Centre for Internet and Society

In our anxiety about the Blue Whale Challenge, are we missing the elephant in the room?

Admin — 2018-01-03T02:09:11Z

In the beginning, the Blue Whale Challenge seemed like it had all the hallmarks of an urban legend: an online self-harm game that instructed victims to commit increasing degrees of violence upon themselves, finally convincing them to commit suicide. While it was whispered about in schools, college corridors and Reddit forums, reporters found it difficult to trace.

The blog post by Karishma Attari was published by Scroll on September 9, 2017.

But since then, it appears to be accruing a body count: multiple suicides and suicide attempts in Russia, Kenya, Brazil, China, Spain, Italy, Chile and India have been attributed to people signing up for the challenge. The stories are often accompanied by images of a blue whale carved onto the victim’s skin or a last selfie taken before committing suicide.

The latest incident in India involves the last-minute rescue of a teenager in Jodhpur who attempted suicide twice – first by jumping into Kalina Lake on September 4, and then by overdosing on sleeping pills – within the same week. The teenager had carved the shape of a whale on her arm, and when interviewed, revealed that unless she completed the last task of the challenge, she believed that her mother would die.

Most victims of the Blue Whale Challenge across the world appear to have a few things in common – they are young and vulnerable to abuse online, and their connection with the game is hard to substantiate. While the stories speak to our wariness of technology-dependence, and send our parenting instincts into nervous overdrive, there is very little evidence on ground that the game even exists.

Ever since the challenge was first reported on a Russian news portal, news reports have debunked its existence, raising questions about the media’s responsibility in spreading unsubstantiated rumours and the manner in which the issue is being used to argue against the influence of the internet and promote panic. Much of the coverage regarding the challenge’s possible influence, begs the question: how can teens be raised in a way that makes them safe from the internet?

The Blue Whale Challenge in India

Cyber-lawyer Karnika Seth, who authored the book Protection of Children on Internet, admits that it is impossible to generate the kind of surveillance required to nip perceived online threats – both on account of privacy laws and the sheer scale of effort such an exercise would require. She calls the unregulated internet in India a “mammoth problem that cannot be overlooked anymore”.

While there is no specific law to be applied to a situation like the alleged Blue Whale Challenge, Seth pointed to acts relating to the cyber space like the IT Act and the Protection of Children from Sexual Offences Act, along with inbuilt provisions within the Indian Penal Code, such as Act 305, that could be applied.

There have been approximately 10 reported cases of suicide in India, which are believed to be related to the Blue Whale Challenge. Google Trends show that Indian interest in the phenomenon has been overwhelming – the most common searched phrases have been “Download Blue Whale Game”, which might suggest that people are keen to inflict self-harm, or just morbidly curious (particularly in Kochi and Calcutta).

Timely intervention appears to have saved at least a few lives, such as the case of an engineering student in Kolkata who claimed that having completed several levels of the game, he was pulled back from the brink of suicide by his teacher, parents and a CID officer who counselled him. He was quoted as saying: “My message to whoever is in this game is stop before it is too late. It is not a game…they give you challenges and they take you to places you cannot come back from. They drive you to suicide.”

But despite this, the police in India have found no direct link between the suicides and the existence of any virtual moderator, who according to the Blue Whale legend, instructs victims to inflict self-harm. A lot of the so-called links have been proved to be hearsay and hysteria as seen in the case of a 12-year-old from Indore, whose mother clarified that while he had admitted to “playing games”, he had never heard of Blue Whale.

A disturbing trend

Pranesh Prakash, Policy Director at the Centre for Internet and Society, concluded: “All the available evidence points to this being a hoax, including those situations where teenagers have actually engaged in self-harm by carving a whale on their arm and have blamed the ‘Blue Whale app’ and a stranger threatening them. The children have subsequently been found to be lying through hard evidence, for instance the mobile operator finds no records of any messages or calls at those timings to the child’s number.”

While the first suicide linked to the alleged challenge emerged in Russia in 2015, Prakash added: “[E]ven the Russian police haven’t revealed any evidence in their possession in the arrests they have made related to the Blue Whale Challenge, nor have those cases gone to trial. How else can one explain the fact that there hasn’t been evidence of a ‘tutor’ in even a single one of the cases reported in India?”

There is, however, a huge problem regardless of whether the game exists: “The harm caused by the media sensationalism is quite real thanks to what is known as the Werther effect, leading to copycat suicides,” Prakash said.

Authorities in most countries where victims have appeared have treated these claims seriously. In May, the Russian Duma or parliament made it an act of criminal responsibility to create a pro-suicide group on social media. Authorities in China and other countries are monitoring mentions of the game on forums and live broadcasts. The Delhi Police have issued an advisory after a cyber cell spotted related hashtags and messages on social networking sites. In India, the Ministry of Electronics and Information Technology directed several internet companies such as Google, Facebook, Instagram, WhatApp, Microsoft and Yahoo to remove all links which direct users to the Blue Whale Challenge.

The real problem

Teenage suicide is a growing concern worldwide and India has one of the world’s highest suicide rates for youth aged between 15 and 29. In the US, suicide is documented as the second leading cause of death for young people. The Netflix original series 13 Reasons Why was banned in several countries over accusations that it glamourised teen depressives and suicides.

The real conversation we need to be having with the youth is about their reasons for choosing self-harm – about mental health and depression. Dr Depeak Raheja, a senior psychiatrist and vice-president of the Delhi Psychiatric Society, suggested that parents who suspect their child might have suicidal urges should address not just the issue of the game, “but also the underlying causative factors – isolation, low self-worth, hopelessness and underlying or active depression”.

One way in which this is already happening is through online mental health support groups which are promoted as alternatives to the Blue Whale Challenge. In Brazil, a designer has created a viral counter movement called the Pink Whale (Baleia Rosa), which relies on the collaboration of hundreds of volunteers and is based on positive tasks that combat depression. The British YouTuber HiggyPop has also set up an email service that sends daily Pink Whale challenges to participants. In the United States, a site called Blue Whale Challenge uses fifty days of tasks to promote mental health and well-being, while the Green Whale Challenge is a humorous version of the game in Argentina.

The fear and anxiety around the Blue Whale Challenge shows our willingness to project our fears of an unregulated internet onto anything that fits the profile, even as we override all evidence to the contrary. Instead, parents in particular must treat the tragic aftermath of popular suicide games as an opportunity to have a necessary, if belated, conversation about depression and mental health. The Blue Whale challenge may well turn out to be a hoax, but the challenge of keeping teenagers safe and healthy is a very real one.

Karishma Attari is the author of I See You and Don’t Look Down. She runs a workshop series called Shakespeare for Dummies and is currently writing a novel titled The Want Diaries. Her Twitter handle is @KarishmaWrites.

For more details visit https://cis-india.org/internet-governance/news/scroll-karishma-attari-september-9-2017-in-our-anxiety-about-the-blue-whale-challenge-are-we-missing-the-elephant-in-the-room

In India, Prism-like Surveillance Slips Under the Radar

praskrishna — 2013-07-03T09:31:18Z

Prism, the contentious U.S. data-collection surveillance program, has captured the world’s attention ever since whistle-blower Edward Snowden leaked details of global spying to the Guardian and Washington Post.

The article by Anjan Trivedi was published in Time World on June 30, 2013. Sunil Abraham is quoted.

However, it turns out India, the world’s largest democracy, is building its own version to monitor internal communications in the name of national security. Yet India’s Central Monitoring System, or CMS, was not shrouded in secrecy — New Delhi announced its intentions to watch over its citizens, however mutedly, in 2011, and rollout is slated for August. And while reports that the American system collected 6.3 billion intelligence reports in India led to a lawsuit at the nation’s Supreme Court, comparable indignation has been conspicuously lacking with the domestic equivalent.

CMS is an ambitious surveillance system that monitors text messages, social-media engagement and phone calls on landlines and cell phones, among other communications. That means 900 million landline and cell-phone users and 125 million Internet users. The project, which is being implemented by the government’s Centre for Development of Telematics (C-DOT), is meant to help national law-enforcement agencies save time and avoid manual intervention, according to the Department of Telecommunications’ annual report. This has been in the works since 2008, when C-DOT started working on a proof-of-concept, according to an older report. The government set aside approximately $150 million for the system as part of its 12th five-year plan, although the Cabinet ultimately approved a higher amount.

Within the internal-security ministry though, the surveillance system remains a relatively “hush-hush” topic, a project official unauthorized to speak to the press tells TIME. In April 2011, the Police Modernisation Division of the Home Affairs Ministry put out a 90-page tender to solicit bidders for communication-interception systems in every state and union territory of India. The system requirements included “live listening, recording, storage, playback, analysis, postprocessing” and voice recognition.

Civil-liberties groups concede that states often need to undertake targeted-monitoring operations. However, the move toward extensive “surveillance capabilities enabled by digital communications,” suggests that governments are now “casting the net wide, enabling intrusions into private lives,” according to Meenakshi Ganguly, South Asia director for Human Rights Watch. This extensive communications surveillance through the likes of Prism and CMS are “out of the realm of judicial authorization and allow unregulated, secret surveillance, eliminating any transparency or accountability on the part of the state,” a recent U.N. report stated.

India is no stranger to censorship and monitoring — tweets, blogs, books or songs are frequently blocked and banned. India ranked second only to the U.S. on Google’s list of user-data requests with 4,750 queries, up 52% from two years back, and removal requests from the government increased by 90% over the previous reporting period. While these were largely made through police or court orders, the new system will not require such a legal process. In recent times, India’s democratically elected government has barred access to certain websites and Twitter handles, restricted the number of outgoing text messages to five per person per day and arrested citizens for liking Facebook posts and tweeting. Historically too, censorship has been India’s preferred means of policing social unrest. “Freedom of expression, while broadly available in theory,” Ganguly tells TIME, “is endangered by abuse of various India laws.”

