Centre for Internet and Society

Leaked Privacy Bill: 2014 vs. 2011

elonnai — 2014-04-01T10:52:41Z

The Centre for Internet and Society has recently received a leaked version of the draft Privacy Bill 2014 that the Department of Personnel and Training, Government of India has drafted.

Note: After obtaining a copy of the leaked Privacy Bill 2014, we have replaced the blog "An Analysis of the New Draft Privacy Bill" which was based off of a report from the Economic Times, with this blog post.

This represents the third leak of potential privacy legislation for India that we know of, with publicly available versions having leaked in April 2011 and September 2011.

When compared to the September 2011 Privacy Bill, the text of the 2014 Bill includes a number of changes, additions, and deletions. Below is an outline of significant changes from the September 2011 Privacy Bill to the 2014 Privacy Bill:

Scope: The 2014 Bill extends the right to Privacy to all residents of India. This is in contrast to the 2011 Bill, which extended the Right to Privacy to citizens of India. The 2014 Bill furthermore recognizes the Right to Privacy as a part of Article 21 of the Indian Constitution and extends to the whole of India, whereas the 2011 Bill did not explicitly recognize the Right to Privacy as being a part of Article 21, and excluded Jammu and Kashmir from its purview.
Definitions: The 2014 Bill includes a number of new definitions, redefines existing terms, and deletes others.

Terms that have been added in the 2014 Bill and the definitions

Personal identifier: Any unique alphanumeric sequence of members, letters, and symbols that specifically identifies an individual with a database or a data set.
Legitimate purpose: A purpose covered under this Act or any other law for the time being in force, which is certain, unambiguous, and limited in scope for collection of any personal data from a data subject.
Competent authority : The authority which is authorized to sanction interception or surveillance, as the case may be, under this Act or rules made there under or any other law for the time being in force.
Notification: Notification issued under this Act and published in the Official Gazette
Control : And all other cognate forms of expressions thereof, means, in relation to personal data, the collection or processing of personal data and shall include the ability to determine the purposes for and the manner in which any personal data is to be collected or processed.
Telecommunications system: Any system used for transmission or reception of any communication by wire, radio, visual or other electromagnetic means but shall not include broadcasting services.
Privacy standards: The privacy standards or protocols or codes of practice. developed by industry associations.

Terms that have been re-defined in the 2014 Bill from the 2011 Bill and the 2014 Bill definitions

Communication data:The data held or obtained by a telecommunications service provider in relation to a data subject including the data usage of the telecommunications
Data subject : Any living individual, whose personal data is controlled by any person
Interception: In relation to any communication in the course of its transmission through a telecommunication system, any action that results in some or all of the contents of that communication being made available, while being transmitted, to a person other than the sender or the intended recipient of the communication.
Person: Any natural or legal person and shall include a body corporate, partnership, society, trust, association of persons, Government company, government department, urban local body, or any other officer, agency or instrumentality of the state.
Sensitive personal data: Personal data relating to: (a) physical and mental health including medical history, (b) biometric, bodily or genetic information, (c) criminal convictions (d) password, (e) banking credit and financial data (f) narco analysis or polygraph test data, (g) sexual orientation. Provided that any information that is freely available or accessible in public domain or to be furnished under the Right to Information Act 2005 or any other law for time being in force shall not be regarded as sensitive personal data for the purposes of this Act.
Individual: a resident of Indian
Covert surveillance: covert Surveillance" means obtaining private information about an individual and his private affairs without his knowledge and includes: (i) directed surveillance which is undertaken for the purposes of specific investigation or specific operation in such a manner as is likely to result in the obtaining of private information about a person whether or not that person was specifically identified in relation to the investigation or operation; (ii) intrusive surveillance which is carried out by an individual or a surveillance device in relation to anything taking place on a residential premise or in any private vehicle. It also covers use of any device outside the premises or a vehicle wherein it can give information of the same quality and detail as if the device were in the premises or vehicle; (iii) covert human intelligence service which is information obtained by a person who establishes or maintains a personal or other relationship with an individual for the covert purpose of using such a relationship to obtain or to provide access to any personal information about that individual
Re-identify: means the recovery of data from an anonymised data, capable of identifying a data subject whose personal data has been anonymised;
Process: “process" and all other cognate forms of expressions thereof, means any operation or set of operations, whether carried out through automatic means or not by any person or organization, that relates to:(a) collation, storage, disclosure, transfer, updating, modification, alteration or use of personal data; or (b) the merging, linking, blocking, degradation or anonymisation of personal data;
Direct marketing: Direct Marketing means sending of a commercial communication to any individual
Data controller: any person who controls, at any point in time, the personal data of a data subject but shall not include any person who merely provides infrastructure for the transfer or storage of personal data to it data controller;
Government: the Central Government or as the case may be, the State Government and includes the Union territory Administration, local authority or any agency and instrumentality of the Government;

Terms that have been removed from the 2014 Bill that were in the 2011 Bill and the 2011 definition:

Consent: Includes implied consent
Maintain: Includes maintain, collect, use, or disseminate.
Data processor: In relation to personal data means any person (other than the employee of the data controller), who processes the data on behalf of the data controller.
Local authority: A municipal committee, district board, body of port commissioners, council, board or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund.
Prescribed: Prescribed by rules made under this Act.
Surveillance: Surveillance undertaken through installation and use of CCTVs and other system which capture images to identify or monitor individuals (this was removed from the larger definition of surveillance.)
DNA: Cell in the body of an individual, whether collected from a cheek, cell, blood cell, skin cell or other tissue, which allows for identification of such individual when compared with other individual.

Terms that have remained broadly (with some modification) the same between the 2014 Bill and 2011 Bill (as per the 2014 Bill definition):

Authority: The Data Protection Authority of India
Appellate tribunal: the Cyber Appellate Tribunal established under Sub-Section (1) of section n48 of the Information Technology Act, 2000.
Personal data: Any data which relates to a data subject, if that data subject can be identified from that data, either directly or indirectly, in conjunction with other data that the data controller has or is likely to have and includes any expression of opinion about such data subject.
Member: Member of the Authority
Disclose: and all other cognate forms of expression thereof, means disclosure, dissemination, broadcast, communication, distribution, transmission, or make available in any manner whatsoever, of personal data.
Anonymised: The deletion of all data that identifies the data subject or can be used to identify the data subject by linking such data to any other data of the data subject, by the data controller.

Exceptions to the Right to Privacy: According to the 2011 Bill, the exceptions to the Right to Privacy included:

Sovereignty, integrity and security of India, strategic, scientific or economic interest of the state
Preventing incitement to the commission of any offence
Prevention of public disorder or the detection of crime
Protection of rights and freedoms of others
In the interest of friendly relations with foreign state
Any other purpose specifically mentioned in the Act.

The 2014 Bill reflects almost all of the exceptions defined in the 2011 Bill, but removes ‘detection of crime’ from the list of exceptions. The 2014 Bill also qualifies that the application of each exception must be adequate, relevant, and not excessive to the objective it aims to achieve and must be imposed on the manner prescribed – whereas the 2011 Bill stated only that the application of exceptions to the Right to Privacy cannot be disproportionate to the purpose sought to be achieved.

Acts not to be considered deprivations of privacy: The 2011 Bill lists five instances that will not be considered a deprivation of privacy - namely

For journalistic purposes unless it is proven that there is a reasonable expectation of privacy,
Processing data for personal or household purposes,
Installation of surveillance equipment for the security of private premises,
Disclosure of information via the Right to Information Act 2005,
And any other activity exempted under the Act.

The 2014 limits these instances to:

The processing of data purely for personal or household purposes,
Disclosure of information under the Right to Information Act 2005,
And any other action specifically exempted under the Act.

Privacy Principles: Unlike the 2011 Bill, the 2014 Bill defines nine specific privacy principles: notice, choice and consent, collection limitation, purposes limitation, access and correction, disclosure of information, security, openness, and accountability. The Privacy Principles will apply to all existing and evolving practices.

Provisions for Personal Data: Both the 2011 Bill and the 2014 Bill have provisions that apply to the processing of personal and sensitive personal data. The 2011 Bill includes provisions addressing the:

Collection of personal data,
Processing of personal data,
Data quality,
Provisions relating to sensitive personal data,
Retention of personal data,
Sharing (disclosure) of personal data,
Security of personal data,
Notification of breach of security,
Access to personal data by data subject,
Updation of personal data by data subject
Mandatory processing of data,
Trans border flows of personal data.

Of these, the 2014 Bill broadly (though not verbatim) reflects the 2011 Bill provisions relating to the:

Collection of personal data,
Processing of personal data,
Access to personal data,
Updating personal data
Retention of personal data
Data quality,

The 2014 Bill has further includes provisions addressing:

Openness and accountability,
Choice,
Consent,
Exceptions for personal identifiers.

The 2014 Bill has made changes to the provisions addressing:

Provisions relating to sensitive personal data,
Sharing (disclosure of personal data),
Notification of breach of security,
Mandatory processing of data
Security of personal data
Trans border flows of personal data.

The changes that have been made have been mapped out below:

Provisions Relating to Sensitive Personal Data: The 2011Bill and 2014 Bill both require authorization by the Authority for the collection and processing of sensitive personal data. At the same time, both Bills include a list of circumstances under which authorization for the collection and processing of sensitive personal data is not required. On the whole, this list is the same between the 2011 Bill and 2014 Bill, but the 2014 Bill adds the following circumstances on which authorization is not needed for the collection and processing of sensitive personal data:

For purposes related to the insurance policy of the individual if the data relates to the physical or mental health or medical history of the individual and is collected and processed by an insurance company.
Collected or processed by the Government Intelligence agencies in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India.

The 2014 Bill also allows the Authority to specify additional regulations for sensitive personal data, and requires that any additional transaction sought to be performed with the sensitive personal information requires fresh consent to first be obtained. The 2014 Bill carves out another exception for Government agencies, allowing disclosure of sensitive personal data without consent to Government agencies mandated under law for the purposes of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.

Notification of Breach of Security: The provisions relating to the notification of breach of security in the 2014 Bill differ from the 2011 Bill. Specifically, the 2014 Bill removes the requirement that data controllers must publish information about a data breach in two national news papers. Thus, in the 2014 Bill, data controllers must only inform the data protection authority and affected individuals of the breach.

Notice: The 2014 Bill changes the structure of the notice mechanism – where in the 2011 Bill, prior to the processing of data, data controllers had to take all reasonable steps to ensure that the data subject was aware of the following:

The documented purposes for which such personal data is being collected
Whether providing of personal data by the data subject is voluntary or mandatory under law or in order to avail of any product or service
The consequences of the failure to provide the personal data
The recipient or category of recipients of the personal data
The name and address of the data controller and all persons who are or will be processing information on behalf of the data controller
If such personal data is intended to be transferred out of the country, details of such transfer.

In contrast the 2014 Bill provides that before personal data is collected, the data controller must give notice of:

What data is being collected and
The legitimate purpose for the collection.

If the purpose for which the data was collected has changed the data controller will then be obligated to provide the data subject with notice of:

The use to which the personal data will be put
Whether or not the personal data will be disclosed to a third party and if so the identity of such person
If the personal data being collected is intended to be transferred outside India and the reasons for doing so, how the transfer helps in achieving the legitimate purpose and whether the country to which such data is transferred has suitable legislation to provide for adequate protection and privacy of the data.
The security and safeguards established by the data controller in relation to the personal data
The processes available to a data subject to access and correct his personal data
The recourse open to a data subject, if he has any complaints in respect of collection or processing of the personal data and the procedure relating thereto
The name, address, and contact particulars of the data controller and all persons who will be processing the personal data on behalf of the data controller.

Disclosure of personal data: Though titled as ‘sharing of personal data’ both the 2011 Bill and 2014 Bill require consent for the disclosure of personal information, but list exceptional circumstances on which consent is not needed. In the 2011 bill, the relevant provision permits disclosure of personal data without consent only if (i) the sharing was a part of the documented purpose, (ii) the sharing is for any purpose relating to the exceptions to the right to privacy or (iii) the Data Protection Authority has authorized the sharing. In contrast, the 2014 Bill permits disclosure of personal data without consent if (i) such disclosure is part of the legitimate purpose (ii) such disclosure is for achieving any of the objectives of section 5 (iii) the Authority has by order authorized such disclosure (iv) the disclosure is required under any law for the time being in force (v) the disclosure is made to the Government Intelligence agencies in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India. As a safeguard, the 2014 Bill requires that any person to whom personal information is disclosed, whether a resident or not, must adhere to all provisions of the Act. Furthermore, the disclosure of personal data must be limited to the extent which is necessary to achieve the purpose for which the disclosure is sought and no person can make public any personal data that is in its control.

Transborder flow of information: Though both the 2011 Bill and the 2014 Bill require any country that data is transferred to must have equivalent or stronger data protection standards in place, the 2014 Bill carves out an exception for law enforcement and intelligence agencies and the transfer of any personal data outside the territory of India, in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India.

Mandatory Processing of Data: Both the 2011 Bill and 2014 Bill have provisions that address the mandatory processing of data. These provisions are similar, but the 2014 Bill includes a requirement that data controllers must anonymize personal data that is collected without prior consent from the data subject within a reasonable time frame after collection.

Security of Personal Data: The provision relating to the security of personal information in the 2014 Bill has been changed from the 2011 Bill by expanding the list and type of breaches that must be prevented, but removing requirements that data controllers must ensure all contractual arrangements with data processors specifically ensure that the data is maintained with the same level of security.

Conditions on which provisions do not apply: Both the 2011Bill and 2014 Bill define conditions on which the provisions of updating personal data, access, notification of breach of security, retention of personal data, data quality, consent, choice, notice, and right to privacy will not apply to personal data. Though the 2011 Bill and 2014 Bill reflect the same conditions, the 2014 Bill carves out an exception for Government Intelligence Agencies - stating that the provisions of updating personal data, access to data by the data subject, notification about breach of security, retention of personal data, data quality, processing of personal data, consent, choice, notice, collection from an individual will not apply to data collected or processed in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India.
Privacy Officers: Unlike the 2011 Bill, the 2014 Bill defines the role of the privacy officer that must be established by every data controller for the purpose of overseeing the security of personal data and implementation of the provisions of the Act.
Power of Authority to Exempt: Both the 2011 Bill and 2014 Bill contain provisions that enable the Authority to waive the applicability of specific provisions of the Act. The circumstances on which this can be done are based on the exceptions to the Right to Privacy in both the 2011 and 2014 Bill. To this extent, the 2014 Bill differs slightly from the 2011 Bill, by removing the power of the Authority to exempt for the ‘detection of crime’ and ‘any other legitimate purpose mentioned in this Act’ .

The Data Protection Authority: The 2011 Bill and 2014 Bill both establish Data Protection Authorities, but the 2014 Bill further clarifies certain aspects of the functioning of the Authority and expands the functions and the powers of the Authority. For example, new functions of the Authority include:

Auditing any or all personal data controlled by the data controller to assess whether it is being maintained in accordance with the Act,
Suggesting international instruments relevant to the administration of the Act,
Encouraging industry associations to evolve privacy standards for self regulations, adjudicating on disputes arising between data controllers or between individuals and data controllers.

The 2014 Bill also expands the powers of the Data Protection Authority – importantly giving him the power to receive, investigate complaints about alleged violations of privacy and issue appropriate orders or directions.

At the same time, the 2014 Bill carves out an exception for Government Intelligence Agencies and Law Enforcement agencies – preventing the Authority from conducting investigations, issuing appropriate orders or directions, and adjudicating complaints in respect to actions taken by the Government Intelligences Agencies and Law Enforcement, if for the objectives of (a) sovereignty, integrity or security of India; or(b) strategic, scientific or economic interest of India; or(c) preventing incitement to the commission of any offence, or (d) prevention of public disorder, or(e) the investigation of any crime; or (f) protection of rights and freedoms of others; or (g) friendly relations with foreign states; or (h) any other legitimate purpose mentioned in this Act.

This power is instead vested with a court of competent jurisdiction.

The National Data Controller Registry: The 2014 Bill removes the National Data Controller Registry and requirements for data controllers to register themselves and oversight of the Registry by the Data Protection Authority.
Direct Marketing: Both the 2011 and 2014 Bills contain provisions regulating the use of personal information for direct marketing purposes. Though the provisions are broadly the same, the 2011 Bill envisions that no person will undertake direct marketing unless he/she is registered in the ‘National Data Registry’ and one of the stated purposes is direct marketing. As the 2014 Bill removes the National Data Registry, the 2014 Bill now requires that any person undertaking direct marketing must have on record where he/she has obtained personal data from.
Interception of Communications: Though maintaining some of the safeguards defined in the 2011 Bill for interception, 2014 Bill changes the interception regime envisioned in the 2011 Bill by carving out a wide exception for organizations monitoring the electronic mail of employees, removing provisions requiring the interception take place only for the minimum period of time required for achieving the purposes, and removing provisions excluding the use of intercepted communications as evidence in a court of law. Similar to the 2011 Bill, the 2014 Bill specifies that the principles of notice, choice and consent, access and correction, and openness will not apply to the interception of communications.
Video Recording Equipment in public places: Unlike the 2011 Bill, which addressed only the use of CCTV’s, the 2014 Bill addresses the installation and use of video recording equipment in public places. Though both the 2011 Bill and 2014 Bill both prevent the use of recording equipment and CCTVs for the purpose of identifying an individual, monitoring his personal particulars, or revealing personal, or otherwise adversely affecting his right to privacy - the 2014 Bill requires that the use of recording equipment must be in accordance with procedures, for a legitimate purpose, and proportionate to the objective for which the equipment was installed.

The 2014 Bill makes a broad exception to these safeguards for law enforcement agencies and government intelligence agencies in the interest of the sovereignty, integrity, security or the strategic, scientific, or economic interest of India.

Privacy Standards and Self Regulation: The 2014 Bill establishes a specific mechanism of self regulation where industry associations will develop privacy standards and adhere to them. For this purpose, an industry ombudsman should be appointed. The standards must be in conformity with the National Privacy Principles and the provisions of the Privacy Bill. The developed standards will be submitted to the Authority and the Authority may frame regulations based on the standards. If an industry association has not developed privacy standards, the Authority may frame regulations for a specific sector.
Settlement of Disputes and Appellate Tribunal: The 2014 Bill makes significant change to the process for settling disputes from the 2011 Bill. In the 2014 Bill an Alternative Dispute Mechanism is established where disputes between individuals and data controllers are first addressed by the Privacy Officer of each Data Controller or the industry level Ombudsman. If individuals are not satisfied with the decision of the Ombudsman they may take the complaint to the Authority. Individuals can also take the complaint directly to the Authority if they wish. If an individual is aggrieved with the decision of the Authority, by a privacy officer or ombudsman through the Alternative Dispute Resolution mechanism, or by the adjudicating officer of the Authority, they may approach the Appellate Tribunal. Any order from the Appellate Tribunal can be appealed at a high court.

