Centre for Internet and Society

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

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

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
---------------------------------

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).

---------------------------------
About CIS
---------------------------------
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

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, 560 071.

► 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/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

Benefits and Harms of "Big Data"

Scott Mason — 2015-12-30T02:48:08Z

Introduction

In 2011 it was estimated that the quantity of data produced globally would surpass 1.8 zettabyte[1]. By 2013 that had grown to 4 zettabytes[2], and with the nascent development of the so-called 'Internet of Things' gathering pace, these trends are likely to continue. This expansion in the volume, velocity, and variety of data available[3] , together with the development of innovative forms of statistical analytics, is generally referred to as "Big Data"; though there is no single agreed upon definition of the term. Although still in its initial stages, Big Data promises to provide new insights and solutions across a wide range of sectors, many of which would have been unimaginable even 10 years ago.

Despite enormous optimism about the scope and variety of Big Data's potential applications however, many remain concerned about its widespread adoption, with some scholars suggesting it could generate as many harms as benefits[4]. Most notably these have included concerns about the inevitable threats to privacy associated with the generation, collection and use of large quantities of data [5]. However, concerns have also been raised regarding, for example, the lack of transparency around the design of algorithms used to process the data, over-reliance on Big Data analytics as opposed to traditional forms of analysis and the creation of new digital divides to just name a few.

The existing literature on Big Data is vast, however many of the benefits and harms identified by researchers tend to relate to sector specific applications of Big Data analytics, such as predictive policing, or targeted marketing. Whilst these examples can be useful in demonstrating the diversity of Big Data's possible applications, it can nevertheless be difficult to gain an overall perspective of the broader impacts of Big Data as a whole. As such this article will seek to disaggregate the potential benefits and harms of Big Data, organising them into several broad categories, which are reflective of the existing scholarly literature.

What are the potential benefits of Big Data?

From politicians to business leaders, recent years have seen Big Data confidently proclaimed as a potential solution to a diverse range of problems from, world hunger and diseases, to government budget deficits and corruption. But if we look beyond the hyperbole and headlines, what do we really know about the advantages of Big Data? Given the current buzz surrounding it, the existing literature on Big Data is perhaps unsurprisingly vast, providing innumerable examples of the potential applications of Big Data from agriculture to policing. However, rather than try (and fail) to list the many possible applications of Big Data analytics across all sectors and industries, for the purposes of this article we have instead attempted to distil the various advantages of Big Data discussed within literature into the following five broad categories; Decision-Making, Efficiency & Productivity, Research & Development, Personalisation and Transparency, each of which will be discussed separately below.

Decision-Making

Whilst data analytics have always been used to improve the quality and efficiency of decision-making processes, the advent of Big Data means that the areas of our lives in which data driven decision- making plays a role is expanding dramatically; as businesses and governments become better able to exploit new data flows. Furthermore, the real-time and predictive nature of decision-making made possible by Big Data, are increasingly allowing these decisions to be automated. As a result, Big Data is providing governments and business with unprecedented opportunities to create new insights and solutions; becoming more responsive to new opportunities and better able to act quickly - and in some cases preemptively - to deal with emerging threats.

This ability of Big Data to speed up and improve decision-making processes can be applied across all sectors from transport to healthcare and is often cited within the literature as one of the key advantages of Big Data. Joh, for example, highlights the increased use of data driven predictive analysis by police forces to help them to forecast the times and geographical locations in which crimes are most likely to occur. This allows the force to redistribute their officers and resources according to anticipated need, and in certain cities has been highly effective in reducing crime rates [6]. Raghupathi meanwhile cites the case of healthcare, where predictive modelling driven by big data is being used to proactively identify patients who could benefit from preventative care or lifestyle changes[7].

One area in particular where the decision-making capabilities of Big Data are having a significant impact is in the field of risk management [8]. For instance, Big Data can allow companies to map their entire data landscape to help detect sensitive information, such as 16 digit numbers - potentially credit card data - which are not being stored according to regulatory requirements and intervene accordingly. Similarly, detailed analysis of data held about suppliers and customers can help companies to identify those in financial trouble, allowing them to act quickly to minimize their exposure to any potential default[9].

Efficiency and Productivity

In an era when many governments and businesses are facing enormous pressures on their budgets, the desire to reduce waste and inefficiency has never been greater. By providing the information and analysis needed for organisations to better manage and coordinate their operations, Big Data can help to alleviate such problems, leading to the better utilization of scarce resources and a more productive workforce [10].

Within the literature such efficiency savings are most commonly discussed in relation to reductions in energy consumption [11]. For example, a report published by Cisco notes how the city of Olso has managed to reduce the energy consumption of street-lighting by 62 percent through the use of smart solutions driven by Big Data[12]. Increasingly, however, statistical models generated by Big Data analytics are also being utilized to identify potential efficiencies in sourcing, scheduling and routing in a wide range of sectors from agriculture to transport. For example, Newell observes how many local governments are generating large databases of scanned license plates through the use of automated license plate recognition systems (ALPR), which government agencies can then use to help improve local traffic management and ease congestion[13].

Commonly these efficiency savings are only made possible by the often counter-intuitive insights generated by the Big Data models. For example, whilst a human analyst planning a truck route would always tend to avoid 'drive-bys' - bypassing one stop to reach a third before doubling back - Big Data insights can sometimes show such routes to be more efficient. In such cases efficiency saving of this kind would in all likelihood have gone unrecognised by a human analyst, not trained to look for such patterns[14].

Research, Development, and Innovation

Perhaps one of the most intriguing benefits of Big Data is its potential use in the research and development of new products and services. As is highlighted throughout the literature, Big Data can help businesses to gain an understanding of how others perceive their products or identify customer demand and adapt their marketing or indeed the design of their products accordingly[15]. Analysis of social media data, for instance, can provide valuable insights into customers' sentiments towards existing products as well as discover demands for new products and services, allowing businesses to respond more quickly to changes in customer behaviour[16].

In addition to market research, Big Data can also be used during the design and development stage of new products; for example by helping to test thousands of different variations of computer-aided designs in an expedient and cost-effective manner. In doing so, business and designers are able to better assess how minor changes to a products design may affect its cost and performance, thereby improving the cost-effectiveness of the production process and increasing profitability.

Personalisation

For many consumers, perhaps the most familiar application of Big Data is its ability to help tailor products and services to meet their individual preferences. This phenomena is most immediately noticeable on many online services such as Netflix; where data about users activities and preferences is collated and analysed to provide a personalised service, for example by suggesting films or television shows the user may enjoy based upon their previous viewing history[17]. By enabling companies to generate in-depth profiles of their customers, Big Data allows businesses to move past the 'one size fits all' approach to product and services design and instead quickly and cost-effectively adapt their services to better meet customer demand.

In addition to service personalisation, similar profiling techniques are increasingly being utilized in sectors such as healthcare. Here data about a patient's medical history, lifestyle, and even their gene expression patterns are collated, generating a detailed medical profile which can then be used to tailor treatments to meet their specific needs[18]. Targeted care of this sort can not only help to reduce costs for example by helping to avoid over-prescriptions, but may also help to improve the effectiveness of treatments and so ultimately their outcome.

Transparency

If 'knowledge is power', then, - so say Big Data enthusiasts - advances in data analytics and the quantity of data available can give consumers and citizens the knowledge to hold governments and businesses to account, as well as make more informed choices about the products and services they use. Nevertheless, data (even lots of it) does not necessarily equal knowledge. In order for citizens and consumers to be able to fully utilize the vast quantities of data available to them, they must first have some way to make sense of it. For some, Big Data analytics provides just such a solution, allowing users to easily search, compare and analyze available data, thereby helping to challenge existing information asymmetries and make business and government more transparent[19].

In the private sector, Big Data enthusiasts have claimed that Big Data holds the potential to ensure complete transparency of supply chains, enabling concerned consumers to trace the source of their products, for example to ensure that they have been sourced ethically [20]. Furthermore, Big Data is now making accessible information which was previously unavailable to average consumers and challenging companies whose business models rely on the maintenance of information asymmetries.The real-estate industry, for example, relies heavily upon its ability to acquire and control proprietary information, such as transaction data as a competitive asset. In recent years, however, many online services have allowed consumers to effectively bypass agents, by providing alternative sources of real-estate data and enabling prospective buyers and sellers to communicate directly with each other[21]. Therefore, providing consumers with access to large quantities of actionable data . Big Data can help to eliminate established information asymmetries, allowing them to make better and more informed decisions about the products they buy and the services they enlist.

This potential to harness the power of Big Data to improve transparency and accountability can also be seen in the public sector, with many scholars suggesting that greater access to government data could help to stem corruption and make politics more accountable. This view was recently endorsed by the UN who highlighted the potential uses of Big Data to improve policymaking and accountability in a report published by the Independent Expert Advisory Group on the "Data Revolution for Sustainable Development". In the report experts emphasize the potential of what they term the 'data revolution', to help achieve sustainable development goals by for example helping civil society groups and individuals to 'develop data literacy and help communities and individuals to generate and use data, to ensure accountability and make better decisions for themselves' [22].

What are the potential harms of Big Data?

Whilst it is often easy to be seduced by the utopian visions of Big Data evangelists, in order to ensure that Big Data can deliver the types of far-reaching benefits its proponents promise, it is vital that we are also sensitive to its potential harms. Within the existing literature, discussions about the potential harms of Big Data are perhaps understandably dominated by concerns about privacy. Yet as Big Data has begun to play an increasingly central role in our daily lives, a broad range of new threats have begun to emerge including issues related to security and scientific epistemology, as well as problems of marginalisation, discrimination and transparency; each of which will be discussed separately below.

Privacy

By far the biggest concern raised by researchers in relation to Big Data is its risk to privacy. Given that by its very nature Big Data requires extensive and unprecedented access to large quantities of data; it is hardly surprising that many of the benefits outlined above in one way or another exist in tension with considerations of privacy. Although many scholars have called for a broader debate on the effects of Big Data on ethical best practice ^{^[23]}, a comprehensive exploration into the complex debates surrounding the ethical implications of Big Data go far beyond the scope of this article. Instead we will simply attempt to highlight some of the major areas of concern expressed in the literature, including its effects on established principles of privacy and the implication of Big Data on the suitability of existing regulatory frameworks governing privacy and data protection.

1. Re-identification

Traditionally many Big Data enthusiasts have used de-identification - the process of anonymising data by removing personally identifiable information (PII) - as a way of justifying mass collection and use of personal data. By claiming that such measures are sufficient to ensure the privacy of users, data brokers, companies and governments have sought to deflect concerns about the privacy implications of Big Data, and suggest that it can be compliant with existing regulatory and legal frameworks on data protection.

However, many scholars remain concerned about the limits of anonymisation. As Tene and Polonetsky observe 'Once data-such as a clickstream or a cookie number-are linked to an identified individual, they become difficult to disentangle'[24]. They cite the example of University of Texas researchers Narayanan and Shmatikov, who were able to successfully re-identify anonymised Netflix user data by cross referencing it with data stored in a publicly accessible online database. As Narayanan and Shmatikov themselves explained, 'once any piece of data has been linked to a person's real identity, any association between this data and a virtual identity breaks anonymity of the latter' [25]. The quantity and variety of datasets which Big Data analytics has made associable with individuals is therefore expanding the scope of the types of data that can be considered PII, as well as undermining claims that de-identification alone is sufficient to ensure privacy for users.

2. Privacy Frameworks Obsolete?

In recent decades privacy and data protection frameworks based upon a number of so-called 'privacy principles' have formed the basis of most attempts to encourage greater consideration of privacy issues online[26]. For many however, the emergence of Big Data has raised question about the extent to which these 'principles of privacy' are workable in an era of ubiquitous data collection.

Collection Limitation and Data Minimization : 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[27].

Purpose Limitation: Since the utility of a given dataset is often not easily identifiable at the time of collection, datasets are increasingly being processed several times for a variety of different purposes. Such practices have significant implications for the principle of purpose limitation, which aims to ensure that organizations are open about their reasons for collecting data, and that they use and process the data for no other purpose than those initially specified [28].

Notice and Consent: The principles of notice and consent have formed the cornerstones of attempts to protect privacy for decades. Nevertheless in an era of ubiquitous data collection, the notion that an individual must be required to provide their explicit consent to allow for the collection and processing of their data seems increasingly antiquated, a relic of an age when it was possible to keep track of your personal data relationships and transactions. Today as data streams become more complex, some have begun to question suitability of consent as a mechanism to protect privacy. In particular commentators have noted how given the complexity of data flows in the digital ecosystem most individuals are not well placed to make truly informed decisions about the management of their data[29]. In one study, researchers demonstrated how by creating the perceptions of control, users were more likely to share their personal information, regardless of whether or not the users had actually gained control [30]. As such, for many, the garnering of consent is increasingly becoming a symbolic box-ticking exercise which achieves little more than to irritate and inconvenience customers whilst providing a burden for companies and a hindrance to growth and innovation [31].

Access and Correction: The principle of 'access and correction' refers to the rights of individuals to obtain personal information being held about them as well as the right to erase, rectify, complete or otherwise amend that data. Aside from the well documented problems with privacy self-management, for many the real-time nature of data generation and analysis in an era of Big Data poses a number of structural challenges to this principle of privacy. As x comments, 'a good amount of data is not pre-processed in a similar fashion as traditional data warehouses. This creates a number of potential compliance problems such as difficulty erasing, retrieving or correcting data. A typical big data system is not built for interactivity, but for batch processing. This also makes the application of changes on a (presumably) static data set difficult'[32].

Opt In-Out: 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. [33]

3. "Chilling Effects"

For many scholars the normalization of large scale data collection is steadily producing a widespread perception of ubiquitous surveillance amongst users. Drawing upon Foucault's analysis of Jeremy Bentham's panopticon and the disciplinary effects of surveillance, they argue that this perception of permanent visibility can cause users to sub-consciously 'discipline' and self- regulate of their own behavior, fearful of being targeted or identified as 'abnormal' [34]. As a result, the pervasive nature of Big Data risks generating a 'chilling effect' on user behavior and free speech.