There is a growing discrepancy and power imbalance between citizens and the state, says Anja Kovacs of the Internet Democracy Project. And, in an environment like India where “no checks and balances [are] in place,” that is troubling. The potential for misuse and misunderstanding, Kovacs believes, is increasing enormously. Currently, India’s laws relevant to interception “disempower citizens by relying heavily on the executive to safeguard individuals’ constitutional rights,” a recent editorial noted. The power imbalance is often noticeable at public protests, as in the case of the New Delhi gang-rape incident in December, when the government shut down public transport near protest grounds and unlawfully detained demonstrators.

With an already sizeable and growing population of Internet users, the government’s worries too are on the rise. Netizens in India are set to triple to 330 million by 2016, according to a recent report. “As [governments] around the world grapple with the power of social media that can enable spontaneous street protests, there appears to be increasing surveillance,” Ganguly explains.

India’s junior minister for telecommunications attempted to explain the benefits of this system during a recent Google+ Hangout session. He acknowledged that CMS is something that “most people may not be aware of” because it’s “slightly technical.” A participant noted that the idea of such an intrusive system was worrying and he did not feel safe. The minister, though, insisted that it would “safeguard your privacy” and national security. Given the high-tech nature of CMS, he noted that telecom companies would no longer be part of the government’s surveillance process. India currently does not have formal privacy legislation to prohibit arbitrary monitoring. The new system comes under the jurisdiction of the Indian Telegraph Act of 1885, which allows for monitoring communication in the “interest of public safety.”

The surveillance system is not only an “abuse of privacy rights and security-agency overreach,” critics say, but also counterproductive in terms of security. In the process of collecting data to monitor criminal activity, the data itself may become a target for terrorists and criminals — a “honeypot,” according to Sunil Abraham, executive director of India’s Centre for Internet and Society. Additionally, the wide-ranging tapping undermines financial markets, Abraham says, by compromising confidentiality, trade secrets and intellectual property. What’s more, vulnerabilities will have to be built into the existing cyberinfrastructure to make way for such a system. Whether the nation’s patchy infrastructure will be able to handle a complex web of surveillance and networks, no one can say. That, Abraham contends, is what attackers will target.

National security has widely been cited as the reason for this system, but no one can say whether it will actually help avert terrorist activity. India’s own 9/11 is a case in point: the Indian government was handed intelligence by foreign agencies about the possibility of the 2008 Mumbai terrorist attacks, but did not act. This is a “clear indication that having access to massive amounts of data is not necessarily going to make people safer,” Kovacs tells TIME. However, officers familiar with the new system say it will not increase surveillance or enhance intrusion beyond current levels; it will only strengthen the policy framework of privacy and increase operational efficiency. Spokespersons and officials in the internal-security and telecom departments did not respond to requests or declined to comment.

The government has been cagey about details on implementation and extent. This ability to act however the authorities deems fit “just makes it really easy to slide into authoritarianism, and that is not acceptable for any democratic country,” Kovacs says. Indeed, India has seen that before — almost four decades ago, Indira Gandhi declared a state of emergency for 19 months, which suspended all civil liberties. Indians complaining about Prism may want to look a little closer to home.

For more details visit https://cis-india.org/news/time-world-anjan-trivedi-june-30-2013-in-india-prison-like-surveillance-slips-under-the-radar

In India, Biometric Data Storage Sparks Demands for Privacy Laws

praskrishna — 2016-03-23T02:27:05Z

In India, calls for strict privacy laws are growing after this week's passage of a measure that allows federal agencies access to biometric data of the nation's citizens, the world's largest such repository.

The article by Anjana Pasricha was published in Voice of America on March 18, 2016. Pranesh Prakash gave inputs.

The government says the use of biometrics will help cut rampant graft in the distribution of subsidies, but activists and opposition lawmakers warn it could usher in an era of increased state surveillance.

Raghubir Gaur, who works as an electrician in the capital, New Delhi, says he has never collected subsidized rations such as wheat and rice, because “somebody else has been taking the rations I should have gotten.” Now, with a national proof of identity, or "Aadhaar" card in his hands, Gaur says he is confident he will be able to access his designated subsidies.

The Aadhaar card is being used to give welfare benefits to the poor, who often cannot provide any proof identity, allowing corrupt officials to siphon entitlements.

The government says it has saved nearly $2 billion by preventing misuse of the subsidies in the last fiscal year alone.

Critics fear ‘police state’

Civil activists and research groups, however, have dubbed the Aadhaar program “surveillance technology” that constitutes a serious breach of privacy. They point to identity-verification systems in other countries, where cards or identification numbers are used for verification without creating a gigantic central database that documents every last transaction.

Indeed, the Aadhaar database also stores fingerprints and iris scans of every account holder, labeling each with a 12-digit identification number.

Concerns that this could lead to a massive invasion of privacy have been heightened because the new law allows the data to be used “in the interest of national security.”

“From verifying yourself to the ticket conductor on a train to someone who is delivering something at your house, all the way to opening a new bank account, all these transactions get logged against the centralized data base," says Pranesh Prakash of the Center for Internet and Society in Bangalore. "So this invades your life completely and thoroughly.”

Some lawyers and privacy advocates say this has made it even more important to support a strong privacy law to ensure the huge government database isn't misused.

Finance Minister Arun Jaitley has defended the biometrics legislation, saying the data will be accessed only in rare cases that require authorization by a senior official.

“You mark my words, you are midwifing a police state,” said lawmaker Asaduddin Owaisi, just one parliamentarian opposed passage of the legislation and found no comfort in Jaitley's assurances.

Fraud concerns

Despite objections, the bill was passed by legislators who argued that such a move is critical to ensuring subsidies reach intended beneficiaries in a country where millions are poor and illiterate.

Attempts to draft a right to privacy bill to protect individuals against misuse of data by government or private agencies date back to 2010, but have made little headway. The latest push started in 2014.

Citing a cyberattack targeting the U.S. government, in which a hacker gained access to the information of millions of people, research groups have also flagged security concerns around India’s ambitious Aadhaar program.

“If this database gets leaked, the entire identification system collapses because people will be able to authenticate themselves as anyone else. So identity fraud is a great concern,” said Prakash of the Center for Internet and Society.

Nearly one billion biometric identity cards have been issued in India in the last six years.

For more details visit https://cis-india.org/internet-governance/news/voice-of-america-anjana-pasricha-march-18-2016-in-india-biometric-data-storage-sparks-demands-for-privacy-laws

Implications of post-Snowden Internet localization proposals

praskrishna — 2014-07-03T07:09:25Z

The Ninth Annual Internet Governance Forum (IGF) Meeting will be held in Istanbul, Turkey on 2-5 September 2014. The venue of the meeting is Lütfi Kirdar International Convention and Exhibition Center (ICEC).

Sunil Abraham will be speaking in this workshop organized by Internet Society and Center for Democracy and Technology at the IGF.

Examples include mandatory storage of citizens' data within country, mandatory location of servers within country (e.g. Google, Facebook), launching state-run services (e.g. email services), restricted transborder Internet traffic routes, investment in alternate backbone infrastructure (e.g. submarine cables, IXPs), etc.

Localization of data and traffic routing strategies can be powerful tools for improving Internet experience for end-users, especially when done in response to Internet development needs. On the other hand, done uniquely in response to external factors (e.g. foreign surveillance), less optimal choices may be made in reactive moves.

How can we judge between Internet-useful versus Internet-harmful localisation and traffic routing approaches? What are the promises of data localization from the personal, community and business perspectives? What are the potential drawbacks? What are implications for innovation, user choice and the availability of online services in the global economy? What impact might they have on a global and interoperable Internet? What impact (if any) might these proposals have on user trust and expectations of privacy?

The objective of the session is to gather diverse perspectives and experiences to better understand the technical, social and economic implications of these proposals.

Name(s) and stakeholder and organizational affiliation(s) of institutional co-organizer(s)

Organizer:
Nicolas Seidler, Policy advisor
Technical community
Internet Society
Co-organizer:
Matthew Shears
Civil society
Center for Democracy and Technology

Names and affiliations (stakeholder group, organization) of speakers the proposer is planning to invite

Mr. Chris Riley, Senior Policy Engineer, Mozilla Corporation, Private sector (CONFIRMED)
Mr. Jari Arkko, Chair of the Internet Engineering Task Force, Technical community (CONFIRMED)
Mr. Christian Kaufmann, Director Network Architecture at Akamai Technologies, Private sector (CONFIRMED)
Ms. Emma Llanso, Director of Free Expression Project, Center for Democracy and Technology, Civil Society (CONFIRMED)
Mr. Sunil Abraham, Executive Director, Center for Internet and Society, India, Civil Society (CONFIRMED)
Mr. Thomas Schneider, Deputy head of international affairs, Swiss Federal Office of Communication (OFCOM), Government (CONFIRMED)

Name of Moderator(s)

Nicolas Seidler, Policy advisor, Internet Society

Name of Remote Moderator(s)

Konstantinos Komaitis

For more details visit https://cis-india.org/news/igf-2014-session-post-snowden-localisation

Implications of post-Snowden Internet Localization Proposals

praskrishna — 2014-10-05T08:59:27Z

Sunil Abraham was a speaker in this workshop organized by Center for Democracy and Technology on September 2, 2014.

Following the 2013-2014 disclosures of large-scale pervasive surveillance of Internet traffic, various proposals to "localize" Internet users' data and change the path that Internet traffic would take have started to emerge.

Examples include mandatory storage of citizens' data within country, mandatory location of servers within country (e.g. Google, Facebook), launching state-run services (e.g. email services), restricted transborder Internet traffic routes, investment in alternate backbone infrastructure (e.g. submarine cables, IXPs), etc.

Localization of data and traffic routing strategies can be powerful tools for improving Internet experience for end-users, especially when done in response to Internet development needs. On the other hand, done uniquely in response to external factors (e.g. foreign surveillance), less optimal choices may be made in reactive moves.