In the 2011 Bill disputes between the data controller and an individual can be taken directly to the Appellate Tribunal and orders from the Authority can be appealed at the Tribunal. There is not further path for appeal to an order of the tribunal.

Offences and Penalties: The 2014 Bill changes the structure of the offences and penalties section by breaking the two into separate sections - one addressing offences and one addressing penalties while the 2011 Bill addressed offences and penalties in the same section.

Offences: The 2014 Bill penalizes every offence with imprisonment and a fine and empowers a police officer not below the rank of Deputy Superintendent of Police to investigate any offence, limits the courts ability to take cognizance of an offence to only those brought by the Authority, requires that the Court be no lower than a Chief Metropolitan Magistrate or a Chief Judicial Magistrate, and permits courts to compound offences. The 2014 Bill further specifies that any offence that is punishable with three years in prison and above is cognizable, and offences punishable with three years in prison are bailable. . Under the 2014 Bill offences are defined as:

Unauthorized interception of communications
Disclosure of intercepted communications
Undertaking unauthorized Covert Surveillance
Unauthorized use of disclosure of communication data

The offences defined under the Act are reflected in the 2011 Bill, but the time in prison and fine is higher in the 2014 Bill.

Penalties: The 2014 Bill provides a list of penalties including:

Penalty for obtaining personal data on false pretext
Penalty for violation of conditions of license pertaining to maintenance of secrecy and confidentiality by telecommunications service providers
Penalty for disclosure of other personal information
Penalties for contravention of directions of the Authority
Penalties for data theft
Penalties for unauthorised collection, processing, and disclosure of personal data
Penalties for unauthorized use of personal data for direction marketing. These penalties reflect the penalties in the 2011 bill, but prescribe higher fines

Adjudicating Officer: Unlike the 2011 Bill that did not have in place an adjudicating officer, the 2014 Bill specifies that the Chairperson of the Authority will appoint a Member of the Authority not below the Rank of Director of the Government of India to be an adjudicating officer. The adjudicating officer will have the power to impose a penalty and will have the same powers as vested in a civil court under the Code of Civil Procedure. Every proceeding before the adjudicating officer will be considered a judicial processing. When adjudicating the officer must take into consideration the amount of disproportionate gain or unfair advantage, the amount of loss caused, the respective nature of the default

Civil Remedies and compensation: Both the 2011 and 2014 Bill contain provisions that permit an individual to pursue a civil remedy, but the 2014 Bill limits these instances to - if loss or damage has been suffered or an adverse determination is made about an individual due to negligence on complying with the Act, and provides for the possibility that the contravening parties will have to provide a public notice of the offense.

The 2014 Bill removes provisions specifying that individuals that have suffered loss due to a contravention by the data controller of the Act are entitled to compensation.

Exceptions for intelligence agencies: Unlike the 2011 Bill, the 2014 Bill includes an exception for Government Intelligence Agencies and Law Enforcement Agencies – stating that the Authority will not have the power to conduct investigations, issue appropriate orders and directions or otherwise adjudicate complaints in respect of action taken by the Government intelligence agencies and Law Enforcement agencies for achieving any of the objectives that reflect the defined exceptions to privacy.

The Centre for Internet and Society welcomes many of the changes that are reflected in the Privacy Bill 2014, but are cautious about the wide exceptions that have been carved out for law enforcement and intelligence agencies in the Bill.

In 2012, the Report of Group of Expert s on Privacy was developed for the purpose of informing a privacy framework for India. As such the Centre for Internet and Society will be analyzing in upcoming posts the draft Privacy Bill 2014 and the recommendations in the Report of the Group of Experts on Privacy.

For more details visit https://cis-india.org/internet-governance/blog/leaked-privacy-bill-2014-v-2011

India Access To Knowledge/Draft Work plan July 2014 - June 2015

vishnu — 2014-04-08T09:51:27Z

One of the key mandates of the Access to Knowledge (A2K) programme at the Centre for Internet and Society (CIS) is to work towards catalysing the growth of the open knowledge movement in South-Asia and in Indic languages. CIS has been a steward of the Wikimedia movement in India since December 2008 when Jimmy Wales visited Bangalore. From September 2012 it has been actively involved in growing the movement in India through a grant received from the Wikimedia Foundation (WMF). Based on the 18-month experience of working with various Indic Wikimedia communities, CIS-A2K has developed its Work Plan for July 2014 to June 2015.

This was originally published on Wikimedia blog

This work plan consists of 21 plans across 6 verticals. These are:

7 Language Area Plans: CIS-A2K has put in significant efforts in four focus language areas plans during the last year and has been successful in reaching most of its goals. In 2014-15 we will further deepen our engagement in these four language areas (Kannada, Konkani, Odia and Telugu). Further, this experience and the learnings from it will be leveraged to work on three more large Indic language Wikipedia projects, which are Bangla, Hindi and Marathi. We have developed a detailed plan for each of these language areas, which can be seen here.
3 Community Strengthening Initiatives: We propose community strengthening initiatives that will further grow the Indic Wikimedia projects and the associated community, both qualitatively and quantitatively. These initiatives, focussing on building capacity and nurturing leadership in the Indic communities, will ensure that growth is sustained beyond the CIS-A2K program. A detailed plan for each of these initiatives is available here.
8 Stand-alone Wikimedia Projects: These stand-alone projects will have clear deliverables in a limited span of time, and will help us understand how to take up bigger initiatives in the respective language. All the stand-alone projects are more fully described here.
Creating Movement Resources: Once CIS-A2K began actively working with the Indic Wikimedia communities, it soon realized that unlike in English there were not many Wikimedia-related resources available in Indic languages. During the last year we produced some resources which were mostly unplanned outcomes. However, we feel there is an urgent need to create movement resources in Indic languages like a Creative Commons (CC) handbook; a Copyright handbook; training manuals; video tutorials, etc. See our plans for concerted efforts to create resources for strengthening the Wikimedia movement in India and in Indic languages here.
Publicity, Research and Documentation: Many of the Indic Wikimedia projects in spite of being in existence for more than 10 years have not received adequate publicity. Also, the Wikimedia movement in India could benefit from more systematic research and documentation. CIS-A2K will put in more intensive efforts into Publicity, Research and Documentation of the Wikimedia movement in India during this year as per the plans discussed here.
General Support and Service to the Movement: CIS-A2K deeply believes in extending support and service to the Wikimedia volunteer community in India. This has been one of the important aspects of our work so far. We have honoured up to 100 requests of all sizes that we received from the Wikimedia volunteer communities across all Indic languages. This page gives more details about the proposed work.

The work plan includes details of aims, objectives, programme activities and expected outcomes. Most of the language area plans were put together in active consultation with the respective Wikimedia language communities. Various inputs and ideas contributed, opportunities provided, and challenges thrown at the CIS-A2K program during the last year by the Wikimedia communities in India, our institutional partners, Executive Committee (EC) of Wikimedia India Chapter (WMIN) and the Wikimedia Foundation's Grantmaking Team have significantly informed our work plans.

Introduction

Background to CIS-A2K Program

The Wikimedia Foundation approved a grant of ₹26,000,000 to CIS in Bangalore, India to expand their A2K programme in India. The grant was released over a three phase period - first in September 2012 (₹ 11,000,000), second in June 2013 (₹ 7,500,000) and third in December 2014(₹ 7,500,000). The purpose of the grant was to enable the A2K team to work with the Wikimedia community of volunteers in India to expand the Indic Wikimedia projects and associated communities. In addition, the grant was aimed at generating improvements in India-relevant free knowledge in Wikimedia’s English projects, and the wider distribution of Wikimedia’s free knowledge within India.

CIS-A2K created an Annual Work Plan (2013-2014) that is being successfully implemented. Most of the projected outcomes against the plans have already been met. There have also been many unplanned outcomes. CIS-A2K has periodically been sharing its work openly with the Wikimedia community in India, WMIN and WMF's Grantmaking team. See all our reports and newsletters here.

Objective

The objective of the CIS-A2K is to catalyse the growth of open knowledge movement in South Asia and in Indic languages. Within the Wikimedia universe CIS-A2K specifically strives to further grow the Indic and English Wikimedia projects and communities by a) supporting and serving the Wikimedia communities; b) building institutional partnerships; c) bringing more content under free license; d) designing and executing projects with community participation; e) strengthening the Wikimedia volunteers; and f) fostering and enabling an appropriate legal and technological ecosystem.

Context

It is important to understand the two broader contexts in which CIS-A2K program operates, which underpins the implementation of this work plan.

Linguistic Diversity of India: India is known for its linguistic diversity. India is home to several dominant languages and also several small languages which are facing extinction. Due to the large number of languages that exist in India, the country has more than 20 different language Wikipedias. Each Indic Wikimedia language project is different from the others in terms of community structure, speaker base, literacy level, technical knowledge, existing documentation, language corpora and challenges in the cyberspace, etc. Hence, each Indian language has its own strengths and challenges which are quite different from each other.

Since each Indian language is so distinct, we cannot apply a ‘one-size fits all’ approach; hence CIS-A2K early on adopted the strategy of creating a detailed plan for each language. During 2013-14 we chose five (of which only four could be executed) Indic languages for focussed intervention and developed [plans]. This strategy did pay off and we have now decided to work on seven languages. It is important to note that we are cautious about not massively scaling up this strategy and our choice to work on seven language areas is well informed. However, we have planned to execute some stand-alone projects in other Indic languages and will provide need based support to other Indic Wikimedia communities.
Institutional Context: The A2K program is housed at CIS Bangalore. CIS is an almost 6 year old non-profit organisation [with offices in Bengaluru and New Delhi] focussing on interdisciplinary policy and academic research. CIS conducts policy research in the following areas - accessibility, access for knowledge [including free/open source software, open content, open standards, open access and open data], internet governance [including privacy and freedom of speech and expression], telecom [limited to shared backhaul and shared spectrum]. CIS produces academic research focusing on digital natives and digital humanities.

CIS shares the same values as Wikimedia and the free and open source software community. CIS believes Wikimedia's objectives of disseminating free knowledge to each and every individual. There are certain advantages the A2K program has because of its location within CIS. Some of these include: a) opportunity to leverage the strong network CIS has developed with various free culture / openness movement stakeholders in the past 6 years of its existence; b) the advantage of having an office space in a city which is the hub of the openness movement in India; c) readily available administrative and support staff and systems that saves a lot of A2K staff's time; d) cross-pollination of ideas and work done in other CIS programs and vice-versa; e) organisational principles like subsidiarity, war on meta-work, post-facto accountability, and amorphous institutional boundaries give the A2K team members amazing programmatic agility; and f) the right kind of ecosystem for free knowledge work[1] There are also some disadvantages: a) CIS being a non-chapter or Wikimedia volunteer-driven entity faces very valid questions about legitimacy, representation and "voluntary sector" vs. "volunteer" dichotomy; b) a section of the community view CIS-A2K as a competitor to WMIN for financial resources which undermines trust-building and consequently threatens synergies between WMIN and A2K c) CIS has to be conservative about attributing Wikimedia growth and community growth to A2K initiatives as it can be misconstrued as credit-grabbing.[2]

Methodology

Process

This work plan is put together based on an extensive engagement with various stakeholders of Wikimedia movement in India. These include a) some Wikimedia volunteers across Indic Wikimedia projects; b) WMIN Executive Committee; d) Institutional Partners of CIS-A2K; e) a few like-minded advocates of free knowledge; f) A2K Program Adviser Dr. Tejaswini Niranjana; and g) a few of the Wikimedia Foundation staff. Some of the language area plans were shared with that particular language Wikimedia community for feedback over the Wikipedia village pumps, mailing lists and social media groups. Each plan document has a list of contributors who have contributed in developing the plan.

Structure

There are 21 diverse plans within this plan. During the work planning exercise we realized that this diversity is both a good feature and a potential bug. We were concerned about making these plans intelligible. So we have worked very hard to come up with a standard template for all plans. Thus a cursory glance may give the impression that some plans look similar, but they are not. However, you may see repetitions in strategies across plans. Also in some plans we had to deviate from the template. Moreover, it is less productive to compare one sub-plan with another sub-plan as each plan was developed taking into consideration a) specific strengths and opportunities that CIS-A2K program could build on; b) particular needs for support to which we could respond; and c) specific challenges that require localized solutions.

Granularity

This plan is not set in stone and will be periodically (right now quarterly) reviewed and revised if required. The intention of this work plan is to continually ensure better design and better engagement. Thus this "plans within the plan" structure was essential to evolve a sense of granularity of the CIS-A2K team’s work along with micro-level outcome and impact metrics. This will give us the flexibility to amputate a plan, if it fails, without affecting the rest of the plans. We also believe that this granularity in plans will give a focussed direction for the CIS-A2K team and the volunteers who will collaborate with us in the implementation.

Mapping Plan to Budget/Mission Level Transparency

Each plan has an independent budget and is closely mapped on to the implementation plan. An attempt is made to correlate why we are spending a certain amount on a certain activity. Thus all these budgets are very optimally planned and the overall budget is an assimilation. CIS-A2K believes that this will give mission level transparency to our work and provide a clear structure of accountability to the movement.

Annual Work Plan July 2014-June 2015

Language Area Work Plans

CIS-A2K has put in significant efforts in four focus language areas plans during the last year and has been successful in reaching most of the proposed goals. In 2014-15 we will further deepen our engagement in these four language areas (Kannada, Konkani, Odia and Telugu). Further, this experience and the learnings from it will be leveraged to work on three more large Indic Wikipedia projects, which are Bangla, Hindi and Marathi. We have developed a detailed plan for each of these language areas, which is given below.

Some of the key factors that determined the selection of languages areas have included:

Deepening the work. We have decided to continue our work in the language areas chosen last year as we believe that we need to deepen our work to ensure that the momentum we have built will be sustained even after our exit.
Networking of institutions and groups. The A2K team has put together a list of knowledge institutions, groups and individuals with whom it has some connections and believes that it can bring them into the Wikimedia movement. These collaborations will not only result in significant quality-content contributions, but will lead to the diversification and expansion of that particular language Wikimedia community.
Willingness of that particular language community to interact and engage with the A2K team. Though we tried approaching other language communities informally, we were given to understand that they would like to consider engaging with us at a later stage. We respect the community's decision and express our willingness to work with newer language areas in a subsequent phase.
Familiarity of the A2K team members with the language. Each of us are editors/can edit or at least read the discussions in most of the above language Wikipedias. This will give us an insider's perspective of what is happening in that particular language community and the Wikimedia projects.

Community Strengthening Initiatives

CIS-A2K proposes to undertake three community strengthening initiatives that will further grow the Indic Wikimedia projects and the associated community, both qualitatively and quantitatively. These initiatives, focussing on building capacity and nurturing leadership in the Indic communities, will ensure that growth is sustained beyond the CIS-A2K program.

Nurturing Mediawiki and Tech Talent in Indic Communities: Through this initiative CIS-A2K aims to make the Indic Wikimedia communities relatively more self-reliant in addressing minor technical issues through nurturing and building community level technical leadership. This could go a long way in reducing excessive dependency on the Engineering resources and will help the Indic communities in building strong technical liaison with the Media Wiki global community and the WMF Engineer team. The detailed plan is available here.
Wikimedia Train the Trainer Program, CIS-A2K: The program will help build capacity and enable community members to conduct outreach sessions independently or with minimal support to introduce Wikipedia to prospective editors in their respective Indian languages. See here for a detailed design of this initiative.
Wiki-Data India Marathon: Wikidata India Marathon will be a month long travelling event (or a set of events) across India. The primary objective of this marathon will be to introduce Wikidata to various Indic Wikimedia communities and show how it can be used and what benefits it has. For more details see here.

Stand-alone Wikimedia Projects

Many project ideas came up as potential opportunities and as unplanned outcomes of our work during the last year. Based on an internal evaluation and thorough due-diligence we have short-listed some projects that could have high rate of success and learning. We propose to take up 8 such projects as stand-alone Wikimedia projects during this work plan period. These stand-alone projects will have clear deliverables in a limited span of time, and will help us understand how to take up bigger initiatives in the respective language.

Med GLAM Project at Calicut Medical College: The main objective of this project is to create, curate and make openly available images from the Department of Pathology, Calicut Medical College (CMC) for the benefit of medical and para-medical students and staff of CMC specifically and for the larger medical fraternity across the world, using free/open knowledge database Wikimedia Commons.
Wiki Loves Public Art (India): This is a photography competition that seeks to get photographs of works of public art on Wikipedia. The competition is modelled on Wiki Loves Monuments (WLM) which has been running successfully since 2010. We plan to execute this in active collaboration with WMIN GLAM SIG.
100 Books on Gujarati Wikisource: The main objective of this project is to add significant content to Gujarati Wikisource using OCR. This project will be executed in collaboration with Gujarati Wikimedia community, WMIN Chapter, Forbes Gujarati Sabha (which will provide access to copyright free Gujarati content to be put up on Gujarati Wikisource) and The Maharaja Sayajirao University, Baroda.
Urdu Wikipedia Education Program at MANUU: This project aims to roll out Wikipedia Educational Programme aimed at the students of Maulana Azad National Urdu University, Hyderabad.
Odia Wikisource as OER: This project aims to make Odia Wikisource a live project. Towards this three things will be done by CIS-A2K. First, to get a major Odia author's (Dr. Jagannath Mohanty) content re-released under CC-BY-SA 3.0 and to host it on Odia Wikisource. Second, with the help of Kalinga Institute of Social Sciences undertake a project whereby the students will type and proof read the books on Odia Wikisource, which could be used as OER across various educational institutions. Third, the digitized children's literature in Odia will be freely distributed across the government schools in an offline form. This project is inspired by the Malayalam Wikimedia community's efforts of introducing Wikisource in schools as part of the IT at Schools program in Kerala.
Making the Tulu Wikipedia Live
Making the Santali Wikipedia Live
Telugu Wiki Bus: This pilot project aims to create massive awareness about Indic Wikimedia projects in smaller cities and towns. This is modelled on the Google bus program and will be implemented in the Telugu speaking region of Andhra Pradesh.

Creating Movement Resources

Once CIS-A2K began actively working with the Indic Wikimedia communities, it soon realized that unlike English there are not many Wikimedia related resources available in Indic languages. During the last year we produced some resources, which were mostly unplanned outcomes. However, we feel that there is an urgent need for concerted efforts to create resources to strengthen the Wikimedia movement in India and in Indic languages. We strongly believe that creating these movement resources will go a long way in growing and strengthening the Wikimedia volunteers beyond the limits of CIS-A2K program. Some of the activities in this plan have a larger fit with the larger institutional work of CIS in the domain of Intellectual Property Rights and Openness.[3] We will collaborate with the legal expertise within CIS in executing some of these activities. A detailed plan of activities under this initiative along with a budget can be seen here.

