept of data philanthropy highlights particular challenges and avenues that may be considered for future deliberations that may result in specific refinements to the process.

One of the primary uses of Big Data, especially in developing countries is to address important developmental issues such as the availability of clean water, food security, human health and the conservation of natural resources. Effective Disaster management has also emerged as one of the key functions of Big Data. It therefore becomes all the more important for organizations to assess the information supply chains pertaining to specific data sources in order to identify and prioritize the issues of data management. [93] Data emerging from different contexts, across different sources may appear in varied compositions and would differ significantly across economic demographics. The Big Data generated from certain contexts would be inefficient due to the unavailability of data within certain regions and the resulting studies affecting policy decisions should take into account this discrepancy. This data unavailability has resulted in a digital divide which is especially prevalent in the global south. [94]

Appropriate analysis of the Big Data generated would provide a valuable insight into the key areas and inform policy makers with respect to important decisions. However, it is necessary to ensure that the quality of this data meets a specific standard and appropriate methodological processes have been undertaken to interpret and analyze this data. The government is a key actor that can shape the ecosystem surrounding the generation, analysis and interpretation of big data. It is therefore essential that governments of countries across the global south recognize the need to collaborate with civic organizations as well technical experts in order to create appropriate legal frameworks for the effective utilization of this data.

[1] Onella, Jukka- Pekka. "Social Networks and Collective Human Behavior." UN Global Pulse. 10 Nov.2011. <http://www.unglobalpulse.org/node/14539>

[2] http://www.business2community.com/big-data/evaluating-big-data-predictive-analytics-01277835

[3] Ibid

[4] http://unglobalpulse.org/sites/default/files/BigDataforDevelopment-UNGlobalPulseJune2012.pdf

[5] Ibid, p.13, pp.5

[6] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011. <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[7] Helbing, Dirk , and Stefano Balietti. "From Social Data Mining to Forecasting Socio-Economic Crises." Arxiv (2011) 1-66. 26 Jul 2011 http://arxiv.org/pdf/1012.0178v5.pdf.

[8] Manyika, James, Michael Chui, Brad Brown, Jacques Bughin, Richard Dobbs, Charles Roxburgh andAngela H. Byers. "Big data: The next frontier for innovation, competition, and productivity." McKinsey

Global Institute (2011): 1-137. May 2011.

[9] "World Population Prospects, the 2010 Revision." United Nations Development Programme. <http://esa.un.org/unpd/wpp/unpp/panel_population.htm>

[10] Mobile phone penetration, measured by Google, from the number of mobile phones per 100 habitants, was 96% in Botswana, 63% in Ghana, 66% in Mauritania, 49% in Kenya, 47% in Nigeria, 44% in Angola, 40% in Tanzania (Source: Google Fusion Tables)

[11] http://www.brookings.edu/blogs/africa-in-focus/posts/2015/04/23-big-data-mobile-phone-highway-sy

[12] Ibid

[13] <http://www.google.com/fusiontables/Home/>

[14] "Global Internet Usage by 2015 [Infographic]." Alltop. <http://holykaw.alltop.com/global-internetusage-by-2015-infographic?tu3=1>

[15] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011 <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[16] Ibid

[17] Ibid

[18] Ibid

[19] Goetz, Thomas. "Harnessing the Power of Feedback Loops." Wired.com. Conde Nast Digital, 19 June 2011. <http://www.wired.com/magazine/2011/06/ff_feedbackloop/all/1>.

[20] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011. <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[21] Bollier, David. The Promise and Peril of Big Data. The Aspen Institute, 2010. <http://www.aspeninstitute.org/publications/promise-peril-big-data>

[22] Ibid

[23] Eagle, Nathan and Alex (Sandy) Pentland. "Reality Mining: Sensing Complex Social Systems",Personal and Ubiquitous Computing, 10.4 (2006): 255-268.

[24] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011. <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[25] OECD, Future Global Shocks, Improving Risk Governance, 2011

[26] "Economy: Global Shocks to Become More Frequent, Says OECD." Organisation for Economic Cooperationand Development. 27 June. 2011.

[27] Friedman, Jed, and Norbert Schady. How Many More Infants Are Likely to Die in Africa as a Result of the Global Financial Crisis? Rep. The World Bank <http://siteresources.worldbank.org/INTAFRICA/Resources/AfricaIMR_FriedmanSchady_060209.pdf>

[28] Big data: The next frontier for innovation, competition, and productivity. McKinsey Global Institute,June 2011<http://www.mckinsey.com/mgi/publications/big_data/pdfs/MGI_big_data_full_report.pdf>

[29] The word "crowdsourcing" refers to the use of non-official actors ("the crowd") as (free) sources of information, knowledge and services, in reference and opposition to the commercial practice of

outsourcing. "

[30] Burke, J., D. Estrin, M. Hansen, A. Parker, N. Ramanthan, S. Reddy and M.B. Srivastava. ParticipatorySensing. Rep. Escholarship, University of California, 2006. <http://escholarship.org/uc/item/19h777qd>.

[31] "Crisis Mappers Net-The international Network of Crisis Mappers." <http://crisismappers.net>, http://haiti.ushahidi.com and Goldman et al., 2009

[32] Alex Pentland cited in "When There's No Such Thing As Too Much Information". The New York Times.23 Apr. 2011<http://www.nytimes.com/2011/04/24/business/24unboxed.html?_r=1&src=tptw>.

[33] Nathan Eagle also cited in "When There's No Such Thing As Too Much Information". The New YorkTimes. 23 Apr. 2011. <http://www.nytimes.com/2011/04/24/business/24unboxed.html?_r=1&src=tptw>.

[34] Helbing and Balietti. "From Social Data Mining to Forecasting Socio-Economic Crisis."

[35] Eysenbach G. Infodemiology: tracking flu-related searches on the Web for syndromic surveillance.AMIA (2006)<http://yi.com/home/EysenbachGunther/publications/2006/eysenbach2006cinfodemiologyamia proc.pdf>

[36] Syndromic Surveillance (SS)." Centers for Disease Control and Prevention. 06 Mar. 2012.<http://www.cdc.gov/ehrmeaningfuluse/Syndromic.html>.

[37] Health Map <http://healthmap.org/en/>

[38] see www.detective.io

[39] www.ushahidi.com

[40] www.facebook.com/BlackMondayMovement

[41] Ushahidi is a nonprofit tech company that was developed to map reports of violence in Kenya followingthe 2007 post-election fallout. Ushahidi specializes in developing "free and open source software for

information collection, visualization and interactive mapping." <http://ushahidi.com>

[42] Conducted by the European Commission's Joint Research Center against data on damaged buildingscollected by the World Bank and the UN from satellite images through spatial statistical techniques.

[43] www.ushahidi.com

[44] See https://tacticaltech.org/

[45] see www. flowminder.org

[46] Ibid

[47] http://post2015.unglobalpulse.net/

[48] http://allafrica.com/stories/201507151726.html

[49] Ibid

[50] Ibid

[51] http://www.computerworld.com/article/2948226/big-data/opinion-apple-and-ibm-have-big-data-plans-for-education.html

[52] Ibid

[53] http://www.grameenfoundation.org/where-we-work/sub-saharan-africa/uganda

[54] Ibid

[55] http://chequeado.com/

[56] http://datochq.chequeado.com/

[57] Times of India (2015): "Chandigarh May Become India's First Smart City," 12 January, http://timesofi ndia.indiatimes.com/india/Chandigarh- may-become-Indias-fi rst-smart-city/articleshow/ 45857738.cms

[58] http://www.cisco.com/web/strategy/docs/scc/ioe_citizen_svcs_white_paper_idc_2013.pdf

[59] Townsend, Anthony M (2013): Smart Cities: Big Data, Civic Hackers and the Quest for a New Utopia, New York: WW Norton.

[60] See "Street Bump: Help Improve Your Streets" on Boston's mobile app to collect data on roadconditions, http://www.cityofboston.gov/DoIT/ apps/streetbump.asp

[61] Mayer-Schonberger, V and K Cukier (2013): Big Data: A Revolution That Will Transform How We Live, Work, and Think, London: John Murray.

[62] http://www.epw.in/review-urban-affairs/big-data-improve-urban-planning.html

[63] Ibid

[64] Newman, M E J and M Girvan (2004): "Finding and Evaluating Community Structure in Networks,"Physical Review E, American Physical Society, Vol 69, No 2.

[65] http://www.sundaytimes.lk/150412/sunday-times-2/big-data-can-make-south-asian-cities-smarter-144237.html

[66] Ibid

[67] Ibid

[68] http://www.epw.in/review-urban-affairs/big-data-improve-urban-planning.html

[69] GSMA (2014): "GSMA Guidelines on Use of Mobile Data for Responding to Ebola," October, http:// www.gsma.com/mobilefordevelopment/wpcontent/ uploads/2014/11/GSMA-Guidelineson-

protecting-privacy-in-the-use-of-mobilephone- data-for-responding-to-the-Ebola-outbreak-_ October-2014.pdf

[70] An example of the early-stage development of a self-regulatory code may be found at http:// lirneasia.net/2014/08/what-does-big-data-sayabout- sri-lanka/

[71] See "Sri Lanka's Mobile Money Collaboration Recognized at MWC 2015," http://lirneasia. net/2015/03/sri-lankas-mobile-money-colloboration- recognized-at-mwc-2015/

[72] http://www.thedailystar.net/big-data-for-urban-planning-57593

[73] http://koreaherald.com , 19/01/2015

[74] http://www.news.cn/, 25/11/2014

[75] http://the-japan-news.com , 20/01/2015

[76] http://www.todayonline.com/singapore/can-big-data-help-tackle-mrt-woes

[77] Ibid

[78] Ibid

[79] http://edition.cnn.com/2015/06/24/tech/big-data-urban-life-singapore/

[80] Ibid

[81] Ibid

[82] http://venturebeat.com/2015/04/03/how-microsofts-using-big-data-to-predict-traffic-jams-up-to-an-hour-in-advance/

[83] Ibid

[84] https://www.hds.com/assets/pdf/the-hype-and-the-hope-summary.pdf

[85] http://www.news.cn , 14/01/2015

[86] http://www.techgoondu.com/2015/06/29/plugging-the-big-data-skills-gap/

[87] Ibid

[88] Ibid

[89] http://www.zdnet.com/article/dell-to-create-big-data-skills-in-brazil/

[90] Ibid

[91] Efrati, Amir. "'Like' Button Follows Web Users." The Wall Street Journal. 18 May 2011.