How can we judge between Internet-useful versus Internet-harmful localisation and traffic routing approaches? What are the promises of data localization from the personal, community and business perspectives? What are the potential drawbacks? What are implications for innovation, user choice and the availability of online services in the global economy? What impact might they have on a global and interoperable Internet? What impact (if any) might these proposals have on user trust and expectations of privacy?

The objective of the session is to gather diverse perspectives and experiences to better understand the technical, social and economic implications of these proposals.

For full details see the IGF website.

For more details visit https://cis-india.org/internet-governance/news/implications-of-post-snowden-internet-localization-proposals

IISc students boycott UID, don’t want Big Brother to keep watch

praskrishna — 2011-08-23T08:24:14Z

The programme doesn’t have statutory backing. It is still in parliament

Nandan Nilekani may be Bangalore’s blue-eyed boy making waves at the national level with his Unique Identification Number (UID), but there’s one part of the city that’s not impressed: A section of students and faculty of Indian Institute of Science (IISc).

While many Bangaloreans have started enrolling for UID, the students are in boycott mode and say they will never do so.

Professor Shiv Sethi, astrophysics department, Raman Research Institute, said, “They (the authorities) have moved faster than us by starting the enrolment. It was during the discussion phase that we tried to impress upon them the loopholes of UID. Now that they have started the enrolment, it’s our turn to protest. We will meet and discuss with other like-minded people.”

IIScians say they don’t want to be under surveillance and that they are not comfortable with giving away their personal details since studies have proved how unsafe electronic data can be. The programme has been scrapped in the UK, they said.

In fact, when Nilekani visited IISc a few months back to deliver a lecture, the anti-UID group protested with placards and banners that read, ‘Beware, Big Brother is watching you’ and ‘Secure electronic archive is a myth’.

And now, apart from not signing up, some students are even considering burning copies of UID forms, a la team Anna burning copies of the draft Lokpal bill.

Prathamesh, a scholar, said: “UID is not going to solve problems of leakages. The government should universalise the PDS system to control misuse of subsidised foodgrain that find their way to restaurants. The project is fraught with loopholes and doesn’t have statutory backing. I will burn copies of the forms.”

Prathamesh added that the UID project was the brainwave of software companies who do not have a regular stream of revenue.

Even IISc alumni are putting up a fight. One of them who participated in the protest said, “I will not register. The programme does not have statutory backing. It is still in parliament. First, they said it was voluntary. Now, they are trying to link it to banks, LPG connections and other utilities.”

Sethi added, “A few people have approached the court. We will decide the next course of action.”

There are others who have doubts. Consumer activist Chandrasekhar of Malle-swaram feels that he needs to clarify all his doubts before enrolling. “I spoke with the officials. They told me it was voluntary. But now, it looks like they are linking it with other utilities.”

Nishant Shah, director, research, Centre for Internet Society, said, "We need to check for three issues: data retention, data protection and data privacy. Only after these issues are resolved can we have a UID for every citizen."

This article by Sameer Ranjan Bakshi was published in the Bangalore Mirror on August 23, 2011. The original story can be read here.

For more details visit https://cis-india.org/news/iisc-students-boycott-uid

IFAT and ITF - Locking Down the Impact of Covid-19 - Report

sumandro — 2020-09-17T17:38:59Z

For more details visit https://cis-india.org/raw/ifat-itf-locking-down-the-impact-of-covid-19-report

If MNCs make early inroads, they will keep market share: Sunil Abraham, CIS

praskrishna — 2014-10-24T15:03:03Z

The article by J. Anand was published in the Financial Express on October 23, 2014. Sunil Abraham gave his inputs.

The recent visits of the high-profile CEOs of internet/technology companies have made it clear that India, with its 200-million internet users, is increasingly becoming important for the multinational corporations (MNCs). Bangalore-based Centre for Internet and Society (CIS) is a bit skeptical and feels some of these companies are trying to influence the internet policy-making of the country. Sunil Abraham, executive director of CIS, talks to FE’s Anand J regarding the government’s use of social media, the regulations and the plan for a Digital India. Edited excerpts:

We see a heightened interest in India from technology/internet companies, with their top CEOs visiting the country. What do you think is the reason?

In India, with little domestic competition, if these companies make early inroads, they will be able to keep the market share. The other reason is, the Indian government has made several proposals such as data localisation, mandatory data routing and so on, which have been demonised by the West as something that will balkanise the internet. Because India represents a big market, companies might be indulging in some amount of tokenism in the form of data centres. This is to show the government that they are willing to listen and lead the conversation to an agenda item that they are comfortable with and block some of the more dramatic proposals. The third reason could be that internet penetration might grow dramatically in the country and if the policy levers are moved appropriately, it will grow even more.

What is your stand on the government proposals?

In some ways, I agree with MNCs that some of the government proposals could break the architecture of internet. But then there are other proposals that are completely kosher. The domestic routing of an email if it travels within India is good as it will be difficult for the NSA to intercept then. From an internet design perspective, more fibre is good.

Data localisation though will result in balkanisation and might not yield desirable results. For instance, if you are watching a YouTube video, all the information about the user is stored by Google and all of that is stored outside the country. They might store some of this information as cache in a Google server temporarily. From a surveillance perspective, this user data called metadata is what the NSA might want. Even when it is collected in a local server, it might still be sent upstream.

What about the Indian government doing surveillance then?

There are different views on the surveillance capabilities of the Indian government. Some think that today the Indian government has the capability of engaging in mass surveillance. Others like me think that it can only do targeted surveillance and not mass surveillance. It does not have the infrastructure to pull that off and if it is doing targeted surveillance, it is mostly in compliance with the local laws.

Is the increasing use of social media by the government for its communication with citizens a concern?

If the government uses this private infrastructure to communicate with its citizens, there could be a variety of challenges and complications. First, all of these government communications must be mirrored on the government infrastructure as well. Otherwise, there is a concern around data retention. The government needs to have a copy in case a person goes to RTI for all the government communications to citizens. Secondly, the government is unwittingly becoming the salesperson for these global corporations.

Mark Zuckerberg has said that internet is a human right. Do you agree?

Internet is not a human right according to the UN. TV and Radio were never rights. All the basic human rights are to be protected irrespective of the communication medium of choice and will be legitimate even 100 years from now. The success of telecommunication and internet is market generated. If it becomes a human right, the companies are not delivering a service, but a human right and this complicates the issue. There will be new demands from citizens and litigations by citizens. If everybody demands 1GB every month, state does not have those resources.

India is a phone internet market. Indian internet is tied to Google now. Does the Android dominance — with a market share of around 90% — concern you?

It is hugely worrisome and yet another monopoly. It is not “free” software. From a privacy and national security perspective, it is a terrible development. Considering that it is based on Linux, there should have been several national and international competitors.

Has the era of hetergeneous internet with a million websites passed?

Internet is no longer decentralised; 80% of users’ time is now spent on a few products. And anywhere on internet, ad networks are tracking you. We ended up with the world’s biggest surveillance machine and surveillance is the business model of internet. It is very difficult to change this as we face the inertia of user behaviour.

What do you think of the government’s Digital India plan?

The government can use the billions from the Universal Service Obligation fund for broadband connectivity. The markets cannot handle back haul infrastructure and in most countries, some amount of state investment is necessary. Some of the open access details have to be worked out. The government seems to have a monopoly position in execution. We agree with the vision that every Indian should have a smartphone by 2019 and have a broadband connection too.

What are the regulations you want to see in place in India?

Internet users are currently overregulated with restrictions on what you can say. Let what is illegal offline be illegal online too. And government needs to think of enforceability.

The regulatory infrastructure for the government is limited. We want powerful companies to be regulated and follow global norms. The regulatory best practices are emerging from Europe in terms of competition, privacy, data protection, etc, and we need to follow them.

For more details visit https://cis-india.org/internet-governance/news/financial-express-october-23-2014-j-anand-if-mncs-make-early-inroads-they-will-keep-market-share

If data is the new oil, how much does an Indian citizen lose?

Admin — 2018-04-03T15:42:31Z

Surveillance capitalism is the business model of the Internet, so what exactly are we talking about here?

The article by Saurya Sengupta was published in the Hindu on March 31, 2018. Sunil Abraham was quoted.

“We know where you are. We know where you’ve been. We can more or less know what you’re thinking about.” That was the former executive chairman of Google, Eric Schmidt, trying to convince users that the tech giants did care about their privacy, ironically enough. But that was in 2010.

Fast forward eight years, and a lot has changed. The world has been rattled by revelations that the personally identifiable data of about 50 million Facebook users was breached by an analytics firm. Since then, the skeletons haven’t stopped tumbling out, with the news that the NaMo app asks for as many as 22 permissions from users, and that the official Congress app, since deleted, was vulnerable to data breach.

Bruce Schneier, an American security technologist and fellow at Harvard University’s Berkman Klein Center for Internet & Society, in his book Data and Goliath, says: “Google knows what kind of porn each of us searches for, which old lovers we still think about, our shames, our concerns, and our secrets.”

So, what does any of this mean for us, the lay users?

It may be helpful to start by asking what this ‘data’ is. “Whenever you use any service on your phone or browser, you end up giving a lot more information than you consciously recall. This includes not just the content of your interactions, but also metadata and so on,” says Nayantara Ranganathan, manager of the Internet Democracy Project’s Freedom of Expression programme. Metadata is, simply put, data about your data. So, for example, your location information, what time you were home, how many times you made calls to a certain number, and so on.

“This is known as behavioural data,” says Sunil Abraham, executive director of The Centre for Internet & Society, “which includes how fast or slow you scrolled, how long you stayed on a page, how many times you went to a particular part of a website, and so on.”

Bhajan or you?

This is not just data gathered by the large Facebook and Gmail apps, but also by a lot of the smaller ones. An app that plays bhajans, for example, may mine your data and share it. And what do the third parties do with this? Well, the idea is to simply embed you further in a consumerist panopticon.