Publicity, Research and Documentation

Many of the Indic Wikimedia projects in spite of being in existence for more than 10 years have not received adequate publicity. Many of the long time Indic Wikimedia volunteers have, during our interactions, expressed the need to increase the publicity about the Indic Wikimedia projects so that there is increased public awareness. CIS-A2K has left no stone unturned to get print and electronic media publicity for Indic Wikimedia projects and communities duirng 2013-14. Because of our efforts there were about 100 news items the print media[4] and about 10 programs on electronic media[5] in the last year.

Also the Wikimedia movement in India could benefit with more systematic research and documentation. It should be noted that CIS has been doing research about the Wikimedia movement way before the Access to Knowledge program got a grant from Wikimedia Foundation. Researching on various elements of the Wikimedia movement is not something new for CIS and the team will continue its efforts in this direction. In addition to action research, we undertook systematic documentation of the movement during the last year. More intensive efforts will be put in Publicity, Research and Documentation of the Wikimedia movement in India during this year as per the plans discussed here.

General Support and Service to the Movement

CIS-A2K deeply believes in extending support and service to the Wikimedia volunteer community in India. This has been one of the important aspects of our work. We have honoured up to 100 requests of all sizes that we received from the Wikimedia volunteer communities across all Indic languages. Most of these requests are listed here and here. CIS-A2K also receives requests over e-mail and some community members do reach out to us over mobile phones to place requests. In general the quick response time of CIS-A2K to these requests has been appreciated by many of the community members. We would like to continue with our efforts in supporting and serving the Wikimedia community in India and maintain the quick response time. CIS-A2K has actively consulted with the Wikimedia India Chapter (WMIN) before supporting most of the community requests, especially when it involved allocating funds for large community events like Tamil Wikipedia 10th anniversary celebrations. We also ensure that supporting community events is done in a transparent manner. However, we would need to review our methods and further streamline systems of support, which will be worked up on during this year. This page will give more details about the proposed work.

Learning and Evaluation

Based on discussions with the Wikimedia India Chapter EC and with some members of the Wikimeda community, the A2K programme had put together some evaluation tools to assess the impact of its work during the last year. We have included some more metrics for evaluation this year.

Evaluation Tools

Quarterly growth of no. of articles
Quarterly growth of no. of total editors
Quarterly growth of no. of new editors
Quarterly growth of no. of active editors
Quarterly growth of no. of very active editors
No. of page views
No. of articles < 2 KB < 5 KB
No. of new tools/gadgets made available during a time-slice
No. of mentoring interactions
No. of bugs filed and resolved
No. of edits (Article, Other mainspace edits)
Print and electronic media mentions

Reports

We will undertake quarterly and annually review of its work using the above evaluation tools. The team will also report the successes and learnings to the Wikimedia India & the global community. In addition to this the A2K team will actively review progress of each language area plan in collaboration with the respective Wikimedia community. Based on this feedback we will undertake mid-course corrections, should there be a need. This will be openly shared on the respective plan discussion pages on Meta. In addition to this, A2K will continue to publish monthly newsletter informing the larger community of the various activities A2K has undertaken in a certain month and is planning to undertake in the upcoming month. Towards the the end of the grant, A2K will share an impact report encompassing analysis of all year long work done by A2K. To summarize following reports will be published in the year of 2014 - 2015:

Quarterly Report 1 (July 2014 - October 2014)
Quarterly Report 2 (November 2014 - February 2015)
Quarterly Report 3 (March 2015 - June 2015)
Impact Report (July 2014 - June 2015)
Monthly Newsletters

Monthly Review and Learning Sessions

CIS-A2K conducted many weekly learning sessions to critically reflect on the successes and failures of our work internally. We had also used these weekly sessions to learn about new developments (tools, policies, etc) in the Wikimedia universe. However, this could not be sustained for a long period. We will take measures to revive this and make it a monthly exercise, which we will try to record or screen cast on CIS website. Simultaneously we will use this to do a monthly review of the progress of the various plans and discuss about the upcoming month's events.

Budget

As stated above in the methodology section, each of the 21 plans have an independent budget, which is closely mapped on to the implementation plan. Below we have give a concise picture of the budget requirements against the 6 verticals. As part of the WMF's grant to CIS, we have received Rs. 15,000,000.00 or US$ 242,178.00 during the last year. The proposed budget of Rs. 18,406,454.00 or US$ 297.831.00 is about 23 per cent more than the previous year's grant.

Sl. No.	Budget Item	FDC (INR)	FDC (US$)	Other Sources and in kind support (INR)	Other Sources and in kind support (US$)
1	Language Area Plans	Rs. 7,466,440.00	120,813.05338	Rs. 2,100,000.00	33,979.70279
2	Community Strengthening Initiatives	Rs. 2,610,400.00	42,238.3886	Rs. 200,000.00	3,236.16217
3	Stand Alone Wikimedia Projects	Rs. 2,584,300.00	41,816.06949	Rs. 2,495,000.00	40,371.12308
4	Creating Movement Resources	Rs. 1,188,000.00	19,222.80329	Rs. 2,400,000.00	38,833.94605
5	Publicity, Research & Documentation	Rs. 780,000.00	12,621.03247	Rs. 0.00	0.00000
6	General Support and Service to the Movement	Rs. 636,000.00	10,290.99570	Rs. 0.00	0.00000
7	Other Expenses	Rs. 1,468,000.00	23,753.43033	Rs. 2,964,000.00	47,959.92337
	Total before Institutional Development	Rs. 16,733,140.00	270,755.77331	Rs. 10,159,000.00	164,380.85745
8	Institutional Development (10%)	Rs. 1,673,314.00	27,075.57733	Rs. 0.00	0.00000
	TOTAL BUDGET	Rs. 18,406,454.00	297,831.35064	Rs. 10,159,000.00	164,380.85745

Other than item no. 7 and 8 the entire budget will go towards the programmatic implementation of the plans. The staff costs are not separately listed here as we see the CIS-A2K team as a programmatic investment and each of the team member's time is budgeted against a specific activity or plan. We propose to raise Rs. 10,159,000.00 or US$ 163,380.00 other sources and in-kind support towards executing this work plan. A detailed budget analysis is available here. Please See this google spreadsheet which gives a micro level picture of the Budget against each of the planned activity.

Giving Feedback

We appreciate your valuable feedback. However, for the sake of structured engagement by everyone, we request you to consider the following before you share your feedback.

For feedback on the overall A2K Work Plan you can write here.
For feedback on respective Language area plans, please write on the discussion page of the respective language plan.

For Bangla plan here.
For Hindi plan here.
For Kannada plan here.
For Konkani plan here.
For Marathi plan here.
For Odia plan here.
For Telugu plan here.

For feedback on Community Strengthening initiatives, please write on discussion page of the respective project page.
For feedback on Stand-alone Wikimedia Projects, please write on discussion page of the respective project page.
For feedback on Creating Movement Resources, please write here.
For feedback on Publicity, Research and Documentation, please write here.
For feedback on General Support and Service to the Movement, please write here.
Alternatively you could also share your feedback over e-mail at vishnu at cis-india.org. Please use the subject line Feedback on Work Plan.
Should you feel the need to discuss any aspect of the plan before sharing your feedback, please write to us and we can set up a telephone/Skype call.

Notes

[1]. CIS supports the Centre for Communication Governance at National Law University through a fellowship and participation on the advisory board; CIS supports the open data community through support for the founders of Data Meet; CIS is supporting venue costs for some of Cyber Security and Privacy Foundation's outreach programmes; CIS has supported the last edition of the Goa Project; CIS allows various groups to use its Bangalore and Delhi offices for meetings such as Null Con Bangalore, Bitcoin Delhi, Arduino, Dojo, Crypto Party and Maker Party communities. In the past, CIS has hosted Inclusive Planet India and Has Geek at its Bangalore office.

[2]. See the discussion in this TechCrunch article. Also see this blog which inspired TechCrunch to do a feature about the growth of Indic Wikipedia projects.

[3]. Openness initiative at CIS

[4]. All the four foucs language areas during the last year's plan received significant print media coverage because of CIS-A2K's efforts. In addition, even the mainstream English print media did stories on indic Wikimedia projects, which was unprecedented.

[5].There were 6 television programs and 1 radio program on Telugu Wikipedia and 2 television programs and 1 radio interview on Kannada Wikipedia.

For more details visit https://cis-india.org/openness/blog-old/india-access-to-knowledge-draft-work-plan-july-2014-june-2015

Enabling Elections

nirmita — 2014-05-10T00:12:00Z

For making the 2014 General Elections in India participatory and accessible for voters with disabilities the Centre for Law and Policy Research and the Centre for Internet and Society have come up with a report. The report addresses the barriers that people with disabilities face during elections and recommends solutions for the same.

Executive Summary

The report examines three main areas:

The barriers that people with disabilities face at the time of elections.
The legal framework around this issue.
The measures which need to be taken to eliminate the barriers in the pre-voting phase, during voting phase and also post-voting phase, so as to enhance the participation of voters with disabilities.

Access to the public sphere and full political participation is a matter of right for persons with disabilities and the state is constitutionally mandated to enforce this right. The rights of voters with disabilities are examined under the constitutional provisions, the Representation of People’s Act 1951, the relevant directions of the Supreme Court and the international conventions. This report also considers international best practices while making recommendations, to the extent that they are suitable and practical in the Indian context.

This report looks at Electoral Participation in two dimensions:

“Pre-electoral Participation” and
“Actual Electoral Participation”

The report then goes on to make recommendations for enhancing accessibility in both these categories.

On Pre-electoral Participation, the report inter alia recommends the following:

Opportunities for people with disabilities to participate in public consultations.
Immediate outreach programs for higher voter registrations.
Making election material and candidate guides available in different formats such as large print, Braille and audio formats upon request so that voters can have full knowledge of the candidate they want to vote for.
Providing information for voters about locations which have special access, wheelchair facilities, technological assistance for visually impaired, etc.

On Actual Electoral Participation, we inter alia recommend the following:

Accessible polling sites.
Training election staff to be sensitive to diverse needs of voters.
Enabling privacy and independent voting by persons with disabilities.
Arranging for mobile polling booths.
Making EVM’s compatible and accessible such as by providing for Braille, large print.
Tactile buttons, 'sip and puff' and audio devices.

The report also recommends the need to monitor participation of voters with disabilities in the forthcoming elections.There is a need to collect data, surveys and studies in the pre-election, election and post-election phases.

Click here to download and read the full report (PDF, 4.5 MB)

For more details visit https://cis-india.org/accessibility/blog/enabling-elections

Institute for Internet & Society 2014, Pune

samantha — 2014-04-07T11:31:23Z

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

Day One

February 11, 2014

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

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

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

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

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

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

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

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

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

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

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

Day Two

February 12, 2014

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

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

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

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

Evening Discussion

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

Day Three

February 13, 2014

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

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

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

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

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

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

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

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

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

Day Four

February 14, 2014

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

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

eAccessibility and Inclusion, Prashant Naik

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

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

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

Day Five

February 15, 2014

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

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

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

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

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

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

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

Fieldwork Presentations, Groupwork

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

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

Day Six

February 16, 2014

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

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

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

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

Case Studies, Groupworks

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

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

Day Seven

February 17, 2014

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

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

Internet Activism, Laura Stein

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

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

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

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

Digital Design: Human Behavior vs. Technology - Vita Beans

denisse — 2015-10-24T14:29:23Z

What comes first? Understanding human behavior and communication patterns to design digital technologies? Or should our technologies have the innate capacity to adapt to the profiles of all its potential users? This post will look at accessibility challenges for digital immigrants and the importance of behavioral science for the design of digital technologies. We interview Amruth Bagali Ravindranath from Vita Beans.

CHANGE-MAKER: Amruth B R

PRODUCT:
Vita Beans and Guru G

METHOD OF CHANGE:
Borrow elements from behavioral science and social marketing to make technology more intuitive.

STRATEGY OF CHANGE:
Make technology easy to use, fun and effective.

Chirptoons: Create Cartoons in a Jiffy. Designed by Vita Beans
(The animation seems to be skipping a few lines. Check box below for a transcript)
Design your own here: http://bit.ly/1dOEpPo

Transcript of animation:

Ajoy: Hi!
Usha: Hi! What will we talk about today?
Ajoy: We will learn to design digital stories!
Usha: What do you mean by digital stories?
Ajoy: What we are doing right now!.
Telling a story through a digital medium.
Usha: Oh! But what is so complicated about that?
You write a story and then you post it online What’s
the big deal?
Ajoy: This is true. But you want everyone to access
your story right?
Usha: Yes! Of course!
Ajoy: Then you need to think about your audience!
Are you sure they all know how to use this technology?
Usha: Well...no, not really.
Ajoy: Do you know what makes it challenging for them?
Or how to adapt technology to make it easier?
Usha: Eh, no...no clue :(
Ajoy: Then read on.Today we will take a step back.
We must think about human behaviour first!
and then design our technology accordingly.
Usha: Sounds good! Let's do it.

First off, apologies for such a feeble and sad animation. When I was given access to Chirptoons, I was quite confident I would be able to produce a somewhat interesting introduction to this post and get you excited about our next interview. However, between first-time user friction and a couple of glitches in the program, I found myself -a semi-savvy digital native who has been using technology, almost every day of her life, for the last 15 years- struggling to create the cartoon and clearly failing at it. The biggest challenge was translating what I had in mind into a digital format (The demo was very straightforward. I was just particularly inept), and it was frustrating to the point I decided to drop it, leave it as is, publish my unfinished cartoon and turn this post into a reflection on 'design challenges behind digital storytelling', so I could move on with my life.

What I experienced with Chirptoons is what many users: both digital natives and immigrants constantly face due to the pace at which new digital technologies are emerging. While the privileged demographic who has physical access to technology has a decent knowledge of basic web browsing and document processing features, there is still a very large gap in accessibility in terms of how to navigate more complex formats. At the end of the day, producers retain the creative power and determine the functions and flexibility of the technologies we use in the day to day. Just think of Facebook and its constant interface updates. We have all felt the wrenching need for that 'dislike' button to make our interactions a tad more honest, yet we have no power to create it or change Facebook's format to one that enables our needs better.

So far, we have explored information from different angles: as activism, as visual design, as stories; and how digital technologies have been used strategically to disseminate it. However, our analysis is lacking a better understanding of the digital. We have been focusing on citizens as technology 'consumers', and we have not looked at whether digital infrastructures are accessible enough for users to become 'producers'. The question is: how do we do this: how do we engage different users with different digital literacy levels, skills and aptitudes in the production of digital content? With this post we bring a new topic into our series: accessibility and Information infrastructures. This one will focus on design and the role of behavioural science. Our interview with Amruth Bagali Ravindranath, brought a very unique perspective into the conversation, from which I would like to highlight three points:

a) The importance of behavioral science for design. Amruth stressed why we need a thorough understanding of behavioral and cognitive science in the design of digital technologies and how crucial it is to investigate the decision processes and communication strategies of humans to make technologies user-friendly and context appropriate.

b) How public relations and social marketing concepts can also provide insight on how to target and engage potential users more effectively. This point starts to answer some of the questions we raised on the Information Design post: thinking about the citizen as a consumer. This point also works as an alternative take on how to target civic engagement through technology.

c) How to engage different type of users: not only the digital native, but also digital immigrants[1]

who still play crucial roles as information gatekeepers in fields such as education or urban governance.

Vita Beans

We interviewed Amruth Bagali Ravindranath, Founder of Vita Beans to answer some of these questions. Vita Beans’ mandate is to create inspiring, easy-to-use applications in areas of education and human resources, to share knowledge in innovative, fun an effective ways. The logic behind their technological framework is trying to mimic the profile of the human brain linked to decision making -including economic, evolutionary, emotional, and psychological elements- and design their applications based on these patterns. Some of the products they offer are cognitive skill development applications, game based learning applications, educational technology research, among others, and their latest educational product: Guru G was chosen by the Unreasonable at Sea program (by Unreasonable institute & co-founder of Stanford d.school) as one of the 11 companies changing the world.

"We are trying to adapt to how the user wants to use something, rather than expecting the user to learn. This is essential in the education space to make things work".

Guru G is a "gamified teaching, teacher training & open certification platform", that aims to democratize access to technology for quality teachers. Rather than focusing on the student as most education technologies do, Guru G believes that teachers are the most important element of the education system. Enabling teachers, means quality education will reach the lives of hundreds of students during their professional life time, and with this in mind, Vita Beans designed a platform that is engaging, easy to use and intuitive, designed specifically with teachers, schools and governments in mind.

Unreasonable Barcelona: Anand Joshi, Guru-G from Unreasonable Media on Vimeo.

Inspiration

"Teachers don't use and don't like to use technology"

The idea came from the products Vita Beans had already developed for the education space, such as their text2animation & text2game prototypes. They had produced over 80 collaborative games teachers were using in the classroom. Students play together in teams and learn about different topics through the process of gaming. However, suddenly they realized teachers had great ideas they didn't know how to translate into a digital form because they did not have the knowledge or the skills to create digital content. This is, according to Amruth, the crisis they are trying to solve in the education space: the quality of teachers, access to good teachers and the difficulty for teachers to adopt new technologies were the biggest challenges. "

The design challenge

Their initial prototypes were designed with assumptions based on their gamification experiments with students. "We miserably failed with teachers and we discovered what a good gamification system for teachers looks like by prototyping with teachers and looking at the small things. It was an interesting learning experience." They identified two common reasons why they hesitated to adopt anything new in the classroom.

Teachers don't want to feel like they can't use something a student can.
Teachers can't visualize themselves using that tool, this there is an element of uncertainty and lack of confidence.

It was imperative for Vita Beans to switch focus: "Any tool you design, you expect to train the user to understand your tool, and if they refuse to do that; you blame them." They used their behavioural science background to come up with infrastructural solutions that solve the limitations from the outset.

The solutions

They started prototyping with natural language processing for their text2animation & text2game projects. NLP is a branch of computer science concerned with the interactions between computers and human languages. Teachers articulated their ideas in simple English and the program used NLP to take what they said, try to understand what they were trying to visualize and convert into programming language to build an animated movie out of it (like what we used to open this article -but with hopefully better results). Amruth was very confident about the potential of this prototype and shared with us that UNICEF might take it up and implement it as an open source animated video and game creation tool in Africa.

They also developed an adaptive navigation engine for one of their game based learning platforms; a tool that adapts to what you are trying to do: "There is no fixed way to navigate from one task to another. It tries to learn the closest action that each teacher is trying to do and it executes that. It tries to learn how the teacher wants to use it."' This was a success. They incorporated touch screens to make the product more intuitive and the teachers picked it up quickly.

Amruth claims they are the first in the world to develop a gamification platform specifically for teachers and the reason was their solution to the navigation issue. This experience also indirectly helped in designing Guru-G.