<http://online.wsj.com/article/SB10001424052748704281504576329441432995616.html>

[92] Krikpatrick, Robert. "Data Philanthropy: Public and Private Sector Data Sharing for Global Resilience."

UN Global Pulse. 16 Sept. 2011. <http://www.unglobalpulse.org/blog/data-philanthropy-public-privatesector-data-sharing-global-resilience>

[93] Laney D (2001) 3D data management: Controlling data volume, velocity and variety. Available at: http://blogs. gartner.com/doug-laney/files/2012/01/ad949-3D-DataManagement-Controlling-Data-Volume-Velocity-andVariety.pdf

[94] Boyd D and Crawford K (2012) Critical questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon. Information, Communication, & Society 15(5): 662-679.

For more details visit https://cis-india.org/internet-governance/blog/big-data-in-the-global-south-an-analysis

A Critique of Consent in Information Privacy

Amber Sinha and Scott Mason — 2016-01-18T02:20:10Z

The idea of informed consent in privacy law is supposed to ensure the autonomy of an individual in any exercise which involves sharing of the individual's personal information. Consent is usually taken through a document, a privacy notice, signed or otherwise agreed to by the participant.

Notice and Consent as cornerstone of privacy law
The privacy notice, which is the primary subject of this article, conveys all pertinent information, including risks and benefits to the participant, and in the possession of such knowledge, they can make an informed choice about whether to participate or not.

Most modern laws and data privacy principles seek to focus on individual control. In this context, the definition by the late Alan Westin, former Professor of Public Law & Government Emeritus, Columbia University, which characterises privacy as "the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to other," ^{^[1]} is most apt. The idea of privacy as control is what finds articulation in data protection policies across jurisdictions beginning from the Fair Information Practice Principles (FIPP) from the United States. ^{^[2]} Paul Schwarz, the Jefferson E. Peyser Professor at UC Berkeley School of Law and a Director of the Berkeley Center for Law and Technology, called the FIPP the building blocks of modern information privacy law. ^{^[3]} These principles trace their history to a report called 'Records, Computers and Rights of Citizens'^{^[4]} prepared by an Advisory Committee appointed by the US Department of Health, Education and Welfare in 1973 in response to the increasing automation in data systems containing information about individuals. The Committee's mandate was to "explore the impact of computers on record keeping about individuals and, in addition, to inquire into, and make recommendations regarding, the use of the Social Security number."^{^[5]} The most important legacy of this report was the articulation of five principles which would not only play a significant role in the privacy laws in US but also inform data protection law in most privacy regimes internationally^{^[6]} like the OECD Privacy Guidelines, the EU Data Protection Principles, the FTC Privacy Principles, APEC Framework or the nine National Privacy Principles articulated by the Justice A P Shah Committee Report which are reflected in the Privacy Bill, 2014 in India. Fred Cate, the C. Ben Dutton Professor of Law at the Indiana University Maurer School of Law, effectively summarises the import of all of these privacy regimes as follows:

"All of these data protection instruments reflect the same approach: tell individuals what data you wish to collect or use, give them a choice, grant them access, secure those data with appropriate technologies and procedures, and be subject to third-party enforcement if you fail to comply with these requirements or individuals' expressed preferences"^{^[7]}

This makes the individual empowered and allows them to weigh their own interests in exercising their consent. The allure of this paradigm is that in one elegant stroke, it seeks to "ensure that consent is informed and free and thereby also to implement an acceptable tradeoff between privacy and competing concerns."^{^[8]} This system was originally intended to be only one of the multiple ways in data processing would be governed, along with other substantive principles such as data quality, however, it soon became the dominant and often the only mechanism.^{^[9]} In recent years however, the emergence of Big Data and the nascent development of the Internet of Things has led many commentators to begin questioning the workability of consent as a principle of privacy. ^{^[10]} In this article we will look closely at the some of issues with the concept of informed consent, and how these notions have become more acute in recent years. Following an analysis of these issues, we will conclude by arguing that today consent, as the cornerstone of privacy law, may in fact be thought of as counter-productive and that a rethinking of a principle based approach to privacy may be necessary.

Problems with Consent

To a certain extent, there are some cognitive problems that have always existed with the issue of informed consent such as long and difficult to understand privacy notices,^{^[11]} although, in recent past with these problems have become much more aggravated. Fred Cate points out that FIPPs at their inception were broad principles which included both substantive and procedural aspects. However, as they were translated into national laws, the emphasis remained on the procedural aspect of notice and consent. From the idea of individual or societal welfare as the goals of privacy, the focus had shifted to individual control.^{^[12]} With data collection occurring with every use of online services, and complex data sets being created, it is humanly impossible to exercise rational decision-making about the choice to allow someone to use our personal data. The thrust of Big Data technologies is that the value of data resides not in its primary purposes but in its numerous secondary purposes where data is re-used many times over. ^{^[13]} In that sense, the very idea of Big Data conflicts with the data minimization principle.^{^[14]} The idea is to retain as much data as possible for secondary uses. Since, these secondary uses are, by their nature, unanticipated, its runs counter to the the very idea of the purpose limitation principle. ^{^[15]} The notice and consent requirement has simply led to a proliferation of long and complex privacy notices which are seldom read and even more rarely understood. We will articulate some issues with privacy notices which have always existed, and have only become more exacerbated in the context of Big Data and the Internet of Things.

1. Failure to read/access privacy notices

The notice and consent principle relies on the ability of the individual to make an informed choice after reading the privacy notice. The purpose of a privacy notice is to act as a public announcement of the internal practices on collection, processing, retention and sharing of information and make the user aware of the same.^{^[16]} However, in order to do so the individual must first be able to access the privacy notices in an intelligible format and read them. Privacy notices come in various forms, ranging from documents posted as privacy policies on a website, to click through notices in a mobile app, to signs posted in public spaces informing about the presence of CCTV cameras. ^{^[17]}

In order for the principle of notice and consent to work, the privacy notices need to be made available in a language understood by the user. As per estimates, about 840 million people (11% of the world population) can speak or understand English. However, most privacy notices online are not available in the local language in different regions.^{^[18]} Further, with the ubiquity of smartphones and advent of Internet of Things, constrained interfaces on mobile screens and wearables make the privacy notices extremely difficult to read. It must be remembered that privacy notices often run into several pages, and smaller screens effectively ensure that most users do not read through them. Further, connected wearable devices often have "little or no interfaces that readily permit choices." ^{^[19]} As more and more devices are connected, this problem will only get more pronounced. Imagine in a world where refrigerators act as the intermediary disclosing information to your doctor or supermarket, at what point does the data subject step in and exercise consent.^{^[20]}

Another aspect that needs to be understood is that unlike earlier when data collectors were far and few in between, the user could theoretically make a rational choice taking into account the purpose of data collection. However, in the world of Big Data, consent often needs to be provided while the user is trying to access services. In that context click through privacy notices such as those required to access online application, are treated simply as an impediment that must be crossed in order to get access to services. The fact that the consent need to be given in real time almost always results in disregarding what the privacy notices say.^{^[21]}

Finally, some scholars have argued that while individual control over data may be appealing in theory, it merely gives an illusion of enhanced privacy but not the reality of meaningful choice.^{^[22]} Research demonstrates that the presence of the term 'privacy policy' leads people to the false assumption that if a company has a privacy policy in place, it automatically means presence of substantive and responsible limits on how data is handled.^{^[23]} Joseph Turow, the Robert Lewis Shayon Professor of Communication at the Annenberg School for Communication, and his team for example has demonstrated how "[w]hen consumers see the term 'privacy policy,' they believe that their personal information will be protected in specific ways; in particular, they assume that a website that advertises a privacy policy will not share their personal information."^{^[24]} In reality, however, privacy policies are more likely to serve as liability disclaimers for companies than any kind of guarantee of privacy for consumers. Most people tend to ignore privacy policies.^{^[25]} Cass Sunstein states that our cognitive capacity to make choices and take decisions is limited. When faced with an overwhelming number of choices to make, most of us do not read privacy notices and resort to default options.[26] The requirement to make choices, sometimes several times in a day, imposes significant burden on the consumers as well the business seeking such consent. ^{^[27]}

2. Failure to understand privacy notices

FTC chairperson Edith Ramirez stated: "In my mind, the question is not whether consumers should be given a say over unexpected uses of their data; rather, the question is how to provide simplified notice and choice."^{^[28]} Privacy notices often come in the form of long legal documents much to the detriment of the readers' ability to understand them. These policies are "long, complicated, full of jargon and change frequently."^{^[29]} Kent walker list five problems that privacy notices typically suffer from - a) overkill - long and repetitive text in small print, b) irrelevance - describing situations of little concern to most consumers, c) opacity - broad terms the reflect the truth that is impossible to track and control all the information collected and stored, d) non-comparability - simplification required to achieve comparability will lead to compromising accuracy, and e) inflexibility - failure to keep pace with new business models.^{^[30]} Erik Sherman did a review of twenty three corporate privacy notices and mapped them against three indices which give approximate level of education necessary to understand text on a first read. His results show that most of policies can only be understood on the first read by people of a grade level of 15 or above. ^{^[31]} FTC Chairperson Timothy Muris summed up the problem with long privacy notices when he said, "Acres of trees died to produce a blizzard of barely comprehensible privacy notices." ^{^[32]}