To FB or not to be

As #DeleteFacebook gets louder, users agonise about leaving Facebook on Facebook, irony be damned
Truth is, quitting FB won't help. Because it's also about Google Photos and Maps and Candy Crush and Which Disney Villain Are You
In the absence of laws, you've no control of what apps can do with your data. Even after you've 'deleted' it
Facebook doesn't take responsibility for data collected by apps, and refers users to app developers instead
Quitting FB and other apps might be a privilege and not an option for most

“Surveillance capitalism is the business model of the Internet, and all social media apps make their money collecting data on users and monetising that,” says Schneier.

“Lots of apps have no revenue generation. Their only benefit is data,” says Manan Shah, founder and CEO of Avalance Global Solutions, a cyber security firm. In fact, he says, apps like WhatsApp are the obvious suspects while the smaller ones, like the bhajan one, slip under the radar.

All of it is part of ‘lead generation’ — the process of identifying potential customers for a service or business. “A call-centre is useless without data,” Shah says. “If I want to sell you an antivirus, for instance, a company will identify filters — who owns a computer, who has already purchased an antivirus, and so on. I can then target that user. This filtered data is often your full name, bank details, data about your debit and credit cards. Abraham says there is another fairly obvious purpose for all this data collection – to get you to spend as much time on the said platform as possible.

This explains why, for example, when you Google something, the suggested searches are often tailored in an eerie manner. If you search for a word, the second search suggestion will offer to get that word translated into the local language. So if you’re in Chennai, Tamil, or into Marathi if you’re in Mumbai.

This a product of profiling your location data as well as behavioural data. “Imagine the kind of insights your location information over the course of a month can expose: your residence, where you spend your mornings, your route to work, your loved one’s residence, and more,” says Ranganathan.

“Users are often not aware that they’ve given their consent to sharing this data,” says Nikhil Pahwa, digital rights activist. “The terms and conditions of every app are so complicated and voluminous that often you have no way of knowing what something is being used for and what you’ve given your permission to. That’s a failure of the kind of consent we have today,” he says. If an app developer, quips Pahwa, puts in a condition saying the user will name their first child after the app, the user is more than likely to click on ‘I agree’.

While the failure to make consent transparent is illegal, data collection in itself is a grey area. And what constitutes ‘misuse’ of data is murky because of the lack of regulations and clear outlines. “What if a salon has your phone number and sends an SMS saying your haircut is due,” asks S. Anand, CEO of data science firm Gramener. “Would you consider that misuse?”

It gets more ominous.

We’ll use it some day

At present, India has no law to stop apps from sharing your data with data brokers or data analytics firms. “The tendency has been to collect as much data as you can, even if it isn't relevant to your business today, because it might be some day or, better still, it might be valuable to others,” says Amba Kak, a Mozilla technology policy fellow. “This is why we need a law to say — collect what you need, not what you want.”

As an Indian citizen, your data today is breached, misused or sold, there is little you can do about it. “At most, users can be more vigilant about the apps they download, what permissions they give, and evaluate whether there are better alternatives,” says Ranganathan.

“One can approach a court and seek redress under the IT Act,” says Abraham, “but only if you have suffered a loss of property or money. If your data has been breached or leaked, and you haven’t suffered a monetary or property loss, there’s nothing you can do.”

The Justice Srikrishna committee, set up in July, is right now working on a draft data protection bill. The committee published a white paper last November, and a final report is expected by end of May. “The white paper itself looks fantastic,” Abraham tells me.

An ideal data protection law, says Kak, “will reflect the Supreme Court’s recent decision that all interference with the right to privacy must be necessary and proportionate.”

If data sharing is inevitable in the digital age, then it could be made illegal, for instance, to share data that can identify individuals. Anand says, “This could be done by replacing all names with a new random name or by aggregating total purchases by store and product rather than by individual purchase.”

So in an era where we have been casually asked to accept that ‘data is the new oil’, who is the biggest loser? “Framing 'data' as the new oil is dangerous,” says Ranganathan. Kak agrees: “This is a tired analogy that doesn't seem to get us anywhere except to recognise that data is a source of profit for the private sector.” She would rather go with Turkish sociologist Zeynep Tufekci’s definition where we think of data privacy like clean air or safe drinking water. “It is a public good that we need to safeguard as a collective through laws that make controllers of data accountable,” says Kak.

For more details visit https://cis-india.org/internet-governance/news/the-hindu-march-31-2018-saurya-sengupta-if-data-is-new-oil-how-much-an-indian-citizen-lose

Identifying Aspects of Privacy in Islamic Law

Vidushi Marda and Bhairav Acharya — 2015-01-01T14:04:44Z

This white paper seeks to identify aspects of privacy in Islamic Law and demonstrate that the notion of privacy was recognized and protected in traditional Islamic law.

I. Introduction

The nuances of privacy have been deliberated by numerous scholars till date, without arriving at a definite answer. It has been perceived as a right to be left alone, as mere secrecy, as the right to a legitimate area of seclusion and solitude. Privacy is a particularly nebulous concept, with a tendency of resting on intuitionist arguments. However, finding refuge in intuitionist arguments has not lent to a clear understanding of the term itself. This presents a peculiar predicament; while privacy is demanded, nobody seems to have a clear understanding of what it truly means. Daniel Solove opines that privacy is a concept in disarray, it is about everything and hence it seems to be about nothing. Solove finds agreement in a variety of literature, where privacy has been described as a "chameleon-like word", a term suffering from an "embarrassment of meanings", a "powerful rhetorical battle cry".

Traditional notions such as bodily privacy, privacy within one's home, or privacy resulting out of private property are received with far less scepticism than more recent aspects of privacy. With the burgeoning increase in information exchange, the ambit of privacy concerns is widened but not always understood. While earlier notions of privacy confined themselves to physical intrusions, it is now possible to invade a person's privacy without physically intruding on their space. As capabilities to intrude on privacy increase, the demand for respecting privacy grows stronger. In their historic article, Warren and Brandeis referred to privacy as an incorporeal notion, referring to cases of defamation, proprietary harms, contractual harms, breach of confidence to conclude that all such cases belonged to an umbrella principle of the right to privacy.

I.II Aspects of Privacy

William Prosser, a torts scholar, in 1860 attempted to classify privacy comprehensively. He contemplated four kinds of activities as impinging on a person's privacy. They were
1. Intrusion upon the plaintiff's seclusion or solitude, or into his private affairs.
2. Public disclosure of embarrassing private facts about the plaintiff.
3. Publicity which places the plaintiff in a false light in the public eye.
4. Appropriation, for the defendant's advantage, of the plaintiff's name or likeness.
While this classification lent some structure to the understanding of privacy, it restricted itself to only tort law.

A wider taxonomy was offered by Daniel Solove, imbibing concerns of digital privacy and information technology. Focussing on activities that invade privacy, Solove argued that information collection, aggregation of information, dissemination of such aggregated information and invasion into people's private affairs are the aspects integral to understanding the privacy concerns of a data subject.

In its policy paper on privacy in India, the Data Security Council of India (DSCI) recognised privacy issues in the context of e-commerce, transactional privacy, cyber crime, national security, and cross border data flows. Similarly the Department of Personnel and Training (DoPT) in 2011 focussed on understanding privacy in the context of data protection and surveillance. Subsequently, in 2012, the Planning Commission of India set up the A.P. Shah Committee to look into issues of data protection. This Committee classified the dimensions of privacy into four main categories; interception and access, audio and video recording, access and use of personal identifiers, and bodily and genetic material.

The classification of privacy for the purpose of this paper is under the heads of bodily privacy, informational and communications privacy, and territorial and locational privacy. Bodily privacy stems from the notion of personal autonomy and inviolate personality. Battery, rape, voyeurism are all examples of the recognition of the need to protect the privacy of one's body. Communications and informational privacy refers to the protection of sensitive personal information, specific communications and private conversations. Interception of messages, spying, hacking or tapping phone lines are all activities that impinge on privacy under this head. India's ambitious biometric project, Aadhar, has brought to the fore concerns surrounding personal information. Territorial privacy is developed from the notion of private property, the tort of trespass being ample recognition of the same.

I.III Is India a Private Nation?

In October, 2010, the government published an approach paper for legislation on privacy. In explaining the need for privacy legislation in India, the paper states,

"India is not a particularly private nation. Personal information is often shared freely and without thinking twice. Public life is organized without much thought to safeguarding personal data. In fact, the public dissemination of personal information has over time, become a way of demonstrating the transparent functioning of the government."

The notion of privacy being a foreign construct carves the argument that legislation on privacy would mean subjecting India to an alien cultural value. However, this ignores the possibility of privacy being culturally subjective. Cultures have exhibited different measurements by which they measure public and private realms. This paper aims to demonstrate that while the word "privacy" does not find explicit reference in traditional Indian law, the essence of privacy as we understand it today has existed in traditional Indian culture, specifically Indian Islamic culture, pre-dating colonialism in India and modernity in India's legal system.

I.IV Displacement of traditional Indian Law

Contemporary Indian law functions within a rubric that was constructed after the "expropriation" of traditional law. India's colonial legacy rendered the displacement of traditional Indian law with a unified modern legal system abounding in European ideas of modernity and legal systems, leaving it is a state of "fractured modernity". Before the British rule, Indians were governed by their personal laws and these laws did not aim to unify the nation in ways that Western legal systems did.. The decision to establish a modern legal system stemmed from the desire to administer the law as a function of the state, which would have been impractical at best in the absence of a unified legal system.

Edward Said eloquently states that the colonial experience does not end when the last European flag comes down or when the last white policeman leaves. One cannot help but agree with Said, as the understanding of law in contemporary India is constructed on the principles of the English common law and on ideas of a modern legal system. While the word "privacy" does not arise in traditional law, this paper argues that the notions of privacy as we perceive it today did exist hitherto the modernization of India's legal system.