"Amruth Bagali Ravindranath talks about text2animation & text2game prototypes"
Amruth B R, at TedxMcGill. Courtesy of YouTube

These design solutions and the learnings from each project inspired the team to come up with products which have been adopted commercially across 10 states in India, reached 4000+ schools & over 3 million kids internationally through partners in India & North America. They have helped education companies build their primary and secondary school education products, (including one of India's top classroom technologies), have been covered by the media and won several entrepreneurship awards. More information here and on their website. Our question is: what is it about behavioral science that helped Amruth's team arrive to this epiphany in tech design?

Behavioral Science and Social Marketing

Comparing marketing to advocacy is bound to be met by resistance and perhaps controversy. I raised this question when we interviewed Maya Ganesh for the Information Design post, and stated the following in our conclusion: "Our consumption habits in the market are shaping how we process and interact with information in the public space. The possibility of 'consumer behavior' permeating modalities of activism, reinforces the need to explore more interesting strategies for information dissemination." Now that we are starting to look closely at the infrastructure supporting information, I will stubbornly return to the same question: to what extent should we borrow tactics for advocacy from marketing? and add: how much of it should permeate the design of digital technologies?

Amruth made a casual reference during our interview that triggered this thought. We were discussing the importance of understanding behavior patterns, when he brought up Edward Bernays. This man used psychoanalysis, psychology and social science to design public persuasion campaigns and could get masses to choose what he wanted them to without them realizing it. While this sounds awfully dangerous and manipulative, I would like to rescue the idea of understanding human behavior well enough to design technology around it and I will entertain this thought in the context of social change -please, don't judge.

Pillip Kotler, S. C. Johnson Distinguished Professor of International Marketing at the Kellogg School of Management at Northwestern University, wrote a paper bringing marketing and social change together: “Can social causes be advanced more successfully through applying principles, concepts and techniques of marketing?”. He defines marketing as:

"a sophisticated technology, that draws heavily on behavioral science for clues to solve communication and persuasion related to influencing accessibility. [...] Most of the effort is spent on discovering the wants of a target audience and creating goods and services to satisfy them" (Kotler, 1971)

This definition is a useful bridge to link marketing with accessibility of digital technologies. G.D. Wiebe wrote an influential paper on social marketing, that coined the question: "Why can't you sell brotherhood and rational thinking like you can sell soap?", that later influenced public information campaigns by USAID, the WHO, and the World Bank [2] . While he recognized how these models can to an extent commodify human behavior and social principles, he stressed that knowledge of behavioral science is a useful framework for product planning, that must be given a socially useful implementation. He developed the following criteria of considerations:

Criteria	Description
Force	The intensity of the person's motivation toward the goal -a combination of his predisposition prior to the message and the stimulation of the message
Direction	Knowledge of how or where the person might go to consummate his motivation.
Mechanism	The existence of an agency that enables the person to translate his motivation into action.
Adequacy	The ability and effectiveness of the agency in performing its task.
Distance	Estimate of the energy and cost required (by the user) to consummate the motivation in relation to the reward

Considering this framework is part of recognizing how knowledge circulating market networks affects our behavior. Nishant Shah addressed two ideas along these lines in the thought piece. First, he suggests us to recognize the negotiations that take place in the state-citizen-market ecosystem, and how they affect our rights, demands and responsibilities in society. Second, how this leads to a different understanding of the citizen as an "embodiment of these state-market negotiations". Keeping consumer behavior, and the forces shaping, enabling and constraining it in mind, is an interesting framework when we think of ourselves as information consumers -and as Yochai Benkler posits in The Wealth of Networks- in an ongoing transition to information producers. This also depends on how we think of information. We usually define content as information, but the structure and infrastructure are also pieces of 'information' we continuously shape through our interaction with technology. Hence, when we talk about making information accessible, we are also talking about producing legible and intelligible infrastructures.

Linking it back to digital technology

I am aware that the relationship we are trying to draw seems little far-fetched, but Amruth and the Vita Bean's team experience shows this behavioral-science approach, not only has a lot of potential, but is seldom explored in the education technology market. He told us about his success story with a behavior simulation engine. They used neuroscience as a base to build computer based activities and games to predict the behavior of its users on specific situations. They had an accuracy of 86%, which according to Amruth, is larger than every known psychological framework, and according to their testimonial, above most behavioral tests in the market (which only yield 20-40% of accuracy). Amruth said: "That was the first behavior research connection that brought us into the start-up space. Exploring games, exploring human behavior."

Design challenges in
mobile applications**

Make it noticeable
Make it useless if not shared
Manufacture peer pressure
Easy to personalize
Must evolve constantly
(static stories die)

We can also link these ideas back to storytelling. Amruth and I discussed what is the best way to use technology to engage users with digital stories. He made a good point at pairing up both processes: "What makes a storytelling session effective is how you contextualize a story for the person you are sitting with. As kids we are used to a one way process. As adults, stories are more interactive, so you may bring a new dimension, and the story might go in a very different direction. The technology must enable and reflect that." Compelling narratives must motivate the audience to interact with the stories, and digital devices must perform the same function. The infrastructure and interface of technologies must be intuitive, familiar and persuasive enough to sway users into interacting with it.

A way to do this is by pairing up technologies with the criterion above. In terms of functionality: provide them with a mechanism that translates the users ideas into action, that is efficient at enabling them, and that reduces the 'distance (the cost or amount of energy needed) to perform a task -as has been accomplished with Guru G in India. As for the force and direction of motivation, Amruth brought up some design challenges when discussing adoption of mobile applications [**"by analysing what increases the probability of a solution / campaign growing organically by word of mouth, going viral, and specifically what make something fashionable". See box on the left]. These challenges may vary from one application to the other but, at the end of day, the analysis and conceptualization of the product must be persuasive and empathetic with its users.

Making Change

To close our interview, Amruth and I talked about what it means to 'make change' through digital design. He believes 'making change' is composed of three elements:

Empathy: Your attempt to make change will depend on the amount of empathy you feel towards the people you are trying to create change for. "We spend time interacting with teachers, classrooms, just to get an idea of how the teacher thinks, empathize with prospective users".
Imagination: How you translate this empathy into solutions. "Imagination helps you think of as many solutions as you can to solve the design and adoption challenges"
Action: The most challenging stage according to Amruth: "If your technology is too hard to use, you will lose audience. If it's not impactful enough, it is trivialized. How do you reach a balance in making it effortless and yet, impactful?"

This post took a step back in our analysis of citizen action, to uncover a less visible space where change is also taking place: the intersection of the user with the machine. We seldom look at the relationship: producer-machine-consumer (and its multiple combinations) and how our behavior is being reconfigured by new digital technologies (in this project). The pace at which we need to upgrade our own operation systems, requires a degree of digital literacy that is not being facilitated by the state, the market or even civil society. Vita Beans, is one of the few examples of market actors working towards cutting the middle-man between users and digital technologies. If widely adopted, this model has the potential of re-organizing the state-citizen-market dynamic: from how citizens interact with the technology market to how new ways of producing and using technology might shape citizens' negotiation with the state.

This was also a set of explorations. It is a fairly new area in our research that will lead to more conversations with people who understand technology as an infrastructure and as material, as opposed to us- who often understand it as a practice, a space or an actor. Our goal is to bring content and infrastructure closer together, and make a stronger emphasis on inter-disciplinarity and multi-stakeholderism as a strategy to leverage change.

Footnotes:

[1] Refer to Marc Prensky's Digital Native, Digital Immigrant, for more on the limitations of digital immigrants in the education space; "It‟s very serious, because the single biggest problem facing education today is that our Digital Immigrant instructors, who speak an outdated language (that of the pre-digital age), are struggling to teach a population that speaks an entirely new language". Access it here: http://bit.ly/IMBu0j

The CIS book : Digital Alternatives with a Cause, is also an interesting and comprehensive read of what comprises a digital native or digital immigrant today: http://cis-india.org/digital-natives/blog/dnbook

[2] The World Bank makes reference to G.D. Wiebe's thinking on their blog: http://bit.ly/1jNZVZA. Also refer to: Baker, Michael (2012). The Marketing Book. Oxford: Butterworth-Heinemann. p. 696 and Lefebvre, R. Craig. Social Marketing and Social Change: Strategies and Tools to Improve Health, Well-Being and the Environment\year=2013. San Francisco: Jossey-Bass. p. 4. for examples of these interventions. Finally, the Wikipedia page on Social Marketing explains the role of G.D. Wiebe in the field: http://bit.ly/1lw4jPV

Sources:

Kotler, P., & Zaltman, G. (1971). Social marketing: an approach to planned social change. Journal of marketing, 35(3).

Shah, Nishant “Whose Change is it Anyways? Hivos Knowledge Program. April 30, 2013.

Wiebe, G.D. (1951-1952). "Merchandising Commodities and Citizenship on Television". Public Opinion Quarterly 15 (Winter): 679.

For more details visit https://cis-india.org/digital-natives/making-change/digital-storytelling-human-behavior-vs-technology

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

bhairav — 2014-02-25T05:38:27Z

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

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

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

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

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

An Introduction to Spectrum Sharing

beli — 2014-03-20T09:34:06Z

We will look at how current technology – mainly GSM, but also CDMA and touching upon LTE - shares spectrum, how they might share spectrum, the trade-off between spectral (in this case, 'trunking') and 'economic' efficiency in the traditional, purely intra-operator shared scenario, and how it might be overcome by inter-operator sharing.

The Current Scenario – Wi-Fi, GSM and CDMA: A Primer from the Perspective of Spectrum Coordination

Sharing spectrum is not a radically new idea: it's probably being shared in many places in your living room. Your family's phones could be communicating with your laptops using Bluetooth; your Wi-Fi router is sharing Wi-Fi spectrum with your next door neighbor's. There is no central brain that tells each device how to share spectrum, but each device pair (phone+laptop, for example) has some unique identifier (a code) that enables them to hear each other over the “noise” created by the other devices, as though they were speaking different languages. Each device can access the same frequencies at the same time and place, but does not know in advance which other devices are going to use them, and as long as there aren't too many such devices close to each other, the scheme works well.

From a technological standpoint, this is one of two kinds of spectrum coordination that's currently in wide use: the second is where each device is given a narrow sliver of frequency to itself for a specified period of time.[1] This is what happens with GSM cellphone technology: the service provider's tower allocates frequency — from the pool of frequencies available — to users on a per-call basis: this is called Frequency Division Multiple Access, or FDMA. GSM further divides access between different users in the same frequency channel in the time domain with bursts of data of the order of milliseconds, something called Time Division Multiple Access or TDMA; you'd be sharing your frequency channel with up to seven other people[2] and your content would be sent in sub-millisecond bursts approximately every five milliseconds.

Code Division Multiplexing, or CDMA, Is concept that assigns a user a 'code' for the duration of her call that effectively makes interference from other users, with other codes, appear as noise. The following picture illustrates FDMA, TDMA and CDMA:[3]

The preceding discussion would suffice for a single cell tower, alone in a desert. In the real world, there's more than one tower, so we'll have to create a system so that no two adjacent towers end up allocating the same frequency at the same time. The simplest way to do that, and the only one currently used, is splitting the available spectrum such that the range of frequencies available to a tower does not intersect with that available to any of its neighbors, ever – that way, a tower can only allocate from its own set of frequencies, but it need not concern itself with what its neighbors are doing. If adjacent towers were to share spectrum, then the preceding condition only needs to apply at that exact moment in time – at that precise instant a tower should be aware of the frequencies being used by all towers that are close enough to interfere with it, and pick a frequency outside that set, which it can use for the duration of a call.

Frequency Reuse

When there weren't so many cellphones crowding up the spectrum, it did not make economic sense to invest in the extra infrastructure required to make neighboring towers 'talk' to each other with low latency, so the solution we have now, even within the towers of a single service provider, is that any tower's neighbors do not intrude upon the spectrum assigned to that particular tower — what a neighbour is in this statement is qualified below. To start with, let's look at how towers could ideally be placed. We want to place towers on the ground in some regular pattern that makes them end up equidistant from each other: there are as many ways of doing that as there are of tiling a plane, which you can think of as tiling a bathroom with regular shapes (called 'regular polygons' by the pedantic).

Starting from the simplest, we can do it with tiles shaped like triangles, squares or hexagons, and a little thought will convince you that these are the only choices. Since a tower's signal would be 'strong enough' only up to some maximum radius, we'd ideally like to tile our plane with circles, but if we settle for the next best thing, the closest shape to a circle with which to tile the plane is a hexagon, in a honeycomb pattern; if you're looking at it from above, the towers would be placed as in the diagram below.[4]

This is just a part of a much larger honeycomb on the ground; the towers go in the center of the hexagons, where the numbers are; why the numbers are as they are will become clear in a couple of lines. Let's focus at tower 1 in the center of the diagram for our example. If the signals decay slow enough — so that the signals radiated from the nearest neighbors (towers surrounding 1, i.e. 2 through 7) and the next-nearest neighbors (towers two steps away from 1, with numbers from 2 through 7), interfere significantly with tower 1 in the center, but the next-to-next-nearest neighbors (three steps away from 1) do not, then the frequency reuse pattern can be like what we see in the diagram above, with towers denoted by the same number (and only the same number) using same exclusive set of frequencies. In this example, the closest towers with the same frequency as the central tower are the 1's in the hexagons at the edge – the frequency reuse factor is 3 (see footnote). In this diagram, the ordering of the numbers makes no difference – the situation would be the same if we exchanged the position of every, say, 1 and 3.

In reality the grid of towers of a particular operator covering a city is rarely hexagonal, due to local constraints, so what needs to be taken care of is not to use the frequencies that the nearest neighbors, next-nearest neighbors and so on are using depending upon the frequency reuse factor.[5] It's clear that without the towers being able to communicate in near-real time, with and FDMA/TDMA system like GSM, this is the optimal — and, in fact, the only — way to go.

Neighbouring towers sharing spectrum

Everything changes, though, if the towers can communicate and coordinate fast enough — in theory, at least, all the service provider's towers could pick spectrum from a common pool.[6] In fact, every service providers could put their spectrum into a common pool from which frequencies can be allocated to users as before. This would increase trunking efficiency and thereby the maximum number of users per tower dictated by quality of service limits (both terms are defined in the next section), making more efficient use of the spectrum.

The Current Trade-off between Trunking and 'Economic' Efficiency: The Principal Argument for (Inter-operator) Shared Spectrum

Imagine the following scenario:

We have 5 MHz of spectrum split it into five channels of one MHz each;
Five thousand people own cell phones and each is assigned a channel so that there are a thousand cellphone users per channel;
People call infrequently: calls are randomly distributed but on average, in each channel, five people attempt to make a call every minute and each call is ten seconds long.

In this way, a lot of people can use a few channels with a reasonable hope that their calls will be connected, a phenomenon called 'trunking'. Chances are high, however, that at least one person's going to make a call before the previous caller on her channel is done, and end up being blocked. The probability that a call will go through is factored into the Quality of Service (QoS) through the Erlang B Formula; roughly speaking, the less chance there is of a caller being blocked, the higher your QoS. It's essentially a question of queuing: the same logic can be applied to beds at a hospital. The number of hospital beds in a town would be much fewer than the number of people, but it works because everyone's not sick all the time; if people are sick more often, or for longer durations, the chances that someone won't get a bed would be higher:[7]

Suppose someone own an Airtel phone and Airtel's channels are all in use, but Vodaphone has a channel free at the time. Let's look at two alternatives:

a) she's not allowed to switch, and cannot make her call;
b) she's allowed to switch to the empty channel, and her call goes through.

Clearly, the second choice is better — and it has greater trunking efficiency.

In the current scenario, service providers get exclusive rights to chunks of spectrum. Naively, the more competitors (in this case, service providers like Airtel and Vodaphone) you have in a market, the better the competition. This, unfortunately, leads to a decrease in trunking efficiency — it's inversely proportional to the number of players in the market because every chunk of frequencies split between two service providers (every successive split) increases the chances for an event such as the one described above happening. The question that logically follows is: what is the optimal number of service providers for the Indian market? This is hard to find, and differs depending on who you ask — incumbents, for instance, may quote a smaller number, whereas prospective new entrants may quote a larger one. The number is controversial within policy-making circles as well, and is being debated as this article is being written. We note in passing that the number of competitors — and thus fragmentation of spectrum — is higher in the Indian market than most others.

If spectrum were shared, however, all this would be moot. This, therefore, is the primary argument towards spectrum sharing: better trunking efficiency as well as more competition — you can , in this instance, have it both ways.

CDMA and Spectrum Sharing

GSM is a simple example, where both the difficulty and the benefits of intra-operator spectrum sharing are readily apparent. Things get more difficult conceptually if we talk about newer technologies, so we'll have to get a little deeper into the technicalities. Code Division Multiple Access, or CDMA, allows phones to communicate using the same frequencies at the same time and place, but differentiated by codes — similar to WiFi but using different encoding schemes and technology. CDMA might look (from the analogy with Wifi) to require no central planning, but quality of service guarantees require that various phones in a 'cell' coordinate, and the coordinating agent happens to be that cell's tower. Two things need to happen: one, the code allocated to each phone needs to be sufficiently different,[8] at least with respect to other nearby phones, which means the tower has to allocate codes. Additionally, the distance involved between cellphone and tower (as against laptop and router) causes the near-far problem.[9]

For synchronous CDMA, the concept analogous to frequency reuse is code reuse — a tower needs to take into account the codes being used by its nearest neighbors, next-nearest neighbors and so on, which might be easier than coordinating timing in a TDMA system. For asynchronous CDMA (the most commonly used variant), even that is not required — the low cross-correlation pseudorandom codes that are used have so many possibilities that the likelihood of a collision would be small, though other users would appear as gaussian noise, so just like GSM, the number of users is limited by QoS limits. This makes intro-operator sharing of spectrum between adjacent towers easier and asynchronous CDMA ends up with a frequency reuse factor of 1, meaning that a tower can access the same set of frequencies as its (intra-operator) neighbor, hypothetically making it easier to use in a shared-spectrum system.

LTE

LTE uses Orthogonal Frequency Division Multiplexing, or OFDM, which can be – very roughly — thought of as combining ideas used in FDMA as well as CDMA, in that information is redundantly split between several frequencies ('subcarriers' in the literature) and each frequency can have more than one channel, using an orthogonal coding schemes like (synchronous) CDMA, where, as mentioned earlier, a mobile phone can distinguish its channel by its code. As it's an FDMA system, the benefits of frequency sharing for LTE can be inferred as above for GSM.

The Regulatory Perspective

The European Commission has this to say about shared spectrum:[10] “From a regulatory point of view, band sharing can be achieved in two ways: either by the Collective Use of Spectrum (CUS), allowing spectrum to be used by more than one user simultaneously without a license; or using Licensed Shared Access (LSA), under which users have individual rights to access a shared spectrum band”.