Although the notion of "chilling effects" is quite prevalent throughout the academic literature on surveillance and security, the difficulty of quantifying the perception and effects of surveillance on online behavior and practices means that there have only been a limited number of empirical studies of this phenomena, and none directly related to the chilling effects of Big Data. One study, conducted by researchers at MIT however, sought to assess the impact of Edward Snowden's revelations about NSA surveillance programs on Google search trends. Nearly 6,000 participants were asked to individually rate certain keywords for their perceived degree of privacy sensitivity along multiple dimensions. Using Google's own publicly available search data, the researchers then analyzed search patterns for these terms before and after the Snowden revelations. In doing so they were able to demonstrate a reduction of around 2.2% in searchers for those terms deemed to be most sensitive in nature. According to the researchers themselves, the results 'suggest that there is a chilling effect on search behaviour from government surveillance on the Internet'[35]. Although this study focussed on the effects on government surveillance, for many privacy advocates the growing pervasiveness of Big Data risks generating similar results. [36]

4. Dignitary Harms of Predictive Decision-Making

In addition to its potentially chilling effects on free speech, the automated nature of Big Data analytics also possess the potential to inflict so-called 'dignitary harms' on individuals, by revealing insights about themselves that they would have preferred to keep private [37].

In an infamous example, following a shopping trip to the retail chain Target, a young girl began to receive mail at her father's house advertising products for babies including, diapers, clothing, and cribs. In response, her father complained to the management of the company, incensed by what he perceived to be the company's attempts to "encourage" pregnancy in teens. A few days later however, the father was forced to contact the store again to apologies, after his daughter had confessed to him that she was indeed pregnant. It was later revealed that Target regularly analyzed the sale of key products such as supplements or unscented lotions in order to generate "pregnancy prediction" scores, which could be used to assess the likelihood that a customer was pregnant and to therefore target them with relevant offers[38]. Such cases, though anecdotal illustrate how Big Data if not adopted sensitively can lead to potential embarrassing information about users being made public.

Security

In relation to cybersecurity Big Data can be viewed to a certain extent as a double-edged sword. On the one hand, the unique capabilities of Big Data analytics can provide organizations with new and innovative methods of enhancing their cybersecurity systems. On the other however, the sheer quantity and diversity of data emanating from a variety of sources creates its own security risks.

5. "Honey-Pot"

The larger the quantities of confidential information stored by companies on their databases the more attractive those databases may appear to potential hackers.

6. Data Redundancy and Dispersion

Inherent to Big Data systems is the duplication of data to many locations in order to optimize query processing. Data is dispersed across a wide range of data repositories in different servers, in different parts of the world. As a result it may be difficult for organizations to accurately locate and secure all items of personal information.

Epistemological and Methodological Implications

In 2008 Chris Anderson infamously proclaimed the 'end of theory'. Writing for Wired Magazine, Anderson predicted that the coming age of Big Data would create a 'deluge of data' so large that the scientific methods of hypothesis, sampling and testing would be rendered 'obsolete' [39]. 'There is now a better way' Anderson insisted, 'Petabytes allow us to say: "Correlation is enough." We can stop looking for models. We can analyze the data without hypotheses about what it might show. We can throw the numbers into the biggest computing clusters the world has ever seen and let statistical algorithms find patterns where science cannot'[40].

In spite of these bold claims however, many theorists remain skeptical of Big Data's methodological benefits and have expressed concern about its potential implications for conventional scientific epistemologies. For them the increased prominence of Big Data analytics in science does not signal a paradigmatic transition to a more enlightened data-driven age, but a hollowing out of the scientific method and an abandonment of casual knowledge in favor of shallow correlative analysis[41].

7. Obfuscation

Although Big Data analytics can be utilized to study almost any phenomena where enough data exists, many theorists have warned that simply because Big Data analytics can be used does not necessarily mean that they should be used[42]. Bigger is not always better and indeed the sheer quantity of data made available to users may in fact act to obscure certain insights. Whereas traditional scientific methods use sampling techniques to identify the most important and relevant data, Big Data by contrast encourages the collection and use of as much data as possible, in an attempt to attain full resolution of the phenomena being studied. However, not all data is equally useful and simply inputting as much data as possible into an algorithm is unlikely to produce accurate results and may instead obscure key insights.

Indeed, whilst the promise of automation is central to a large part of Big Data's appeal, researchers observe that most Big Data analysis still requires an element of human judgement to filter out the 'good' data from the 'bad', and to decide what aspects of the data are relevant to the research objectives. As Boyd and Crawford observe, 'in the case of social media data, there is a 'data cleaning' process: making decisions about what attributes and variables will be counted, and which will be ignored. This process is inherently subjective"^{^[43]}.

Google's Flu Trend project provides an illustrative example of how Big Data's tendency to try to maximise data inputs can produce misleading results. Designed to accurately track flu outbreaks based upon data collected from Google searches, the project was initially proclaimed to be a great success. Gradually however it became apparent that the results being produced were not reflective of the reality on the ground. Later it was discovered that the algorithms used by the project to interpret search terms were insufficiently accurate to filter out anomalies in searches, such as those related to the 2009 H1N1 flu pandemic. As such, despite the great promise of Big Data, scholars insist it remains critical to be mindful of its limitations, remain selective about the types of data included in the analysis and exercise caution and intuition whenever interpreting its results ^{^[44]}.

8. "Apophenia"

In complete contrast to the problem of obfuscation, Boyd and Crawford observe how Big Data may also lead to the practice of 'apophenia', a phenomena whereby analysts interpret patterns where none exist, 'simply because enormous quantities of data can offer connections that radiate in all directions" ^{^[45]}. David Leinweber for example demonstrated that data mining techniques could show strong but ultimately spurious correlations between changes in the S&P 500 stock index and butter production in Bangladesh [46]. Such spurious correlation between disparate and unconnected phenomena are a common feature of Big Data analytics and risks leading to unfounded conclusions being draw from the data.

Although Leinweber's primary focus of analysis was the use of Data-Mining technologies, his observations are equally applicable to Big Data. Indeed the tendency amongst Big Data analysts to marginalise the types of domain specific expertise capable of differentiating between relevant and irrelevant correlations in favour of algorithmic automation can in many ways be seen to exacerbate many of the problems Leinweber identified.

9. From Causation to Correlation

Closely related to the problem of Aphonenia is the concern that Big Data's emphasis on correlative analysis risks leading to an abandonment of the pursuit of causal knowledge in favour of shallow descriptive accounts of scientific phenomena[47].

For many, Big Data enthusiasts 'correlation is enough', producing inherently meaningful results interpretable by anyone without the need for pre-existing theory or hypothesis. Whilst proponents of Big Data claim that such an approach allows them to produce objective knowledge, by cleansing the data of any kind of philosophical or ideological commitment, for others by neglecting the knowledge of domain experts, Big Data risks generating a shallow type of analysis, since it fails to adequately embed observations within a pre-existing body of knowledge.

This commitment to an empiricist epistemology and methodological monism is particularly problematic in the context of studies of human behaviour, where actions cannot be calculated and anticipated using quantifiable data alone. In such instances, a certain degree of qualitative analysis of social, historical and cultural variables may be required in order to make the data meaningful by embedding it within a broader body of knowledge. The abstract and intangible nature of these variables requires a great deal of expert knowledge and interpretive skill to comprehend. It is therefore vital that the knowledge of domain specific experts is properly utilized to help 'evaluate the inputs, guide the process, and evaluate the end products within the context of value and validity'[48].

As such, although Big Data can provide unrivalled accounts of "what" people do, it fundamentally fails to deliver robust explanations of "why" people do it. This problem is especially critical in the case of public policy-making since without any indication of the motivations of individuals, policy-makers can have no basis upon which to intervene to incentivise more positive outcomes.

Digital Divides and Marginalisation

Today data is a highly valuable commodity. The market for data in and of itself has been steadily growing in recent years with the business models of many online services now formulated around the strategy of harvesting data from users^{^[49]}. As with the commodification of anything however, inequalities can easily emerge between the haves and have not's. Whilst the quantity of data currently generated on a daily basis is many times greater than at any other point in human history, the vast majority of this data is owned and tightly controlled by a very small number of technology companies and data brokers. Although in some instances limited access to data may be granted to university researchers or to those willing and able to pay a fee, in many cases data remains jealously guarded by data brokers, who view it as an important competitive asset. As a result these data brokers and companies risk becoming the gatekeepers of the Big Data revolution, adjudicating not only over who can benefit from Big Data, but also in what context and under what terms. For many such inconsistencies and inequalities in access to data raises serious doubts about just how widely distributed the benefits of Big Data will be. Others go even further claiming that far from helping to alleviate inequalities, the advent of Big Data risks exacerbating already significant digital divides that exist as well as creating new ones ^{^[50]}.

10. Anti-Competitive Practices

As a result of the reluctance of large companies to share their data, there increasingly exists a divide in access between small start-ups companies and their larger and more established competitors. Thus, new entrants to the marketplace may be at a competitive disadvantage in relation to large and well established enterprises, being as they are unable to harness the analytical power of the vast quantities of data available to large companies by virtue of their privileged market position. Since the performance of many online services are today often intimately connected with the collation and use of users data, some researchers have suggested that this inequity in access to data could lead to a reduction in competition in the online marketplace, and ultimately therefore to less innovation and choice for consumers[51].

As a result researchers including Nathan Newman of New York University have called for a reassessment and reorientation of anti-trust investigations and regulatory approaches more generally to 'to focus on how control of personal data by corporations can entrench monopoly power and harm consumer welfare in an economy shaped increasingly by the power of "big data"'[52]. Similarly a report produced by the European Data Protection Supervisor concluded that, 'The scope for abuse of market dominance and harm to the consumer through refusal of access to personal information and opaque or misleading privacy policies may justify a new concept of consumer harm for competition enforcement in digital economy' [53].

11. Research

From a research perspective barriers to access to data caused by proprietary control of datasets are problematic, since certain types of research could become restricted to those privileged enough to be granted access to data. Meanwhile those denied access are left not only incapable of conducting similar research projects, but also unable to test, verify or reproduce the findings of those who do. The existence of such gatekeepers may also lead to reluctance on the part of researchers to undertake research critical of the companies, upon whom they rely for access, leading to a chilling effect on the types of research conducted[54].

12. Inequality

Whilst bold claims are regularly made about the potential of Big Data to deliver economic development and generate new innovations, some critics of remain concerned about how equally the benefits of Big Data will be distributed and the effects this could have on already established digital divides [55].

Firstly, whilst the power of Big Data is already being utilized effectively by most economically developed nations, the same cannot necessarily be said for many developing countries. A combination of lower levels of connectivity, poor information infrastructure, underinvestment in information technologies and a lack of skills and trained personnel make it far more difficult for the developing world to fully reap the rewards of Big Data. As a consequence the Big Data revolution risks deepening global economic inequality as developing countries find themselves unable to compete with data rich nations whose governments can more easily exploit the vast quantities of information generated by their technically literate and connected citizens.

Likewise, to the extent that the Big Data analytics is playing a greater role in public policy-making, the capacity of individuals to generate large quantities of data, could potentially impact upon the extent to which they can provide inputs into the policy-making process. In a country such as India for example, where there exist high levels of inequality in access to information and communication technologies and the internet, there remain large discrepancies in the quantities of data produced by individuals. As a result there is a risk that those who lack access to the means of producing data will be disenfranchised, as policy-making processes become configured to accommodate the needs and interests of a privilege minority [56].

Discrimination

13. Injudicious or Discriminatory Outcomes

Big Data presents the opportunity for governments, businesses and individuals to make better, more informed decisions at a much faster pace. Whilst this can evidently provide innumerable opportunities to increase efficiency and mitigate risk, by removing human intervention and oversight from the decision-making process Big Data analysts run the risk of becoming blind to unfair or injudicious results generated by skewed or discriminatory programming of the algorithms.

There currently exists a large number of automated decision-making algorithms in operation across a broad range of sectors including most notably perhaps those used to asses an individual's suitability for insurance or credit. In either of these cases faults in the programming or discriminatory assessment criteria can have potentially damaging implications for the individual, who may as a result be unable to attain credit or insurance. This concern with the potentially discriminatory aspects of Big Data is prevalent throughout the literature and real life examples have been identified by researchers in a large number of major sectors in which Big Data is currently being used[57].

Yu for instance, cites the case of the insurance company Progressive, which required its customers to install 'Snapsnot' - a small monitoring device - into their cars in order to receive their best rates. The device tracked and reported the customers driving habits, and offered discounts to those drivers who drove infrequently, broke smoothly, and avoided driving at night - behaviors that correlate with a lower risk of future accidents. Although this form of price differentiation provided incentives for customers to drive more carefully, it also had the unintended consequence of unfairly penalizing late-night shift workers. As Yu observes, 'for late night shift-workers, who are disproportionately poorer and from minority groups, this differential pricing provides no benefit at all. It categorizes them as similar to late-night party-goers, forcing them to carry more of the cost of the intoxicated and other irresponsible driving that happens disproportionately at night'[58].

In another example, it is noted how Big Data is increasingly being used to evaluate applicants for entry-level service jobs. One method of evaluating applicants is by the length of their commute - the rationale being that employees with shorter commutes are statistically more likely to remain in the job longer. However, since most service jobs are typically located in town centers and since poorer neighborhoods tend to be those on the outskirts of town, such criteria can have the effect of unfairly disadvantaging those living in economically deprived areas. Consequently such metrics of evaluation can therefore also unintentionally act to reinforce existing social inequalities by making it more difficult for economically disadvantaged communities to work their way out of poverty[59].

14. Lack of Algorithmic Transparency.

If data is indeed the 'oil of the 21^st century'[60] then algorithms are very much the engines which are driving innovation and economic development. For many companies the quality of their algorithms is often a crucial factor in providing them with a market advantage over their competitor. Given their importance, the secrets behind the programming of algorithms are often closely guarded by companies, and are typically classified as trade secrets and as such are protected by intellectual property rights. Whilst companies may claim that such secrecy is necessary to encourage market competition and innovation, many scholars are becoming increasingly concerned about the lack of transparency surrounding the design of these most crucial tools.

In particular there is a growing sentiment common amongst many researchers that there currently exists a chronic lack of accountability and transparency in terms of how Big Data algorithms are programmed and what criteria are used to determine outcomes ^{^[61]}. As Frank Pasquale observed,

' hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy'[62].