Margaret Jane Radin, the former Henry King Ransom Professor of Law Emerita at the University of Michigan, provides a good definition of free consent. It "involves a knowing understanding of what one is doing in a context in which it is actually

possible for or to do otherwise, and an affirmative action in doing something, rather

than a merely passive acquiescence in accepting something."^{^[33]} There have been various proposals advocating a more succinct and simpler standard for privacy notices,^{^[34]} or multi-layered notices^{^[35]} or representing the information in the form of a table. ^{^[36]} However, studies show only an insignificant improvement in the understanding by consumers when privacy policies are represented in graphic formats like tables and labels. ^{^[37]} It has also been pointed out that it is impossible to convey complex data policies in simple and clear language.^{^[38]}

3. Failure to anticipate/comprehend the consequences of consent

Today's infinitely complex and labyrinthine data ecosystem is beyond the comprehension of most ordinary users. Despite a growing willingness to share information online, most have no understanding of what happens to their data once they have uploaded it - Where it goes? Whom it is held by? Under what conditions? For what purpose? Or how might it be used, aggregated, hacked, or leaked in the future? For the most part, the above operations are "invisible, managed at distant centers, from behind the scenes, by unmanned powers."^{^[39]}

The perceived opportunities and benefits of Big Data have led to an acceptance of the indiscriminate collection of as much data as possible as well as the retention of that data for unspecified future analysis. For many advocates, such practices are absolutely essential if Big Data is to deliver on its promises.. Experts have argued that key privacy principles particularly those of collection limitation, data minimization and purpose limitation should not be applied to Big Data processing.^{^[40]} As mentioned above, in the case of Big Data, the value of the data collected comes often not from its primary purpose but from its secondary uses. Deriving value from datasets involves amalgamating diverse datasets and executing speculative and exploratory kinds of analysis in order to discover hidden insights and correlations that might have previously gone unnoticed.^{^[41]} As such organizations are today routinely reprocessing data collected from individuals for purposes not directly related to the services they provide to the customer. These secondary uses of data are becoming increasingly valuable sources of revenue for companies as the value of data in and of itself continues to rise. ^{^[42]}

Purpose Limitation

The principle of purpose limitation has served as a key component of data protection for decades. Purposes given for the processing of users' data should be given at the time of collection and consent and should be "specified, explicit and legitimate". In practice however, reasons given typically include phrases such as, 'for marketing purposes' or 'to improve the user experience' that are vague and open to interpretation. ^{^[43]}

Some commentators whilst conceding the fact that purpose limitation in the era of Big Data may not be possible have instead attempted to emphasise the notion of 'compatible use' requirements. In the view of Working Party on the protection of individuals with regard to the processing of person data, for example, use of data for a purpose other than that originally stated at the point of collection should be subject to a case-by-case review of whether not further processing for different purpose is justifiable - i.e., compatible with the original purpose. Such a review may take into account for example, the context in which the data was originally collected, the nature or sensitivity of the data involved, and the existence of relevant safeguards to insure fair processing of the data and prevent undue harm to the data subject.^{^[44]}

On the other hand, Big Data advocates have argued that an assessment of legitimate interest rather than compatibility with the initial purpose is far better suited to Big Data processing.^{^[45]} They argue that today the notion of purpose limitation has become outdated. Whereas previously data was collected largely as a by-product of the purpose for which it was being collected. If for example, we opted to use a service the information we provided was for the most part necessary to enable the provision of that service. Today however, the utility of data is no longer restricted to the primary purpose for which it is collected but can be used to provide all kinds of secondary services and resources, reduce waste, increase efficiency and improve decision-making.^{^[46]} These kinds of positive externalities, Big Data advocates insist, are only made possible by the reprocessing of data.

Unfortunately for the notion of consent the nature of these secondary purposes are rarely evident at the time of collection. Instead the true value of the data can often only be revealed when it is amalgamated with other diverse datasets and subjected to various forms of analysis to help reveal hidden and non-obvious correlations and insights.^{^[47]} The uncertain and speculative value of data therefore means that it is impossible to provide "specific, explicit, and legitimate" details about how a given data set will be used or how it might be aggregated in future. Without this crucial information data subjects have no basis upon which they can make an informed decision about whether or not to provide consent. Robert Sloan and Richard Warner argue that it is impossible for a privacy notice to contain enough information to enable free consent. They argue that current data collection practices are highly complex and that these practices involve collection of information at one stage for one purpose and then retain, analyze, and distribute it for a variety of other purposes in unpredictable ways. ^{^[48]} Helen Nissenbaum points to the ever changing nature of data flow and the cognitive challenges it poses. "Even if, for a given moment, a

snapshot of the information flows could be grasped, the realm is in constant flux, with new firms entering the picture, new analytics, and new back end contracts forged: in other words, we are dealing with a recursive capacity that is indefinitely extensible." ^{^[49]}

Scale and Aggregation

Today the quantity of data being generated is expanding at an exponential rate. From smartphones and televisions, trains and airplanes, sensor-equipped buildings and even the infrastructures of our cities, data now streams constantly from almost every sector and function of daily life, 'creating countless new digital puddles, lakes, tributaries and oceans of information'.^{^[50]} In 2011 it was estimated that the quantity of data produced globally would surpass 1.8 zettabytes , by 2013 that had grown to 4 zettabytes , and with the nascent development of the Internet of Things gathering pace, these trends are set to continue. ^{^[51]} Big Data by its very nature requires the collection and processing of very large and very diverse data sets. Unlike other forms scientific research and analysis which utilize various sampling techniques to identify and target the types of data most useful to the research questions, Big Data instead seeks to gather as much data as possible, in order to achieve full resolution of the phenomenon being studied, a task made much easier in recent years as a result of the proliferation of internet enabled devices and the growth of the Internet of Things. This goal of attaining comprehensive coverage exists in tension however with the key privacy principles of collection limitation and data minimization which seek to limit both the quantity and variety of data collected about an individual to the absolute minimum. ^{^[52]}

The dilution of the purpose limitation principle entails that even those who understand privacy notices and are capable of making rational choices about it, cannot conceptualize how their data will be aggregated and possibly used or re-used. Seemingly innocuous bits of data revealed at different stages could be combined to reveal sensitive information about the individual. Daniel Solove, the John Marshall Harlan Research Professor of Law at the George Washington University Law School, in his book, "The Digital Person", calls it the aggregation effect. He argues that the ingenuity of the data mining techniques and the insights and predictions that could be made by it render any cost-benefit analysis that an individual could make ineffectual. ^{^[53]}

4. Failure to opt-out

The traditional choice against the collection of personal data that users have had access to, at least in theory, is the option to 'opt-out' of certain services. This draws from the free market theory that individuals exercise their free will when they use services and always have the option of opting out, thus, arguing against regulation but relying on the collective wisdom of the market to weed out harms. The notion that the provision of data should be a matter of personal choice on the part of the individual and that the individual can, if they chose decide to 'opt-out' of data collection, for example by ceasing use of a particular service, is an important component of privacy and data protection frameworks. The proliferation of internet-enabled devices, their integration into the built environment and the real-time nature of data collection and analysis however are beginning to undermine this concept. For many critics of Big Data, the ubiquity of data collection points as well as the compulsory provision of data as a prerequisite for the access and use of many key online services, is making opting-out of data collection not only impractical but in some cases impossible. ^{^[54]}

Whilst sceptics may object that individuals are still free to stop using services that require data. As online connectivity becomes increasingly important to participation in modern life, the choice to withdraw completely is becoming less of a genuine choice. ^{^[55]} Information flows not only from the individuals it is about but also from what other people say about them. Financial transactions made online or via debit/credit cards can be analysed to derive further information about the individual. If opting-out makes you look anti-social, criminal, or unethical, the claims that we are exercising free will seems murky and leads one to wonder whether we are dealing with coercive technologies.

Another issue with the consent and opt-out paradigm is the binary nature of the choice. This binary nature of consent makes a mockery of the notion that consent can function as an effective tool of personal data management. What it effectively means is that one can either agree with the long privacy notices, or choose to abandon the desired service. "This binary choice is not what the privacy architects envisioned four decades ago when they imagined empowered individuals making informed decisions about the processing of their personal data. In practice, it certainly is not the optimal mechanism to ensure that either information privacy or the free flow of information is being protected." ^{^[56]}

Conclusion: 'Notice and Consent' is counter-productive

There continues to be an unwillingness amongst many privacy advocates to concede that the concept of consent is fundamentally broken, as Simon Davies, a privacy advocate based in London, comments 'to do so could be seen as giving ground to the data vultures', and risks further weakening an already dangerously fragile privacy framework.^{^[57]} Nevertheless, as we begin to transition into an era of ubiquitous data collection, evidence is becoming stronger that consent is not simply ineffective, but may in some instances might be counter-productive to the goals of privacy and data protection.

As already noted, the notion that privacy agreements produce anything like truly informed consent has long since been discredited; given this fact, one may ask for whose benefit such agreements are created? One may justifiably argue that far from being for the benefit and protection of users, privacy agreement may in fact be fundamentally to the benefit of data brokers, who having gained the consent of users can act with near impunity in their use of the data collected. Thus, an overly narrow focus on the necessity of consent at the point of collection, risks diverting our attention from the arguably more important issue of how our data is stored, analysed and distributed by data brokers following its collection. ^{^[58]}

Furthermore, given the often complicated and cumbersome processes involved in gathering consent from users, some have raised concerns that the mechanisms put in place to garner consent could themselves morph into surveillance mechanisms. Davies, for example cites the case of the EU Cookie Directive, which required websites to gain consent for the collection of cookies. Davies observes how, 'a proper audit and compliance element in the system could require the processing of even more data than the original unregulated web traffic. Even if it was possible for consumers to use some kind of gateway intermediary to manage the consent requests, the resulting data collection would be overwhelming''. Thus in many instances there exists a fundamental tension between the requirement placed on companies to gather consent and the equally important principle of data minimization. ^{^[59]}

Given the above issues with notice and informed consent in the context of information privacy, and the fact that it is counterproductive to the larger goals of privacy law, it is important to revisit the principle or rights based approach to data protection, and consider a paradigm shift where one moves to a risk based approach that takes into account the actual threats of sharing data rather than relying on what has proved to be an ineffectual system of individual control. We will be dealing with some of these issues in a follow up to this article.