I.V Structure of the paper

While Part I has laid down the foundation of this paper and the arguments it endeavours to make, Part II explains the sources of Islamic law and attempts at locating privacy in them. It also explains certain pervasive concepts that will enhance an understanding of privacy in Islamic law. This paper restricts itself to Sunni Islamic law. Part III gives an indication of privacy rights in India's neighbouring Islamic countries (both predominantly Sunni), Pakistan and Bangladesh; and highlights the legal framework for privacy in these countries.

II. Privacy in Islamic Law

II.I Sources of Islamic Law

Before locating aspects of privacy in Islamic Law, an understanding of its structure and sources will be helpful. Islamic Law is composed of Shariah, and fiqh. Shariah indicates the path a faithful Muslim must undertake to attain guidance in the present world and deliverance to the next. Fiqh, the jurisprudence of Islam, refers to the rational understanding of Shariah and human reasoning to appreciate the practical implications of Islam. While Shariah is divine revelation, fiqh is the human inference of Shariah.

The principle tenet of Islam is unwavering obedience to the teachings of God. According to Muslim belief, the Quran is the divine communication from Allah to the Prophet of Islam. It is the foremost record of the word of God, and for this reason is considered the apex source of Islamic law. It is in the Quran that basic norms of Shariah are found, and it embodies the exact words of God as was revealed to the Prophet over a period of 23 years. Fiqh, or the understanding of Shariah, also finds its origins in the holy Quran.

The Sunnah or Prophetic traditions are the ingredients for the model behaviour of a Muslim as demonstrated by the Prophet. It is a "way, course, rule, mode, or manner, of acting or conduct of life." The Sunnah were compiled through the communications of Prophet Muhammad in the form of Hadiths which are communications, stories or conversations; and may be religious or secular; historical or recent. The narrators of the Hadith are known as "isnad" who convey the "matn" or the substance of the Prophet's actions or words as narrated through oral communications through the years. Due to its very nature, the accuracy of the Sunnah came under considerable scrutiny, with concerns as to its possible fabrication and dilution. However, with a well devised system of recording and verifying sources, the Sunnah accompanies the imperative source of Islamic law, the Quran.

The other sources of Islam are found in human reasoning, or ijtihad. Ijtihad assumes a variety of secondary sources such as analogical reasoning (Qiyas), unanimous consensus (Ijma), decisions in favour of public interest (isthihsan), and presumption of continuity (istishab).
Ijtihad entails a resilient effort; an exertion in interpreting the primary sources in order to understand Shariah, to infer the law which is not explicit or evident. The legitimacy of Ijma is found in the Prophetic tradition, which states that the followers of Islam would never agree on an error, and will never unite on misguidance.

The Quran and Sunnah lie at the pinnacle of Islamic jurisprudence and their authoritativeness lends a ready inference of legal principles derived from them. In exploring the concept of Privacy in Islamic Law, this paper will focus mainly on the material available in the Quran and Sunnah.

II.II The Public and Private in Islam

According to the doctrine of Shariah, every aspect of life is deemed to be private unless shown otherwise. The public sphere is that in which governmental authority operates, making it both transparent and open to scrutiny and observation. Since its inception, Islam has considered the idea of governance with reasonable scepticism, ascribing to the view that there is no concept of a human ruler beyond reproach. This perhaps gave impetus to the idea of a private sphere as one that is inhabited exclusively by an individual and the divine, excluding any interference of the State; except with permission from religious law. In Islamic belief, a pious individual had submitted himself to God, and not the worldly State. Hence, all aspects of his life will align with the tenets of Islamic law and in pursuance with the will of God. Any failure to perform religious duties on the part of a Muslim is beyond the scope of another; it is only a consideration between him and the divine. It is believed that the Prophet said, "Those, who acknowledge God in words, and not at heart, do not find fault with their fellow Muslims. The wrongdoing of those who do so become the subject of God's scrutiny, and when God looks into someone's wrongdoing then all shall be truly exposed" The individual is bestowed with complete freedom of action in the private sphere, subject only to the will of the divine. To govern another is wholly beyond the capacity of any individual, and this forms a pervasive theme in Islamic jurisprudence.

Islamic Law recognizes that it is inevitable for every society to impose certain requirements on individuals both by the law and by societal norms. In respect of a public domain, Islam prescribes an amalgam of requirements of a Muslim community and the teachings of Islam. While committing sins in private is beyond the scope of public or governmental scrutiny, committing a sin in public amounts to a crime, meriting worldly punishment.

Islamic law provides for an individual's obligations to the divine at all times, and to the state in matters within the public domain. This is the most striking difference between Islamic law and modern law, as the function of enforcement of the law and punishment are forfeited to the state in a modern legal system, by virtue of the social contract. However, in Islamic societies, the concept of social contract does not exist. Instead, an individual's obligations lie to the state only if acts meriting worldly punishment occur in the public sphere. It is this distinction in the obligations of individuals that leads to conflicts between the application of Islamic law and modern law.

The Quran is replete with rules for all believers to ordain good and forbid evil (al-amrbi al-Ma'rufwa al-nahy 'an al-munkar'). This divine injunction is a restriction of freedom in the private sphere. The notion of privacy in the public sphere was tested through the office of the muhtasib, or compliance officer. These officers were appointed to ensure that the quality of life is preserved in Islamic societies. Personal or private matters which were visible in the public realm were liable to scrutiny from the muhtasib as well. However, this does not extend to matters such as surveillance and spying even on the authority of the state. The Prophet, according to the hadith of Amir Mu'awiyah remarked, " If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin." In fact, modern jurists admonish the idea of surveillance as "exactly what Islam has called as the root cause of mischief in politics."

II.III. Privacy in Islamic Law

Bodily Privacy

The sanctity of one's bodily privacy is well recognised in Islamic Law. The Quran (24:58) demarcates certain periods in a day which are times of privacy for an individual, and indicates the need for prior permission before one may enter the private sphere of another. These periods are before the prayer at dawn, during the afternoon where one rests, and after the night prayer. This verse also calls upon children who have not yet reached the age of puberty to get accustomed to asking for permission before entering rooms apart from their own.

As far as bodily seizure of individuals accused of crimes goes, the Traditions indicate a general disinclination towards pre-adjudication restraint of individuals. The very occurrence of it appears to be a cause of discomfort as recorded in the Traditions. One of the Prophet's closest companions, Umar, is believed to have encourages officials to speed up adjudication processes so that the accused could not be deprived of the comfort of their homes and families.

bodily privacy and modesty

Although the Quran stipulates gender equality, the norms of bodily privacy and modesty applicable to men are far less rigorous than the rules of modesty that apply to women. While staring is not contemplated as a crime in modern jurisdictions, the Quran directs "believing men to lower their gaze and be modest." At the same time, it directs women to adhere to strict rules of clothing and conduct, with directions on how to conduct oneself both in private as well as public. Interestingly, with the use of full-body scanners at airports around the world, the bodily privacy of Muslims came to the forefront with several Muslim scholars opining that such use of scanners was in direct violation of the tenets of Islam. According to the Quran, the modesty of a Muslim woman is an indication of her faith.

Communication and Informational Privacy

Privacy is, in many ways, inextricably linked to the notions of personal autonomy, and inviolate personality. Privacy in matters apart from those concerned with proprietary interests was only developed as a legal idea around the ninth century, although the Quran made ample references to it. Whilst the term "privacy" is not directly alluded to in the Quran, it contains verses emphasizing the importance of respecting personal autonomy. The Quran (49:12) rebukes those who wish to pry into matters which do not concern them, or harbour suspicions in respect of others, conceding that some suspicions can even be considered crimes. This implies an injunction against investigation; which complements the prohibition of circulation of information pertaining to an individual's private sphere (24:19). According to this verse, publication of immorality is desirous of punishment. A reasonable conclusion from the reading of these verses is that the Quran mandates respect for the private sphere, guaranteeing that a faithful believer will not violate it. The Prophet is reported to have said that non interference of individuals in matters that do not concern them is a sign of their good faith. Interestingly, the injunction against unwarranted search is for all members of a Muslim community, not just followers of Islam. An extension of the concept of informational privacy is the privacy of one's opinion, which is believed to be beyond reproach regardless of its contents. Deeds in the public sphere can be subject to worldly punishment, but thoughts and opinions everywhere, are not subject to it.

The Sunnah have also emphasized on privacy in communications. The Prophet once said, "He, who looks into a letter belonging to his brother, looks into the Hellfire" , indicating that private communications shall enjoy their privacy even in the public domain. This is evident from another saying of the Prophet,"Private encounters result in entrustment", which entails a restriction on communications arising out of private meetings.

Territorial Privacy

Domestic privacy is considered an important facet of Islamic life and this idea pervades different aspects of Shariah. Privacy in regard to proprietary interests was in fact the first legal conception of privacy recognised by Muslim jurists. The Quran (24:27-8) forbids entering another's house in lieu of permission to do the same. It seeks to ensure that a person visiting another's house is welcome in that house; reminding individuals of their rights during such visits. Further, the Quran (2:189) envisions visits made to other's houses only through the front door, indicating respect and transparency in visiting another's dwelling place. Muslim scholars are of the opinion that such rules were laid down in order to safeguard one's private sphere; to allow people to modify their behaviour to accommodate a visitor in a private domain. Clarifying the reasons for such rules, a jurist offered the following explanation, "The first greeting is for the residents to hear the visitor, the second is for the residents to be cautious( fa-ya khudhu hidhrahum),and the third is for them to either welcome the visitor or send him away."

Privacy in the domestic sphere extends to both physical privacy as well as intangible privacy. The Prophet opined that if one's gaze has entered into a private home before his body does, permission to enter the home would be redundant. This follows from the idea that if a person curiously peeps into another's home, it is equivalent to him entering it himself. The right to privacy is extended to absolve the home owner of any guilt in the event of attack on the intruder. Curiously, the right to privacy within one's home is extended to privacy in respect of sinful behaviour within his private sphere; the accountability of a Muslim to his fellow humans is only to be discerned in respect of his public actions. This is illustrated by an interesting story in the Hadith of Umar ibn al-Khattab. Khattab climbed the wall of a house on the suspicion of wine being consumed within the premises. On his suspicion being confirmed, he chided them for their conduct. They then reminded him that while he pointed out their sins, he himself was guilty of three sins; spying on them, failing to greet them and also not approaching their house through the front door. He agreed with them and walked away.