As such, without increased transparency in algorithmic design, instances of Big Data discrimination may go unnoticed as analyst are unable to access the information necessary to identify them.

Conclusion

Today Big Data presents us with as many challenges as it does benefits. Whilst Big Data analytics can offer incredible opportunities to reduce inefficiency, improve decision-making, and increase transparency, concerns remain about the effects of these new technologies on issues such as privacy, equality and discrimination. Although the tensions between the competing demands of Big Data advocates and their critics may appear irreconcilable; only by highlighting these points of contestation can we hope to begin to ask the types of important and difficult questions necessary to do so, including; how can we reconcile Big Data's need for massive inputs of personal information with core principles of privacy such as data minimization and collection limitation? What processes and procedures need to be put in place during the design and implementation of Big Data models and algorithms to provide sufficient transparency and accountability so as to avoid instances of discrimination? What measures can be used to help close digital divides and ensure that the benefits of Big Data are shared equitably? Questions such as these are today only just beginning to be addressed; each however, will require careful consideration and reasoned debate, if Big Data is to deliver on its promises and truly fulfil its 'revolutionary' potential.

[1] Gantz, J., &Reinsel, D. Extracting Value from Chaos, IDC, (2011), available at: http://www.emc.com/collateral/analyst-reports/idc-extracting-value-from-chaos-ar.pdf

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

[3] Douglas, L. "3D Data Management: Controlling Data Volume, Velocity and Variety" . Gartner, (2001)

[4] Boyd, D., and Crawford, K. 'Critical Questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon', Information, Communication & Society,Vol 15, Issue 5, (2012) http://www.tandfonline.com/doi/abs/10.1080/1369118X.2012.678878, Tene, O., &Polonetsky, J. Big Data for All: Privacy and User Control in the Age of Analytics, 11 Nw. J. Tech. &Intell. Prop. 239 (2013) http://scholarlycommons.law.northwestern.edu/njtip/vol11/iss5/1

[5] Ibid.,

[6] Joh. E, 'Policing by Numbers: Big Data and the Fourth Amendment', Washington Law Review, Vol. 85: 35, (2014) https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/1319/89WLR0035.pdf?sequence=1

[7] Raghupathi, W., &Raghupathi, V. Big data analytics in healthcare: promise and potential. Health Information Science and Systems, (2014)

[8] Anderson, R., & Roberts, D. 'Big Data: Strategic Risks and Opportunities, Crowe Horwarth Global Risk Consulting Limited, (2012) https://www.crowehorwath.net/uploadedfiles/crowe-horwath-global/tabbed_content/big%20data%20strategic%20risks%20and%20opportunities%20white%20paper_risk13905.pdf

[9] Ibid.

[10] Kshetri. N, 'The Emerging role of Big Data in Key development issues: Opportunities, challenges, and concerns'. Big Data & Society (2014)http://bds.sagepub.com/content/1/2/2053951714564227.abstract,

[11] Tene, O., &Polonetsky, J. Big Data for All: Privacy and User Control in the Age of Analytics, 11 Nw. J. Tech. &Intell. Prop. 239 (2013) http://scholarlycommons.law.northwestern.edu/njtip/vol11/iss5/1

[12] Cisco, 'IoE-Driven Smart Street Lighting Project Allows Oslo to Reduce Costs, Save Energy, Provide Better Service', Cisco, (2014) Available at: http://www.cisco.com/c/dam/m/en_us/ioe/public_sector/pdfs/jurisdictions/Oslo_Jurisdiction_Profile_051214REV.pdf

[13] Newell, B, C. Local Law Enforcement Jumps on the Big Data Bandwagon: Automated License Plate Recognition Systems, Information Privacy, and Access to Government Information. University of Washington - the Information School, (2013) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2341182

[14] Morris, D. Big data could improve supply chain efficiency-if companies would let it, Fortune, August 5 2015, http://fortune.com/2015/08/05/big-data-supply-chain/

[15] Tucker, Darren S., & Wellford, Hill B., Big Mistakes Regarding Big Data, Antitrust Source, American Bar Association, (2014). Available at SSRN: http://ssrn.com/abstract=2549044

[16] Davenport, T., Barth., Bean, R. How is Big Data Different, MITSloan Management Review, Fall (2012), Available at, http://sloanreview.mit.edu/article/how-big-data-is-different/

[17] Tucker, Darren S., & Wellford, Hill B., Big Mistakes Regarding Big Data, Antitrust Source, American Bar Association, (2014). Available at SSRN: http://ssrn.com/abstract=2549044

[18] Raghupathi, W., &Raghupathi, V. Big data analytics in healthcare: promise and potential. Health Information Science and Systems, (2014)

[19] Brown, B., Chui, M., Manyika, J. 'Are you Ready for the Era of Big Data?', McKinsey Quarterly, (2011), Available at, http://www.t-systems.com/solutions/download-mckinsey-quarterly-/1148544_1/blobBinary/Study-McKinsey-Big-data.pdf ; Benady, D., 'Radical transparency will be unlocked by technology and big data', Guardian (2014) Available at: http://www.theguardian.com/sustainable-business/radical-transparency-unlocked-technology-big-data

[20] Ibid.

[21] Ibid.

[22] United Nations, A World That Counts: Mobilising the Data Revolution for Sustainable Development, Report prepared at the request of the United Nations Secretary-General,by the Independent Expert Advisory Group on a Data Revolutionfor Sustainable Development. (2014), pg. 18, see also, Hilbert, M. Big Data for Development: From Information- to Knowledge Societies (2013). Available at SSRN: http://ssrn.com/abstract=2205145

[23] Greenleaf, G. Abandon All Hope? Foreword for Issue 37(2) of the UNSW Law Journal on 'Communications Surveillance, Big Data, and the Law' ,(2014) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2490425##, Boyd, D., and Crawford, K. 'Critical Questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon', Information, Communication & Society, Vol. 15, Issue 5, (2012) http://www.tandfonline.com/doi/abs/10.1080/1369118X.2012.678878

[24] Tene, O., &Polonetsky, J. Big Data for All: Privacy and User Control in the Age of Analytics, 11 Nw. J. Tech. &Intell. Prop. 239 (2013) http://scholarlycommons.law.northwestern.edu/njtip/vol11/iss5/1

[25] Narayanan and Shmatikov quoted in Ibid.,

[26] OECD, Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, The Organization for Economic Co-Operation and Development, (1999); The European Parliament and the Council of the European Union, EU Data Protection Directive, "Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data," (1995)

[27] Barocas, S., &Selbst, A, D., Big Data's Disparate Impact,California Law Review, Vol. 104, (2015). Available at SSRN: http://ssrn.com/abstract=2477899

[28] Article 29 Working Group., Opinion 03/2013 on purpose limitation, Article 29 Data Protection Working Party, (2013) available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2013/wp203_en.pdf

[29] Solove, D, J. Privacy Self-Management and the Consent Dilemma, 126 Harv. L. Rev. 1880 (2013), Available at: http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2093&context=faculty_publications

[30] Brandimarte, L., Acquisti, A., & Loewenstein, G., Misplaced Confidences:

Privacy and the Control Paradox, Ninth Annual Workshop on the Economics of Information Security (WEIS) June 7-8 2010, Harvard University, Cambridge, MA, (2010), available at: https://fpf.org/wp-content/uploads/2010/07/Misplaced-Confidences-acquisti-FPF.pdf

[31] Solove, D, J., Privacy Self-Management and the Consent Dilemma, 126 Harv. L. Rev. 1880 (2013), Available at: http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2093&context=faculty_publications

[32] Yu, W, E., Data., Privacy and Big Data-Compliance Issues and Considerations, ISACA Journal, Vol. 3 2014 (2014), available at: http://www.isaca.org/Journal/archives/2014/Volume-3/Pages/Data-Privacy-and-Big-Data-Compliance-Issues-and-Considerations.aspx

[33] Ramirez, E., Brill, J., Ohlhausen, M., Wright, J., & McSweeny, T., Data Brokers: A Call for Transparency and Accountability, Federal Trade Commission (2014) https://www.ftc.gov/system/files/documents/reports/data-brokers-call-transparency-accountability-report-federal-trade-commission-may-2014/140527databrokerreport.pdf

[34] Michel Foucault, Discipline and Punish: The Birth of the Prison. Translated by Alan Sheridan, London: Allen Lane, Penguin, (1977)

[35] Marthews, A., & Tucker, C., Government Surveillance and Internet Search Behavior (2015), available at SSRN: http://ssrn.com/abstract=2412564

[36] Boyd, D., and Crawford, K. 'Critical Questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon', Information, Communication & Society, Vol. 15, Issue 5, (2012)

[37] Hirsch, D., That's Unfair! Or is it? Big Data, Discrimination and the FTC's Unfairness Authority, Kentucky Law Journal, Vol. 103, available at: http://www.kentuckylawjournal.org/wp-content/uploads/2015/02/103KyLJ345.pdf

[38] Hill, K., How Target Figured Out A Teen Girl Was Pregnant Before Her Father Didhttp://www.forbes.com/sites/kashmirhill/2012/02/16/how-target-figured-out-a-teen-girl-was-pregnant-before-her-father-did/

[39] Anderson, C (2008) "The End of Theory: The Data Deluge Makes the Scientific Method Obsolete", WIRED, June 23 2008, www.wired.com/2008/06/pb-theory/

[40] Ibid.,

[41] Kitchen, R (2014) Big Data, new epistemologies and paradigm shifts, Big Data & Society, April-June 2014: 1-12

[42] Boyd D and Crawford K (2012) Critical questions for big data. Information, Communication and Society 15(5): 662-679

[43] Ibid

[44] Lazer, D., Kennedy, R., King, G., &Vespignani, A. " The Parable of Google Flu: Traps in Big Data Analysis ." Science 343 (2014): 1203-1205. Copy at http://j.mp/1ii4ETo

[45] Boyd, D., and Crawford, K. 'Critical Questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon', Information, Communication & Society,Vol 15, Issue 5, (2012) http://www.tandfonline.com/doi/abs/10.1080/1369118X.2012.678878

[46] Leinweber, D. (2007) 'Stupid data miner tricks: overfitting the S&P 500', The Journal of Investing, vol. 16, no. 1, pp. 15-22. http://m.shookrun.com/documents/stupidmining.pdf

[47] Boyd D and Crawford K (2012) Critical questions for big data. Information, Communication and Society 15(5): 662-679

[48] McCue, C., Data Mining and Predictive Analysis: Intelligence Gathering and Crime Analysis, Butterworth-Heinemann, (2014)

[49] De Zwart, M. J., Humphreys, S., & Van Dissel, B. Surveillance, big data and democracy: lessons for Australia from the US and UK. Http://www.unswlawjournal.unsw.edu.au/issue/volume-37-No-2. (2014) Retrieved from https://digital.library.adelaide.edu.au/dspace/handle/2440/90048

[50] Boyd, D., and Crawford, K. 'Critical Questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon', Information, Communication & Society,Vol 15, Issue 5, (2012) http://www.tandfonline.com/doi/abs/10.1080/1369118X.2012.678878; Newman, N., Search, Antitrust and the Economics of the Control of User Data, 31 YALE J. ON REG. 401 (2014)

[51] Newman, N., The Cost of Lost Privacy: Search, Antitrust and the Economics of the Control of User Data (2013). Available at SSRN: http://ssrn.com/abstract=2265026, Newman, N. ,Search, Antitrust and the Economics of the Control of User Data, 31 YALE J. ON REG. 401 (2014)

[52] Ibid.,

[53] European Data Protection Supervisor, Privacy and competitiveness in the age of big data:

The interplay between data protection, competition law and consumer protection in the Digital Economy, (2014), available at: https://secure.edps.europa.eu/EDPSWEB/webdav/shared/Documents/Consultation/Opinions/2014/14-03-26_competitition_law_big_data_EN.pdf

[54] Boyd, D., and Crawford, K. 'Critical Questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon', Information, Communication & Society,Vol 15, Issue 5, (2012) http://www.tandfonline.com/doi/abs/10.1080/1369118X.2012.678878

[55] Schradie, J., Big Data Not Big Enough? How the Digital Divide Leaves People Out, MediaShift, 31 July 2013, (2013), available at: http://mediashift.org/2013/07/big-data-not-big-enough-how-digital-divide-leaves-people-out/

[56] Crawford, K., The Hidden Biases in Big Data, Harvard Business Review, 1 April 2013 (2013), available at: https://hbr.org/2013/04/the-hidden-biases-in-big-data

[57] Robinson, D., Yu, H., Civil Rights, Big Data, and Our Algorithmic Future, (2014) http://bigdata.fairness.io/introduction/

[58] Ibid.

[59] Ibid

[60] Rotellla, P., Is Data The New Oil? Forbes, 2 April 2012, (2012), available at: http://www.forbes.com/sites/perryrotella/2012/04/02/is-data-the-new-oil/

[61] Barocas, S., &Selbst, A, D., Big Data's Disparate Impact,California Law Review, Vol. 104, (2015). Available at SSRN: http://ssrn.com/abstract=2477899; Kshetri. N, 'The Emerging role of Big Data in Key development issues: Opportunities, challenges, and concerns'. Big Data & Society(2014) http://bds.sagepub.com/content/1/2/2053951714564227.abstract

[62] Pasquale, F., The Black Box Society: The Secret Algorithms That Control Money and Information, Harvard University Press , (2015)

For more details visit https://cis-india.org/internet-governance/blog/benefits-and-harms-of-big-data

Facebook Shares 10 Key Facts about Free Basics. Here's What's Wrong with All 10 of Them.

sunil — 2015-12-25T14:59:10Z

Shweta Sengar of Catch News spoke to 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'.

Facebook has rebranded internet.org as Free Basics. After suffering from several harsh blows from the net neutrality activists in India, the social media behemoth is positioning a movement in order to capture user attention.

Apart from a mammoth two page advertisement on Free Basics on 23 December in a leading English daily, we spotted a numerous hoardings across the capital.

Unlike Facebook, Wikipedia has a rather upfront approach for raising funds. You must have noticed a pop-up as you open Wikipedia when they are in need of funds. What Facebook has done is branded Free Basics as 'free' as the basic needs of life.

The newspaper advertisement by Facebook was aimed at clearing all the doubts about Free Basics. The 10 facts highlighted a connected India and urging users to take the "first step towards digital equality."