CUS is how unlicensed spectrum like Wi-Fi is currently used, which does not require a central 'brain' allocating spectrum to users. It requires no setup or organization before or during use. LSA is what shared spectrum would have to be like when used by service providers: it requires setup and organization but could offer better efficiency and quality of service because the central 'brain' — in this case the CPU at the cellphone tower — can figure out the most efficient way to allocate spectrum to users, just like a city's traffic lights coordinate the flow of traffic to prevent jams, and for that multiple towers — or multiple transmitters on a single tower — would have to coordinate somehow. In other words, you don't require approval before setting up your Wi-Fi router in your living room, but (depending upon the router, how many neighbors have routers, how close they are, and how far you are from your router) your connection might get dropped; this kind of thing is okay because there usually aren't that many people with routers living that close to each other, though that's fast changing. The 2.4 GHz Wi-Fi band is further crowded in by other microwave radio technologies, like Bluetooth and microwave ovens. Cellphones are a different thing altogether, because you wouldn't want your cellphone to stop working in the middle of a crowded bus if you're late en route to meeting someone at a coffee shop, or if you're being mugged and need to call the police. Therefore it is the service providers' and regulatory agencies' responsibility to provide a high (minimum) quality of service. This classification is symbolized by the following diagram:[11]

CUS falls on the left, being contention-based – that is, different user devices (eg, laptops) could contend with each other for the attention of the base station (eg, Wi-Fi router — random access, CSMA), whereas LSA is conflict-free (which would be the case if the router decides, period). The potential for conflict exists in CUS, there being multiple devices asking for spectrum, whereas for LSA, a central authority decides which device to allocate spectrum to at any particular point in space and time. CUS isn't total chaos, however: it would now be appropriate — taking a leaf from ex-FCC chief technology officer Jon M. Peha – to introduce the concepts of coexistence and etiquette.

In our Wi-Fi example, the Wi-Fi routers merely coexist, and the technological standard allows them to try and use the codes/spectral bands that are in their best interests, to best communicate with their client devices (though actual Wi-Fi routers also follow some sort of etiquette with other routers). One could additionally introduce some sort of etiquette into the equation by requiring that one router should, for example, “wait in the cue” for another — and vice versa — as and when required, as well as other requirements for cooperation depending upon the technology used. This minimal cooperation would be enough for them to, in Mr Peha's words, “greatly improve efficiency if and only if designed appropriately for the applications in the band” - depending upon the technology used, being too 'polite' could cause longer wait times that decrease efficiency. The situation is complicated by the existence of multiple technologies at the same spot – for example, your Bluetooth receiver, two-way radio and Wifi router working in the same room. If there is potential for interference, common communication protocols could be implemented to enable all those devices to 'talk' to each other and effectively follow some form of wireless etiquette so that they can cooperate and not get in each others way. This is all the more important as Wi-Fi will become an essential part of the cellphone communication network for 4G.

To conclude, there are many ways shared spectrum technology could hypothetically work, and in practice the core technologies that are used would dictate the details of the spectrum sharing solution. Spectrum sharing would reduce the regulatory conundrum that is spectrum allocation, and make more efficient use of spectrum — most obviously through trunking efficiency, though there may be other technological benefits depending upon the core technology used. For maximum efficiency and robustness, there would have to be some kind of rules followed, so that devices apply for spectrum like people in a cafeteria queue as opposed to the scrum you might find trying to get into an Indian bus; the etiquette we were talking about earlier should be baked into the design of the communication infrastructure. Some services (like voice calling) by their nature, need a guaranteed high QoS — need to be conflict-free — and therefore need Licensed Shared Access. Others need a minimum of regulation — but with the movement of what used to be CUS-appropriate devices (In many plans for 4G LTE-Advanced, specifically Wi-Fi) towards LSA-appropriate applications, a careful optimization needs to be done in deciding where to draw the line.

The Big Question: Infrastructure Sharing

We've gone through a thought experiment on intra- and inter-operator sharing of spectrum for the particular case of mobile towers in adjacent cells, and come to the general conclusion that the solution is in principle a question of fast and efficient coordination between the geographically separated towers, toward which there are two driving forces at present: the demand for more efficient use of spectrum by a growing body of users with growing data needs, and the supply of low latency, cheaper and higher bandwidth communication options using fiber-optic cables.

There are essentially two parts to the big question we're going to ask: one, what happens when there are multiple operators serving the same geographical area, and two, is it necessary to have multiple towers standing right next to each other for multiple operators?

To answer the first question, one could have a 'roaming' agreement between multiple operators at the same spot: if all the channels of one operator are busy, the user just has to switch to a channel of an operator which isn't. For the second, a single tower (the physical tower structure as well as the transmitting equipment on it) could serve any operator, who could rent it's usage on a per-call basis. That, in fact, already seems to be the case: Airtel and Vodaphone, for instance, each own a 42% share in India's largest tower corporation Indus Towers, the remaining 16% belonging to Idea Cellular.

To answer the first question, one could have a 'roaming' agreement between multiple operators at the same spot: if all the channels of one operator are busy, the user just has to switch to a channel of an operator which isn't.

For the second, a single tower (the physical tower structure as well as the transmitting equipment on it) could serve any operator, who could rent it's usage on a per-call basis. That, in fact, already seems to be the case: Airtel and Vodaphone, for instance, each own a 42% share in India's largest tower corporation Indus Towers, the remaining 16% belonging to Idea Cellular.

Infrastructure sharing will be explored further in a forthcoming post.

Coarse-grained Spectrum Sharing

For completeness, we should point out that there are more course-grained (simpler but less efficient) means of sharing in time as well as geography: the appropriate thought experiment is to imagine a radio station at the base of a hill that only has two shows, one for breakfast and one for dinner. Using its radio spectrum on the other side of that hill, or beyond the area it serves, would be fine at anytime; using it's spectrum in between the morning and evening shows would be fine anywhere.

Caveats

It must be emphasized at this point that the above is a purely hypothetical scenario, and not a prescription. Getting this to work would involve technical hurdles that a brief overview such as the one above could not bring up, that could only be discovered in the process of bringing the technology to market. Each technological solution – GSM, CDMA and LTE – would present its own difficulties, which may become apparent only when the product is shipped, so to speak. Fine technical judgments would need to be made: an example of the difficulty involved could be gauged from the early debates comparing the first CDMA standard (IS-95) with GSM at the time.

The economic model to use for shared spectrum and shared infrastructure is also something under intense discussion right now, and a number of scholarly papers have already been written up.

[1]. This is what you'd get in your first few Google search results when you look for “shared spectrum”, because the former has become so widely accepted that it's now part of the linguistic background.

[2]. Explained on http://www.radioraiders.com/gsm-frequency.html, referring to 3GPP spec http://www.3gpp.org/ftp/Specs/latest/Rel-7/45_series/45005-7d0.zip

[3]. From http://www.umtsworld.com/technology/cdmabasics.htm

[4]. From Mike Buehrer, William Tranter-Code Division Multiple Access (CDMA)-Morgan & Claypool Publishers (2006).

[5]. There are multiple definitions; the simplest one is “how many steps (in cells) that you have to walk from the tower before you can reuse the frequency”, which will suffice for us.

[6]. Of course, it's going to be messier in practices.

[7]. From http://www.vumc.com/branch/PICA/Software/

[8]. Orthogonal for synchronous CDMA, or 'sufficiently' orthogonal for asynchronous CDMA

[9]. Remember that the receiver on the tower has to demux (split) the signals received from many cellphones, and while a Wifi router would perhaps service multiple laptops in the same building, a CDMA tower has to work for a couple of hundred phones at varying distances – some a building-length away and some, many kilometers away. Every receiver has its own maximum signal to noise ratio, where the strength of the signal received has to be more that a certain fraction (which can be quite small, for a good receiver) of the strength of the electromagnetic (radio) noise it receives from other sources; cellphone towers have to deal with much larger signal to noise ratios than Wifi routers. For an FDMA or TDMA system, different users' data arrives at different frequency or time-slots, so as long as those slots are properly differentiated, one user's signal won't be another user's noise. For the commonly used asynchronous CDMA system, however, this is not the case, so at a receiver on a tower, the signal transmitted by a distant cellphone could be swamped by that from a much closer phone. The way this is dealt with is to have phones closer to the tower decrease their transmission power. So even in CDMA, the tower is still telling the phone what to change, only in this case it's the transmission power as opposed to the exact frequency and time.

[10]. http://ec.europa.eu/digital-agenda/en/promoting-shared-use-europes-radio-spectrum

[11]. From Mike Buehrer, William Tranter-Code Division Multiple Access (CDMA)-Morgan & Claypool Publishers (2006)

For more details visit https://cis-india.org/telecom/blog/an-introduction-to-spectrum-sharing

Can Judges Order ISPs to Block Websites for Copyright Infringement? (Part 3)

ananth — 2014-02-14T05:13:36Z

In a three-part study, Ananth Padmanabhan examines the "John Doe" orders that courts have passed against ISPs, which entertainment companies have used to block dozens, if not hundreds, of websites. In this, the third and concluding part, he looks at the Indian law in the Copyright Act and the Information Technology Act, and concludes that both those laws restrain courts and private companies from ordering an ISP to block a website for copyright infringement.

In the third part of his study, Ananth Padmanabhan looks into the fair use provisions recently introduced in respect of mere conduit intermediaries by the Copyright (Amendment) Act, 2012, and concludes that there is no scope for any general, or specific, access blocking orders at the behest of the plaintiff in a civil suit, in India. He also argues that the Information Technology Act, 2000 read with the Information Technology (Intermediaries Guidelines) Rules, 2011 do not in any manner permit the Government to override the provisions of the Copyright Act, 1957 (as amended) while facilitating the denial of access to websites on grounds of copyright infringement, because the Copyright Act, 1957, is a complete code by itself.

Fair Use Provisions Introduced by the Copyright (Amendment) Act, 2012

In 2010, the controversial Copyright (Amendment) Bill came up for deliberation before the Parliamentary Standing Committee on Human Resource Development headed by Mr. Oscar Fernandes. While a major part of the discussion on this amendment revolved around the altered royalty structure and rights allocation between music composers and lyricists on the one hand and film producers on the other, it can be safely stated that this is the most significant amendment to the Copyright Act, 1957 for more than this one reason. The amendment seeks to reform the Copyright Board, bring in a scheme of statutory licenses, expand the scope of performers’ rights and introduce anti-circumvention measures to check copyright piracy. As part of its ambitious objective, the amendment also attempts a new fair use model to protect intermediaries and file-sharing websites.

The Copyright (Amendment) Act, 2012, which gives expression to this fair use model through Sections 52(1)(b) and (c), reads thus:

52. Certain acts not to be infringement of copyright. - (1) The following acts shall not constitute an infringement of copyright, namely:

(a) to (ad) - *****

(b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public;

(c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy:

Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitating access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access;

From a plain reading, it is clear that two important exceptions are carved out: one, in respect of the technical process of electronic transmission and the other, in respect of providing electronic links, access or integration. The material distinction between these exceptions is the presence of a take-down proviso in respect of the latter kind of activity, ie. when providing electronic links, access or integration. This window of opportunity is not provided to the copyright owner when the third party is an ISP involved in the pure technical process of electronic transmission of data.

In R.K. Productions, the court was not informed of the introduction of these provisions vide the Copyright (Amendment) Act, 2012, despite the hearing happening on a date subsequent to the amendment coming into force. This probably influenced the outcome as well, since the court held that ISPs were liable to block access to infringing content, once the specific webpage was brought to the notice of the concerned ISP. Newly introduced Section 52(1)(b) however makes it abundantly clear that ISPs cannot, in any manner, be held liable when they are acting as mere conduit pipes for the transmission of information. This legal position is also materially different from jurisdictions such as the United Kingdom where, the ISPs though not liable for copyright infringement, are statutorily mandated to lend all possible assistance such as take-down or blocking of access upon notice of infringement being furnished to them. This dichotomy between liability for infringement on the one hand and a general duty to assist in the prevention of infringement on the other is explained clearly by the Chancery Division in Twentieth Century Fox Film Corporation v. British Telecommunications Plc.[1]

In Newzbin2, the Chancery Division took note of the safe harbour provisions created by the E-Commerce Directive,[2] particularly Articles 12 to 14 that dealt with acting as a “mere conduit”, caching and hosting respectively. The interesting feature with the “mere conduit” exception, which in all other respects is akin to the exception contained in Section 52(1)(b) of the Copyright Act, 1957, is the additional presence of Article 12(3). This provision clarifies that the “mere conduit” exception shall not stand in the way of a court or administrative authority requiring the service provider to terminate or prevent an infringement. Article 18 of this Directive also casts an obligation upon Member States to ensure that court actions available under national law permit the rapid adoption of measures, including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved. Similarly, the court looked into the Information Society Directive,[3]

Article 8(3) of which provides that “Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.” This Directive was transposed into the domestic law in UK by the Copyright and Related Rights Regulations 2003, SI 2003/2498, resulting in the insertion of Section 97A in the Copyright, Designs and Patents Act 1988. This provision empowers the court to grant an injunction against a service provider who has actual knowledge of another person using their service to infringe copyright, such as where the service provider is given sufficient notice of the infringement. Finally, the Chancery Division also took note of the Enforcement Directive,[4]

Article 11 of which provided that Member States shall ensure that copyright owners are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right. This entire legislative scheme compelled the court in Newzbin2 to conclude that an order of injunction could be granted against ISPs who are “mere conduits”, restraining them from providing access to websites that indulged in mass copyright infringement. The court reasoned that the language used in Section 97A did not require knowledge of any particular infringement but only a more general kind of knowledge about certain persons using the ISPs’ services to infringe copyright. Thus, it is seen that in the United Kingdom, though a “mere conduit” activity is not infringement at all, the concerned ISP can be directed by the court to block access to a website that hosts infringing content on the basis of the above legislative scheme. The enquiry should therefore be directed towards whether India has a similar scheme for copyright enforcement.

The Information Technology Act – An Inapplicable Scheme for Website Blocking

The Information Technology Act, 2000[5]read with certain recently framed guidelines provides for a duty that could be thrust upon even “mere conduit” ISPs to disable access to copyrighted works. This is due to the presence of Section 79(2)(c) of this Act, which makes it clear that an intermediary shall be exempt from liability only where the intermediary observes due diligence as well as complies with the other guidelines framed by the Central Government in this behalf. Moreover, Section 79(3) provides that the intermediary shall not be entitled to the benefit of the exemption in Section 79(1) in a situation where the intermediary, upon receiving actual knowledge that any information, data, or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit an unlawful act, fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner. In pursuance of Section 79(2)(c), the Central Government has also framed the Information Technology (Intermediaries Guidelines) Rules, 2011, which came into effect on 11.04.2011. Rule 4 of these Rules, when read along with Rule 2(d), casts obligation on an intermediary on whose computer system, copyright infringing content has been stored, hosted or published, to disable such information within thirty six hours from when it is brought to actual knowledge of the existence of such content by any affected person.

One way of understanding and interpreting in harmonious fashion, the provisions of the IT Act and the Rules therein and the recent amendments to the Copyright Act, is to contend that the issue of infringement of copyright by “mere conduit” ISPs is governed by Section 52(1)(b), which completely absolves them of any liability, while that of enforcement of copyright through the medium of such ISPs is governed by the IT Act. This bifurcation suffers from the difficulty that Section 79 of the IT Act is not an enforcement provision. It is a provision meant to exempt intermediaries from certain kinds of liability, in the same way as Section 52 of the Copyright Act. This provision, read with Section 81, makes it clear that the IT Act does not speak to liability for copyright infringement. From this, it has to necessarily follow that all issues pertaining to liability for such infringement have to be decided by the provisions of the Copyright Act. Therefore, the scheme in the IT Act read with the Intermediaries Guidelines Rules cannot confer additional liability for copyright infringement on ISPs where the Copyright Act exempts them from liability. More to the point, the intermediary cannot be liable for copyright infringement in the event of non-compliance with Section 79(3) or Rule 4 of the Intermediaries Guidelines Rules read with Section 79(1)(c) of the IT Act. Rule 4 of the Intermediaries Guidelines Rules, 2011, to the extent that it renders intermediaries outside the protective ambit of Section 79(1) upon failure to disable access to copyrighted content, is of no relevance as “mere conduits” have already been exempted from liability under Section 52(1)(b). Moreover, since these provisions in the IT Act do not deal with enforcement measures such as injunction orders from the court to disable access to infringing content in particular or infringing websites in general, it would be wrong to contend that the scheme in India is similar to the one in the United Kingdom where the issue of infringement has been divorced from that of enforcement.

To conclude, Section 52(1)(b) is a blanket “mere conduit” exemption from liability for copyright infringement that stands uninfluenced by the presence of Section 79 of the IT Act or the Intermediaries Guidelines Rules. In the absence of a legislative scheme for enforcement in India akin to Section 97A of the UK Copyright, Designs and Patents Act 1988, Indian Courts cannot grant an injunction directing such “mere conduit” ISPs to block access to websites in general or infringing content in particular and any such action is not even maintainable in law post the insertion of Section 52(1)(b). The decision to the contrary in the R.K.Productions case is incorrect.

[1]. [2011] EWHC 1981 (Ch.). Hereinafter referred to as Newzbin2.

[2]. European Parliament and Council Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (8 June 2000). This Directive was transposed into the domestic law in UK by the Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013.

[3]. European Parliament and Council Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (22 May 2001).

[4]. European Parliament and Council Directive 2004/48/EC on the enforcement of intellectual property rights (29 April 2004). This Directive was transposed into the UK domestic law primarily by the Intellectual Property (Enforcement, etc.) Regulations 2006, SI 2006/1028.

[5]. Hereinafter referred to as the IT Act.

For more details visit https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-3

Can Judges Order ISPs to Block Websites for Copyright Infringement? (Part 2)

ananth — 2014-03-06T16:48:18Z

In a three-part study, Ananth Padmanabhan examines the "John Doe" orders that courts have passed against ISPs, which entertainment companies have used to block dozens, if not hundreds, of websites. In this, the second part, he looks at the law laid down by the U.S. Supreme Court and the Delhi High Court on secondary and contributory copyright infringement, and finds that those wouldn't allow Indian courts to grant "John Doe" orders against ISPs.

In the second part of his study, Ananth Padmanabhan proceeds to examine applying a general theory of secondary or contributory copyright infringement against ISPs. He traces the basis for holding a third party liable as a contributory by closely examining the decisions of the U.S. Supreme Court in Sony Corp. v Universal City Studios[1] and MGM Studios, Inc. v Grokster, Ltd.[2] and concludes that this basis does not hold good in the case of a mere conduit intermediary such as an ISP.

[1]. 464 U.S. 417 (1984). Hereinafter referred to as Betamax.

[2]. 545 U.S. 913 (2005). Hereinafter referred to as Grokster.