^{^[1]} Alan Westin, Privacy and Freedom, Atheneum, New York, 2015.

^{^[2]} FTC Fair Information Practice Principles (FIPP) available at https://www.it.cornell.edu/policies/infoprivacy/principles.cfm.

^{^[3]} Paul M. Schwartz, "Privacy and Democracy in Cyberspace," 52 Vanderbilt Law Review 1607, 1614 (1999).

^{^[4]} US Secretary's Advisory Committee on Automated Personal Data Systems, Records, Computers and the Rights of Citizens, available at http://www.justice.gov/opcl/docs/rec-com-rights.pdf

^{^[5]} https://epic.org/privacy/ppsc1977report/c13.htm .

^{^[6]} Marc Rotenberg, "Fair Information Practices and the Architecture of Privacy: What Larry Doesn't Get," available at https://journals.law.stanford.edu/sites/default/files/stanford-technology-law-review/online/rotenberg-fair-info-practices.pdf

^{^[7]} Fred Cate, The Failure of Information Practice Principles, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1156972

^{^[8]} Robert Sloan and Richard Warner, Beyong Notice and Choice: Privacy, Norms and Consent, 2014, available at https://www.suffolk.edu/documents/jhtl_publications/SloanWarner.pdf

^{^[9]} Fred Cate, Viktor Schoenberger, Notice and Consent in a world of Big Data, available at http://idpl.oxfordjournals.org/content/3/2/67.abstract

^{^[10]} Daniel Solove, Privacy self-management and consent dilemma, 2013 available at http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2093&context=faculty_publications

^{^[11]} Ben Campbell, Informed consent in developing countries: Myth or Reality, available at https://www.dartmouth.edu/~ethics/docs/Campbell_informedconsent.pdf ;

^{^[12]} Supra Note 7.

^{^[13]} Viktor Mayer Schoenberger and Kenneth Cukier, Big Data: A Revolution that will transform how we live, work and think" John Murray, London, 2013 at 153.

^{^[14]} The Data Minimization principle requires organizations to limit the collection of personal data to the minimum extent necessary to obtain their legitimate purpose and to delete data no longer required.

^{^[15]} Omer Tene and Jules Polonetsky, "Big Data for All: Privacy and User Control in the Age of Analytics," SSRN Scholarly Paper, available at http://papers.ssrn.com/abstract=2149364

^{^[16]} Florian Schaub, R. Balebako et al, "A Design Space for effective privacy notices" available at https://www.usenix.org/system/files/conference/soups2015/soups15-paper-schaub.pdf

^{^[17]} Daniel Solove, The Digital Person: Technology and Privacy in the Information Age, NYU Press, 2006.

^{^[18]} http://www.ethnologue.com/statistics/size

^{^[19]} Opening Remarks of FTC Chairperson Edith Ramirez Privacy and the IoT: Navigating Policy Issues International Consumer Electronics Show Las Vegas, Nevada January 6, 2015 available at https://www.ftc.gov/system/files/documents/public_statements/617191/150106cesspeech.pdf

^{^[20]} http://www.privacysurgeon.org/blog/incision/why-the-idea-of-consent-for-data-processing-is-becoming-meaningless-and-dangerous/

^{^[21]} Supra Note 10.

^{^[22]} Supra Note 7.

^{^[23]} Chris Jay Hoofnagle & Jennifer King, Research Report: What Californians Understand

About Privacy Online, available at http://ssrn.com/abstract=1262130

^{^[24]} Joseph Turrow, Michael Hennesy, Nora Draper, The Tradeoff Fallacy, available at https://www.asc.upenn.edu/sites/default/files/TradeoffFallacy_1.pdf

^{^[25]} Saul Hansell, "Compressed Data: The Big Yahoo Privacy Storm That Wasn't," New York Times, May 13, 2002 available at http://www.nytimes.com/2002/05/13/business/compressed-data-the-big-yahoo-privacy-storm-that-wasn-t.html?_r=0

[26] Cass Sunstein, Choosing not to choose: Understanding the Value of Choice, Oxford University Press, 2015.

^{^[27]} For example, Acxiom, processes more than 50 trillion data transactions a year. http://www.nytimes.com/2012/06/17/technology/acxiom-the-quiet-giant-of-consumer-database-marketing.html?pagewanted=all&_r=0

^{^[28]} Opening Remarks of FTC Chairperson Edith Ramirez Privacy and the IoT: Navigating Policy Issues International Consumer Electronics Show Las Vegas, Nevada January 6, 2015 available at https://www.ftc.gov/system/files/documents/public_statements/617191/150106cesspeech.pdf

^{^[29]} L. F. Cranor. Necessary but not sufficient: Standardized mechanisms for privacy notice and choice. Journal on Telecommunications and High Technology Law, 10:273, 2012, available at http://jthtl.org/content/articles/V10I2/JTHTLv10i2_Cranor.PDF

^{^[30]} Kent Walker, The Costs of Privacy, 2001 available at https://www.questia.com/library/journal/1G1-84436409/the-costs-of-privacy

^{^[31]} Erik Sherman, "Privacy Policies are great - for Phds", CBS News, available at http://www.cbsnews.com/news/privacy-policies-are-great-for-phds/

^{^[32]} Timothy J. Muris, Protecting Consumers' Privacy: 2002 and Beyond, available at http://www.ftc.gov/speeches/muris/privisp1002.htm

^{^[33]} Margaret Jane Radin, Humans, Computers, and Binding Commitment, 1999 available at http://www.repository.law.indiana.edu/ilj/vol75/iss4/1/

^{^[34]} Annie I. Anton et al., Financial Privacy Policies and the Need for Standardization, 2004 available at https://ssl.lu.usi.ch/entityws/Allegati/pdf_pub1430.pdf; Florian Schaub, R. Balebako et al, "A Design Space for effective privacy notices" available at https://www.usenix.org/system/files/conference/soups2015/soups15-paper-schaub.pdf

^{^[35]} The Center for Information Policy Leadership, Hunton & Williams LLP, "Ten Steps To Develop A Multi-Layered Privacy Notice" available at https://www.informationpolicycentre.com/files/Uploads/Documents/Centre/Ten_Steps_whitepaper.pdf

^{^[36]} Allen Levy and Manoj Hastak, Consumer Comprehension of Financial Privacy Notices, Interagency Notice Project, available at https://www.sec.gov/comments/s7-09-07/s70907-21-levy.pdf

^{^[37]} Patrick Gage Kelly et al., Standardizing Privacy Notices: An Online Study of the Nutrition Label Approach available at https://www.ftc.gov/sites/default/files/documents/public_comments/privacy-roundtables-comment-project-no.p095416-544506-00037/544506-00037.pdf

^{^[38]} Howard Latin, "Good" Warnings, Bad Products, and Cognitive Limitations, 41 UCLA Law Review available at https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=41+UCLA+L.+Rev.+1193&key=1c15e064a97759f3f03fb51db62a79a5

^{^[39]} Jonathan Obar, Big Data and the Phantom Public: Walter Lippmann and the fallacy of data privacy self management, Big Data and Society, 2015, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2239188

^{^[40]} Viktor Mayer Schoenberger and Kenneth Cukier, Big Data: A Revolution that will transform how we live, work and think" John Murray, London, 2013.

^{^[41]} Supra Note 15.

^{^[42]} Supra Note 40.

^{^[43]} Article 29 Working Party, (2013) Opinion 03/2013 on Purpose Limitation, Article 29, available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2013/wp203_en.pdf

^{^[44]} Ibid.

^{^[45]} It remains unclear however whose interest would be accounted, existing EU legislation would allow commercial/data broker/third party interests to trump those of the user, effectively allowing re-processing of personal data irrespective of whether that processing would be in the interest of the user.

^{^[46]} Supra Note 40.

^{^[47]} Supra Note 10.

^{^[48]} Robert Sloan and Richard Warner, Beyong Notice and Choice: Privacy, Norms and Consent, 2014, available at https://www.suffolk.edu/documents/jhtl_publications/SloanWarner.pdf

^{^[49]} Helen Nissenbaum, A Contextual Approach to Privacy Online, available at http://www.amacad.org/publications/daedalus/11_fall_nissenbaum.pdf

^{^[50]} D Bollier, The Promise and Peril of Big Data. The Aspen Institute, 2010, available at: http://www.aspeninstitute.org/sites/default/files/content/docs/pubs/The_Promise_and_Peril_of_Big_Data.pdf

^{^[51]} Meeker, M. & Yu, L. Internet Trends, Kleiner Perkins Caulfield Byers, (2013), http://www.slideshare.net/kleinerperkins/kpcb-internet-trends-2013 .

^{^[52]} Supra Note 40.

^{^[53]} Supra Note 17.

^{^[54]} Janet Vertasi, My Experiment Opting Out of Big Data Made Me Look Like a Criminal, 2014, available at http://time.com/83200/privacy-internet-big-data-opt-out/

^{^[55]} Ibid.

^{^[56]} http://www.techpolicy.com/NoticeConsent-inWorldBigData.aspx

^{^[57]} Simon Davies, Why the idea of consent for data processing is becoming meaningless and dangerous, available at http://www.privacysurgeon.org/blog/incision/why-the-idea-of-consent-for-data-processing-is-becoming-meaningless-and-dangerous/

^{^[58]} Supra Note 10.

^{^[59]} Simon Davies, Why the idea of consent for data processing is becoming meaningless and dangerous, available at http://www.privacysurgeon.org/blog/incision/why-the-idea-of-consent-for-data-processing-is-becoming-meaningless-and-dangerous/

For more details visit https://cis-india.org/internet-governance/blog/a-critique-of-consent-in-information-privacy

Human Rights in the Age of Digital Technology: A Conference to Discuss the Evolution of Privacy and Surveillance

Amber Sinha — 2016-01-11T02:12:49Z

The Centre for Internet and Society organised a conference in roundtable format called ‘Human Rights in the Age of Digital Technology: A Conference to discuss the evolution of Privacy and Surveillance. The conference was held at Indian Habitat Centre on October 30, 2015. The conference was designed to be a forum for discussion, knowledge exchange and agenda building to draw a shared road map for the coming months.