In an interview with Catch, Sunil Abraham, Executive Director of Bangalore based research organisation, the Centre for Internet and Society, shared his thoughts on the controversial subject. Abraham countered each of Facebook's ten arguments. Take a look:

01 Free basics is open to any carriers. Any mobile operator can join us in connecting India.

Sunil Abraham: Free Basics was initially exclusive to only one telecom operator in most markets that it was available in.

The non-exclusivity was introduced only after activists in India complained. But now the arrangement is exclusive to Free Basics as a walled garden provider. But discrimination harms remain until other Internet services can also have what Facebook has from telecom operators ie. free access to their destinations.

02 We do not charge anyone anything for Free Basics. Period.

SA: As Bruce Schneier says "surveillance is the business model of the Internet". Free basics users are subject to an additional layer of surveillance ie. the data retention by the Facebook proxy server. Just as Facebook cannot say that they are ignoring Data Protection law because Facebook is a free product - they cannot say that Free Basics can violate network neutrality law because it is a free service. For ex. Flipkart should get Flipkart Basic on all Indian ISPs and Telcos.

03 We do not pay for the data consumed in Free Basics. Operators participate because the program has proven to bring more people online. Free Basics has brought new people onto mobile networks on average over 50% faster since launching the service.

SA: Facebook has been quoting statistics as evidence to influence the policy formulation process. But we need the absolute numbers and we also need them to be independently verifiable. At the very least we need the means to cross verify these numbers with numbers that telcos and ISPs routinely submit to TRAI.

Theoretical harms must be addressed through net neutrality regulation. For example, you don't have to build a single, centralised database of all Indian citizens to know that it can be compromised - from a security design perspective centralisation is always a bad idea. Gatekeeping powers given to any powerful entity will be compromised. While evidence is useful, regulation can already begin based on well established regulatory principles. After scientific evidence has been made available - the regulation can be tweaked.

04 Any developer or publisher can have their content on Free Basics. There are clear technical specs openly published here ... and we have never rejected an app or publisher who has me these tech specs.

SA: Again this was only done as a retrospective fix after network neutrality activists in India complained about exclusive arrangements. For example, the music streaming service Hungama is not a low-bandwidth destination but since it was included the technical specifications only mentions large images and video files. Many of the other sites are indistinguishable from their web equivalents clearly indicating that this was just an afterthought. At the moment Free Basics has become controversial so most developers and publishers are not approaching them so there is no way for us to verify Facebook's claim.

05 Nearly 800 developers in India have signed their support for Free Basics.

SA: I guess these are software developers working in the services industry who don't see themselves as potential competition to Facebook or any of the services within Free Basics. Also since Facebook as been completely disingenuous when it comes to soliciting support for their campaigns it is very hard to believe these claims. It has tried to change the meaning of the phrase "net neutrality" and has framed the debate in an inaccurate manner - therefore I could quite confidently say that these developers must have been fooled into supporting Free Basics.

06 It is not a walled garden: In India, 40% of people who come online through Free Basics are paying for data and accessing the full internet within the first 30 days. In the same time period, 8 times more people are paying versus staying on just

SA: Again, no absolute numbers and also no granularity in the data that makes it impossible for anyone to verify these numbers. Also there is no way to compare these numbers to access options that are respectful of network neutrality such as equal rating. If the numbers are roughly the same for equal rating and zero-rating then there is no strong case to be made for zero-rating.

07 Free Basics is growing and popular in 36 other countries, which have welcomed the program with open arms and seen the enormous benefits it has brought.

SA: Free Basics was one of the most controversial topics at the last Internet Governance Forum. A gratis service is definitely going to be popular but that does not mean forbearance is the only option for the regulator. In countries with strong civil society and/or a strong regulator, Free Basics has ran into trouble. Facebook has been able to launch Free Basics only in jurisdictions where regulators are still undecided about net neutrality. India and Brazil are the last battle grounds for net neutrality and that is why Facebook is spending advertising dollar and using it's infrastructure to win the global south.

08 In a recent representative poll, 86% of Indians supported Free Basics by Facebook, and the idea that everyone deserves access to free basic internet services.

SA: This is the poll which was framed in alarmist language where Indian were asked to choose between perpetuating or bridging the digital divide. This is a false choice that Facebook is perpetuating - with forward-looking positive Network Neutrality rules as advocated by Dr. Chris Marsden it should be possible to bridge digital divide without incurring any free speech, competition, innovation and diversity harms.

09 In the past several days, 3.2 million people have petitioned the TRAI in support of Free Basics.

SA: Obviously - since Free Basics is better than nothing. But the real choice should have been - are you a) against network neutrality ie. would you like to see Facebook play gatekeeper on the Internet OR b) for network neutrality ie. would you like to see Free Basics forced to comply with network neutrality rules and expand access without harms to consumers and innovators.

10 There are no ads in the version of Facebook on Free Basics. Facebook produces no revenue. We are doing this to connect India, and the benefits to do are clear.

SA: As someone who has watched the Internet economy since the first dot com boom - it is absolutely clear that consumer acquisition is as important as revenues. They are doing it to connect people to Facebook and as a result some people will also connect to the Internet. But India is the last market on the planet where the walled garden can be bigger than the Internet, and therefore Facebook is manipulating the discourse through it's dominance of the networked public sphere.

Bravo to TRAI and network neutrality activists for taking Facebook on.

Originally published by Catch News, on December 24, 2015.

For more details visit https://cis-india.org/internet-governance/news/facebook-shares-10-key-facts-about-free-basics-heres-whats-wrong-with-all-10-of-them

The Infrastructure Turn in the Humanities

sneha-pp — 2016-06-30T05:07:06Z

An extended survey of digital initiatives in arts and humanities practices in India was undertaken during the last year. Provocatively called 'mapping digital humanities in India', this 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. Instead of importing this term to describe practices taking place in this country - especially when the term itself is relatively unstable and undefined even in the Anglo-American context - what I chose to do was to take a few steps back, and outline a few questions/conflicts that the digital practitioners in arts and humanities disciplines are grappling with. The final report of this study will be published serially. This is the fourth among seven sections.

Sections

01. Digital Humanities in India?

02. A Question of Digital Humanities

03. Reading from a Distance – Data as Text

04. The Infrastructure Turn in the Humanities

05. Living in the Archival Moment

06. New Modes and Sites of Humanities Practice

07. Digital Humanities in India – Concluding Thoughts

In an article in the Digital Humanities Quarterly describing the emergence of the term cyberinfrastructure, Patrik Svensson speaks of an ‘infrastructure turn’ in the humanities, pointing towards a seemingly new found interest and investment in resources and tools for humanities research, pedagogy and publication in many universities and other knowledge institutions (Svensson 2011). Though the term has not been significantly used otherwise, it is interesting to note the implications of such a statement in the context of other such important ‘turns’ in the history of ideas, such as the linguistic or cultural turn. Particularly in the predominant debates around digital humanities, which are largely Anglo-American, infrastructure is an important and inherent component of any thinking around this area, as it derives many of its theoretical and practical concerns from a history of humanities computing. A lot of early work in DH was done in in the area of digital archives and knowledge repositories, such as The Walt Whitman Archive, Rossetti and Blake archives (Gold and Groom 2011, Drucker 2011), where digitization and algorithmic querying were important developments in terms of imagining and opening up the archive. From there to seemingly complex projects on data mapping, visualization, distant reading and cultural analytics, which require parsing through a huge corpora of humanities data, the growth of infrastructure has been a key aspect of these developments, although this many not be emphasized in the early literature about the field. The use of computational methods and the move towards the use of big data in the humanities has been an important change in terms of objects of the enquiry and methodology, and infrastructure is an essential condition of both these changes.

Like with other disciplines the nature of infrastructure and resources available to the humanities – in the form of galleries, archives, libraries, museums and now online repositories, language laboratories, and bibliographic, writing and editing tools and software – have also in some manner influenced the nature or scope of questions that could be asked of an object or text. It is therefore useful to explore the influence of infrastructure at a very conceptual level, in terms of what new ways of enquiry have been made possible with digital technologies and the internet. Now with new tools that can parse many pages of text at a go, or an algorithm that can derive patterns from a data set of images, video or other cultural artifacts, the scope of the enquiry seems to have increased exponentially, as much literature around DH suggests (Berry 2011). Indeed this point is also a bone of contention for many traditional humanities scholars, as it not only seems to be a technologically deterministic notion, but also one that takes away from more conventional methods of humanities research, which are based on close reading and interpretation of texts. In the Indian context however, these possibilities still seem distant owing to several gaps in terms of requirements of infrastructure, resources and material. In many institutions, the lack of basic infrastructure and resources in the form of libraries, classroom teaching-learning resources and access to the internet and other digital tools for the humanities continues to remain a problem. Existing institutional infrastructure is lesser that what is required, and mostly outdated.

This conflict over whether new tools and resources for the humanities is taking away or adding to humanities research is better understood in the light of how the concept of infrastructure has been understood, and specifically in the context of communication and research. Brian Larkin (2008) describes infrastructures as “institutionalized networks that facilitate the flow of goods in a wider cultural as well as physical sense”. He talks about both technical (such as transport, telecommunications, urban planning, energy and water) and ‘soft’ infrastructure such as the knowledge of a language, or cultural style and religious learnings. He therefore defines infrastructure as “this totality of both technical and cultural systems that create institutionalized structures whereby goods of all sorts circulate, connecting and binding people into collectivities.” This definition opens out the understanding of the term a little more, for it brings within the ambit different kinds of goods – such as knowledge, and proposes that infrastructure has the power to bind people within collectivities, thus emphasizing both its limitations as well as potentialities.

The notion of infrastructure as not being neutral to culture is further emphasized when Larkin talks about its mediating capacities, brought about by a layering of new technologies over old ones. "Infrastructures…mediate and shape the nature of economic and cultural flows and the fabric of urban life. One powerful articulation of this mediation is the monumental presence of infrastructures themselves" (Ibid.: 6). Thus the understanding of infrastructures as merely a means of the execution of ideas is one of the obstacles in terms of imagining them as more central to the work of the humanities. Often, the notion of infrastructure has been understood in terms of the institutional infrastructure in place, and not in terms of the smaller networks, tools or resources that build it, which are often located at the level of individuals. Ownership is a key aspect of the problem here, because the ownership of such infrastructure is largely with the state or large corporate entities, and not something within the ambit of small and private institutions or even individuals, and this often mandates the manner of their use. Indeed in the case of DH, there are certain kinds of technologies and resources that cannot be replicated easily at all, as such it is something that needs investment from the state and large knowledge institutions such as the university. Another problem, as rightly identified by Svensson is that the imagination of research infrastructures has been primarily in terms of the needs of the natural sciences, as a result of which resources, tools and materials for the humanities often end up being inadequate, in terms of financial and intellectual investment. Thus not only is there a challenge in terms of the availability of infrastructure, but also with respect to the optimum utilization of what is available.

Some of the practitioners and scholars interviewed as part of this mapping have also repeatedly brought up a number of concerns about (or the lack of) infrastructure they have had to use, modify and develop as part of their projects and research. Dr. Indira Chowdhury, historian and Founder-Director of the Centre for Public History (CPH) at the Srishti School of Art, Design and Technology, Bangalore finds it rather ironic that a city like Bangalore, with so much infrastructure at its disposal has such little thinking in the humanities. There are of course several reasons for this, she says, and in many places infrastructure development is restricted for certain reasons, like for example in Kashmir, where the use of internet and mobile phones is regulated strictly due to security concerns. The key question of course is to have more of a dialogue between places to ensure that they are not functioning in isolation. She also emphasizes that the problems are also at a more basic level, like with transcription for example [1]. The advent of the digital has brought with it several new possibilities, but she also talks about the many misconceptions that seem to be prevalent with regard to the digital, particularly in terms of preservation and storage capacity. The question of format is of great importance and a determining factor in much of research that mobilizes digital technologies. As part of her work on archiving oral histories, she has often had to emphasize that there are specific formats for a digital oral archive. As she says:

You should not switch to say MP3 just because it’s cheaper, more convenient and a lighter file. I often have people arguing that I just bought a recorder, it gives me a clear recording [in the MP3 format] etc. If you were to archive that file you would find that within a few years you begin to lose data on that file. The digital archive has also made people think a lot more about what they are preserving, in what format. These are things you then teach yourself, you do not archive in certain formats, or rely on an archive of MP3 files, because every time you copy them onto something it would have lost a little bit of its description. So these are things that make the historian more oriented, you think a lot more about what you are doing.

She therefore warns against these presumptions that a digital archive will resolve completely problems of space and preservation, as a change in format can easily render your data inaccessible and essentially useless. The idea of ‘loss of data’ and lack of space is something easily missed, as there a notion of the digital being an endless space, but that too comes at a cost. As Jonathan Sterne (2013) explains in his work on the MP3 as a cultural artifactiv, it is a format that works through compression and elimination of excess sound, which eventually greatly affects the quality of the sound object itself. The notion of the digital rendering a certain quality of sound, and by implication generating a ‘better’ digital artifact itself, is therefore highly debatable.

There are other considerations to bear in mind as well. As Padmini Ray Murray, another faculty member at the CPH points out, the context of such work in the global south is very different, and lack of good infrastructure is definitely one of the major problems. There are issues of bandwidth, problems such as surveillance, and issues with regulation of internet access, now the issue of network neutrality and so on, all of which have implications for possible digital humanities work and specifically work on digital archives. A significant challenge she sees is that we don't have mechanisms to translate between/ from Indian languages. She says that:

It would be amazing to have an archive metadata tool that can work with different Indian languages which at the moment is an impossibility. This is where a place like Bangalore comes into the picture... We need to pull on resources that are being pioneered in places like the IITs, or institutions here working with natural language processing...technologies that we cannot in a humanities context create, but pull those in to use them for humanities research. But the questions that we are asking are necessarily quite different, from what we have in the West.

The problem with Indian languages brings out the problems that are specific to the global south and therefore the infrastructure needs of humanities research work. Padmini Murray mentions Bichitra, the online variorum of the works of Rabindranath Tagore developed by the School of Cultural Texts and Records at Jadavpur University as an effective illustration of the challenges faced by researchers working in languages other than English. She explains “The very level of creating the code for Bichitra was different, because it had to be done from scratch. Finding a set of reliable Bangla characters is difficult because the ligatures get mixed up, so they created a character set from scratch to create Bichitra, and for Prabhed [the collation software] which works within it.” The problem of a lack of standardization for Indic language inputs is therefore an immediate practical concern for archival work in different languages in India [2].