Primary and Secondary Infringement

Liability for copyright infringement can either be primary or secondary in character. In the case of ISPs, liability as primary infringers does not arise at all, and it is in their capacity as conduit pipes facilitating the transmission of information that they could be held secondarily liable. Even in such cases, the contention of copyright owners is that once the ISP is notified of infringing content, it has the primary responsibility of preventing access to such content. This contention is essentially rooted in a theory of secondary infringement based on knowledge and awareness, and the means to prevent further infringement.

The controversy around a suitable model of secondary infringement is reflected in two judicial pronouncements – separated by a gap of more than two decades – delivered by the U.S. Supreme Court. In Sony Corp. v Universal City Studios,[3] the US Supreme Court held that the manufacturers of home video recording devices known in the market as Betamax would not be liable to copyright owners for secondary infringement since the technology was capable of substantially non-infringing and legitimate purposes. The U.S. Supreme Court even observed that these time-shifting devices would actually enhance television viewership and hence find favour with majority of the copyright holders too. The majority did concede that in an appropriate situation, liability for secondary infringement of copyright could well arise. In the words of the Court, “vicarious liability is imposed in virtually all areas of the law, and the concept of contributory infringement is merely a species of the broader problem of identifying the circumstances in which it is just to hold one individual accountable for the actions of another”. However, if vicarious liability had to be imposed on the manufactures of the time-shifting devices, it had to rest on the fact that they sold equipment with constructive knowledge of the fact that their customers may use that equipment to make unauthorized copies of copyrighted material. In the view of the Court, there was no precedent in the law of copyright for the imposition of vicarious liability merely on the showing of such fact.

Notes of dissent were struck by Justice Blackmun, who wrote an opinion on behalf of himself and three other judges. The learned Judge noted that there was no private use exemption in favour of making of copies of a copyrighted work and hence, unauthorised time-shifting would amount to copyright infringement. He also concluded that there was no fair use in such activity that would exempt it from the purview of infringement. The dissent held the manufacturer liable as a contributory infringer and reasoned that the test for contributory infringement would only be whether the contributory infringer had reason to know or believe that infringement would take place and not whether he actually knew of the same. Off-the-air recording was not only a foreseeable use for the Betamax, but also its intended use, for which Sony would be liable for copyright infringement.

This dissent has considerably influenced the seemingly contrarian position taken by the majority in the subsequent decision, MGM Studios, Inc. v Grokster, Ltd.[4] This case called into question the liability of websites that facilitated peer-to-peer (P2P) file-sharing. Re-formulating the test for copyright infringement, the US Supreme Court held that ‘one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties’. In re-drawing the boundaries of contributory infringement, the Court observed that contributory infringement is committed by any person who intentionally induces or encourages direct infringement, and vicarious infringement is committed by those who profit from direct infringement while declining to exercise their right to limit or stop it. When an article of commerce was good for nothing else but infringement, there was no legitimate public interest in its unlicensed availability and there would be no injustice in presuming or imputing intent to infringe in such cases. This doctrine would at the same time absolve the equivocal conduct of selling an item with substantial lawful as well as unlawful uses and would limit the liability to instances of more acute fault than the mere understanding that some of the products shall be misused, thus ensuring that innovation and commerce are not unreasonably hindered.

The Court distinguished the case at hand from Betamax, and noted that there was evidence here of active steps taken by the respondents to encourage direct copyright infringement, such as advertising an infringing use or instructing how to engage in an infringing use. This evidence revealed an affirmative intent that the product be used to infringe, and an active encouragement of infringement. Without reversing the decision in Betamax, but holding that it was misinterpreted by the lower court, the Court observed that Betamax was not an authority for the proposition that whenever a product was capable of substantial lawful use, the producer could never be held liable as a contributory for the use of such product for infringing activity by third parties. In the view of the Court, Betamax did not displace other theories of secondary liability. This other theory of secondary liability applicable to the case at hand was held to be the inducement rule, as per which any person who distributed a device with the object of promoting its use to infringe copyright, as evidenced by clear expression or other affirmative steps taken to foster infringement, would be liable for the resulting acts of infringement by third parties. However, the Court clarified that mere knowledge of infringing potential or of actual infringing uses would not be enough under this rule to subject a distributor to liability. Similarly, ordinary acts incident to product distribution, such as offering customers technical support or product updates, support liability etc. would not by themselves attract the operation of this rule. The inducement rule, instead, premised liability on purposeful, culpable expression and conduct, and thus did nothing to compromise legitimate commerce or discourage innovation having a lawful promise.

These seemingly divergent views on secondary infringement expressed by the U.S. Supreme Court are of significant relevance for India, due to the peculiar language used in the Indian Copyright Act, 1957.[4]

Section 51 of the Act, which defines infringement, bifurcates the two types of infringement – ie. primary and secondary infringement – without indicating so in as many words. While Section 51(a)(i) speaks to primary infringers, 51(a)(ii) and 51(b) renders certain conduct to be secondary infringement. Even here, there is an important distinction between 51(a)(ii) and 51(b). The former exempts the alleged infringer from liability if he could establish that he was not aware and had no reasonable ground for believing that the communication to the public, facilitated through the use of his “place”, would amount to copyright infringement. The latter on the other hand permits no such exception. Thus, any person, who makes for sale or hire, or by way of trade displays or offers for sale or hire, or distributes for the purpose of trade, or publicly exhibits by way of trade, or imports into India, any infringing copies of a work, shall be liable for infringement, without any specific mens rea required to attract such liability. It is in the context of the former provision, ie. 51(a)(ii) that the liability of certain file-sharing websites for copyright infringement has arisen.[5]

Mere Conduit ISPs – Secondary Infringement Absent

In MySpace, the Delhi High Court examined the liability for secondary infringement on the part of a website that provides a platform for file-sharing. While holding the website liable, the Single Judge considered material certain facts such as the revenue model of the defendant, which depended largely on advertisements displayed on the webpages, and automatically generated advertisements that would come up for a few seconds before the infringing video clips started playing. Shockingly, the Court even considered relevant the fact that the defendant did provide for safeguards such as hash block filters, take down stay down functionality, and rights management tools operational through fingerprinting technology, to prevent or curb infringing activities being carried on in their website. This, in the view of the Court, made it evident that the defendant had a reasonable apprehension or belief that the acts which were being carried on in the website could infringe someone else’s copyright including that of the plaintiff. The logic employed by the Court to attribute liability for secondary infringement on file-sharing websites is befuddling and reveals complete disregard for the degree of regulatory authority available on the internet even where the space, i.e., the website, is supposedly “under the control” of a person. However, a critical examination of this decision is not relevant in understanding the liability of mere conduit ISPs. This is for the reason that none of the factual considerations relied on by the Single Judge to justify imposition of liability on a file-sharing website under Section 51(a)(ii) arise when the defendant is an ISP that only provides the path for content-neutral transmission of data.

This was completely ignored by the Madras High Court in R.K.Productions v. B.S.N.L.,[6] where the producers of the Tamil film “3”, which enjoyed considerable pre-release buzz due to its song “Kolaveri Di”, sought an omnibus order of injunction against all websites that host torrents or links facilitating access to, or download of, this film. Though this was worded as a John Doe plaint by branding the infringers as unknown administrators of different torrent sites and so on, the real idea was to look to the resources and wherewithal of the known defendants, ie. the ISPs, to block access to the content hosted by the unknown defendants.

This prompted the ISPs to file applications under Or. VII, Rule 11 of the Civil Procedure Code, seeking rejection of the plaint on the ground that the suit against them was barred by law. The Single Judge of the Madras High Court dismissed these applications for rejection of the plaint, after accepting the contention that the ISPs are necessary parties to the suit as the act of piracy occurs through the channel or network provided by them. The High Court heavily, and incorrectly, relied on MySpace without appreciating the distinction between a mere conduit ISP and a file-sharing website such as MySpace or YouTube, as regards their respective roles and responsibilities, the differing degrees of regulatory control over content enjoyed by them, and most importantly, the recognition and formalisation of these distinctions in the Copyright Act, 1957, vide the Copyright (Amendment) Act, 2012.

[3]. 464 U.S. 417 (1984). Hereinafter referred to as Betamax.

[4]. 545 U.S. 913 (2005). Hereinafter referred to as Grokster.

[5]. Hereinafter the Act.

[6]. Super Cassette Industries Ltd. v MySpace Inc., MIPR 2011 (2) 303 (hereinafter referred to as MySpace). This decision of the Delhi High Court has been rightly criticised. See http://cis-india.org/a2k/blog/super-cassettes-v-my-space (last accessed on 24.03.2013).

For more details visit https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-2

The Right of Persons with Disabilities Bill 2013 and the Lack of Access to Accessibility Rights

salelkar — 2014-02-03T02:21:45Z

The Rights of Persons with Disabilities Bill, 2013 (The RPD Bill) went through three avatars since its commissioning in 2009 under the Sudha Kaul Committee. This blog post brings you a summary of the three stages since it was initially commissioned.

The first was the one the Committee proposed in 2011, after consultations with persons with disabilities and Disabled People's Organizations across the country; the second was notified by the Ministry of Social Justice and Empowerment in 2012, which was in parts opposed to by several stakeholders; and the third, the RPD BIll of 2013, has actually brought the entire disability lobby, as it were, together, in being entirely appalled at the turn of events. The Bill, which is being furiously evaluated in the short time available between its being made available to the public and its impending introduction (and possible passing in the House), is full of flaws. Not only does it not adhere to the standards of the UNCRPD, but it also violates the spirit of the Indian Constitution, as well as contradicting existing case law, and most importantly it betrays the consensus and recommendations of persons with disabilities who were initially part of these recommendations.

Doubtlessly, while access to government establishments and entities like courts, collectorates, municipal offices, is important for persons with disabilities, there are other establishments which are equally important for persons with disabilities, for purposes of recreation, access to culture, and private services. I've made the point elsewhere that the law proposed is less of an empowering statute and more on the lines of the charity model – and in line with that, the indication is that persons with disabilities will only ever have to come in contact with the government and other entities, so they can enforce rights, take grants, petition government servants, etc. But if the statute itself is rights based, why so much focus on access to forums for rights enforcement, and not on others beyond this?

While they did have their flaws, the 2011 and 2012 versions of the Bill, which had rather comprehensive provisions with regard to ensuring accessibility. To start with, the right of persons with disabilities, on an equal basis with others to the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas, was recognized. The RPD Bill recognizes the obligation of the government to provide accessibility measures, but by now wording it in terms of a right, it does not do complete justice. The 2011 and 2012 drafts were replete with separate sections on the right to transport, personal mobility, communications, services, the built environment, etc. On the other hand, the RPD Bill clumsily lops all of these into a few sections, with repeated emphasis on infrastructure and services run by "establishments", which is, in effect, the government. There is no mention of website accessibility, though a cursory mention is made to the appropriate government ensuring that all contents available in audio, print and electronic media are in accessible format; and that persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning. Again, the ambiguity as to whether this extends to websites which are not run by the government, is not clear.

There is another aspect to accessibility which is lost under the Act by its failure to recognize it as a right. A senior person in the sector, who is blind, told me of an instance where he was barred from entering a bar with some friends. "You won't be able to tell what the bill is or how many drinks you've had", said the manager. He was therefore, being discriminated against entering a place, solely on the grounds of his disability. Persons who have been cured of leprosy are denied access to transport and other public facilities on the basis of outdated statutes. Persons who use crutches and calllipers are denied entry to religious places. The understanding of the Bill on accessibility is extremely limited, and limited to the built environment of government establishments, and this does nothing to extend the rights of persons with disabilities. Groups which are forwarding non negotiables for amendments to the Bill do not consider, at present, the right to accessibility to be a non negotiable. I do wonder, however, whether any of the other rights make sense when express and implied bars to access exist and are effectively encouraged, under this proposed law.

For more details visit https://cis-india.org/accessibility/blog/rights-of-persons-with-disabilities-bill-2013-and-lack-of-access-to-accessibility-rights

CIS-A2K: Work Accomplished on Konkani Wikipedia

nitika — 2013-12-31T11:48:02Z

The Centre for Internet and Society’s Access to Knowledge (CIS-A2K team) is pleased to share with you the key accomplishments about the work it accomplished on Konkani Wikipedia from September to December 2013 in this report. In accordance with the Centre for Internet and Society’s Access to Knowledge Program’s (CIS-A2K) Konkani Work Plan 2013-14 the program has invested time and effort to build Konkani Wikimedia community and projects.

Highlights

Increased editing activity on Konkani Wikipedia

CIS-A2K has been organising different programs and workshops. The idea is to bring in as many volunteers as possible who can contribute to Konkani Wikipedia for years to come. We have organised these outreach sessions mainly in Devanagari, Romi and Kannada scripts. As a result of these programs we have been able to significantly increase no. of editors, consistently have minimum of 5-6 active editors per month and build a community of volunteers. You can also view level of editing activity on Konkani Wikipedia for the past few months in the chart below:


Above: Edits Per Month on Konkani Wikipedia (Mar-13 to Dec-13) (by Nitika Tandon, CC-BY-SA 3.0)

Increased number of articles on Konkani Wikipedia

Total number of articles increased from 150 in Sep 2013 to 315 in Nov 2013. The number of articles have doubled over a period of 3 months. We should keep in mind that out of those who edited in Devanagari; 95% of them were completely new to the input method and had to spend considerable time learning and practicing it.


Above: No. of articles on Konkani Wikipedia (by Nitika Tandon, CC-BY-SA 3.0)

Translated Media Wiki messages

CIS-A2K organised translation sprint to help translate Media Wiki interface messages. We achieved translating 79% of these messages in Konkani Devanagari while all 100% messages have already been translated in Romi script

Re-release of Konkani Vishwaksh under Creative Commons License

Upon CIS-A2K‘s explicit request, Goa University has approved the re-release of Vishwakosh under Creative Commons License (CC-BY-SA 3.0) to make it freely available to public, giving them the right to share, use and even build upon the work that has already been done. This is a huge step to help preserve Konkani language and culture in the digital era. Konkani Vishwakosh is a four-volume hard copy encyclopedia (3632 pages) published by Goa University; a work that took over 14 years to develop. It encompasses the world’s information in a nutshell with special emphasis and detailed information on Goa, Konkani, Goan culture, folklore, history, geography etc. To know more about click here and here

Initiated & Completed 30% of Konkani Vishwakosh Digitization Project

Goa University in collaboration with the CIS-A2K is digitizing Konkani Vishwakosh. 37 participants are enrolled in this project who are working to digitize the encyclopedia in a time bound manner. All 3632 pages of Konkani Vishwakosh will be digitized. The program started on 19th October and in just about 2 months 30% of the encyclopedia had already been digitized. You can monitor the progress of this project on Wikisource. Here are the links for Volume 1, Volume 2, Volume 3 and Volume 4. Please note that some of the participants firstly digitize the encylopedia either in their Sandbox or offline and then move it to Wikisource. To know more about the project click here.

Signed an MoU with Goa University

Goa University entered into a three year MoU with CIS for building Konkani Wikipedia. As part of this partnership, Goa University and CIS-A2K will work together to help build Konkani Wikipedia and community.

White paper by a Linguist

Fr. Pratap Naik, S.J. B.Sc., B.Ed. M.A. (Linguistics), M.Phil. (Linguistics), Ph.D. (Linguistics) has written a white paper discussing issues faced by Konkani language and his views on how it should be dealt on Wikimedia projects. We'll soon upload the white paper on Wikimedia Commons and make the link available.

14 Outreach session, over 450 participants, in 3 months

CIS-A2K organised about 14 outreach sessions and reached out to over 450 people to create awareness about Konkani Wikipedia and the community between Sep-Dec 2013. Details of these sessions can be found here.

Got consensus from field experts

Over the past few months CIS-A2K has spoken with Konkani Wikipedians (such as Frederick Noronha, Deepak D'Souza, Seby Fernandes) Konkani linguists (such as Fr. Pratap), professors from Konkani Department at Goa University (Dr. Madhavi Sardesai and Dr. Priyadarshini Tadkodkar), cultural experts (such as Prof. Alito Siqueira and Harriet Vidyasagar) and other experts to propose a solution for Konkani Wikipedia that faces a problem of usage of multiple scripts. To a great extent we have got consensus from different field experts that we should strive to create separate Wikis for each script, at least those which prove to be active.

Wikipedians Speak

One of the ongoing projects of CIS-A2K is 'Wikipedians Speak' which are small videos of Wikipedians that captures their expereinces, learnings and challenges. As a part of this project CIS-A2K published several videos of Konkani Wikipedians.

Link to the post published on Wikipedia

For more details visit https://cis-india.org/openness/blog-old/work-accomplished-konkani-wikipedia

CIS-A2K Narrative Report (September 2012 – June 2013)

Vishnu Vardhan, Nitika Tandon and Subhashish Panigrahi — 2013-11-30T11:18:56Z

This narrative report captures the work done by the Access to Knowledge (CIS-A2K) team in the first ten months of the grant. The report also throws some light on the CIS-A2K program strategy in the next one year.

This narrative report was originally published on the Wikipedia page. Access it here.

Background to the Access to Knowledge Programme

The Wikimedia Foundation approved a grant to support the growth of Indian language Wikimedia communities to the Centre for Internet & Society (CIS) to expand their Access to Knowledge program (A2K) in India. The grant enabled CIS to work with the Wikimedia community of volunteers in India to expand upon Wikimedia’s Indic language free knowledge projects, including Wikipedia in Indic languages. Further, the grant aims to generate improvements in India-relevant free knowledge in Wikimedia’s English projects and wider distribution of Wikimedia’s free knowledge within India.

Section A: Introduction

Objective of the Narrative Report

This narrative report captures the work done by the A2K program during the period of September 2012 to June 2013. It examines projects and activities and its impact and outcomes over a period of the initial Ten months of the Grant. This report will also inform CIS-A2K program’s strategy for the next one year to achieve the goals set out by its donor, Wikimedia Foundation, and goals listed in our Work Plans (which were developed in consultation with the Wikimedia community in India). Importantly, this Narrative Report is critical for the Wikimedia community in India, Global Wikimedia community and the Wikimedia Foundation to get a comprehensive overview of A2K’s work and to critically assess the A2K program’s eligibility for further support.

Context

Though the mandate of the CIS-A2K program was clearly articulated before the commencement of the program, it should be noted, that the context in which the program had to undertake its work was very disturbed. Majority of the Wikimedia community in India saw CIS-A2K as an extension of the India Program as the entire team of the India Program moved into the CIS’s A2K program, except for the Director. Thus the CIS-A2K program inherited the not so conducive image of the India Program that was operational until August 2012. It should be noted that by August 2012, the Wikimedia community in India was extremely critical of the India Program’s work and achievement.[1]

Further, the community explicitly expressed lack of faith and Trust in the India Program’s method of work.[2] Thus, it is important to note that the CIS-A2K program did not start with a clean slate but had to first address multiple challenges, before it could take on active implementation of various programmatic activities. These challenges include:

building trust with the Wikimedia community in India;
building a collaborative relationship with Wikimedia India Chapter;
finding a new leadership to anchor the program that was left vacant in August 2012.