The rationale behind recognising privacy in the domestic sphere is not just illegal intrusion into one's physical space; it is also intrusion into matters of sensitivity which widens the scope for privacy in Islamic Law.

III Privacy in Shariah Based States

Locating aspects of privacy is Shariah-based states is particularly challenging due to the duality of obligations that exists in their legal framework. While Islamic law focuses on obligations of individuals to the divine in all affairs and the state only in public matters, legal obligations in modern states are understood vis-à-vis the state only. The incorporation of Islam into these modern legal systems represents the attempt at reconciling two distinct sources of law. This Part will consider the legal frameworks for privacy in Pakistan and Bangladesh.

III.I Pakistan

Islamic law has had a profound impact on the legal system of Pakistan. This Islamic Republic integrates Shariah law into its common law system, as is evident from Article 227(1) of the 1973 Constitution of Pakistan ("the 1973 Constitution"). It reads, " All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunction". In addition to the Constitutional safeguards, General Zia-ul-Haq, between 1977 and 1988 provided great impetus to Pakistan's process of incorporating Islam into its common law system through the establishment of appellate religious courts and also enactment of the Hudood criminal law, which was consequently criticized for being discriminatory and arbitrary.

Constitutional Provisions

Enshrined in the 1973 Constitution is the fundamental right of persons not to be subject to any action detrimental to the life, liberty, body, reputation or property. While referring to the rights of individuals, Article 4(1) lays down, "To enjoy the protection of law and to be treated in accordance with law in the inalienable right of every citizen. Wherever he may be, and of every other person for the time being within Pakistan." While aspects of privacy can be read into this Article quite emphatically, the 1973 Constitution explicitly recognises the right to privacy, dignity and the inviolability of persons in Article 14(1),"The dignity of man, subject to law, the privacy of home, shall be inviolable". The sanctity of these rights is vigorously upheld as laws inconsistent with fundamental rights are declared to be void to the extent of their inconsistency.

Bodily Privacy

The 1973 Constitution recognises the fundamental right of persons not to be subject to any action detrimental to the life, liberty, body, reputation or property. The Pakistan Penal Code (Act XLV of 1860) refers to the protection of privacy of women in Section 509, upholding the modesty of women.

Communications and Informational Privacy

The Pakistan Telecommunication (Re-organisation) Act 1996 enables investigating authorities under the Act to take cognizance of illegalities in communications. These authorities submit their reports to the courts, ensuring the accountability of such events, as well as legitimising search and seizure in pursuance of intercepted communications. The Act also makes arrangements for authorised interception of communications in cases of national security, although the wide and sweeping powers bestowed under this Section are a cause for concern. Moreover, any person causing annoyance to another through a telephone is liable to criminal punishment under the Telegraph Act, 1885.

Medicaland Financial information is recognised as a unit of privacy in the legal system of Pakistan. The delicate balance between transparency of government action and extent of privacy of information is struck in the Freedom of Information Ordinance, which exempts divulging information regarding personal privacy of individuals, private documents and financial privacy.

As far as digital privacy is concerned, the law in Pakistan is still at a nascent stage. In 2000, Pakistan implemented the National Information Technology Policy and Action Plan, which provided for confidentiality of transactional information. In 2002, an Electronic Transactions Ordinance was passed with a view to recognise and protect electronic transactions, setting up a framework within which privacy of information can be guaranteed and authenticity can be verified. There is no devoted law on data protection yet, although a Draft Electronic Data Protection Bill was published by the Ministry of Information in 2005.

Territorial and Locational Privacy

Akin to notions of privacy of the home in Islamic law, criminal trespass is a punishable offence under the Pakistan Penal Code. Pakistan has an unfortunately intimate relationship with terrorism. The Anti Terrorism Act of 1997 incorporates some provisions which raise concerns as to the sanctity of individual privacy. The Act allows an officer of police, armed forces or civil armed forces to enter and search any premise, and to seize any property they suspect to be connected to a terrorist act, without a warrant. Perhaps what is more worrying is that the entry of an officer is not subject to review, unlike in other Islamic countries like the United Arab Emirates. The trade off between personal liberties and national security is acutely felt in Pakistan, with intelligence agencies carrying on mass surveillance, without any legal framework providing for the same.

III.II Privacy in Bangladesh

Bangladesh identifies itself as a secular nation, although Islam is the state religion. The Constitution of Bangladesh uses the word privacy in the context of both territorial and communications privacy.

Bodily Privacy

The Bangladesh Penal Code, similar to Pakistan's, contains a section guaranteeing the bodily privacy of a woman and prohibiting any form of outraging her modesty. It criminalises assault, and also provides for private defence in case of assault.

Communications Privacy

The privacy of communications is subject to interception for the purpose of public safety, as envisaged in the Telegraph Act, 1885. It also contains provisions regarding unlawful interception of messages, as well as tampering or damaging communications. The Telecommunications (Amendment) Act 2006 gives the police sweeping powers to intercept mobile communications as well. However, a notice was issued to the government after this amendment to demonstrate its legality. Bangladesh also has the Right to Information Act, 2009 to promote transparency in governance, although it has a considerable number of agencies exempt from the Act as well. Provisions for cyber crime are enshrined in the Information and Communication Technology Act, 2006.

Territorial Privacy

In the context of territorial privacy, the Bangladesh Penal Code recognises criminal trespass, house trespass, lurking house trespass and house breaking as offences under Bangladeshi law.

IV. Conclusion

Privacy is a comprehensive term that entails a plethora of claims, making an exact definition of the term difficult to come by. In the absence of an explicit reference to privacy in the Indian Constitution, the Supreme Court has brought the right to privacy within the penumbra of Article 21 through various case laws. In 2010, the Government in its approach paper on privacy claimed that India is not a particularly private nation. In order to comprehensively understand India's modern legal framework, it is imperative to analyze the concepts of traditional law as they existed hitherto the colonial era. Although the term "privacy" is a modern construct, this paper has sought to demonstrate that the notion of privacy was well recognized and protected in traditional Islamic law.

From the discussion above, it is evident that the concept of privacy in Shariah law rests convincingly within the taxonomy adopted in this paper. The Quran and Hadith accommodate concerns surrounding private property, personal autonomy, protection of private communications, domestic life, modesty and the modern idea of surveillance. In addition to this, Islamic jurisprudence ascribes to the idea of a public and private sphere. The public sphere is occupied by society and governmental action, being liable to scrutiny and observation. On the other hand, the private sphere is occupied by the individual and the divine alone, free from any interference except in accordance with Shariah law. Inspite of the term "privacy" not finding explicit mention in the Quran or Hadith, a closer analysis of Shariah reveals privacy as a pervasive theme in Islamic jurisprudence.

Daniel Solove, A Taxonomy of Privacy, Vol. 154, No.3 University of Pennsylvania Law Journal, 477 (2006).

Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 Harvard Law Review 193, 193 (1890).

Richard A. Posner, Privacy, Surveillance and the Law, Vol. 75 No. 1 The University of Chicago Law Review 245, 245 (2008).

Blanca Rodríguez Ruiz, Privacy in Telecommunications: A European and an American Approach 39 (1st ed. 1997).

James Q. Whitman, The Two Western Cultures of Privacy : Dignity versus Liberty, 113 Yale Law Journal 1152, 1153 (2004).

Whitman, supra note 5, at 1153.

Solove, supra note 1, at 479.

Ibid. Referencing Lillian r. BeVier, Information About Individuals in the Hands of Government: Some Reflections on Mechanisms for Privacy Protection, 4 WM. & MARY BILL RTS. J. 455, 458 (1995) .

Ibid. Referencing KIM LANE SCHEPPELE, LEGAL SECRETS 184-85 (1988).

Ibid. Referencing 1 J. THOMAS MCCARTHY, THE RIGHTS OF PUBLICITY AND PRIVACY § 5.59 (2d ed. 2005).

Solove, supra note 1, at 560.

Samuel D. Warren & Louis D. Brandeis, supra note 2, at 193.

William L Prosser, Privacy, 48 California Law Review 383,389 (1960).

Solove, supra note 1, at 488.

Data Security Council of India, Policy Paper: Privacy in India. Available at https://www.dsci.in/sites/default/files/Policy%20Paper%20-%20Privacy%20in%20India.pdf.

Department of Personnel and Training, (DoPT) Approach Paper for a Legislation on Privacy. Report available at http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/aproach_paper.pdf.

Justice Ajit.P.Shah Committee, Report of the Group of Experts on Privacy, 60. Available at - http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf.

Bhairav Acharya, at http://freespeechhub.thehoot.org/freetracker/storynew.php?storyid=565&sectionId=10.

DoPT, Approach Paper. supra note 16.

Whitman, supra note 5, at 1154.

Chandran Kukathas, Cultural Privacy, Vol. 91, No. 1 The Monist 68, 69 (2008).

Marc Galanter, Displacement of Traditional Law in Modern India, Vol XXIV, No. 4 Journal of Social Issues 65, 67 (1968).

Stuart Corbridge & John Harriss, Reinventing India: Liberalization, Hindu Nationalism and Popular Democracy 238 (Reprint, 2006).

Galanter, supra note 22, at 66.

Ibid. at 67.

Edward Said, Representing the Colonized: Anthropology's Interlocutors, Vol. 15 No.2 Critical Inquiry 205, 207 (1989).

Mohammad Hashim Kamali, Shari'ah Law, An Introduction 19 (2009)

M Mustafa Al Azami, Studies in Hadith Methodology and Literature 7 (2002).

Id. at 3.