In India, the Right to Privacy has been interpreted to mean an individual's’ right to be left alone. In the age of massive use of Information and Communications Technology, it has become imperative to have this right protected. The Supreme Court has held in a number of its decisions that the right to privacy is implicit in the fundamental right to life and personal liberty under Article 21 of the Indian Constitution, though Part III does not explicitly mention this right. The Supreme Court has identified the right to privacy most often in the context of state surveillance and introduced the standards of compelling state interest, targetted surveillance and oversight mechanism which have been incorporated in the forms of rules under the Indian Telegraph Act, 1885. Of late, privacy concerns have gained importance in India due to the initiation of national programmes like the UID Scheme, DNA Profiling, the National Encryption Policy, etc. attracting criticism for their impact on the right to privacy. To add to the growing concerns, the Attorney General, Mukul Rohatgi argued in the ongoing Aadhaar case that the judicial position on whether the right to privacy is a fundamental right is unclear and has questioned the entire body of jurisprudence on right to privacy in the last few decades.

Participation

The roundtable saw participation from various civil society organisation such as Centre for Communication Governance, The Internet Democracy Project, as well as individual researchers like Dr. Usha Ramanathan and Colonel Mathew.

Introductions

Vipul Kharbanda, Consultant, CIS made the introductions and laid down the agenda for the day. Vipul presented a brief overview of the kind of work of CIS is engaged in around privacy and surveillance, in areas including among others, the Human DNA Profiling Bill, 2014, the Aadhaar Project, the Privacy Bill and surveillance laws in India. It was also highlighted that CIS was engaged in work in the field of Big Data in light of the growing voices wanting to use Big Data in the Smart Cities projects, etc and one of the questions was to analyse whether the 9 Privacy Principles would still be valid in a Big Data and IoT paradigm.

The Aadhaar Case

Dr. Usha Ramanathan began by calling the Aadhaar project an identification project as opposed to an identity project. She brought up various aspects of project ranging from the myth of voluntariness, the strong and often misleading marketing that has driven the project, the lack of mandate to collect biometric data and the problems with the technology itself. She highlighted inconsistencies, irrationalities and lack of process that has characterised the Aadhaar project since its inception. A common theme that she identified in how the project has been run was the element of ad-hoc-ness about many important decisions taken on a national scale and migrating from existing systems to the Aadhaar framework. She particularly highlighted the fact that as civil society actors trying to make sense of the project, an acute problem faced was the lack of credible information available. In that respect, she termed it as ‘powerpoint-driven project’ with a focus on information collection but little information available about the project itself. Another issue that Dr. Ramanathan brought up was that the lack of concern that had been exhibited by most people in sharing their biometric information without being aware of what it would be used, was in some ways symptomatic of they way we had begun to interact with technology and willingly giving information about ourselves, with little thought. Dr Ramanathan’s presentation detailed the response to the project from various quarters in the form of petitions in different high courts in India, how the cases were received by the courts and the contradictory response from the government at various stages. Alongside, she also sought to place the Aadhaar case in the context of various debates and issues, like its conflict with the National Population Register, exclusion, issues around ownership of data collected, national security implications and impact on privacy and surveillance. Aside from the above issues, Dr. Ramanathan also posited that the kind of flat idea of identity envisaged by projects like Aadhaar is problematic in that it adversely impacts how people can live, act and define themselves. In summation, she termed the behavior of the government as irresponsible for the manner in which it has changed its stand on issues to suit the expediency of the moment, and was particularly severe on the Attorney General raising questions about the existence of a fundamental right to privacy and casually putting in peril jurisprudence on civil liberties that has evolved over decades.

Colonel Mathew concurred with Dr. Ramanathan that the Aadhaar Project was not about identity but about identification. Prasanna developed on this further saying that while identity was a right unto the individual, identification was something done to you by others. Colonel Mathew further presented a brief history of the Aadhaar case, and how the significant developments over the last few years have played out in the courts. One of the important questions that Colonel Mathew addressed was the claim of uniqueness made by the UID project. He pointed to research conducted by Hans Varghese Mathew which analysed the data on biometric collection and processing released by the UID and demonstrated that there was a clear probability of a duplication in 1 out of every 97 enrolments. He also questioned the oft-repeated claim that UID would give identification to those without it and allow them to access welfare schemes. In this context, he pointed at the failures of the introducer system and the fact that only 0.03% of those registered have been enrolled through the introducer system. Colonel Mathew also questioned the change in stance by the ruling party, BJP which had earlier declared that the UID project should be scrapped as it was a threat to national security. According to him, the prime mover of the scheme were corporate interests outside the country interested in the data to be collected. This, he claimed created very serious risks to the national security. Prasanna further added to this point stating that while, on the face of it, some of the claims of threats to national security may sound alarmist in nature, if one were to critically study the manner in which the data had collected for this project, the concerns appeared justified.

The Draft Encryption Policy

Amber Sinha, Policy Officer at CIS, made a presentation on the brief appearance of the Draft Encryption Policy which was released in October this year, and withdrawn by the government within a day. Amber provided an overview of the policy emphasising on clauses around limitations on kind of encryption algorithms and key sizes individuals and organisations could use and the ill-advised procedures that needed to be followed. After the presentation, the topic was opened for discussion. The initial part of the discussion was focussed on specific clauses that threatened privacy and could serve the ends of enabling greater surveillance of the electronic communications of individuals and organisations, most notably having an exhaustive list of encryption algorithms, and the requirement to keep all encrypted communication in plain text format for a period of 90 days. We also attempted to locate the draft policy in the context of privacy debates in India as well as the global response to encryption. Amber emphasised that while mandating minimum standards of encryption for communication between government agencies may be a honorable motive, as it is concerned with matters of national security, however when this is extended to private parties and involved imposes upward thresholds on the kinds of encryption they can use, it stems from the motive of surveillance. Nayantara, of The Internet Democracy Project, pointed out that there had been global push back against encryption by governments in various countries like US, Russia, China, Pakistan, Israel, UK, Tunisia and Morocco. In India also, the IT Act places limits on encryption. Her points stands further buttressed by the calls against encryption in the aftermath of the terrorist attacks in Paris last month.

It also intended to have a session on the Human DNA Profiling Bill led by Dr. Menaka Guruswamy. However, due to certain issues in scheduling and paucity of time, we were not able to have the session.

Questions Raised

On Aadhaar, some of the questions raised included the question of applicability of the Section 43A, IT Act rules to the private parties involved in the process. The issue of whether Aadhaar can be tool against corruption was raised by Vipul. However, Colonel Mathew demonstrated through his research that issues like corruption in the TPDS system and MNREGA which Aadhaar is supposed to solve, are not effectively addressed by it but that there were simpler solutions to these problems.

Ranjit raised questions about the different contexts of privacy, and referred to the work of Helen Nissenbaum. He spoke about the history of freely providing biometric information in India, initially for property documents and how it has gradually been used for surveillance. He argued has due to this tradition, many people in India do not view sharing of biometric information as infringing on their privacy. Dipesh Jain, student at Jindal Global Law School pointed to challenges like how individual privacy is perceived in India, its various contexts, and people resorting to the oft-quoted dictum of ‘why do you want privacy if you have nothing to hide’. In the context, it is pertinent to mention the response of Edward Snowden to this question who said, “Arguing that you don't care about the right to privacy because you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say.” Aakash Solanki, researcher

Vipul and Amber also touched upon the new challenges that are upon us in a world of Big Data where traditional ways to ensure data protection through data minimisation principle and the methods like anonymisation may not work. With advances in computer science and mathematics threatening to re-identify anonymized datasets, and more and more reliances of secondary uses of data coupled with the inadequacy of the idea of informed consent, a significant paradigm shift may be required in how we view privacy laws.

A number of action items going forward were also discussed, where different individuals volunteered to lead research on issues like the UBCC set up by the UIDAI, GSTN, the first national data utility, looking the recourses available to individual where his data is held by parties outside India’s jurisdiction.

For more details visit https://cis-india.org/internet-governance/blog/human-rights-in-the-age-of-digital-technology-a-conference-to-discuss-the-evolution-of-privacy-and-surveillance

December 2015 Bulletin

praskrishna — 2016-01-13T14:07:01Z

Our newsletter for the month of December 2015 is below.

The Centre for Internet & Society (CIS) is happy to share the twelfth issue of CIS newsletter (December 2015). Previous editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

Highlights
The 4th edition of the Global Congress themed around "Three Decades of Openness, Two Decades of TRIPS" was organized in New Delhi from December 15 - 17, 2015. The largest ever in Asia, the Congress was jointly organised by CIS, NLU-D, Open A.I.R., CREATe, Columbia University and American University. Nehaa Chaudhari summarized the developments of the 4th Global Congress on IP and the Public Interest in a blog post that was originally published on the Global Congress blog. Sunil Abraham wrote a blog entry stating the institutional position of CIS on the Net Neutrality discussion going on in India. Catch News interviewed Sunil Abraham about the recent advertisement by Facebook titled "What Net Neutrality Activists won't Tell You or, the Top 10 Facts about Free Basics" . Sunil argued against the validity of all the 'top 10 facts'. Odia author and cultural historian Jagannath Prasad Das has recently permitted 30 volumes of his notable works to be re-license under an open license (Creative Commons Share-Alike 4.0 or CC-BY-SA 4.0) . Subhashish Panigrahi wrote a blog post on this in Discover Bhubaneswar, a web portal in Odisha. CIS has established institutional partnerships with University of Mysore and Guru G Learning Labs for furthering Wikipedia growth. Tanveer Hasan analyses the developments and lists out the possible future plans in this regard. CIS along with Observer Research Foundation, Centre for Global Communication Studies, Annenberg School for Communication, University of Pennsylvania, and Internet Policy Observatory organized an event in New Delhi on Net Neutrality across South Asia . Today the quantity of data being generated is expanding at an exponential rate. From smartphones and televisions, trains and airplanes, sensor-equipped buildings and even the infrastructures of our cities, data now streams constantly from almost every sector and function of daily life, stated Scott Mason in a blog post. The Government of India is in the process of developing 100 smart cities in India which it sees as the key to the country's economic and social growth. Vanya Rakesh gave an overview of the Smart Cities project currently underway in India in a blog post. For the second part of the Smart City podcast series, Sruthi Krishnan and Harsha K from Fields of View spoke with Sumandro Chattapadhyay on data, people, and smart cities. Fields of View has produced and shared the recording. An extended survey of digital initiatives in arts and humanities practices in India was undertaken last year. The 'mapping digital humanities in India' enquiry began with the term 'digital humanities' itself, as a 'found' name for which one needs to excavate some meaning, context, and location in India at the present moment. P.P Sneha published the third,fourth, and fifth sections of the study this month. The RAW programme has initiated a new annual conference series titled Internet Researchers' Conference (IRC). The first edition of the Conference, organised around the theme of "studying internet in India" will be held in Delhi in February 2016

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Accessibility and Inclusion
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Under a grant from the Hans Foundation we are doing a project on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

Monthly Updates

● December 2015 Report (Suman Dogra; December 31, 2015).