A2K Program Achievements (September 2012 to June 2013)

CIS Access to Knowledge (A2K) team started working on facilitating the improvement of Indian language Wikimedia projects with special focus on Indic Wikipedias in September 2012. Some key activities during the period of September 2012 to June 2013 are:

Number of newsletters published: 10
Number of events conducted: 49
Number of Wikipedia Education Programs conducted: 5
Number of people reached: about 1314
Number of women participants: approximately 406 (30.9%)
Number of community meet-ups & IRCs: 13
Number of sites across India where Wikimedia events were conducted: 18
Number of valid usernames: 582
Number of blogs posted: 58
Number of Print and Electronic Media mentions: 28
Number of Hackathons supported: 2
Number of community celebration events: 7
Number of Institutional partnerships: 13

CIS hired A2K Programme Director, T. Vishnu Vardhan, through an open and multi-stakeholder process of selection.[3] Representatives from Wikimedia India Chapter, Wikimedia community in India and Wikimedia Foundation were actively part of the selection process. This process was extremely critical and ensured participation of the Wikimedia community in India and the WMIN Chapter in deciding the leadership of the program.

Noted academician Dr. Tejaswini Niranjana was hired as Adviser to A2K.[4] This was done upon the request of the selection committee that was constituted for the selection of the program Director and in consultation with the WMF.

A2K proactively interacted with the WMIN Chapter Executive Committee and built collaborative working relationship.
Most of the A2K programs executed in collaboration with WMIN Chapter and community.
Began a new project on visualisation of the growth of Indic Wikipedias [5] [6] Sajjad Anwar and Sumandro are working on this. Two blog posts have been published so far. This was appreciated by the Wikimedia community in India and the WMF. Further, the WMF has expressed interest in extending these visualizations at a global level.
A2K has successfully reached out to the Wikipedians across Indian Language communities through conducting outreach programs, resolving technical bugs, supporting with required logistics, merchandise and media publicity, building public relations and communications.
Work-plans for the growth of Indic Wikipedias[7] were developed in a participatory manner with active collaboration from Wikimedia community in India and Wikimedia India Chapter Executive Committee.
Proactive open disclosure of A2K budget. and proposed revisions to the budget seeking feedback from the Wikimedia community in India towards building transparency.
CIS-A2K gave significant media visibility to Indian Language Wikipedias both in print and electronic media.

Section B: A2K Programme Impact

In discussing the A2K program’s impact we have presented below both the tangible and intangible aspects of our work.

Intangible Impact

The A2K team has left no stone unturned since the commencement of the program in September 2012 to work in a transparent manner. We have taken the following measures in being transparent:

Periodic publication of A2K work and outcomes through monthly newsletters.
Circulation of A2K monthly newsletters and notifications on various India related Wikimedia mailing lists.
Real-time listing and communication of activities on A2K Meta page.
Active documentation of all events and activities, which were published as blogs on CIS.
Prior announcements of all the events organized or supported by A2K.
Open and collaborative process of hiring Program Director.
Keeping the Wikimedia India Chapter EC in the loop on all programmatic developments since March 2013.
Proactive disclosure of A2K program budget and proposed revised budget to the Indian Wikimedia community.

In addition to this A2K has explored various possibilities of collaboration with the Indian Wikimedia community and Chapter alike. The biggest instance is the A2K Wok Planning exercise for 2013-14, where multiple stakeholders were consulted. These include

Some English-language Wikimedia community members from India;
Wikimedia India chapter Executive Committee;
Indian language Wikimedians and
A few of the Wikimedia Foundation staff.

Some of the collaborative and community building efforts of A2K were:

Support to community-led activities and facilitating community participation and ownership (e.g. Wiki Women’s Month).
Mobilization of the Indian Wikimedia community in organizing mega community events like Telugu Wiki Mahotsavam.
Engagement with WMI Chapter EC and built a collaborative relationship.
Wikipedia Education programs in 4 Indian languages done in collaboration with the local Wikimedia community.
Supporting Wikimedians in conducting outreach events.
Almost all the A2K events since February were done in collaboration with WMI Chapter and the Wikimedia community in India.
A2K team actively participated in various community meet-ups.
A2K has provided significant media visibility to Indian Language Wikipedias, especially in mainstream English press.

These transparency and collaboration efforts resulted in building trust among the Wikimedia India communities, where in they have begun to constructively engage with the A2K program’s work. This is a significant achievement since the closure of India program in August 2012. However, there are still some Wikimedians who prefer to ignore the A2K program, which indicates that the A2K program still needs to prove its worth. Thus it could be said that the A2K program has been partly successful in winning the faith of the Indian Wikimedia communities and still needs to put in more effort in this direction. The A2K team is committed to achieve this by demonstrating success through its work during the next phase of this program.

Tangible Impact

It is difficult for the CIS-A2K program to either take direct credit for the growth or direct blame for the lack of it in the Indian language Wikimedia projects. However, we believe that we have been one of the factors — and sometimes a key factor — in impacting the growth of the Wikimedia projects and communities in India since the commencement of the project.

Though the A2K program has done some amount of work with almost all Indian language Wikipedias, the A2K team has had relatively more involvement in 10 Indic languages - Assamese, Bengali, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi and Telugu - during September 2012 to June 2013.

In addition to this based on the various outreach work done by A2K we have attempted to present an analysis of direct new Wikipedia users that have emerged in languages impacted by the A2K program, keeping in mind that community mobilization will always be an autonomous activity to some extent.


Graph 1: Growth of Articles in Indian Language Wikipedias from September 2012 to June 2013

The growth momentum in Indian languages over the eight month period of September 2012 to June 2013 looks healthy.
Some language Wikipedias have been growing at a phenomenal rate than others in terms of percentage change since September 2012.
Punjabi, Assamese and Odia Wikipedias have a growth rate of 82%, 59%, and 37% respectively and are the top 3 Indian language Wikipedia projects during the ten month period.
In terms of absolute number of articles, Tamil, Malayalam, Punjabi and Hindi Wikipedias have grown by about 5,812; 5,008; 3050; and 2,734 articles respectively.
However, given the small size of the Wikipedia communities in Punjabi, Nepali, Kannada, Odia and Sanskrit the growth achieved by them is much commendable and all efforts have to be put to ensure that this momentum continues by strengthening these communities and also expanding them.


Graph 2: Active Editors in Indian Language Wikipedias from September 2012 to June 2013

There is a fluctuation in the number of active editors in all Indian language Wikipedias.
The active editors on Assamese, Marathi and Gujarati Wikipedias have been consistently coming down, which is a cause of concern.
It is important to note that Tamil, Telugu, Kannada and Nepali Wikipedias where the number of Active Editors were declining earlier have shown a remarkable turnaround. The efforts of the A2K program, especially in Telugu and Kannada, over the last 4 months could have resulted in this positive change.
It seems the Wikipedia Education Program, Nepal has been instrumental in bringing significant number of new active editors on Nepali Wikipedia.
Overall the active editors on Malayalam Wikipedia have crossed the 100 mark numerous times, making it the first Indian language Wikipedia to reach this benchmark. However, in month of May and June 2013 this dropped to a 2 digit figure again.
Looking at the trends Tamil Wikipedia may soon reach the 100 active editor mark.
Even Bengali community could cross 100 active editors if concerted efforts are put in.
The Assamese Wikipedia, which received support from A2K program until January 2013, had a consistent active editor population which was around 20 people. However, once the support from the A2K dwindled since February a declining trend can be noticed. One could deduce that the A2K program has had critical relevance in the growth of Assamese Wikipedia. The decline over the last 5 months also alerts us to the possibility of building dependencies on the A2K program, which is a concern that we need to address going forward.


Graph 3: Monthly growth of New Editors on Indian Language Wikipedias from September 2012 to June 2013

On an average 94 new editors have joined Indian language Wikipedias every month.
Bengali, Malayalam and Tamil Wikipedias have consistently seen more than 10 new editors joining almost every month since Jan 2013.
Hindi, Marathi and Telugu have many new editors joining per month.
Total of 849 new people have become editors for Indian language Wikipedia since Sep 2012.
However, the conversion rate of new editors into active editors is still a challenge across all Indian language Wikipedias.


Graph 4: Snapshot of “Page Views” of Indian Language Wikipedias in September 2012 & June 2013

Overall the “Page View” trends of Indian Language Wikipedias until April 2013 look positive. but since the last two months the trend is in the decline. However, it should be noted that the month on month “Page View” trends keep fluctuating.
Bengali, Tamil, Malayalam and Punjabi Wikipedias have shown highest percentage growth in page views since September 2012.
In absolute numbers Bengali Wikipedia has seen a spectacular growth of 3,000,000 page-views, Tamil and Malayalam Wikipedias witnessed a growth of about 927,150 and 365,913 a page-views respectively.
Based on the the absolute numbers of “Page Views” for Indian Wikipedias it could be speculated that there is a significant increase in demand for knowledge and information in Indian languages on the internet.

In the below given Graph 5, we have also looked at the direct impact the A2K programme had in cultivating new editors on Indian language Wikipedias through various outreach programs that conducted during September 2012 to June 2013.


Graph 5: New Editors from CIS-A2K Outreach September 2012-June 2013

It should be noted that during the 10 month period CIS-A2K reached out to a total of 1,314 participants. This is approximate 130 people per month. However, the username data for more than 700 participants could not be ascertained, due to incorrect inefficient data collection and input. This includes participants giving wrong usernames, trouble with the handwriting of some of the participants, etc. We have already taken note of this issue and have put in measures to efficiently capture the new user data. Hence, we have only presented an analysis of 582 participants, whose usernames are valid.

The analysis of this data reveals that more than 120 users have done more than 5 edits, which is about 21 per cent of the participants with valid usernames. Further, 25 participants have done more than 100 edits on English and various Indian language Wikipedias, which constitutes 4 per cent of the total participants that the A2K programme has reached out to. Further 11 users have become very active editors on Indian language Wikipedias with more than 1000 edits to their credit.

Section C: Learning and Challenges

Outreach

One of the biggest constraints with the existing outreach efforts across India including that of CIS-A2K's is that they are all based on light-touch model. We have learned that a light touch outreach with no follow up, no hand-holding, no support system will not be able to yield desired results. We need to have a thoroughly thought out well-designed outreach programs where there should be continuous interaction with the participants for a minimum of 2-3 months. CIS-A2K approach to outreach should be different from usual Wikipedia editing training. Further, any outreach with an educational institution on the lines of a "Wikipedia Education Program" requires at least 3-4 months commitment from everyone concerned (i.e. student, institution, community and CISA2K).

This in no way means diminish the importance of the light-touch model of 1/2 or 1 day Wikipedia editing training workshops, as seldom you get institutions/groups who are willing to commit to a long-term engagement. Thus a mixed approach is more pragmatic, while more energies need to put in long-term engagements.
There is a strand of criticism about effectiveness of physical outreach in general. However physical outreach for Indian languages is extremely essential as this is the lead exercise by which language communities have strengthened themselves over the years, though this has been very slow. The need to involve human element, face-to-face interaction and two-way communication is an extremely important factor of for growth of Indian language communities.
The need for each language community is different with respect to outreach. There are some communities that are more comfortable with conducting physical outreach while other communities are more efficient with outreach on social networking sites. For instance the Odia Wikipedia community where the average age of the active members is less than 25 is more active on Social Media and extensively uses it to network among themselves and to also discuss about the Wikipedia, whereas the Telugu Wikipedia is more comfortable with physical meetings and primarily uses Village Pump for all community discussions.
Based on the interaction with most of the Indian language Wikimedia communities, CIS-A2K noticed that except for some communities like Malayalam, an institutional partnership is something that might not be easily taken up by community members. This is so because it requires high level of effort, time and strong network, amongst several other things. CIS-A2K has been focusing to address this need in general and in the five focus language areas in particular.

Work Plan Development and Community Communications

Even after sending multiple invitations, it took a lot of effort by CIS-A2K to encourage the larger community to engage and participate actively in the development of language focused work plan. CIS-A2K put its best efforts in inviting the community members through meta pages, village pumps, language and city-wide mailing lists, Indian mailing list, India English mailing list, meet-ups, IRCs, social-media channels to give their valuable suggestions and feedback. However, very few community members showed interest and helped in refining the plans. Better feedback could be gathered during physical and informal meetings with the community members.
Less than 10% active volunteers across all Indian language communities are active on Meta and even less on Indian mailing lists. During some informal conversations some community members expressed that it is too much of an additional burden to also visit Meta and engage. Taking into consideration that most of the language communities have less than 20 active volunteers, pragmatically speaking it is a huge ask to expect them to actively participate on Meta or mailing lists. Thus one cannot have a uniform standard and uniform mode of communication with different language communities. Thus CIS-A2K needs to explore various means of engaging with the Wikimedia community in India and should adopt a mixed channel approach of gauging community feedback. Though this is requires additional efforts on the team.
The mediums listed show a significant effort was made to solicit feedback and participation. It's okay and understandable that strategic planning is not for everyone, that volunteers economize their time devoted to the movement. So CIS-A2K does not necessarily see it as a failure that participation was low. What CIS-A2K aimed to do was to make sure participation was solicited, encouraged, and made possible. Of course ideally we would want higher participation, but CIS-A2K is careful not to confuse and turn higher participation in strategizing into a goal in itself.
In spite of this CIS-A2K took the risk and went ahead with a participatory and continuous mode of evaluation. We foresee a challenge in actively involving the community in quarterly evaluation cycles as this would require them also to introspect. In the five focus language communities such an introspection exercise was not done systematically before and a mandatory imposition may not be productive either for the Community or for CIS-A2K. The challenge would be that in the first 2 quarterly cycles CIS-A2K could miss meeting its own evaluation criteria. However, the opportunity here is to train the community to systematically introspect, which will go a long way in strengthening the Indian language Wikipedias and the associated communities.
Some programs, especially institutional partnerships, have a higher risk of failure than others. Though CIS-A2K committed to a very granular break-down of outcomes, it may require significant revisions. Hence it is extremely important for CIS-A2K to review and revise the plans and goals every 3-4 months.

Community Engagement/Development

Indian language communities are able to grow and cultivate new editors who come from similar background as their’s. For example, we find that the Telugu community comprises primarily in the age group of 30-50 years, while on the other hand, the Odia community consists of relatively younger editors between the age group of 20-30 years. Hence, it is essential that the community building programs take this aspect into consideration and work to diversify the community mix by engaging with people belonging to varied backgrounds.
Transparency and accountability are essential to build community trust. CIS-A2K has already taken various measures in this direction. However, there are occasions when more demands are placed on CIS-A2K, which consumes a lot of CIS-A2K's time and effort. The challenge is to struck a balance between the demands of transparency and accountability and the actual work they describe.
Meetups, one-on-one meetings/talk with community members are an essential ingredient to build long-term relationship. This is especially very important for nascent language communities with few editors. These kind of personal interactions help community members to know and connect with other Wikipedians. It also helps build trust and working relationship between community members and the A2K team.
CIS-A2K recognizes the potential role of Wikimedia India Chapter in growing the Wikimedia movement in India. Though CIS-A2K's work doesn't depend on the India Chapter, there is a huge potential for collaboration between the Wikimedia India Chapter and CIS-A2K. CIS-A2K has put in its best efforts to build a cordial working relationship with the India Chapter. However, the extent of the collaboration would depend on the India Chapter's capacity and interest.

Section D: Progress Report

A detailed progress report of the A2K program activities has been presented on a monthly basis below. Most of the activities have been documented as blog posts or news-items on the CIS website. All of the A2K events, blog-posts and news-items can be seen here.

Outreach Sessions in September 2012

Note: Although most of these workshops were conducted prior to the grant period, the reports for all of these were written during September 2012:

The First Punjabi Wikipedia Workshop (by Shiju Alex and Subhashish Panigrahi, September 27, 2012). A total of 25 participants came for this workshop. There were 15 new editors (of which 13 were female).
Punjabi Wikipedia Workshop at Punjabi University, Patiala (by Shiju Alex and Subhashish Panigrahi, September 28, 2012). About 30 participants including students and teachers attended the workshop.
Punjabi Wikipedia Workshop at Amritsar (by Shiju Alex and Subhashish Panigrahi, September 30, 2012). Nearly 50 participants including students and teachers from eight different schools apart from the students and teachers of Spring Dale School attended the workshop.
Wikipedia Workshop in British Library, Chandigarh (by Subhashish Panigrahi, September 27, 2012). About 32 participants attended the session on Day 1 and 10 participants attended the session on Day 2.
Kannada Wiki Workshop at Tumkur University (Tumkur, Karnataka, September 15, 2012). About 30 participants including students and teachers participated in this workshop.
Wikipedia comes to Hyderabad! (By Noopur Raval, September 30, 2012). There was coverage in the Hindu on September 28, 2012. About 60 students participated in the event.

Outreach Sessions in October 2012

Bengaluru: A Hub for Kannada and Sanskrit Wikipedia and other Wikimedia projects! (October 7, 2012, Bangalore). Nitika Tandon, Subhashish Panigrahi and Jessie Wild led the session. Seven Kannada wikipedians participated in the event.
Wikipedia workshop @ Inmantec College, Ghaziabad (by Nitika Tandon, October 19, 2012). The Access to Knowledge team was approached by Gaurav Prashar, Assistant Dean at Inmantec College, Ghaziabad to organize the workshop. Over 120 participants attended the workshop including MCA, BCA, BBA students and faculty members.
Bridging Gender Gap in Pune: WikiWomenDay 2012 Celebrated with Success! (organised by Wikipedia Club Pune at PAI International Learning Solutions, Azam Campus, Pune, October 28, 2012). Subhashish Panigrahi shares the experience in a blog post.
First Pune Odia Wikipedia Workshop Organized! (Co-organised by CIS and Pune Odia Wikipedia community, Pune, October 27, 2012). The Access to Knowledge team showed the participants the Chatasabha, a friendly desk on Odia Wikipedia and demonstrated how they can ask questions and see the answered questions. New wikipedians were connected to Facebook

Outreach Sessions in November 2012

Odia Wikipedia Workshop at AML (Academy of Media Learning, Bhubaneswar, November 10, 2012). Odia Wikipedians like Ansuman Giri, Manoranjan Behera and Diptiman Panigrahi participated in this event.
Follow up to Wikipedia Introductory Session (Bharati Vidyapeeth, Delhi, November 19, 2012). A Wikipedia introductory session was organised at Bharati Vidyapeeth Engineering College in Delhi early this year and a follow up session was organised by CIS on November 19, 2012. About 15 participants attended the follow up session.
An Odia Wikipedia Workshop at KMBB (co-organized with CIS and with Odia Wikipedians, KMBB College, Bhubaneswar November 18, 2012). The agenda for the two-and-a-half hour session was to educate students about open source movement, journey of Wikipedia and how to contribute to Odia Wikipedia and how it would help them. Nine active Odia Wikipedians joined to support this event.