Indiancine.ma [3], an online archive of Indian film, has similarly been experimenting with different ways of reading and annotating film text, with a focus right now on films that are out of copyright. It uses an open-source platform named Pandor/a [4] for media archives, which helps to organise and manage large, decentralized collections of video, to collaboratively create metadata and time-based annotations, and to archive as a desktop-class web application. The editing tool enables a user to pause, cut and annotate a particular scene or sequence in the film according to a time code, thus creating enormous new possibilities in terms of how we engage with the film text at several levels. The different ways of organising content through different filters also helps map content in unique ways and read them. According to Jan Gerber and Sebastian Lutgert, who are part of the team that developed the archive and its predecessor Pad.ma [5], Indiancine.ma is a work in progress, and it will always be, so as to allow new opportunities to present themselves with every change in the software and tools being used. They are particular about the archive being open to a variety of users and uses – that is, it is not only a tool or space of publication for humanities researchers, but is also a software project, a resource for a film fan club, and many other things as it is open to interpretation. It is meant for people to build together and have conversations across domains and disciplines. In their work with people from both the humanities and sciences, they do see a void or gap between domains, and reiterate that it is very difficult for people to have a conversation across their disciplinary moorings. Infrastructure development has also become divided across these lines, and suffers from a kind of tunnel vision which often prevents it from being developed in response to the needs of the communities it is meant to address. As Sebastian recollects the experience of creating Pad.ma, a similar online video archive using the same platform, Pandor/a, he speaks of collaborating with people from a non-technology background, at the artists collective CAMP in Mumbai [6], and how the lack of a hierarchy between technologists and non-technologists only contributed to making these projects better. A lot of the early software projects in India suffered due to this distance between people from technology and non-technology backgrounds, and the lack of a common language for them to communicate. Both Sebastian and Jan themselves come with training and experience in diverse areas, ranging from philosophy and visual arts to software development, and believe that their contribution to this archive is more conceptual than technological. They also see the Free and Open Source Software (FOSS) culture, then a rather incipient movement in India when they had just begun work on these projects, as one that can foster more conversations and collaborative work in technology and research in India. When they had started out of course, it was very difficult to convince people to use free and open source software, or even get filmmakers to release their footage for an open access platform like Pad.ma. CAMP was one of the few spaces then that had this open source culture, and it encouraged people to collaborate extensively, across areas of expertise. As Sebastian says “You deal with a relatively complex informatics system, but you are fully aware that you can modify and change things, and deal with them in a transparent way, which is great.” Both claim that nobody owns Pad.ma or Indiancine.ma, but everybody looks after it in a way, because they all use it differently depending on their interests, and this nurtures and builds the platform in different ways. The availability of this somewhat outside/alternate space for collaboration, and working within the open source context has been instrumental in the growth of these two online open access archives.

The computational aspects of Pad.ma and Indiancine.ma, and even Bichitra to some extent is may be something to look forward to for researchers interested in exploring the possibilities of such research with these platforms. Given that both are essentially large corpora of material, introducing new algorithmic tools to work with them is not a distant possibility, something that has also been the core of a lot of DH work in the Anglo-American context. Jan and Sebastian have tried this already with one of their earlier projects, 0xdb [7], which is another online archive of cinema, by running a color recognition algorithm on it. There is an instance of face detection and speech recognition software that could be run on this platform, with interesting results. The existing filters on Indiacine.ma also make it possible to search for images or sequences based on colour and object recognition. For instance, an interesting experiment is to search for ‘telephone’ in the archive, which pulls up images containing telephones from across the entire corpus, outlining an interesting trajectory of the use of the instrument. While helpful in terms of querying and searching over a large corpus, they also emphasize the need to be able to make sense of it in a meaningful way. As Jan says “Most of this software is developed really as a means of control, in the area of surveillance etc., and not for exploring; it is more of a content identifying tool rather than to discover things. Clustering or referencing credits are other possibilities, but its more statistical analysis of the footage; are they really adding anything qualitative to cinema studies is still an open question”. Given this disjuncture in what these tools are developed for and how they are finally used, a point of concern is whether the research questions are also driven by the possibilities and limitations of the software itself. While that remains a broader question, Sebastian feels that more than a software, this is a new digital eco-system itself, and using these platforms in different ways, in fact even beyond what they were imagined for, will drive the technology in new directions. The limitation of computational tools as he sees now is really the speed, and given the expenses involved, they may not be feasible to implement and expect results anytime soon.

Both the above platforms demonstrate a certain ability to read texts both closely, as well as from a distance through the use of algorithmic tools, thus demonstrating the possibilities of analysis afforded by the infrastructure it has been built with. More importantly, they also highlight the limits of such tools and resources due to several challenges posed by the material itself. In the case of Bichitra, the problems of developing a code for Bengali characters has put forth a number of technological challenges; a pointer towards one among many problems for archiving materials in Indian languages. Indiancine.ma and Pad.ma are more symptomatic of the context in which new technologies can develop today given the support and space for collaboration and conversations across domains of expertise. The problems of format and technological obsolescence brought up by scholars at CPH is an important one; while colluding with proprietary software is inevitable in some cases, as suggested by the practitioners and researchers behind these platforms, keeping back-ups of material and being able to migrate out of a digital platform at any given point is also extremely essential. Such flexibility of material, and immense interoperability – across domains, formats and social-cultural contexts including language is something that researchers in DH, or for that matter in any field that actively engages with the internet and digital technologies would look for in the infrastructure that they build for research, scholarship and pedagogy. Infrastructure continues to remain a critical aspect knowledge production and dissemination, and it is imperative now more than ever, that it is addressed at the conceptual level of any research intervention involving digital technologies and knowledge production.

Notes

[1] See section on Archives for a more detailed discussion on this issue: http://cis-india.org/raw/living-in-the-archival-moment.

[2] See the section on Reading from a Distance – Data as Text for more on this: http://cis-india.org/raw/reading-from-a-distance-data-as-text.

[3] See: http://indiancine.ma/

[4] See: https://pan.do/ra

[5] See: http://pad.ma/

[6] See: http://studio.camp/

[7] See: https://0xdb.org/

References

Berry, D.M. "The Computational Turn", Culture Machine. Vol 12, 2011. http://www.culturemachine.net/index.php/cm/article/viewArticle/440.

Drucker, Johanna, "Humanistic Theory and Digital Scholarship" In Debates in the Digital Humanities. Minneapolis: University of Minnesota Press, 2012, http://dhdebates.gc.cuny.edu/debates/text/34.

Gold, Matthew K. and Jim Groom. "Looking for Whitman: A Grand, Aggregated Experiment". In Debates in the Digital Humanities. Minneapolis: University of Minnesota Press, 2012, http://dhdebates.gc.cuny.edu/debates/text/5.

Larkin, Brian. "Introduction". In Signal and Noise: Media, Infrastructure and Urban Culture in Nigeria. London: Duke University Press, 2008

Sterne, Jonathan, 'The MP3 as Cultural Artifact,' New Media and Society. Vol. 18(5):825–842, 2006

Svensson, Partrik, "From Optical Fibre to Conceptual Cyberinfrastructure" In' Digital Humanities Quarterly, Vol.5, No.1, 2011. http://www.digitalhumanities.org/dhq/vol/5/1/000090/000090.html.

For more details visit https://cis-india.org/raw/the-infrastructure-turn-in-the-humanities

IRC16 - Proposed Session - #MinimalComputing

sumandro — 2016-01-03T06:57:20Z

This is a session proposed for the Internet Researchers' Conference (IRC) 2016 by Padmini Ray Murray and Sebastian Lütgert.

Session

The triumphal mythic narrative of India’s relatively high and rapid rates of Internet penetration is underpinned by the country’s access to data via mobile devices. The black box proprietary technology of the iPhone, or the less explicitly restrictive nexus (pun unintended) between the Android OS with device manufacturers, has meant we have large swathes of technology users whose only encounter with online content has been via these closed ecosystems. Minimal computing is both an intellectual intention and pragmatic response that seeks to disrupt these systems by subverting existing frameworks and creating new infrastructures, acknowledging the ground realities that exist in India, such as lack of resources and access. This position essentially privileges “ease of use, ease of creation, increased access and reductions in computing—and by extension, electricity” (Gil). The intention of this workshop is to explore, discover, discuss and build resources that observe these tenets, under different heads, such as physical computing, archives, interface, database.

One of the obvious outcomes of the growth of digital technology in the region is the increasing intersection with the scholarly record – be that a theorizing of these new contexts, as is the case at this conference, or in the building of dissemination tools for memory institutions or academic scholarship. As such scholarship (which would be considered under the rubric of the digital humanities) is still in its early stages, it is incumbent upon us to set an example for other scholars when we build these resources; fast to load, easy to build and administer, which can function in low-bandwidth areas – especially as we embark on larger scale projects that are now possible through advances in digitization of different forms of content, as well as of Indic language character sets. Uses of technology in India are often anarchic, and the digital is constantly imbricated with the analogue and these grassroots, informal practices could usefully inform scholarship in this area, and possibly be transposed to other similar environments, such as those found in the global south.

The other crucial exploration that will be undertaken in this workshop will be how to use guerilla computing and other methods to safeguard our fundamental human rights both online and offline, strategies increasingly essential in a country where censorship against individuals and misuse of personal data is rapidly on the rise. The online citizen must be encouraged to think about the virtual space in which s/he works and plays, and learn how to navigate it responsibly, by being alert to the dangers of the networked world being overly regulated, and this workshop will also discuss surveillance and collection of personal data by governments, corporations, advertisers, and hackers, and how to circumvent it using relatively simple methods.

Plan

At the outset of the workshop, participants will be introduced by the co-leaders to some examples and concepts in #minimalcomputing, and then to a range of tools and resources such as Markdown, Jekyll, Pan.do/ra, Pandoc etc., as well as simple encrypting methods. Participants will also be encouraged to share examples of good practice that they might have encountered in their own contexts.

Participants will then be asked to consider a digital project that they might be in the process of building, or envisioning, or to reflect on their personal digital footprint and be facilitated by the co-leaders on how to rebuild and reimagine these using a minimal computing perspective, and to document these ideas so they might be shared with the rest of the group, and promote more discussion.

The aim of the workshop is to draw upon collective expertise to create a handbook of sustainable, scalable resources that can be created without over reliance on third party infrastructures, in order to retain agency over projects initiatives and digital identities; and provide a roadmap for an alternative Internet that meets the needs of users in both personal and professional contexts.

Readings

Budish, Ryan and West, Sarah Myers and Gasser, Urs. Designing Successful Governance Groups: Lessons for Leaders from Real-World Examples (August 2015). Berkman Center Research Publication No. 2015-11. Available at SSRN: http://ssrn.com/abstract=2638006.

This reading sets out how an effective multistakeholder governance group might be structured, convened and operate and its stated values of inclusiveness, transparency, accountability, legitimacy, and effectiveness might serve as a useful guide to how we might envision a #minimalcomputing community.

Gil, Alex. The User, the Learner and the Machines We Make. Minimal Computing website. (May 2015). Available at: https://go-dh.github.io/mincomp/thoughts/2015/05/21/user-vs-learner/.

This reading sets out some of the underlying concepts of #minimalcomputing and raises important questions that might be flagged up for discussion during the workshop.

https://github.com/xpmethod/dhnotes/

A growing resource for relevant material and information on #minimalcomputing – start here.

For more details visit https://cis-india.org/raw/irc16-proposed-minimalcomputing

Security Research

vanya — 2016-01-03T09:55:27Z

The Centre Internet and Society, India has been researching privacy policy in India since the year 2010 with the following objectives.

Research on the issue of privacy in different sectors in India.
Monitoring projects, practices, and policies around those sectors.
Raising public awareness around the issue of privacy, in light of varied projects, industries, sectors and instances.

State surveillance in India has been carried out by Government agencies for many years. Recent projects include: NATGRID, CMS, NETRA, etc. which aim to overhaul the overall security and intelligence infrastructure in the country. The purpose of such initiatives has been to maintain national security and ensure interconnectivity and interoperability between departments and agencies. Concerns regarding the structure, regulatory frameworks (or lack thereof), and technologies used in these programmes and projects have attracted criticism.

Surveillance/Security Research -

1. Central Monitoring System -

The Central Monitoring System or CMS is a clandestine mass electronic surveillance data mining program installed by the Center for Development of Telematics (C-DOT), a part of the Indian government. It gives law enforcement agencies centralized access to India's telecommunications network and the ability to listen in on and record mobile, landline, satellite, Voice over Internet Protocol (VoIP) calls along with private e-mails, SMS, MMS. It also gives them the ability to geo-locate individuals via cell phones in real time.

The Central Monitoring System: Some Questions to be Raised in Parliament http://bit.ly/1fln2vu

India´s ´Big Brother´: The Central Monitoring System (CMS) http://bit.ly/1kyyzKB

India's Central Monitoring System (CMS): Something to Worry About? http://bit.ly/1gsM4oQ

C-DoT's surveillance system making enemies on internet http://cis-india.org/news/dna-march-21-2014-krishna-bahirwani-c-dots-surveillance-system-making-enemies-on-internet

2. Surveillance Industry : Global And Domestic -

The surveillance industry is a multi-billion dollar economic sector that tracks individuals along with their actions such as e-mails and texts. With the cause for its existence being terrorism and the government's attempts to fight it, a network has been created that leaves no one with their privacy. All that an individual does in the digital world is suspect to surveillance. This included surveillance in the form of snooping where an individual's phone calls, text messages and e-mails are monitored or a more active kind where cameras, sensors and other devices are used to actively track the movements and actions of an individual. This information allows governments to bypass the privacy that an individual has in a manner that is considered unethical and incorrect. This information that is collected also in vulnerable to cyber-attacks that are serious risks to privacy and the individuals themselves. The following set of articles look into the ethics, risks, vulnerabilities and trade-offs of having a mass surveillance industry in place.