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Access to Knowledge
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As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Copyright and Patent

Blog Entries

Abuse of Dominant Position in Indian Competition Law: A Brief Guide (Sarthak Sood; December 9, 2015).
GCIP2015: Notes from the Inaugural Session (Spadika Jayaraj; SpicyIP; December 14, 2015).
GCIP Day 1 Session 3: Challenges in Re-Articulating Public Interest (Spadika Jayaraj; SpicyIP; December 17, 2015).
GCIP 15 Day 2: Discussions on Health Technology, Innovation and Access (Spadika Jayaraj; SpicyIP; December 17, 2015).
Guidelines for Examination of Computer Related Inventions in abeyance (Anubha Sinha; Anubha Sinha; December 21, 2015).
4th Global Congress on IP and the Public Interest: Statement of Conclusion for the IP and Development track (Nehaa Chaudhari; December 25, 2015). This was also published on the Global Congress Blog.

Event Organized

Global Congress on Intellectual Property and the Public Interest (Organized by National Law University, Delhi, American Assembly, Columbia University, Open A.I.R., American University, and CIS; New Delhi, December 15 - 17, 2015).

Participation in Event

CODE Session (Organized by IDRC; December 17, 2015; New Delhi). Nehaa Chaudhari and Anubha Sinha participated in the event.

Media Coverage

NLSIU Conference on Access to Copyrighted Works for Persons with Disability: An enriching experience (Abolee Vaidya and Nuhar Bansal; SINAPSE; December 14, 2015). This is an event report on a one-day national conference on the 'Access to Copyrighted Works for Persons with Disability' for which Pranesh Prakash was a speaker .

►Wikipedia

Articles

30 Books of Odia Author and Historian Jagannath Prasad Das to Come Online on Odia Wikisource (Subhashish Panigrahi; Discover Bhubaneswar; December 4, 2015).
ଓଡ଼ିଆ ଉଇକିପାଠାଗାର (Subhashish Panigrahi; Sambad; December 6, 2015).

Blog Entries

Open access in the Marathi language expands by a thousand books (Subhashish Panigrahi and Abhinav Garule; December 3, 2015). This was published on Wikimedia Blog.
Guru-G Learning Labs and CIS A2K Institutional Partnership (Tanveer Hasan; December 3, 2015).
Community Prioritisation of Content Donation: Kannada Wikisource (Tanveer Hasan; December 5, 2015).
Analysis of Institutional Partnerships: University of Mysore and Guru G Learning Labs (Tanveer Hasan; December 5, 2015).
Touch Point Report: Department of Tourism Studies, Christ University and St. Aloysius College, Mangalore (Tanveer Hasan; December 5, 2015).
TTT 2015 (Tanveer Hasan; December 5, 2015).
Kannada Wikipedia Editathon at Mangaluru (Dr. U.B. Pavanaja; December 29, 2015).

Events Organized

Talk on bringing 1000 books about the culture of Maharashtra on Marathi Wikipedia (The Energy and Resources Institute; Bangalore; December 1, 2015). Avinash Chaphekar, Joint Secretary, Maharashtra Granthottejak Sanstha gave a talk.
Odia Wikimedia community meetup (Organized by Odia Wikipedia Community and CIS; Cuttack; December 3, 2015).
Sau Dhuni Teen Project: December Edit-a-thon (Women's Studies Centre, University of Pune; December 3, 2015).

Participation in Events

Telugu Wikipedia Day 2015, Photo Walk (Organized by Telugu Wikipedians; Dr. YSR State Archaeological Museum, Hyderabad; December 13, 2015). Pavan Santhosh attended the event. One of the popular Telugu news channel TV9 covered the event and telecasted the same. Eenadu published a special item on photo walk on December 13, 2015.
English Wikipedia and the Telugu Wikipedia joint meetup and edit-a-thon (Organized by Wikipedia community; Golden Threshold, Hyderabad; December 20, 2015). The event was covered inSakshi and Andhra Jyoti.

Media Coverage

CIS gave its inputs to the following media coverage:

Post More Articles on Kannada Wikipedia (Indian Express; Mangaluru edition; December 12, 2015).

A Kannada Wikipedia Editathon was conducted in Mangalore on December 10, 2015. The following are the media coverage for the same:

Kannada Wikipedia Editathon (Udayavani; December 7, 2015).
Kannada Wikipedia Editathon (Vijayavani; December 11, 2015).
Kannada Wikipedia Editathon (Vijaya Karnataka; December 11, 2015).
Kannada Wikipedia Editathon (Udayavani; December 11, 2015).
Kannada Wikipedia Editathon (Prajavani; December 10, 2015).
Kannada Wikipedia Editathon (Prajavani; December 13, 2015).

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

►Free Speech and Expression

Interview

Facebook shares 10 key facts about Free Basics. Here's what's wrong with all 10 of them (Shweta Sengar; Catch News; December 24, 2015).

Blog Entry

CIS's Position on Net Neutrality (Sunil Abraham; December 4, 2015).

Event Organized

Net Neutrality across South Asia (Organized by Observer Research Foundation, Centre for Global Communication Studies, Annenberg School for Communication, University of Pennsylvania, Internet Policy Observatory and CIS; New Delhi; December 12, 2015).

Participation in Event

Consultation on "Understanding the Freedom of Expression Online and Offline" (Organized by Digital Empowerment Foundation and Association for Progressive Communications; YMCA, New Delhi; December 10, 2015). Jyoti Panday was a speaker at this event.

►Big Data

Blog Entry

Benefits and Harms of "Big Data" (Scott Mason; December 30, 2015).

►Cyber Security

Blog Entry

Ground Zero Summit (Amber Sinha; December 22, 2015).

Participation in Events

Second Regional Conference on Connectivity for All: Future Technologies, Markets and Regulation (Organized by International Telecommunications Society, IIMA IDEA Telecom Centre of Excellence and Indian Institute of Management, Ahmedabad; New Delhi; December 13 - 15, 2015). Sunil Abraham was a panelist.

Event Organized

Bangalore Chapter Meet - DSCI (CIS, Bangalore; December 1, 2015). CIS hosted the Bangalore Chapter Meet of DSCI. Pronab Mohanty, Inspector General of Police gave a talk on Cybercrimes. Sunil Abraham presented the outcome of his study "Anonymity in Cyberspace".

►Privacy

Blog Entries

UID Research (Vanya Rakesh; December 2, 2015).
DNA Research (Vanya Rakesh; December 2, 2015).
Privacy Policy Research (Vanya Rakesh; December 2, 2015).
Sectoral Privacy Research (Vanya Rakesh; December 2, 2015).
Security Research (Vanya Rakesh; December 3, 2015).
Eight Key Privacy Events in India in the Year 2015 (Amber Sinha; December 31, 2015).

Participation in Events

Kick Off Meeting for the Politics of Data Project (Organized by Tactical Tech; Phnom Penh; December 7-8, 2015). Amber Sinha participated in the event.
Unbundling Issues of Privacy, Data Security, Identity Matrics, for Financial Inclusion (Organized by Indicus Foundation and MicroSave; December 10, 2015; Metropolitan Hotel and Spa, New Delhi). Sunil Abraham was a speaker.

►Miscellaneous

Blog Entry

Smart Cities in India: An Overview (Vanya Rakesh; December 21, 2015).

Participation in Event

Elite Capture of Governance (Organized by Forum for Urban Governance and Commons; December 16, 2015; Bangalore). Vanya Rakesh participated in the event.

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

Articles

The Free Basics debate: Trai has a point in imposing temporary ban on net neutrality (Sunil Abraham; FirstPost; December 24, 2015).
Millions of Indians Slam Facebook's 'Free Basics' App (Subhashish Panigrahi; December 29, 2015).

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

Upcoming Events

A.I. Hype Cycles and Artistic Subversions (CIS, Bangalore; January 22, 2016). Gene Kogan will give a talk.
First Edition of Internet Researchers' Conference (IRC) 2016 - Studying Internet in India: Call for Sessions (Organized by CIS; New Delhi; February 25 - 27, 2016).

Blog Entries

RAW Lecture #01: Nishant Shah on 'Stories and Histories of Internet in India' - Video (P.P. Sneha; December 1, 2015).
FOV Podcast - Data, People, and Smart Cities (Sumandro Chattapadhyay; December 2, 2015).
Reading from a Distance - Data as Text (P.P. Sneha; December 7, 2015).
The Infrastructure Turn in the Humanities (P.P. Sneha; December 7, 2015).
Living in the Archival Moment (P.P. Sneha; December 14, 2015).