NJ Coulson, A History of Islamic Law 22 (1964)

Kamali, supra note 27, at 19.

Sunan Ibn Majah , Book of Tribulations (Kitab al-Fitan) , #3950, available at http://sunnah.com/ibnmajah/36.

Mohsen Kadivar, An Introduction to the Private and Public Debate in Islam, Vol.70 , No. 3 Social Research 659, 663 (2003).

Lara Aryani, Privacy Rights in Shariah and Shariah-based States, Vol. 3, Iss.2, Journal of Islamic State Practices in International Law, 3 (2007)

Kadivar, supra note 33, at 664.

Ibid. at 665.

Ibid. at 667. Referencing Koleini, Mohammad. Al-Kaafi. Qom, Vol. 2: 353 1388.

Ibid. at 671.

Ibid. at 664.

Social Contract Theory of John Locke(1932-1704) in the Contemporary World , SelectedWorks of Daudi Mwita, Nyamaka (2011) Available at http://works.bepress.com/cgi/viewcontent.cgi?article=1009&context=dmnyamaka.

Kadivar, supra note 33, at 664.

Ibid. at 673.

Abul a'la Mawdudi, Human Rights in Islam 24 (1995). Also available online, at http://books.google.co.in/books?id=RUJWdCOmmxoC&printsec=frontcover#v=onepage&q&f=false.

Aryani, supra note 34, at 13.

This indicates Sura 24 : verse 58.

Holy Quran, 24:58 - O you who have believed, let those whom your right hands possess and those who have not [yet] reached puberty among you ask permission of you [before entering] at three times: before the dawn prayer and when you put aside your clothing [for rest] at noon and after the night prayer. [These are] three times of privacy for you. There is no blame upon you nor upon them beyond these [periods], for they continually circulate among you - some of you, among others. Thus does Allah make clear to you the verses; and Allah is Knowing and Wise. (Translation from Sahih International available at http://quran.com/24/58)

Reza Sadiq, Islam's Fourth Amendment : Search and Seizure in Islamic Doctrine and Muslim Practice, Vol. 40 Georgetown Journal of International Law 703, 730 (2008 - 2009).

Ibid. at 733. Referencing IBRAHIM ABDULLA AL-MARZOUQI, Human Rights in Islamic Law 392 (2000).

Rohen Peterson, The Emperor's New Scanner :Muslim Women at the Intersection of the First Amendment and Full Body Scanners, 22 Hastings Women's Law Journal 339, 343 (2011).

Holy Quran, 24:30 - Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do. (Translation from Sahih International available at http://quran.com/24/30-31).

Holy Quran, 24:31- And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed. (Translation from Sahih Internation, available at http://quran.com/24/30-31).

David Garner, Muslims warned not to go through airport body scanners because they violate Islamic rules on nudity, The daily mail, (Feb 12, 2010). http://www.dailymail.co.uk/news/article-1250616/Muslims-warned-airport-body-scanners-violate-Islamic-rules-nudity.html#ixzz3KF8hS6q3 .

Holy Quran, 33:59 - O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful. (Translation from Sahih International, available at http://quran.com/33/59.)

Eli Alshech, "Do Not Enter Houses Other than Your Own": The Evolution of the Notion of a Private Domestic Sphere in Early Sunnī Islamic Thought Vol. 11, No. 3, Islamic Law and Society 291, 304 (2004).

Holy Quran, 49:12 - O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah ; indeed, Allah is Accepting of repentance and Merciful. ( Translation from Sahih International, available at http://quran.com/49/12)

Holy Quran, 24:19 - Indeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows and you do not know. ( Translation from Sahih International, available at http://quran.com/24/19)

Kadivar, supra note 33, at 666.

Ahmad Atif Ahmad, Islam Modernity violence and everyday life 176 (1^st ed. 2009)

Kadivar, supra note 33, at 667.

Ibid , at 178.

Ibid.

Alshech, supra note 54, at 291.

Holy Quran, 24:27-8 - O you who have believed, do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded. And if you do not find anyone therein, do not enter them until permission has been given you. And if it is said to you, "Go back," then go back; it is purer for you. And Allah is Knowing of what you do. ( Translation from Sahih International, available at http://quran.com/24)

Holy Quran, 2:189 - They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people and for Hajj." And it is not righteousness to enter houses from the back, but righteousness is [in] one who fears Allah. And enter houses from their doors. And fear Allah that you may succeed. (Translation from Sahih International, available at http://quran.com/2)

Alshech, supra note 54, at 308.

Ibid. at 306. Referencing Ibn Abi Hatim, 8 TAF5IRAL-QUR'ANAL-'ADHIM 2566 (Makiabat Nlilr Mustaffi 1999).

Ahmad, supra note 58, at 177.

Alshech, supra note 54, at 324.

Aryani, supra note 34, at 4. Also see Ahmad, supra note 24, at 178.

Alshech, supra note 54, at 310.

Kadivar, supra note 33, at 664.

Moeen Cheema, Beyond Beliefs: Deconstructing the Dominant Narratives of the Islamization of Pakistan's Law, 60 American Journal of Comparative Law 875 (2012).

The Constitution of the Islamic Republic of Pakistan, 1973. Available at http://www.na.gov.pk/publications/constitution.pdf.

Cheema, supra note 72, at 879.

The Constitution of the Islamic Republic of Pakistan, 1973, supra note 73.

Ibid.

Ibid. Article 8 - "(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the right so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void

Ibid. Article 4(2)(a) - "no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."

Section 509, Pakistan Penal Code (Act XLV of 1860), Available at http://www.oecd.org/site/adboecdanti-corruptioninitiative/46816797.pdf.

Section 32, Pakistan Telecommunication (Re-Organisation) Act, 1996. Available at http://www.pta.gov.pk/media/pta_act_140508.pdf.

Ibid. Section 54.

Section 25-D, Pakistan Telegraph Act, 1885. Available at http://www.fia.gov.pk/law/Offences/26.pdf.

Section 12, Pakistan Medical and Dental Council Code of Ethics. Available at http://www.pmdc.org.pk/LinkClick.aspx?fileticket=v5WmQYMvhz4%3D&tabid=292&mid=845.

http://www.sbp.org.pk/publications/prudential/ordinance_62.pdf

Section 8, Freedom of Information Ordinance, 2002. Available at http://infopak.gov.pk/Downloads/Ordenances/Freedom_of_%20Information_Ordinance2002.pdf.

Pakistan IT Policy and Action Plan, available at http://www.unapcict.org/ecohub/resources/pakistan-information-technology-policy.

Electronic Transactions Ordinance, available at http://www.pakistanlaw.com/eto.pdf.

For a more detailed account, see http://www.supremecourt.gov.pk/ijc/articles/10/1.pdf. Second draft available at http://media.mofo.com/docs/mofoprivacy/PAKISTAN%20Draft%20Law%202nd%20Revision%20.pdf.

Sections 441 - 462, Pakistan Penal Code (XLV of 1860) Chapter XVII, "Offences against Property".

Section 5, Anti Terrorism Act, 1997. Available at http://www.fia.gov.pk/law/ata1997.pdf.

Ibid. Section 10.

Lara Aryani, supra note 34, at 21.

Julhas Alam, Bangladesh moves to retain Islam as state religion, Cns News, http://cnsnews.com/news/article/bangladesh-moves-retain-islam-state-religion.

Article 43, Constitution of Bangladesh. Available at http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf.

Section 509, Bangladesh Penal Code,1860. Available at http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=11.

Ibid. Sections 351- 358.

Ibid . Section 100.

Section 5, Bangladesh Telegraph Act, 1885. Available at http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=55.

Ibid . Section 24.

Ibid. Section 25.

Bangladesh Penal Code, 1860. supra note 95. Section 441.

Ibid. Section 442.

Ibid. Section 443.

Ibid. Section 445.

See, Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295 : (1964) 1 SCR 332; Govind v. State of Madhya Pradesh, AIR 1975 SC 1378; Rajagopal v. State of Tamil Nadu, AIR 1995 SC 264; People's Union for Civil Liberties (PUCL) v. Union of India, AIR 1997 SC 568; X v. Hospital Z, AIR 1999 SC 495.

DoPT, Approach Paper. supra note 16.

For more details visit https://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law

icnl introduction revised

pranav — 2021-01-11T10:07:02Z

For more details visit https://cis-india.org/internet-governance/icnl-introduction-revised

Iceland’s proposed porn ban ‘like repression in Iran, N. Korea’ – activists

praskrishna — 2013-03-21T03:56:30Z

A group of 40 human rights activists from around the world fear that Iceland could become “a role model for Internet censorship” if it introduces Internet filters blocking online content deemed pornographic.

This blog post was published in RT on March 1, 2013. Sunil Abraham is quoted.

“The act of censoring pornography in Iceland differs in no way from repression of speech in Iran, China or North Korea,” human rights advocates wrote in an open letter to Icelandic Interior Minister Ögmundur Jónasson.

Activists from nearly 20 countries, including the UK, America, Austria and Finland, said that Iceland’s moral reasons for the push to censor Internet pornography is “justifying rather than condemning the actions of totalitarian regimes.”

Critics – including Jillian C. York, Director for International Freedom of Expression, Electronic Frontier Foundation, Sunil Abraham, Executive Director for India’s Internet and Society Center, and Ot van Daalen, head of the Dutch Bits of Freedom Center – have described the controversial measure as “an affront to basic principles of the society.”

They also argued that those advocating the Web porn ban have offered “no definition, no evidence, and suggested no technology.”

The authors of the letter warned that the prohibition of pornographic content could create demand for an underground porn industry, unregulated and most certainly affiliated with other illegal activities, “as we have seen in the case of drugs or alcohol prohibition. Hiding the problem is not a solution and may in fact make things worse.”

The solution, according to the activists, could be better sex education at home and schools: “Sex education that deals not only with conception, contraception and sexually transmitted diseases, but also relationships, communication and respect.”