Surveillance Technologies http://bit.ly/14pxg74

New Standard Operating Procedures for Lawful Interception and Monitoring http://bit.ly/1mRRIo4

Video Surveillance and Its Impact on the Right to Privacy http://cis-india.org/internet-governance/blog/privacy/video-surveillance-privacy

More than a Hundred Global Groups Make a Principled Stand against Surveillance http://cis-india.org/internet-governance/blog/more-than-hundred-global-groups-make-principled-stand-against-surveillance

Models for Surveillance and Interception of Communications Worldwide http://cis-india.org/internet-governance/blog/models-for-surveillance-and-interception-of-communications-worldwide

Why 'Facebook' is More Dangerous than the Government Spying on You http://cis-india.org/internet-governance/blog/why-facebook-is-more-dangerous-than-the-government-spying-on-you

The Difficult Balance of Transparent Surveillance http://cis-india.org/internet-governance/blog/the-difficult-balance-of-transparent-surveillance

UK's Interception of Communications Commissioner - A Model of Accountability http://cis-india.org/internet-governance/blog/uk-interception-of-communications-commissioner-a-model-of-accountability
Search and Seizure and the Right to Privacy in the Digital Age: A Comparison of US and India http://cis-india.org/internet-governance/blog/search-and-seizure-and-right-to-privacy-in-digital-age
State Surveillance and Human Rights Camp: Summary http://bit.ly/ZZNm6M
India Subject to NSA Dragnet Surveillance! No Longer a Hypothesis - It is Now Officially Confirmed http://bit.ly/1eqtD8g
Spy Files 3: WikiLeaks Sheds More Light on the Global Surveillance Industry http://bit.ly/1d6EmjD
Surveillance Camp IV: Disproportionate State Surveillance - A Violation of Privacy http://bit.ly/1ilTJts
Hacking without borders: The future of artificial intelligence and surveillance http://bit.ly/1kWiwGv
Driving in the Surveillance Society: Cameras, RFID tags and Black Boxes http://bit.ly/1mr3KTH
Policy Brief: Oversight Mechanisms for Surveillance http://cis-india.org/internet-governance/blog/policy-brief-oversight-mechanisms-for-surveillance

3. Judgements By the Indian Courts -

The surveillance industry in India has been brought before the court in different cases. The following articles look into the cause of action in these cases along with their impact on India and its citizens.

Anvar v. Basheer and the New (Old) Law of Electronic Evidence http://cis-india.org/internet-governance/blog/anvar-v-basheer-new-old-law-of-electronic-evidence

The Gujarat High Court Judgement on the Snoopgate Issue http://cis-india.org/internet-governance/blog/gujarat-high-court-judgment-on-snoopgate-issue

4. International Privacy Laws -

Due to the universality of the internet, many questions of accountability arise and jurisdiction becomes a problem. Therefore certain treaties, agreements and other international legal literature was created to answer these questions. The articles listed below look into the international legal framework which governs the internet.

Learning to Forget the ECJ's Decision on the Right to be Forgotten and its Implications http://cis-india.org/internet-governance/blog/learning-to-forget-ecj-decision-on-the-right-to-be-forgotten-and-its-implications
Privacy and Security Can Co-exist http://cis-india.org/internet-governance/blog/privacy-and-security
European Union Draft Report Admonishes Mass Surveillance, Calls for Stricter Data Protection and Privacy Laws http://cis-india.org/internet-governance/blog/european-union-draft-report-admonishes-mass-surveillance
Draft International Principles on Communications Surveillance and Human Rights http://bit.ly/XCsk9b

5. Indian Surveillance Framework -

The Indian government's mass surveillance systems are configured a little differently from the networks of many countries such as the USA and the UK. This is because of the vast difference in infrastructure both in existence and the required amount. In many ways, it is considered that the surveillance network in India is far worse than other countries. This is due to the present form of the legal system in existence. The articles below explore the system and its functioning including the various methods through which we are spied on. The ethics and vulnerabilities are also explored in these articles.

Paper-thin Safeguards and Mass Surveillance in India - http://cis-india.org/internet-governance/blog/paper-thin-safeguards-and-mass-surveillance-in-india

The Surveillance Industry in India: At Least 76 Companies Aiding Our Watchers! - http://cis-india.org/internet-governance/blog/the-surveillance-industry-in-india-at-least-76-companies-aiding-our-watchers

The Surveillance Industry in India - An Analysis of Indian Security Expos http://cis-india.org/internet-governance/blog/surveillance-industry-in-india-analysis-of-indian-security-expos

GSMA Research Outputs: different legal and regulatory aspects of security and surveillance in India http://cis-india.org/internet-governance/blog/gsma-research-outputs

Way to watch http://cis-india.org/internet-governance/blog/indian-express-june-26-2013-chinmayi-arun-way-to-watch
Free Speech and Surveillance http://cis-india.org/internet-governance/blog/free-speech-and-surveillance
Surveillance rises, privacy retreats http://cis-india.org/internet-governance/news/business-standard-namrata-acharya-april-12-2015-surveillance-rises-privacy-retreats

Freedom from Monitoring: India Inc. should Push For Privacy Laws http://cis-india.org/internet-governance/blog/forbesindia-article-august-21-2013-sunil-abraham-freedom-from-monitoring

Surat's Massive Surveillance Network Should Cause Concern, Not Celebration http://cis-india.org/internet-governance/blog/surat-massive-surveillance-network-cause-of-concern-not-celebration

Vodafone Report Explains Government Access to Customer Data http://cis-india.org/internet-governance/blog/vodafone-report-explains-govt-access-to-customer-data

A Review of the Functioning of the Cyber Appellate Tribunal and Adjudicator officers under the IT Act http://cis-india.org/internet-governance/blog/review-of-functioning-of-cyber-appellate-tribunal-and-adjudicatory-officers-under-it-act

A Comparison of Indian Legislation to Draft International Principles on Surveillance of Communications http://bit.ly/U6T3xy

SEBI and Communication Surveillance: New Rules, New Responsibilities? http://bit.ly/1eqtD8g

Snooping Can Lead to Data Abuse http://cis-india.org/internet-governance/blog/snooping-to-data-abuse

Big Brother is Watching You http://bit.ly/1arbxwm

Moving Towards a Surveillance State http://cis-india.org/internet-governance/blog/moving-towards-surveillance-state
How Surveillance Works in India http://cis-india.org/internet-governance/blog/nytimes-july-10-2013-pranesh-prakash-how-surveillance-works-in-india

Big Democracy, Big Surveillance: India's Surveillance State http://bit.ly/1nkg8Ho
Can India Trust Its Government on Privacy? http://cis-india.org/internet-governance/blog/new-york-times-july-11-2013-can-india-trust-its-government-on-piracy
Indian surveillance laws & practices far worse than US http://cis-india.org/internet-governance/blog/economic-times-june-13-2013-pranesh-prakash-indian-surveillance-laws-and-practices-far-worse-than-us
Security, Surveillance and Data Sharing Schemes and Bodies in India http://cis-india.org/internet-governance/blog/security-surveillance-and-data-sharing.pdf/view
Policy Paper on Surveillance in India http://cis-india.org/internet-governance/blog/policy-paper-on-surveillance-in-indiahttp://cis-india.org/internet-governance/blog/security-privacy-transparency-and-technology
The Constitutionality of Indian Surveillance Law: Public Emergency as a Condition Precedent for Intercepting Communications http://cis-india.org/internet-governance/blog/the-constitutionality-of-indian-surveillance-law
Surveillance and the Indian Constitution - Part 1: Foundations http://bit.ly/1ntqsen

Surveillance and the Indian Constitution - Part 2: Gobind and the Compelling State Interest Test http://bit.ly/1dH3meL

Surveillance and the Indian Constitution - Part 3: The Public/Private Distinction and the Supreme Court's Wrong Turn http://bit.ly/1kBosnw

Mastering the Art of Keeping Indians Under Surveillance http://cis-india.org/internet-governance/blog/the-wire-may-30-2015-bhairav-acharya-mastering-the-art-of-keeping-indians-under-surveillance

For more details visit https://cis-india.org/internet-governance/blog/security-research

Sectoral Privacy Research

vanya — 2016-01-03T09:46:20Z

The Centre for Internet and Society, India has been researching privacy in India since the year 2010, with special focus on the following issues.

Research on the issue of privacy in different sectors in India.
Monitoring projects, practices, and policies around those sectors.
Raising public awareness around the issue of privacy, in light of varied projects, industries, sectors and instances.

The Right to Privacy has evolved in India since many decades, where the question of it being a Fundamental Right has been debated many times in courts of Law. With the advent of information technology and digitisation of the services, the issue of Privacy holds more relevance in sectors like Banking, Healthcare, Telecommunications, ITC, etc., The Right to Privacy is also addressed in light of the Sexual minorities, Whistle-blowers, Government services, etc.

Sectors -

1. Consumer Privacy and other sectors -

Consumer privacy laws and regulations seek to protect any individual from loss of privacy due to failures or limitations of corporate customer privacy measures. The following articles deal with the current consumer privacy laws in place in India and around the world. Also, privacy concerns have been considered along with other sectors like Copyright law, data protection, etc.

§ Consumer Privacy - How to Enforce an Effective Protective Regime? http://bit.ly/1a99P2z

§ Privacy and Information Technology Act: Do we have the Safeguards for Electronic Privacy? http://bit.ly/10VJp1P

Limits to Privacy http://bit.ly/19mPG6I

§ Copyright Enforcement and Privacy in India http://bit.ly/18fi9fM

Privacy in India: Country Report http://bit.ly/14pnNwl

§ Transparency and Privacy http://bit.ly/1a9dMnC

§ The Report of the Group of Experts on Privacy (Contributed by CIS) http://bit.ly/VqzKtr

§ The (In) Visible Subject: Power, Privacy and Social Networking http://bit.ly/15koqol

§ Privacy and the Indian Copyright Act, 1857 as Amended in 2010 http://bit.ly/1euwX0r

§ Should Ratan Tata be afforded the Right to Privacy? http://bit.ly/LRlXin

§ Comments on Information Technology (Guidelines for Cyber Café) Rules, 2011 http://bit.ly/15kojJn

§ Broadcasting Standards Authority Censures TV9 over Privacy Violations! http://bit.ly/16L4izl

§ Is Data Protection Enough? http://bit.ly/1bvaWx2

§ Privacy, speech at stake in cyberspace http://cis-india.org/news/privacy-speech-at-stake-in-cyberspace-1

§ Q&A to the Report of the Group of Experts on Privacy http://bit.ly/TPhzQQ

§ Privacy worries cloud Facebook's WhatsApp Deal http://cis-india.org/internet-governance/blog/economic-times-march-14-2014-sunil-abraham-privacy-worries-cloud-facebook-whatsapp-deal

§ GNI Assessment Finds ICT Companies Protect User Privacy and Freedom of Expression http://bit.ly/1mjbpmL

§ A Stolen Perspective http://bit.ly/1bWHyzv

§ Is Data Protection enough? http://cis-india.org/internet-governance/blog/privacy/is-data-protection-enough

§ I don't want my fingerprints taken http://bit.ly/aYdMia

§ Keeping it Private http://bit.ly/15wjTVc

§ Personal Data, Public Profile http://bit.ly/15vlFk4

§ Why your Facebook Stalker is Not the Real Problem http://bit.ly/1bI2MSc

§ The Private Eye http://bit.ly/173ypSI

§ How Facebook is Blatantly Abusing our Trust http://bit.ly/OBXGXk

§ Open Secrets http://bit.ly/1b5uvK0

§ Big Brother is Watching You http://bit.ly/1cGpg0K

2. Banking/Finance -

Privacy in the banking and finance industry is crucial as the records and funds of one person must not be accessible by another without the due authorisation. The following articles deal with the current system in place that governs privacy in the financial and banking industry.

§ Privacy and Banking: Do Indian Banking Standards Provide Enough Privacy Protection? http://bit.ly/18fhsTM

§ Finance and Privacy http://bit.ly/15aUPh6

§ Making the Powerful Accountable http://bit.ly/1nvzSpC

3. Telecommunications -

The telecommunications industry is the backbone of current technology with respect to ICTs. The telecommunications industry has its own rules and regulations. These rules are the focal point of the following articles including criticism and acclaim.

§ Privacy and Telecommunications: Do We Have the Safeguards? http://bit.ly/10VJp1P

§ Privacy and Media Law http://bit.ly/18fgDfF

§ IP Addresses and Expeditious Disclosure of Identity in India http://bit.ly/16dBy4N

§ Telecommunications and Internet Privacy Read more: http://bit.ly/16dEcaF

§ Encryption Standards and Practices http://bit.ly/KT9BTy

§ Encryption Standards and Practices http://cis-india.org/internet-governance/blog/privacy/privacy_encryption

§ Security: Privacy, Transparency and Technology http://cis-india.org/internet-governance/blog/security-privacy-transparency-and-technolog y

4. Sexual Minorities -

While the internet is a global forum of self-expression and acceptance for most of us, it does not hold true for sexual minorities. The internet is a place of secrecy for those that do not conform to the typical identities set by society and therefore their privacy is more important to them than most. When they reveal themselves or are revealed by others, they typically face a lot of group hatred from the rest of the people and therefore value their privacy. The following article looks into their situation.

· Privacy and Sexual Minorities http://bit.ly/19mQUyZ

5. Health -

The privacy between a doctor and a patient is seen as incredibly important and so should the privacy of a person in any situation where they reveal more than they would to others in the sense of CT scans and other diagnoses. The following articles look into the present scenario of privacy in places like a hospital or diagnosis center.

§ Health and Privacy http://bit.ly/16L1AJX

§ Privacy Concerns in Whole Body Imaging: A Few Questions http://bit.ly/1jmvH1z

6. e-Governance -

The main focus of governments in ICTs is their gain for governance. There have many a multiplicity of laws and legislation passed by various countries including India in an effort to govern the universal space that is the internet. Surveillance is a major part of that governance and control. The articles listed below deal with the issues of ethics and drawbacks in the current legal scenario involving ICTs.