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

India's net neutrality debate is unique and complex (Pratap Vikram Singh; Governance Now; December 14, 2015).
Start-up India turns the heat on Facebook Free Basics (Anita Babu; Business Standard; December 22, 2015).
A Scam Masquerading as Santa (Apurva Venkat & Vandana Kamath; Bangalore Mirror; December 25, 2015).
Facebook goes out all guns blazing in push for Free Basics, Net neutrality advocates cry foul (IBN Live; December 29, 2015).
Foreign Media on Zuckerberg's India Backlash (Bhuma Shrivastava; NDTV; December 30, 2015).
Mark Zuckerberg's India backlash imperils vision for free global web (Bhuma Shrivastava; Livemint; December 30, 2015).

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

► Offices

Bengaluru - No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru, 560071. Location on Google Map .

Delhi - First floor, B 1/8, Hauz Khas, near G Block market, after Crunch, New Delhi, 110016. Location on Google Map.

► Follow Us

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

► Support Us

► Request for Collaboration

For more details visit https://cis-india.org/about/newsletters/december-2015-bulletin

Eight Key Privacy Events in India in the Year 2015

Amber Sinha — 2016-01-03T05:43:42Z

As the year draws to a close, we are enumerating some of the key privacy related events in India that transpired in 2015. Much like the last few years, this year, too, was an eventful one in the context of privacy.

While we did not witness, as one had hoped, any progress in the passage of a privacy law, the year saw significant developments with respect to the ongoing Aadhaar case. The statement by the Attorney General, India's foremost law officer, that there is a lack of clarity over whether the right to privacy is a fundamental right, and the fact the the matter is yet unresolved was a huge setback to the jurisprudence on privacy. [1] However, the court has recognised a purpose limitation as applicable into the Aadhaar scheme, limiting the sharing of any information collected during the enrollment of residents in UID. A draft Encryption Policy was released and almost immediately withdrawn in the face of severe public backlash, and an updated Human DNA Profiling Bill was made available for comments. Prime Minister Narendra Modi's much publicised project "Digital India" was in news throughout the year, and it also attracted its' fair share of criticism in light of the lack of privacy safeguards it offered. Internationally, a lawsuit brought by Maximilian Schrems, an Austrian privacy activist, dealt a body blow to the fifteen year old Safe Harbour Framework in place for data transfers between EU and USA. Below, we look at what were, according to us, the eight most important privacy events in India, in 2015.

1. August 11, 2015 order on Aadhaar not being compulsory

In 2012, a writ petition was filed by Judge K S Puttaswamy challenging the government's policy in its attempt to enroll all residents of India in the UID project and linking the Aadhaar card with various government services. A number of other petitioners who filed cases against the Aadhaar scheme have also been linked with this petition and the court has been hearing them together. On September 11, 2015, the Supreme Court reiterated its position in earlier orders made on September 23, 2013 and March 24, 2014 stating that the Aadhaar card shall not be made compulsory for any government services. [2] Building on its earlier position, the court passed the following orders:

a) The government must give wide publicity in the media that it was not mandatory for a resident to obtain an Aadhaar card,

b) The production of an Aadhaar card would not be a condition for obtaining any benefits otherwise due to a citizen,

c) Aadhaar card would not be used for any purpose other than the PDS Scheme, for distribution of foodgrains and cooking fuel such as kerosene and for the LPG distribution scheme.

d) The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.[3]

Despite this being the fifth court order given by the Supreme Court[4] stating that the Aadhaar card cannot be a mandatory requirement for access to government services or subsidies, repeated violations continue. One of the violations which has been widely reported is the continued requirement of an Aadhaar number to set up a Digital Locker account which also led to activist, Sudhir Yadav filing a petition in the Supreme Court.[5]

2. No Right to Privacy - Attorney General to SC

The Attorney General, Mukul Rohatgi argued before the Supreme Court in the Aadhaar case that the Constitution of India did not provide for a fundamental Right to Privacy.[6] He referred to the body of case in the Supreme Court dealing with this issue and made a reference to the 1954 case, MP Sharma v. Satish Chandra[7] stating that there was "clear divergence of opinion" on the Right to Privacy and termed it as "a classic case of unclear position of law." He also referred to the discussion on this matter in the Constitutional Assembly Debates and pointed to the fact the framers of the Constitution did not intend for this to be a fundamental right. He said the matter needed to be referred to a nine judge Constitution bench.[8] This raises serious questions over the jurisprudence developed by the Supreme Court on the right to privacy over the last five decades. The matter is currently pending resolution by a larger bench which needs to be constituted by the Chief Justice of India.

3. Shreya Singhal judgment and Section 69A, IT Act

In the much celebrated judgment, Shreya Singhal v. Union of India, in March 2015, the Supreme Court struck down Section 66A of the Information Technology Act, 2000 as unconstitutional and laid down guidelines for online takedowns under the Internet intermediary rules. However, significantly, the court also upheld Section 69A and the blocking rules under this provision. It was held to be a narrowly-drawn provision with adequate safeguards. The rules prescribe a procedure for blocking which involves receipt of a blocking request, examination of the request by the Committee and a review committee which performs oversight functions. However, commentators have pointed to the opacity of the process in the rules under this provisions. While the rules mandate that a hearing is given to the originator of the content, this safeguard is widely disregarded. The judgment did not discuss Section 69 of the Information Technology Act, 2000 which deal with decrypting of electronic communication, however, the Department of Electronic and Information Technology brought up this issue subsequently, through a Draft Encryption Policy, discussed below.

4. Circulation and recall of Draft Encryption Policy

On October 19, 2015, the Department of Electronic and Information Technology (DeitY) released for public comment a draft National Encryption Policy. The draft received an immediate and severe backlash from commentators, and was withdrawn by September 22, 2015. [9] The government blamed a junior official for the poor drafting of the document and noted that it had been released without a review by the Telecom Minister, Ravi Shankar Prasad and other senior officials.[10] The main areas of contention were a requirement that individuals store plain text versions of all encrypted communication for a period of 90 days, to be made available to law enforcement agencies on demand; the government's right to prescribe key-strength, algorithms and ciphers; and only government-notified encryption products and vendors registered with the government being allowed to be used for encryption.[11] The purport of the above was to limit the ways in which citizens could encrypt electronic communication, and to allow adequate access to law enforcement agencies. The requirement to keep all encrypted information in plain text format for a period of 90 days garnered particular criticism as it would allow for creation of a 'honeypot' of unencrypted data, which could attract theft and attacks.[12] The withdrawal of the draft policy is not the final chapter in this story, as the Telecom Minister has promised that the Department will come back with a revised policy. [13] This attempt to put restrictions on use of encryption technologies is not only in line with a host of surveillance initiatives that have mushroomed in India in the last few years,[14] but also finds resonance with a global trend which has seen various governments and law enforcement organisations argue against encryption. [15]

5. Privacy concerns raised about Digital India

The Digital India initiative includes over thirty Mission Mode Projects in various stages of implementation. [16] All of these projects entail collection of vast quantities of personally identifiable information of the citizens. However, most of these initiatives do not have clearly laid down privacy policies.[17] There is also a lack of properly articulated access control mechanisms and doubts over important issues such as data ownership owing to most projects involving public private partnership which involves private organisation collecting, processing and retaining large amounts of data. [18] Ahead of Prime Minister Modi's visit to the US, over 100 hundred prominent US based academics released a statement raising concerns about "lack of safeguards about privacy of information, and thus its potential for abuse" in the Digital India project. [19] It has been pointed out that the initiatives could enable a "cradle-to-grave digital identity that is unique, lifelong, and authenticable, and it plans to widely use the already mired in controversy Aadhaar program as the identification system." [20]

6. Issues with Human DNA Profiling Bill, 2015

The Human DNA Profiling Bill, 2015 envisions the creation of national and regional DNA databases comprising DNA profiles of the categories of persons specified in the Bill.[21] The categories include offenders, suspects, missing persons, unknown deceased persons, volunteers and such other categories specified by the DNA Profiling Board which has oversight over these banks. The Bill grants wide discretionary powers to the Board to introduce new DNA indices and make DNA profiles available for new purposes it may deem fit. [22] These, and the lack of proper safeguards surrounding issues like consent, retention and collection pose serious privacy risks if the Bill becomes a law. Significantly, there is no element of purpose limitation in the proposed law, which would allow the DNA samples to be re-used for unspecified purposes.[23]

7. Impact of the Schrems ruling on India

In Schrems v. Data Protection Commissioner, the Court of Justice in European Union (CJEU) annulled the Commission Decision 2000/520 according to which US data protection rules were deemed sufficient to satisfy EU privacy rules enabling transfers of personal data from EU to US, otherwise known as the 'Safe Harbour' framework. The court ruled that broad formulations of derogations on grounds of national security, public interest and law enforcement in place in the US goes beyond the test of proportionality and necessity under the Data Protection rules.[24] This judgment could also have implications for the data processing industry in India. For a few years now, a framework similar to the Safe Harbour has been under discussion for transfer of data between India and EU. The lack of a privacy legislation has been among the significant hurdles in arriving at a framework.[25] In the absence of a Safe Harbour framework, the companies in India rely on alternate mechanisms such as Binding Corporate Rules (BCR) or Model Contractual Clauses. These contracts impose the obligation on the data exporters and importers to ensure that 'adequate level of data protection' is provided. The Schrems judgement makes it clear that 'adequate level of data protection' entails a regime that is 'essentially equivalent' to that envisioned under Directive 95/46.[26] What this means is that any new framework of protection between EU and other countries like US or India will necessarily have to meet this test of essential equivalence. The PRISM programme in the US and a host of surveillance programmes that have been initiated by the government in India in the last few years could pose problems in satisfying this test of essential equivalence as they do not conform to the proportionality and necessity principles.