Iceland, known for its feminist policies, could become the first Western country to censor online pornography, despite concerns over who will be given the authority to choose what is banned.

“It is tempting to regard filtering the Internet as a quick and easy way to restrict unwanted speech, opinions, or media, which the government regards as harmful for either them or the people,” the letter said. “The right to see the world as it is, is critical to the very tenets and functions of a democracy and must be protected at all costs.”

The activists claimed that it is technically impossible to censor the Internet without monitoring all telecommunications with automated machines: “This level of government surveillance directly conflicts with the idea of a free society.”

Iceland is not the only European country that has tried to implement such a ban. In December, the UK proposed blocking access to all pornographic websites, but UK ministers rejected the idea over a lack of public support.

According to supporters of the Icelandic ban, pornography has unquestionably damaging effects on both children and women.

"We have to be able to discuss a ban on violent pornography, which we all agree has a very harmful effects on young people and can have a clear link to incidences of violent crime," Interior Minister Jonasson, the author of the proposed ban, was quoted as saying.

While Iceland has already passed a law banning the distribution and printing of pornography, the proposed ban would eventually restrict access to pornographic websites in the country, and make it impossible to use Icelandic credit cards on X-rated sites.

For more details visit https://cis-india.org/news/rt-march-1-2013-icelands-proposed-porn-ban

I don't want my fingerprints taken

praskrishna — 2011-04-02T11:41:46Z

Through this article published in Down to Earth, Nishant Shah looks at the role of the state as arbiter of our privacy.

The census, or the collection of citizen data, has been a fundamental aspect of governance for most modern nations. It reminds us that modern governance has been wedded to information, even before it became fashionable to talk of the information age after the digital explosion. Different governments have sought mechanisms to gather and centralize citizen data to effectively administer public services, equity and justice. We have appointed the state as a repository of this data and also the trustee of privacy of this data.

However, lately, in India as well as other countries, there has been a growing anxiety about the role of the state as the arbiter of our privacy.

As public-private-partnerships become a desirable norm for many governments, the citizen data is available to private players who can exploit it for vested interest. In everyday life, this proliferation of citizen data can manifest itself from spam calls by product bearing companies that all of us experience on a regular basis to shattering violence inflicted on selective communities as was seen in Gujarat in the aftermath of the communal conflict in Godhra. While we have, reluctantly, invested our faith in the government in offering our personal data, it comes as a shock that the data has been compromised in the government’s partnerships with the market.

We have always known that even in its physical form, the citizen data often travels through insurance companies, private healthcare systems, financial databases and opens us to invasive surveillance by their operators. But the data is not immediately linked to our bodies. It is possible to deny the data related to our name, sex, occupation and class, or escape it, if necessary. The data resides in large databases, so huge that they fail to make sense to anybody who has to browse through the records.

With the digital data gathering—the kinds that the Unique Identity Project (now known as Aadhar) uses—these safety nets were already weakened. In its digital form, the data suddenly became vulnerable to algorithmic searches and queries that allow for extremely customized and selective data to be made available to operators who are not accountable to us.

Moreover, the digital data can now travel easily across fault lines and previously accepted boundaries to mark citizens in ways that make survival precarious. The anxieties that have surrounded the Aadhar project have been fuelled by the lack of transparent accountability about citizen data usage.

These anxieties around digital data collection get aggravated by the introduction of the biometric protocols into the system. Even with digital data, there was a certain amount of autonomy and agency available to the citizen, to either morph or escape the data production that the system required. Like in earlier times, the relationship of the data was not with the individual citizen’s body but with the citizen as a representative of the larger population. There was no undeniable link that would bind the data on the physiological presence of the citizen.

Biometric system makes the citizen data personal—they tie it up with our inalienable self and body. The data once gathered offers no escape from the information webs, and the possibilities of abuse and violence in such a link between citizen data and the individual citizen’s presence are mind-boggling. We are talking about a dystopian sci-fi vision where each individual has a unique relationship through his/her unique identity with systems of justice, regulation, consumption and production. Everything from what you wear to what you eat to who you are friends with and what you do in your spare time can be tied to your physical body and self. This posits a fundamental threat to the human rights, dignity and security offered by the Constitution.

The census promises the safety of the citizen through anonymity. The biometric data collection violates this safety and suddenly makes us vulnerable to being single, unique and alone in our identity which can be exploited by anybody. The biometric fixity of our identity identifies us, marks us and ties us down to the mass abuse that any information system is always susceptible to. There will be no escape.

Read the article in Down to Earth

For more details visit https://cis-india.org/news/fingerprints-taken

I & P Partners Meeting at Rio

praskrishna — 2013-01-07T12:22:36Z

Sunil Abraham made a presentation on Open Business and IP.

For more details visit https://cis-india.org/openness/blog-old/i-and-p-partners-meeting.pdf

Human rights, freedom of expression and free flow of information on the Internet

praskrishna — 2013-11-09T03:38:59Z

This session will offer a multistakeholder overview of the current status of human rights, freedom of expression and free flow of information on the Internet. Pranesh Prakash was a speaker at this event.

Click to read the details posted on IGF website here.

The interactive discussion will touch upon many of the key issues that will be discussed in related workshops prior to the session and will give all stakeholders an equal platform to address issues related to human rights and the Internet to find points of consensus, points of convergence and points of further action/research/referral to other institutions or actors if appropriate.

Policy related questions that this session will address include:

What are/have been the main themes at the nexus of the Internet and human rights in 2013? What have been the policy responses? What are the key strategies and actions for responding to these themes?
What is working well to promote human rights, freedom of expression and the free flow of information on the Internet? What are areas for concern?
What HR standards can be applied in the digital environment?
The HRC adopted a milestone resolution in 2012, in which governments agreed that the same HR apply online as offline (Res 20/8). Do all stakeholders agree with this core concept? What is the relevance of this resolution to Internet public policy making? What has been the impact of the revelations of wide-spread mass surveillance been on taking the implications of this resolution forward?
How can all stakeholders, taking their different roles and responsibilities into account, respect, protect and promote human rights on the Internet nationally, regionally and globally?

Speakers:

Host Country Chair: Prof. Dr. Harkristuti Harkrisnowo (Director General of Human Right, Ministry of Law and Human Right)
Moderators: Anja Kovacs, Internet Democracy Project, New Delhi and Johan Hallenborg, Ministry of Foreign Affairs, Stockholm, supported by Anriette Esterhuysen, APC, Johannesburg.
Remote Moderator: TBC
Rapporteur: Joy Liddicoat, APC, Wellington (The rapporteur will summarise the session at the end and report into 'Taking Stock')

PART 1: Regional perspectives on human rights on the Internet [45 minutes]

To get the discussion going, the moderators will ask the following people to respond, from a regional perspective, to the question: What are/have been the main themes at the nexus of the Internet and human rights in 2013 in your region?

Eduardo Bertoni, CELE, University of Palermo, Buenos Aires
Fadlah Adams, South African Human Rights Commission, Cape Town
Gayathry Venkiteswaran, Executive Director, Southeast Asian Press Alliance, Bangkok
Jochai Ben-Avie, Access, New York
Moez Chakchouk, ATI, Tunis
Lee Hibbard, Council of Europe, Strasbourg

PART 2: Delving into specific issues [45 minutes]

What is working well to promote human rights, freedom of expression and the free flow of information on the Internet? What are areas for concern? What HR standards can be applied in the digital environment?
Potential Speakers from the Audience:

Freedom of expression: Guy Berger, UNESCO, Paris; Cynthia Wong, Human Rights Watch, Washington DC; Beryl Aidi, Kenyan Human Rights Commission, Nairobi; Ramiro Alvarez Ugarte, Association for Civil Rights, Buenos Aires.
Internet intermediary liability: Gbenga Sesan, Paradigm Initiative, Lagos; Zahid Jamil, Barrister-at-law, Karachi; Malcolm Hutty, LINX, London.
Sexual rights (rights of LGBT communities): Bishakha Datta, Point of View, New Delhi; Nadine Mouawad, EROTICS, Beirut.
Free flow of information, access to knowledge and IP issues: Stuart Hamilton, International Federation of Library Associations, The Hague; Nick Aston Hart, International Digital Economy Alliance (IDEA), Geneva; Pranesh Prakash, CIS, Bangalore; Claudio Ruiz, Derechos Digitales, Santiago.

Network neutrality (in terms of free flow of information): Lisl Brunner, GNI, US/Europe; Luca Belli, Dynamic Coalition on Net Neutrality, Tech and academic community, Europe; Paul Mitchell, Microsoft, US.

Surveillance and transborder access to data: global and national dimensions: Nicolas Seidler, ISOC, Geneva, Ross LaJeunesse, Global Head of Free Expression and International Relations, Google, Mountain View; Seth Bouvier, US Dept. of State, Government, Washington DC; Meryem Merzouki, EDRI (European Digital Rights), Paris.

PART 3: Input from IGF workshops, dynamic coalitions, open forums and other focus sessions [45 minutes]

Organisers of workshops etc. related to Human Rights will be asked to respond to further questions from the moderators, from the perspective of the outcome of their workshop/event.

How can all stakeholders, taking their different roles and responsibilities into account, respect, protect and promote human rights in Internet related public policy making nationally, regionally and globally?

What are some points of consensus; points of convergence; points of further action/research/referral to other institutions or actors that emerged from their sessions?

PART 4: Discussion and going forward [45 minutes]

The following questions will be addressed:

The Human Rights Council adopted a milestone resolution in which governments agreed that the same HR apply online as offline. Do all stakeholders agree with this core concept? What is the relevance of this resolution to Internet public policy making? What has been the impact of the revelations of wide-spread mass surveillance been on taking the implications of this resolution forward?

What do you think we should do next and what is the role of the IGF?

The rapporteur will be given 6 minutes at the end to summarise.

For more details visit https://cis-india.org/news/igf-2013-october-24-human-rights-freedom-of-expression-free-flow-of-information-on-internet