§ E-Governance and Privacy http://bit.ly/18fiReX

§ Privacy and Governmental Databases http://bit.ly/18fmSy8

§ Killing Internet Softly with its Rules http://bit.ly/1b5I7Z2

§ Cyber Crime & Privacy http://bit.ly/17VTluv

§ Understanding the Right to Information http://bit.ly/1hojKr7

§ Privacy Perspectives on the 2012-2013 Goa Beach Shack Policy http://bit.ly/ThAovQ

§ Identifying Aspects of Privacy in Islamic Law http://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law

§ What Does Facebook's Transparency Report Tell Us About the Indian Government's Record on Free Expression & Privacy? http://cis-india.org/internet-governance/blog/what-does-facebook-transparency-report-tell -us-about-indian-government-record-on-free-expression-and-privacy

§ Search and Seizure and the Right to Privacy in the Digital Age: A Comparison of US and India http://cis-india.org/internet-governance/blog/search-and-seizure-and-right-to-privacy-in-digital-age

§ Internet Privacy in India http://cis-india.org/telecom/knowledge-repository-on-internet-access/internet-privacy-in-i ndia

§ Internet-driven Developments - Structural Changes and Tipping Points http://bit.ly/10s8HVH

§ Data Retention in India http://bit.ly/XR791u

§ 2012: Privacy Highlights in India http://bit.ly/1kWe3n7

§ Big Dog is Watching You! The Sci-fi Future of Animal and Insect Drones http://bit.ly/1kWee1W

Privacy Law in India: A Muddled Field - I http://cis-india.org/internet-governance/blog/the-hoot-bhairav-acharya-april-15-2014-priv acy-law-in-india-a-muddled-field-1
The Four Parts of Privacy in India http://cis-india.org/internet-governance/blog/economic-and-political-weekly-bhairav-acharya-may-30-2015-four-parts-of-privacy-in-india
Right to Privacy in Peril http://cis-india.org/internet-governance/blog/right-to-privacy-in-peril
Microsoft Releases its First Report on Data Requests by Law Enforcement Agencies around the World http://bit.ly/1kWjylM
The Criminal Law Amendment Bill 2013 - Penalising 'Peeping Toms' and Other Privacy Issues http://bit.ly/1dO46o5
Privacy vs. Transparency: An Attempt at Resolving the Dichotomy http://cis-india.org/openness/blog-old/privacy-v-transparency
Open Letter to "Not" Recognize India as Data Secure Nation till Enactment of Privacy Legislation http://bit.ly/1sJME9j
Open Letter to Prevent the Installation of RFID tags in Vehicles http://bit.ly/1hxidzU
The National Privacy Roundtable Meetings http://bit.ly/158ayNW
Transparency Reports - A Glance on What Google and Facebook Tell about Government Data Requests http://bit.ly/19NYTal
CIS and International Coalition Calls upon Governments to Protect Privacy http://bit.ly/18oOTDk
An Analysis of the Cases Filed under Section 46 of the Information Technology Act, 2000 for Adjudication in the State of Maharashtra http://bit.ly/16dKyoo
Open Letter to Members of the European Parliament of the Civil Liberties, Justice and Home Affairs Committee http://bit.ly/17eZntz
CIS Supports the UN Resolution on "The Right to Privacy in the Digital age" http://bit.ly/1c2A89q
Brochures from Expos on Smart Cards, e-Security, RFID & Biometrics in India http://bit.ly/1f714fN
Electoral Databases - Privacy and Security Concerns http://bit.ly/Mb4ktM
Net Neutrality and Privacy http://bit.ly/1khi1GQ
Intermediary Liability Resources http://bit.ly/1hRT8OD
Feedback to the NIA Bill http://bit.ly/1ePhUeg
India's Identity Crisis http://bit.ly/1lTRuuz
Facebook, Privacy, and India http://bit.ly/a2HzhT
Private censorship and the Right to Hear http://cis-india.org/internet-governance/blog/the-hoot-july-17-2014-chinmayi-arun-private-censorship-and-the-right-to-hear
Your Privacy is Public Property (Rules issued by a control-obsessed government have armed officials with widespread powers to pry into your private life. http://cis-india.org/news/privacy-public-property
The India Privacy Monitor Map http://bit.ly/19A5mCZ
Privacy and Security can Co-Exist http://bit.ly/193fPXi
A Street View of the Private and The Public (http://bit.ly/15VKmdf
Sense and Censorship http://bit.ly/14KFwyo
Government access to private sector data http://bit.ly/18rjd1X
India: Privacy in Peril http://bit.ly/1g5QbZj
Big Democracy, Big Surveillance: India's Surveillance State http://bit.ly/1nkg8Ho
Who Governs the Internet? Implications for Freedom and National Security http://bit.ly/1hnnJ2a

7. Whistle-blowers -

Whistle-blowers are always in a difficult situation when they must reveal the misdeeds of their corporations and governments due to the blowback that is possible if their identity is revealed to the public. As in the case of Edward Snowden and many others, a whistle-blowers identity is to be kept the most private to avoid the consequences of revealing the information that they did. This is the main focus of the article below.

§ The Privacy Rights of Whistle-blowers http://bit.ly/18GWmM3

8. Cloud and Open Source -

Cloud computing and open source software have grown rapidly over the past few decades. Cloud computing is when an individual or company uses offsite hardware on a pay by usage basis provided and owned by someone else. The advantages are low costs and easy access along with decreased initial costs. Open source software on the other hand is software where despite the existence of proprietary elements and innovation, the software is available to the public at no charge. These software are based of open standards and have the obvious advantage of being compatible with many different set ups and are free. The following article highlights these computing solutions.

§ Privacy, Free/Open Source, and the Cloud http://bit.ly/1cTmGoI

9. e-Commerce -

One of the fastest growing applications of the internet is e-Commerce. This includes many facets of commerce such as online trading, the stock exchange etc. in these cases, just as in the financial and banking industries, privacy is very important to protect ones investments and capital. The following article's main focal point is the world of e-Commerce and its current privacy scenario.

§ Consumer Privacy in e-Commerce http://bit.ly/1dCtgTs

For more details visit https://cis-india.org/internet-governance/blog/sectoral-privacy-research

IRC16 - Proposed Session - #DisruptiveTransport (Aggregators, Ownership, Tracking, Space, Internet Models)

sumandro — 2016-01-03T07:00:57Z

This is a session proposed for the Internet Researchers' Conference (IRC) 2016 by Srinivas Kodali and William F. Stafford Jr.

Session

Transportation has been seeing disruptions through Internet aggregators using complex models which nobody understands in detail. This is primarily being seen in the space of urban transport, but is not limited to them alone. 1960`s saw disruptions in airline industry when each airline was fighting for it's own space in flight reservations and aggregations. This disruptive trend is now being observed globally in other transport modes. Aggregators are playing an important role in transporting people and disrupting markets globally. Internet Models are varying within aggregators who are not limiting themselves to ticket reservation, but are also providing information about the availability of transportation options. With increasing demand and surge pricing taking up the market, what is the role of the state. What are the ownership rights of an aggregator? What are licensing/lease models of a provider? What about un-fair practices and consumer rights? What forms of labour and regulation are imagined? What is the role of state run aggregators like IRCTC in this changing landscape?

Many of the platforms that have been created, primarily in the beginning concerning tracking or making complaints, were accessed through websites and have since been migrated either to a combined website/ app structure, or wholly to smartphone apps. This raises interesting and important questions concerning the imagination of an increased reliability and accesibility of services, as well as a power to hold public institutions accountable, as they relate to the question of access to these technologies and the habits of their use, especially demographically and linked to class.

Furthermore, both the near and far future promise an reworking of the internet as a system with which commuters and others interface to consume or deliver a service, to transport as one part of a mobility ecosystem, which is currently being tooled (both in regulatory frameworks and industrial planning) as a microcosm of the internet of things. With internet being connected to personal transport at every intersection of the road, what is the scope of privacy and accountability, the role of encryption layer and also the importance of governance in the fragile/disrupting space. How will the internet impact personal transport of citizens and the economy? Cashless payments, driver-less cars, surge-congestion pricing with disruptive internet models need regulation before they over-run and create chaos with the system.

Plan

The session will focus on Delhi as a case study.

Discussants will present their current work around these questions, and then open a discussion among those present on the issues raised therein.

The first discussant will present on the changing architecture of the auto-rickshaw meter as a regulatory platform, from the recent introduction of GPS to the creation of various surveillance and business models which either exploit its native GPS or duplicate and substitute it through the use of smartphones, and the folding of autos into the emerging e-hailing environment and the possible implications of changes being sought in the regulatory framework for connected vehicles. These include technological treatments of questions of class, trust and accountability, as well as significant policy and material changes in the classification of what is owned, by whom, and its conditions of transfer.

Srinivas will continue the presentation on transport data by showing use cases and potential harms about the data. How big data is changing the landscape of transportation systems and privacy concerns with the future of autonomous vehicles and intelligent traffic management systems. Data driven decisions are a big concern when data can also be used to lie at a scale. Data ownership and rights are a challenge the state and the citizen need to think about before forcibly submitting data.

The discussion will be primarily around:

Digital Ownership and Physical Ownership
Scope of Internet Governance on Aggregators
Pricing Models and Service Availability
Future of On-Demand Transportation Services vs Public Transportation

Readings

None.

For more details visit https://cis-india.org/raw/irc16-proposed-disruptivetransport

Shopping on apps raise privacy and security concerns

praskrishna — 2017-03-21T14:56:26Z

The recently concluded online Diwali sales frequently offered consumers hefty discounts on merchandise if they shopped via store app, a move that experts say increases security risks for internet users.

The article by Vivek Ananth was published by the Softcopy, an IIJNM Web Publication on November 23, 2015. Sunil Abraham gave inputs.

“It makes the security much worse because of increased complexity from the user perspective,” said Sunil Abraham, executive director at Centre for Internet and Society.

“User will have to install multiple apps and then worry about the security implications arising from each app. From the e-commerce corporation perspective it might reduce effort but for users this is a nightmare.”

Do apps increase security risks?

The degree of risk depends on the specific app and can only be determined after a detailed security audit, Abraham said.

“Unfortunately there aren't many organisations doing such audits and making their results available to the public,” he added.

There are some users who say that privacy on the internet isn’t an option.

“Once you are online your privacy is kind of gone,” said Hasmit Trivedi of Mumbai. “I mean you are vulnerable.”

“That (browsing history being used to target advertisements) does concern me, but not to the extent that I'll stop using these websites,” said Sweta Rajan, a lawyer from Mumbai.

“Google has done this forever," said Dinoo Muthappa.“I don't even care if they use my search to place advertisements of what they think I need while browsing.”

Comfort and Convenience trumps privacy

“I don't really shop for things I'm not comfortable allowing the world to know. I'm ok with them using this (usage pattern and browsing information) for commercial reasons,” Rajan said.

“We live in a world where the cost of convenience is our privacy. Take my user preferences,” said Dinoo Muthappa, a lawyer from Delhi.“If it means you'll make money and somehow reflect as a discount to me later, that's fine,” she added.

“I frankly don't have a problem with it in principle,” said Akshara Kumar Chitoor, a lawyer from Bengaluru, about companies mining data to target advertisements at her. “I don't think it's very different from how certain TV channels carry certain advertisements because they know the audiences.I mean, you get Rin and Horlicks ads on Zee and Sony but not Romedy Now or Comedy Central.”

“The convenience of having it come home when I want and not having to face the guy who I know is ripping me off; these guys can use and sell my information,” Muthappa said.

“With my work timings I literally do not find time to go to a store and shop,”Rajan said. “I buy everything online. It's very convenient and time saving.”

“Personally, I think just browsing stuff to buy is much easier on your computer,” said Sreenath Unnikrishnan, a product developer from Singapore. “However, I do think apps are more convenient for payment. As in your card information is normally stored and can be accessed without having to log in and all. I can do that on a computer too, but it's less secure. At least that's what I think.”

Google and Facebook have their advertisement norms disclosed.

Twitter also follows a similar model using the email ids that their users have associated with their twitter handles.

“If the service is free - then as many have said before - you are the product, said Sunil Abraham executive director at Centre for Internet and Society. “Your personal information is being sold to marketers and advertisers. As Bruce Schneier puts it ‘surveillance is the business model of the Internet’".

The terms and conditions are sometimes very long and use difficult language.

“Transparency and Informed Consent are principles in most jurisdictions that have data protection law modelled on the EU Data Protection Directive,” Abraham said.“Part of the transparency principle is the accessibility of the language.”

The user though still has an option to opt out of the above process where their data is collected by these companies.
Privacy policies of internet companies are legal documents. These are required under data protection laws. This makes them complicated, said Abraham.

The users don’t care that their usage data is being mined by businesses till they have a bad experience, Abraham said.

For more details visit https://cis-india.org/internet-governance/news/the-soft-copy-vivek-ananth-november-23-2015-shopping-on-apps-raise-privacy-and-security-concerns

CIS Response to Draft Proposal to Transition the Stewardship of the Internet Assigned Numbers Authority (IANA) Functions from the U.S. Commerce Department’s National Telecommunications and Information Administration

praskrishna — 2015-11-29T06:32:22Z

For more details visit https://cis-india.org/internet-governance/blog/cis-response-to-draft-proposal-to-transition-the-stewardship-of-the-internet-assigned-numbers-authority-iana-functions-from-the-u-s-commerce-department2019s-national-telecommunications-and-information-administration

November 2015 Bulletin

praskrishna — 2016-01-03T12:42:42Z

Our newsletter for the month of November 2015 is below:

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

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

The Internet Governance Forum was held at Jao Pessoa in Brazil from November 10 to 13, 2015. The theme for IGF 2015 was Evolution of Internet Governance: Empowering Sustainable Development. Sunil Abraham, Pranesh Prakash and Jyoti Panday participated. Overall CIS spoke in 10 panels. Jyoti Panday has summarized the developments.
Draft Outcome Document of the UN General Assembly's Overall Review of implementation of WSIS Outcomes was released on 4 November 2015. Comments were sought on the Draft Outcome Document from diverse stakeholders. CIS responded to the call .
The first draft of the National IPR Policy was released last December. Comments and suggestions were submitted to the DIPP on this. Akshath Mithal in his blog post analysed the comments available online and the trends that he was able to find.
Ramya Chandrasekhar wrote a blog post that has deconstructed and explained some aspects of the various proposals to enhance ICANN's accountability.
Mangalore based cultural centre Maand Sobhaann recently relicensed 3 of their publications under a free license so that the books could be digitised on Konkani Wikisource and enrich Konkani Wikipedia. Rahmanuddin Shaik and Tanveer Hasan have captured the development in a blog post.
Japreet Grewal in a blog post has attempted to understand the domain in which censorship laws are penetrating today giving the example of the role of group admin in Whatsapp.
Elonnai Hickok in a policy brief has reviewed different oversight mechanisms from the US, UK, and Canada and provides recommendations for ways in which India can strengthen its present oversight mechanisms for state surveillance and the intelligence community.
Rohan George has reviewed the literature surrounding big data and predictive policing and has provided an analysis of the legal implications of using predictive policing techniques in the Indian context.
Large blocks of underused spectrum lie tantalizingly out of reach, waiting for enabling regulation, administration, and to some extent technology, to accelerate our move towards Digital India, according to Shyam Ponappa's column published in the Business Standard.
CIS in collaboration with T.A.J. Residency & SKE Projects and or-bits.com developed Silicon Plateau Vol-1. This book marks the beginning of an interdisciplinary artistic project, Silicon Plateau, the scope of which is to observe how the arts, technology and society intersect in the city of Bangalore.
P.P. Sneha has outlined a few questions/conflicts that the digital practitioners in arts and humanities disciplines are grappling with in the first among seven sections that has been published.
Centre for the Study of Culture and Society and CIS has set up the CSCS Digital Innovation Fund. The objective is to encourage, host, and provide seed funding for the development of digital tools and infrastructure for arts, humanities, and social science research in India. The fund will be administered by the RAW programme at CIS.