8. The definition of "unfair trade practices" in the Consumer Protection Bill, 2015

The Consumer Protection Bill, 2015, tabled in the Parliament towards the end of the monsoon session[27] has introduced an expansive definition of the term "unfair trade practices." The definition as per the Bill includes the disclosure "to any other person any personal information given in confidence by the consumer."[28] This clause exclude from the scope of unfair trade practices, disclosures under provisions of any law in force or in public interest. This provision could have significant impact on the personal data protection law in India. Currently, the only law governing data protection law are the Reasonable security practices and procedures and sensitive personal data or information Rules, 2011[29] prescribed under Section 43A of the Information Technology Act, 2000. Under these rules, sensitive personal data or information is protected in that their disclosure requires prior permission from the data subject. [30] For other kinds of personal information not categorized as sensitive personal data or information, the only recourse of data subjects in case to claim breach of the terms of privacy policy which constitutes a lawful contract. [31] The Consumer Protection Bill, 2015, if enacted as law, could significantly expand the scope of protection available to data subjects. First, unlike the Section 43A rules, the provisions of the Bill would be applicable to physical as well as electronic collection of personal information. Second, disclosure to a third party of personal information other than sensitive personal data or information could also have similar 'prior permission' criteria under the Bill, if it can be shown that the information was shared by the consumer in confidence.

What we see above are events largely built around a few trends that we have been witnessing in the context of privacy in India, in particular and across the world, in general. Lack of privacy safeguards in initiatives like the Aadhaar project and Digital India is symptomatic of policies that are not comprehensive in their scope, and consequently fail to address key concerns. Dr Usha Ramanathan has called these policies "powerpoint based policies" which are implemented based on proposals which are superficial in their scope and do not give due regard to their impact on a host of issues. [32] Second, the privacy concerns posed by the draft Encryption Policy and the Human DNA Profiling Bill point to the motive of surveillance that is in line with other projects introduced with the intent to protect and preserve national security. [33] Third, the incidents that championed the cause of privacy like the Schrems judgment have largely been initiated by activists and civil society actors, and have typically entailed the involvement of the judiciary, often the single recourse of actors in the campaign for the protection of civil rights. It must be noted that jurisprudence on the right to privacy in India has not moved beyond the guidelines set forth by the Supreme Court in PUCL v. Union of India.[34] However, new mass surveillance programmes and massive collection of personal data by both public and private parties through various schemes mandated a re-look at the standards laid down twenty years ago. The privacy issue pending resolution by a larger bench in the Aadhaar case affords an opportunity to revisit those principles in light of how surveillance has changed in the last two decades and strengthen privacy and data protection.

^{^[1]} Right to Privacy not a fundamental right, cannot be invoked to scrap Aadhar: Centre tells Supreme Court, available at http://articles.economictimes.indiatimes.com/2015-07-23/news/64773078_1_fundamental-right-attorney-general-mukul-rohatgi-privacy

^{^[2]} SC allows govt to link Aadhaar card with PDS and LPG subsidies, available at http://timesofindia.indiatimes.com/india/SC-allows-govt-to-link-Aadhaar-card-with-PDS-and-LPG-subsidies/articleshow/48436223.cms

^{^[3]} http://judis.nic.in/supremecourt/imgs1.aspx?filename=42841

^{^[4]} Five SC Orders Later, Aadhaar Requirement Continues to Haunt Many, available at http://thewire.in/2015/09/19/five-sc-orders-later-aadhaar-requirement-continues-to-haunt-many-11065/

[5] Digital Locker scheme challenged in Supreme Court, available at http://www.moneylife.in/article/digital-locker-scheme-challenged-in-supreme-court/42607.html

^{^[6]} Privacy not a fundamental right, argues Mukul Rohatgi for Govt as Govt affidavit says otherwise, available at http://www.legallyindia.com/Constitutional-law/privacy-not-a-fundamental-right-argues-mukul-rohatgi-for-govt-as-govt-affidavit-says-otherwise

^{^[7]} 1954 SCR 1077.

^{^[8]} Supra Note 1.

^{^[9]} Government to withdraw draft encryption policy, available at http://www.thehindu.com/news/national/govt-to-withdraw-draft-encryption-policy/article7677348.ece

^{^[10]} Encryption policy poorly worded by officer: Telecom Minister Ravi Shankar Prasad, available at http://economictimes.indiatimes.com/articleshow/49068406.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

^{^[11]} Updated: India's draft encryption policy puts user privacy in danger, available at http://www.medianama.com/2015/09/223-india-draft-encryption-policy/

^{^[12]} Bhairav Acharya, The short-lived adventure of India's encryption policy, available at http://notacoda.net/2015/10/10/the-short-lived-adventure-of-indias-encryption-policy/

^{^[13]} Supra Note 9.

^{^[14]} Maria Xynou, Big democracy, big surveillance: India's surveillance state, available at https://www.opendemocracy.net/opensecurity/maria-xynou/big-democracy-big-surveillance-indias-surveillance-state

^{^[15]} China passes controversial anti-terrorism law to access encrypted user accounts, available at http://www.theverge.com/2015/12/27/10670346/china-passes-law-to-access-encrypted-communications ; Police renew call against encryption technology that can help hide terrorists, available at http://www.washingtontimes.com/news/2015/nov/16/paris-terror-attacks-renew-encryption-technology-s/?page=all .

^{^[16]} http://www.mmp.cips.org.in/digital-india/

[17] http://slides.com/cisindia/big-data-in-indian-governance-preliminary-findings#/

^{^[18]} Indira Jaising, Digital India Schemes Must Be Preceded by a Data Protection and Privacy Law, available at http://thewire.in/2015/07/04/digital-india-schemes-must-be-preceded-by-a-data-protection-and-privacy-law-5471/

^{^[19]} US academics raise privacy concerns over 'Digital India' campaign, available at http://yourstory.com/2015/08/us-digital-india-campaign/

^{^[20]} Lisa Hayes, Digital India's Impact on Privacy: Aadhaar numbers, biometrics, and more, available at https://cdt.org/blog/digital-indias-impact-on-privacy-aadhaar-numbers-biometrics-and-more/

^{^[21]} http://www.prsindia.org/uploads/media//draft/Draft%20Human%20DNA%20Profiling%20Bill%202015.pdf

^{^[22]} Comments on India's Human DNA Profiling Bill (June 2015 version), available at http://www.genewatch.org/uploads/f03c6d66a9b354535738483c1c3d49e4/IndiaDNABill_FGPI_15.pdf

^{^[23]} Elonnai Hickok, Vanya Rakesh and Vipul Kharbanda, CIS Comments and Recommendations to the Human DNA Profiling Bill, June 2015, available at http://cis-india.org/internet-governance/blog/cis-comments-and-recommendations-to-human-dna-profiling-bill-2015

^{^[24]} http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-10/cp150117en.pdf

^{^[25]} Jyoti Pandey, Contestations of Data, ECJ Safe Harbor Ruling and Lessons for India, available at http://cis-india.org/internet-governance/blog/contestations-of-data-ecj-safe-harbor-ruling-and-lessons-for-india

^{^[26]} Simon Cox, Case Watch: Making Sense of the Schrems Ruling on Data Transfer, available at https://www.opensocietyfoundations.org/voices/case-watch-making-sense-schrems-ruling-data-transfer

^{^[27]} http://www.prsindia.org/billtrack/the-consumer-protection-bill-2015-3965/

^{^[28]} Section 2(41) (I) of the Consumer Protection Bill, 2015.

^{^[29]} http://www.ijlt.in/pdffiles/IT-%28Reasonable%20Security%20Practices%29-Rules-2011.pdf

^{^[30]} Rule 6 of Reasonable security practices and procedures and sensitive personal data or information Rules, 2011

^{^[31]} Rule 4 of Reasonable security practices and procedures and sensitive personal data or information Rules, 2011

^{^[32]} http://cis-india.org/internet-governance/events/communication-rights-in-the-age-of-digital-technology

^{^[33]} Supra Note 11.

^{^[34]} Chaitanya Ramachandra, PUCL V. Union of India Revisited: Why India's Sureveillance Law must be redesigned for the Digital Age, available at http://nujslawreview.org/wp-content/uploads/2015/10/Chaitanya-Ramachandran.pdf

For more details visit https://cis-india.org/internet-governance/blog/eight-key-privacy-events-in-india-in-the-year-2015

Centre for Internet and Society

Sean McDonald - Ebola: A Big Data Disaster

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Preface

CIS Papers

Netizen Report: The EU Wrestles With Facebook Over Privacy

Big Blow for Facebook’s Free Basics

Google’s new scheme to combat online extremism

What’s going to happen to Ukraine’s database of ‘explicit content’?

How to protect yourself from government hacking

Taking on Russia’s invasive surveillance

Telegram in Iran

World Trends in Freedom of Expression and Media Development

Internet Freedom

Possible impact on elections

In times of disasters

Content and carriage converge

What is Net neutrality?

Concept Note: UNICEF & Nasscom Foundation Workshop on Child Online Protection

Database on Big Data and Smart Cities International Standards

[45] SPRING Singapore Supported Close to 600 Companies in Standards Adoption, and Service Excellence Projects , 12th August 2015, http://www.spring.gov.sg/NewsEvents/PR/Pages/Internet-of-Things-(IoT)-Standards-Outline-to-Support-Smart-Nation-Initiative-Unveiled-20150812.aspx

January 2016 Bulletin

The Internet Has a New Standard for Censorship

Online censorship in India

Blocking procedures and secrecy

A standardised code for censorship

Transparency in Surveillance

Introduction

Need for Transparency

Current State of Affairs

Suggestions on Transparency

Transparency Reports

Overhaul of the Review Committee

Conclusion

Why Indians are turning down Facebook's free internet

Big Data in the Global South - An Analysis

I. Introduction

II. Uses of Big Data in the Global Development

III. Big Data and Smart Cities in the Global South

IV. Big Data and the Private Sector in the Global South

V. Conclusion

A Critique of Consent in Information Privacy

Human Rights in the Age of Digital Technology: A Conference to Discuss the Evolution of Privacy and Surveillance

Participation

Introductions

The Aadhaar Case

The Draft Encryption Policy

Questions Raised

December 2015 Bulletin

Highlights

Eight Key Privacy Events in India in the Year 2015

^{^[45]} SPRING Singapore Supported Close to 600 Companies in Standards Adoption, and Service Excellence Projects , 12th August 2015, http://www.spring.gov.sg/NewsEvents/PR/Pages/Internet-of-Things-(IoT)-Standards-Outline-to-Support-Smart-Nation-Initiative-Unveiled-20150812.aspx