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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

November 2015 Report (Suman Dogra; November 30, 2015).

►Other

International Day of People with Disability (Organized by Capgemini; Bangalore; November 30, 2015). Nirmita Narasimhan was a panelist.

►Pervasive Technologies

# Blog Entries

MHRD IPR Chair Series: Information Received from IIT Roorkee (Karan Tripathi and Nehaa Chaudhari; November 17, 2015). Nehaa Chaudhari provided inputs, analysed, reviewed and edited this blog post.
A Study of J. Sai Deepak's Comments on Competition Law in India (Aarushi Bansal; November 19, 2015). Nehaa Chaudhari gave inputs and edited the blog entry.
The Procedure of CCI in cases of Anti-Competitive Agreements and Abuse of Dominant Position: A Flow-Chart (Sarthak Sood; November 24, 2015).

►Copyright and Patent

# Blog Entries

Ministry Clearances for the Global Congress on Intellectual Property and the Public Interest 2015 (Swaraj Barooah; November 18, 2015).
National IPR Policy: Mapping the Stakeholders' Response (Akshath Mithal; November 24, 2015). Nehaa Chaudhari provided inputs and feedback and also edited this post.

# Participation in Events

Second Meeting of the Expert Committee on WIPO (Organized by Ministry of Information & Broadcasting, Govt. of India; New Delhi; November 2, 2015).
International Conference on Evolving Regime in Intellectual Property Protection (Organized by Jawaharlal Nehru University; New Delhi; November 2 - 4, 2015).
India - Europe Conference on Building a Sustainable IPR - ICT Ecosystem for Promoting Innovation (Organized by Centre for Development of Advanced Computing; Bangalore; November 20, 2015). Rohini Lakshané attended this event.

►Wikipedia

# Blog Entries

Konkani-language books from Konkani-language culture center Mannd Sobhaann to enrich Konkani Wikipedia (Rahmanuddin Shaik and Tanveer Hasan; November 1, 2015).
Guerrilla GLAMː An alternate way of doing GLAM in indie-way (Subhashish Panigrahi; Wikimedia Blog; November 25, 2015). This was published in the GLAM-wiki newsletter for November.

# Participation in Events

Making Tulu Wikipedia 'Live' (Organized by Tulu Sahitya Akademy; Mangalore; October 28 - 29 and November 5 - 6, 2015). Rahmanuddin interacted with Tulu Wikipedians. Rahmanuddin was also invited to be a part of the World Konkani Literature festival where he spoke briefly about Konkani Wikipedia to the gathering.
Open Source India 2015 (by EFY Group; NIMHANS Convention Centre, Bangalore; November 19 - 20, 2015). Subhashish Panigrahi attended the event.
Tulu Wikipedia Tutorial (Organized by Wikipedia community; Mangalore; November 2015). Dr. U.B. Pavanaja trained the people involved in the creation of the Tutorial video.
FUEL GILT Conference 2015 (Organized by Mozilla Corporation, Centre for Development of Advance Computing (C-DAC), Pune and Red Hat; Tamil Virtual Academy, Anna University Campus, Gandhi Mandapam Road, Kottur, Chennai; November 20 - 22, 2015). Subhashish Panigrahi spoke at the event.

# Media Coverage

CIS gave its inputs to the following:

शंभर वर्षांपूर्वीच्या पुस्तकांचे होणार डिजिटायझेशन (Lokmat; November 11, 2015).
Dr. Pavanaja featured in Kannada Daily (Vijayavani; November 16, 2015).
तेसर फ्यूल कॉन्फरेंस आओर मोज़िला हैकाथन संपन्न (esamaad; November 19, 2015).
ଅନ୍‌ଲାଇନରେ ପଢ଼ିହେବ ଜଗନ୍ନାଥ ପ୍ରସାଦ ଦାସଙ୍କ ୩୦ଟି ବହି (Sambad; November 19, 2015).
तीसरा फ्यूल कॉन्फ्रेंस और मोज़िला हैकाथन संपन्न (Surkhiyan; November 23, 2015).
तीसरा फ्यूल जिल्ट कॉन्फ्रेंस और मोज़िला हैकाथन चेन्नई में संपन्न (Aaj Tak; November 24, 2015).
भाषाई कंप्यूटिंग के मानक बनाने के लिए चेन्नई में हुआ तीसरा फ्यूल जिल्‍ट (Outlook; November 26, 2015).

The following were published in October but mirrored on the CIS website recently:

मराठी पुस्तके 'विकिस्रोत' ला, सकाळ (Sakaal; October 28, 2015).
'महाराष्ट्र ग्रंथोत्तेजक' होणार लोकाभिमुख, महाराष्ट्र टाईम्स (Maharashtra Times; October 28, 2015).
महाराष्ट्र ग्रंथोत्तेजक संस्थेमधील एक हजार ग्रंथ ऑनलाईन (Saamna; October 30, 2015).

►Openness

Design Public Conclave, 6th Edition (Organized by by Civic Labs, an initiative of the Center for Knowledge Studies, and part of the Vihara Innovation Network, in partnership with Social Innovation Exchange, Okapi, Business World, Business World for Smart Cities, and the Delhi Jal Board; New Delhi; November 3, 2015). Sumandro Chattapadhyay and Amber Sinha participated in the event.

►Internet Governance Forum

IGF 2015 was held at Jao Pessoa in Brazil from November 10 to 13, 2015. The theme for IGF 2015 was Evolution of Internet Governance: Empowering Sustainable Development. Sunil Abraham, Pranesh Prakash and Jyoti Panday participated. Overall CIS spoke in 10 panels.

The Social Role of the Communications and the Strengthening of the Freedom of Expression Panel - "Cultural Diversity and Freedom of Expression" (Organized by Ministry of Culture and the Ministry of Communications of Brazil; Jao Pessoa, Brazil; November 9, 2015). Sunil Abraham was a panelist. Thirty-three participants took part in this pre-event.
Open Forum - DINL, Digital Infrastructure Association (Organized by Digital Infrastructure Netherlands Foundation; Jao Pessoa, Brazil; November 10, 2015). Jyoti Panday was a speaker at this workshop. CIS participated in the open forum to discuss the increase in government engagement with "the internet" to protect their citizens against crime and abuse and to protect economic interests and critical infrastructures. Thirteen participants attended the open forum.
Sustainable Development Goals (SDGs) and Internet Economy (Organized by Multistakeholder Advisory Group; Jao Pessoa, Brazil; November 11, 2015). Sunil Abraham was a panelist. Fifty five delegates attended the event. CIS participated in the discussions focusing on internet economy and internet role in sustainable development goals.
Cases on the right to be forgotten, what have we learned? (Jao Pessoa, Brazil; November 11, 2015). Jyoti Panday attended the event. CIS took part in the event to understand arguments, scope, discussions and current situation of the Right to be Forgotten outside the EU and around the world in rulings and legislations. Fifty four participants attended the event.
The Benefits and Challenges of the "Free Flow" of Data (Organized by Public Knowledge; Jao Pessoa, Brazil; November 12, 2015). Sunil Abraham was a panelist. Twenty-four delegates attended the event. CIS was part of the panel which discusssed the many benefits and challenges of the free flow of data. The workshop fostered a discussion of the ways in which stakeholders could address the underlying reasons for data flow restrictions.
Encryption and Anonymity: Rights and Risks (Organized by ARTICLE 19 and Privacy International; Jao Pessoa, Brazil; November 12, 2015). Pranesh Prakash was a speaker. CIS participated in the roundtable that discussed recommendations and the latest challenges to the protection of anonymity and encryption. Sixty three delegates attended.
A Dialogue on "Zero Rating" and Network Neutrality (Organized by Chalmers & Associates; Jao Pessoa; Brazil; November 12, 2015). Pranesh Prakash was a speaker. CIS took part in the discussion to promote access to expert insight and multi-stakeholder community discussion. Eighty five delegates attended the session.
Empowering the next billion by improving accessibility (Organized by Dynamic Coalition on Accessibility and Disability and Global Initiative for Inclusive ICTs; November 13, 2015). Sunil Abraham was a panelist. Pranesh Prakash participated in the discussions. CIS took part in the discussions that examined the technological and programmatic solutions available today for an effective removal of such barriers, potentially bringing a considerable number of new users to the Internet.
FOSS & a Free, Open Internet: Synergies for Development (Organized by Civil Society; Jao Pessoa, Brazil; November 13, 2015). Sunil Abraham and Pranesh Prakash spoke at the event. CIS took part in the discussions that explored links between the Free and Open nature of the Internet and the Free and Open Source Software through a series of experience sharing among the speakers as well as audiences.
Transnational Due Process: A Case Study in MS Cooperation (Organized by Internet & Jurisdiction Project; Jao Pessoa; November 13, 2015). Sunil Abraham was a panelist. The tension between the cross-border nature of the Internet and diverse national jurisdictions is a prime concern. The round-table described the method employed to develop this framework, challenges encountered and solutions found as well as the potential distribution of roles among the respective stakeholders in the operation of the diverse framework components. Twelve delegates attended this workshop.

►Big Data

# Article

Connected Trouble (Sunil Abraham; November 1, 2015).

# Blog Entry

Predictive Policing: What is it, How it works, and its Legal Implications (Rohan George; November 24, 2015).

# Event Organized

Big Data in the Global South International Workshop (Organized by Institute for Technology and Society of Rio de Janeiro; Hotel Windsor Florida, Rua Ferreira Viana, Flamengo, Rio de Janeiro, Brazil; November 16 - 17, 2015). Sunil Abraham and Vipul Kharbanda were speakers at this event.

# Participation in Event

Leveraging Mobile Network Big Data for Development Policy: Opportunities & Challenges (Organized by LIRNEasia; IDRC, New Delhi; November 27, 2015).

►Privacy

# Blog Entries

Policy Brief: Oversight Mechanisms for Surveillance (Elonnai Hickok; November 24, 2015).
The Short-lived Adventure of India's Encryption Policy (Bhairav Acharya; November 27, 2015). This was originally written for the Berkeley Information Privacy Law Association.

# Participation in Event

ISO/IEC/ JTC 1/SC 27 Working Groups Meeting (Organized by Bureau of Indian Standards and Data Security Council of India; Jaipur; October 26 – 30, 2015). Vanya Rakesh attended the meeting.

►Free Speech, Expression and Censorship

# Submission

Comments on the Draft Outcome Document of the UN General Assembly's Overall Review of the Implementation of WSIS Outcomes (WSIS+10) (Geetha Hariharan; November 18, 2015).

# Article

The Humpty-Dumpty Censorship of Television in India (Bhairav Acharya; The Wire; September 23, 2015). The article was mirrored on CIS website recently.

# Blog Entries

Breaking Down ICANN Accountability: What It Is and What the Internet Community Wants (Ramya Chandrasekhar; November 5, 2015).
Summary Report Internet Governance Forum 2015 (Jyoti Panday; November 23, 2015).
The Case of Whatsapp Group Admins (Japreet Grewal; November 26, 2015).

►Cyber Security

# Participation in Events

Technology, Innovation and Societal Change (Organized by Indian Institute of Management; Bangalore; November 4, 2015). Vanya Rakesh attended the event.
Ground Zero Summit (Organized by Infosec Consortium; November 5 - 8, 2015; New Delhi). Amber Sinha attended the event.
Cyber Security Summit 2015 (Organized by Government of Karnataka in association with Biz Wingz Production House; JW Marriot, Bangalore; November 27, 2015). Sunil Abraham was a panelist.

►Miscellaneous

# Article

WhatsApps with fireworks, apps with diyas: Why Diwali needs to go beyond digital (Nishant Shah; Indian Express; November 23, 2015).

# Op-ed

The Buzz Around TV White Space (Shyam Ponappa; Business Standard; November 4, 2015 and Organizing India Blogspot; November 5, 2015).

# Blog Entry

Gauging Users' Reactions Towards Zero Rating (Aadya Misra; November 25, 2015). The author likes to thank Amba Kak, on whose research the survey was conducted.

# Book

Silicon Plateau Vol-1 (Sumandro Chattapadhyay; November 28, 2015).

# Blog Entries

Digital Humanities in India? (P.P. Sneha; November 12, 2015).
A Question of Digital Humanities (P.P. Sneha; November 16, 2015).
CSCS Digital Innovation Fund (CDIF) (Sumandro Chattapadhyay; November 16, 2015).

# Event Organized

Launch of Silicon Plateau Vol-1 (Organized by Or-bits.com and CIS; T.A.J. Residency, Wheeler Road Extension, Cooke Town, Bangalore; November 27, 2015).

# 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).

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

Come, be my guest (Hindu; November 14, 2015)
Shopping on apps raise privacy and security concerns (Vivek Ananth; Softcopy, an IIJNM Web Publication; November 23, 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.

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