Outreach Sessions in December 2012

Marathi Wiki Workshop at TISS (co-organised with the Wikimedia India Chapter, Tata Institute of Social Science, Mumbai, December 8, 2012). There were about 25 participants (MA and PhD level) and 5 conductors - Yogesh, Nikita, Moksh, Kartik and Nitika.
Wikipedia Workshop at NMAIT (NMAIT, Karkala Taluk, Karnataka December 21, 2012, co-organised in association with Metawings Institute). Subhashish Panigrahi led the session. About 170 engineering students took part in this event.
Wikipedia Workshop at SRM (SRM University, Chennai, Tamil Nadu, December 17, 2012, co-organised in association with Metawings Institute). Noopur Raval participated in the event. About 40 students from different engineering colleges in Chennai participated in the workshop.

(Note: The following events were also conducted in December 2012. However, reports for these events were published later in January.)
Two-day Wiki Workshop in Goa University: An Introduction (by Nitika Tandon, January 15, 2013). The workshop was conducted on December 12 and 13, 2012 along with the Wikipedia community members for M.A. and Ph.D. students at the Goa University. Over 35 participants attended the two-day workshop.
Wikipedia in St. Xavier's College, Mapusa, Goa (by Nitika Tandon, January 19, 2013). The workshop was conducted on December 14, 2012. Over 30 participants attended the session.
Promoting GLAM in Goa (by Nitika Tandon, January 24, 2013). The Access to Knowledge team organised an introductory Galleries, Libraries, Archives, Museums (GLAM) session at Goa State Central Library on December 13, 2012. About 45 people from over 10 different GLAM institutes in Goa participated in the event.
Konkani in Wikipedia Incubator — Taking it to the Next Level (by Nitika Tandon, January 25, 2013). An introductory session on Konkani in Wikipedia was conducted at the Konkani Department in Goa University on December 12, 2012. About 30 participants took part in the event.

Outreach Session in January 2013

A Wiki Workshop at Raj Kumar Goel Institute of Technology, Ghaziabad (RKGIT, Ghaziabad, January 17, 2013). Around 65 mechanical engineering students from second and third year participated in this workshop.

Outreach Session in February 2013

Digital Literacy Workshop at Department of Arts, Delhi University (University of Delhi, February 5, 2013). A digital literacy workshop was organised at the Department of Arts, Delhi University for students pursuing their masters in Modern Indian Languages and Literary Studies on February 5, 2013. About 30 students and 4 faculty members attended the workshop.

Outreach Sessions in March 2013

Introductory Wikipedia session at BITS Goa (organised by CIS, Birla Institute of Technology & Science, Pilani, Goa, March 7, 2013). The Access to Knowledge team was invited by Nikhil Dixit, Public Relations Officer at the Birla Institute of Technology & Science, Pilani – Goa (BITS Goa) to organise Wikipedia session on March 7, 2013. About 30 people participated in the event.
Telugu Wikipedia Training Workshop on Women's Day (organised by CIS, Theatre Outreach Unit, University of Hyderabad, Hyderabad, March 8, 2013). Telugu Wikipedians Dr. Rajasekhar and Rahmanuddin alongwith T. Vishnu Vardhan led this event.
Wikipedia Workshop for Kannada Science Writers (organised by Wikimedia India Chapter, Karnataka Rajya Vijnana Parishath and CIS, Karnataka Rajya Vijnana Parishath Conference Hall, Banashankari 2nd Stage, Bangalore, March 17, 2013). Dr. U.B. Pavanaja led the event.
Kannada Wikipedia Workshop (organised by CIS, Institution of Engineers, JLB Road, Mysore, March 24, 2013). Dr. U.B. Pavanaja led this workshop.
Wikipedia Indian Languages Workshop at IIT, Bombay (organised by CIS, IIT Mumbai, March 28, 2013). Noopur Raval led the event.

Outreach Sessions in April 2013

Telugu Wikipedia Workshop (April 9, 2013 at the Centre for Good Governance, Hyderabad). Telugu Wikipedians Arjunarao, Rahmanuddin and Pavithran along with T. Vishnu Vardhan led this half-day workshop. This was organized as a pre-event to Telugu Wiki-Mahotsavam.
Telugu Wikipedia Workshop (April 11, 2013 at the Theatre Outreach Unit, University of Hyderabad, Hyderabad). Telugu Wikipedians Radhkrishna and Rajachandra led this half-day workshop. This was organized as part of the Telugu Wiki-Mahotsavam.
Telugu Wikipedia Advance level Workshop (April 11, 2013 at the Theatre Outreach Unit, University of Hyderabad, Hyderabad). Telugu Wikipedians Arjunarao and Rahmanuddin led this demonstration. This was organized as part of the Telugu Wiki-Mahotsavam.
Kannada Wikipedia Workshop (April 29, 2013, Govinda Pai Research Centre, MGM College Udupi). Dr. U.B. Pavanaja led the workshop and gave a talk on Kannada Wikipedia.

Outreach Sessions in May 2013

Wikipedia workshop (May 8, 2013, TISS, Mumbai). T. Vishnu Vardhan conducted the workshop to the students of Post Graduate Diploma in Community Media. A total of 14 students and 1 teacher attended this multi-lingual Wikipedia training workshop.

Outreach Sessions in June 2013

Kannada Wikipedia Workshop (June 4, 2013, Ramakrishna Vidyalaya, Hassan). Dr. U.B. Pavanaja led the workshop and gave a talk on Kannada Wikipedia.
Wikipedia workshop (June 10, 2013, Internet Institute, Palm Grove, Bangalore). T. Vishnu Vardhan conducted the workshop. This orientation workshop on Wikipedia was attended by representatives from about 25 Civil Society organizations across India. This was followed up by a hands-on Wikipedia training workshop.
Kannada Wikipedia workshop for bloggers (June 24, 2013, Suchitra, Bangalore). Dr U.B. Pavanaja conducted the workshop and gave a presentation on Kannada Wikipedia.

Education Programme Updates

Launch of Assamese Wikipedia Education program at Guwahati University (by Nitika Tandon, October 22, 2012). The program was launched on October 14, 2012 with 15 post-graduate students (90 per cent of these are women students) under the guidance of Prof. Dulumoni Goswami, Head of the Department of Education, Guwahati University.
Malayalam Wikipedia Education Program: August to October Updates (by Shiju Alex, October 29, 2012). This program is the first of its kind in an Indic language, and Malayalam community is doing the program in collaboration with the IT@School, a project of the Department of General Education, # Government of Kerala, setup in 2001, to foster the IT education in schools. Gujarati Wikipedia Article Competition – 10 schools, 200 students, 20 articles on Gujarati Wikipedia (by Noopur Raval, October 31, 2012). This was a competition to raise Wikipedia awareness and help students discover the joy of writing articles in their native language and an attempt to connect producers having knowledge in Gujarati to a wide audience of more than 4,00,000 readers.
Gujarat Wikipedia Education program:Rajkot (by Noopur Raval, October 31, 2012). This report analyses a series of meetings and workshops held in Rajkot, a city in Gujarat, India during the month of October 2012 including students from the Galaxy Education System, Christ College students and members from the Wikipedia community.
First Odia Wikipedia Education Program to be Rolled Out (by Subhashish Panigrahi, November 30, 2012). Odia wikipedians launched this program at the Indian Institute of Mass Communications, Dhenkanal on November 8, 2012 to bring students to edit articles on Odia wikipedia through a series of assessments by professors.
Odia Education Program (Indian Institute of Mass Communication, Dhenkanal, Orissa, January 26, 2013). This is the first Odia Education Program which ran for three months and 16 students took active part in contributing on various articles on Odia Wikipedia.
Odia Wikipedia Community Brings Wikipedia Education Program to IIMC, Dhenkanal (by Subhashish Panigrahi, February 28, 2013). Sixteen student wikipedians signed up and took part in editing more than a dozen articles on Odia Wikipedia.

Hackathons

Wikipedia Hackathon at BITS Hyderabad (organized by CIS - A2K team and BITS-Pilani, Hyderabad, October 26 – 27, 2012).
A Wikipedia Mini-hackathon in Delhi (CIS, New Delhi, November 11, 2012)

Meetups

Kolkata: Tasting the Sweetness of Wikipedia! (Kolkata, November 3, 2012). The journeys of three Wikipedians — Jayanta Nath, Deepon Saha and Ashwin Baindur are examined. Subhashish Panigrahi participated in the meeting.
Wikivoyage, November 18, 2012: Ravikiran presented the Wikivoyage project and discussions on Wiki Project Karnataka. A total of 13 participants attended this meeting.
Wikidata, December 2, 2012: Lydia Pintscher presented the Wikidata project. The talk covered history of Wikidata project, state of the project and Wikidata India opportunities. About 13 people attended this event.
Wikimedia Meet-up, Hyderabad (7 Hyderabad based Wikimedians attended this meet-up. Abhijith Jayanthi - SIG Hyderabad, Rahimanuddin Shaik - SIG Telugu, Dr. Rajasekhar; Veera Venkata Chowdary, Tausif, Sai Anudeep, and Akhila Thumma came together for a discussion meeting with the CIS-A2K Program Director T. Vishnu Vardhan.
Kolkata Wiki Community Meetup (organised by CIS and Kolkata Wiki Community, March 14, 2013). Four Wikipedians from Kolkata, Wikimedia Foundation's mobile Developer Yuvaraj Pandian and OPW intern Sucheta Ghoshal joined T. Vishnu Vardhan and Subhashish Panigrahi for this event.
Odia Wikipedia - Cuttack Community Meetup (organised by CIS and Odia Wiki Community, Cuttack, March 16, 2013). T. Vishnu Vardhan and Subhashish Panigrahi met Odia Wikipedians in Cuttack to discuss about the current state of Odia Wikipedia and understand the community building strategies.
Odia Wikipedia – Bhubaneswar Community Meetup (organised by CIS and Odia Wiki Community, Bhubaneswar, March 17, 2013).
First Telugu Wiki Meetup @ CIS, Bangalore (co-organised by Telugu Wikipedia community and CIS-A2K on June 2, 2013). S.J. Veera conducted the meet-up.

Celebration and Events

Celebrating Odia Wikipedia's Ninth Anniversary (organized by the Odia Wiki Community with support from CIS and Academy for Media Learning, January 29, 2013, Bhubaneswar). The event attracted good coverage in the local media:

Wikipedia Women's Workshop in Mumbai (by Noopur Raval, Vidyalankar Institute of Technology, Wadala, Mumbai, November 4, 2012).
Wiki Women's Day in Goa (organised by the Wikimedia India Chapter and CIS, Nirmala Institute of Education, Panaji, Goa, March 8, 2013). The workshop was organised on International Women's Day. Rohini Lakshane and Nitika Tandon led the workshop.
Telugu Wiki Mahotsavam 2013 (organised by Telugu Wikipedia Community and CIS, Hyderabad, April 9 – 11, 2013). T. Vishnu Vardhan was one of the trainers at the Wikipedia Academy at Centre for Good Governance on April 9, 2013. Vishnu Vardhan spoke about the Access to Knowledge work in one of the sessions of Wikimedia. Meeting with Media Heads on April 10, 2013. Vishnu Vardhan gave a talk on A2K’s plans for the growth of Telegu Wikipedia in 2013-14 at the Telegu Wikipedia general meeting on April 11, 2013. Vishnu Vardhan also gave a talk about Access to Knowledge in the digital era at the Wiki Chaitanya Vedika on April 11, 2013.

Events Participated In

Celebrating the success of Wikipedia in Wikipedia Summit Pune 2013 (organized by Wikipedia Club, Pune, January 12 – 13, 2013).
GNUnify 2013 (organized by Pune Linux/Unix User Group and Symbiosis Institute of Computer Studies & Research, Pune, February 15 – 17, 2013). Subhashish Panigrahi participated in the event.
Creative Commons comes to India (co-organized by Pune Linux/Unix User Group and Symbiosis Institute of Computer Studies & Research in Pune, February 15, 2013, and CIS the Wikimedia India Chapter, Chitrakala Parishad, Bangalore, February 25, 2013).The Access to Knowledge team participated in the CC meetings organized in Bangalore.
Fifty-fourth Bangalore Wikimedia Meet-up at IIM, Bangalore (organized by Radhakrishna Arvapally, SIG (Special Interest Group) Chair, Bangalore (a part of the Wikimedia India Chapter) with support from Solutions IQ, Wikimedia India Chapter and CIS, Indian Institute of Management, February 25, 2013). Sudhwana Jogalekar (President, Wikimedia India) spoke on Wikimedia Projects. T. Vishnu Vardhan (program Director, A2K, CIS) gave a talk on 'Accessibility to Knowledge'. Joe Justice (Founder WikiSpeed) and Vibhu Srinivasan gave a presentation of WikiSpeed Car project. Chief Guest K.S. Viswanath (Vice President, Industry Initiatives, NASSCOM) gave the welcome address. Noopur Raval participated in the event.
Knowledge Sharing through GLAM at Bangalore (organized by Wikimedia India and Creative Commons, Karnataka Chitrakala Parishad, Kumara Krupa Road, Bangalore, February 25, 2013). Dr. U.B. Pavanaja, Nitika Tandon and Subhashish Panigrahi participated in the event. CIS supported the event.
Wikipedia Workshop for Kannada Science Writers (organised by Wikimedia Chapter India, Karnataka Rajya Vijnana Parishath and CIS, Karnataka Rajya Vijnana Parishath Conference Hall, Banashankari 2nd Stage, Bangalore, March 17, 2013). Dr. U.B. Pavanaja participated in the event.
Wikipedia Women's Workshop Bangalore 2013 (organised by Wikimedia India, Servelots Infotech, Jayanagar, Bangalore, March 8, 2013). The event was covered by Kannada Prabha on March 9, 2013. Dr. U.B. Pavanaja participated in the event.
Wikipedia at Avenir (organised by the Wikipedia community, Netaji Subhash Engineering College, Kolkata, West Bengal, March 11, 2013). CIS supported the event.
Wikipedia Community members helped the Higher Education Innovation and Research Applications program (HEIRA) of CSCS Bangalore organizes a day-long workshop on ‘Digital Literacy’ at Ahmednagar College, Ahmednagar, Maharasthra on January 17, 2013. Tanveer Hasan of HEIRA shares with us the developments in this report. During this period, CIS established partnerships with the Goa University, Tata Institute of Social Science, Mumbai, Regional Research Centre, Udupi, etc.

Section E: Indic Wikipedia Visualisation Project


Given above is a chart depicting the visualization of Indic Wikipedia project

CIS hired Sumandro Chattapadhyay and Sajjad Anwar to work on visualisation of the growth of Indic Wikipedia. Their project takes basic parameters, like page views, total articles and total editors, and compares them over time and across projects:

They have looked into the different aspects of the past and present activities of Indic Wikipedias, and divided the visualisation into three different focus areas:
1. Basic parameters
2. Geographic patterns of edits
3. Exploring topics that receive greatest number of edits. You can read more about Indic Wikipedia Visualisation Project #1: Visualising Basic Parameters
They also worked on visualisation of the page views statistics and the project specific pages. The page views indicate the number of unique visits Wikipedia project concerned has received in one month. You can read more about Indic Wikipedia Visualisation Project #2: Visualising Page Views and Project Pages
Readership Dashboard: The Readership Dashboard combines a line graph showing the movement of page view for a project across the years and bar graphs showing a separate variable for the same project.
Motion Charts: The motion charts help compare Indic Wikipedia Projects across Languages on various parameters such as new editors, new articles, active editors, total editors etc.
Calendar Charts: The calendar charts limits each chart section to 12 months allowing the user to focus on more granular movements of the variable concerned, say the number of new editors per month or page views per month, etc.

Section F: The Access to Knowledge Work Plan (2013 – 2014)

The Access to Knowledge team assessed 12 of the active Indic-language communities based on the community dynamics, growth patterns in readership, and community and edit contribution for drafting this work plan. In putting together this work plan the Access to Knowledge team has extensively engaged with various stakeholders. These include: a) some Wikimedia community in India members across various Indian-language Wikimedia projects; b) some English-language Wikimedia community members from India; c) Wikimedia India chapter executive committee; d) some potential institutional partners; e) a few like-minded advocates of free knowledge; f) Access to Knowledge program Adviser Dr. Tejaswini Niranjana; and g) a few of the Wikimedia Foundation staff. Five languages were selected as core language areas. These include: Bengali, Kannada, Konkani, Odia and Telegu. Some key factors that determined the selection of languages areas included:

The Access to Knowledge team's existing ties with knowledge institutions, groups and individuals.
Willingness of language community to interact and engage with the Access to Knowledge team.
Considering Wikimedia India Chapter EC's suggestion that Access to Knowledge team should work on at least one incubation project.
Access to Knowledge team's familiarity with the languages.

However, choosing these five languages do not necessarily mean that the A2K program would not focus on the other languages rather there would be more programmatic support and organizational ties to be built.

Language Area Work Plans

The language area work plans are linked to the individual meta-pages:

The expected and dream targets for the languages are shown below:

Expected and dream targets for languages
Parameters	Telugu		Odia		Kannada		Bengali		Konkani
	Expected target	Dream target	Expected target	Dream target	Expected target	Dream target	Expected target	Dream target	Target
No. of Editors	755	905	120	350	600	1000	930	1200	NA
No. of New editors	200	350	35	100	300	700	30	100	24
No. of Acitve editors	25	40	20	40	50	70	100	150	NA
No. of Aritcles	54000	55000	5000	6000	25000	30000	27000	28000	500
No. of Outreach Events	29	34	12	15	12	20	5	15	12

The detailed plan with projection of outcomes and expected impact of the A2K program activities could be accessed here.

Overall Community Support

Besides the specific programs mentioned under individual language area plans, A2K team will provide overall support to all Indian-language Wikipedia communities. This includes but is not limited to:
Creating awareness through online editing videos, editing guides and digital coverage all in local Indian languages.
Supporting outreach activities
Capacity building to multiply outreach efforts. This would include training sessions to improve presentation skills, audience engagement skills with mock presentations and video recording for feedback. The first Train-the-Trainer program is being planned in June.
Facilitate more qualitative interactions amongst community members with an aim to foster creation of new project ideas in the form of physical meet-ups, hangouts/Skype calls, and small/large scale conferences.
Organize language specific IRCs where community members from that specific language could discuss their plans, issues, concerns, and anything at all.
Encourage community members to share feedback, suggestions or details of any kind of support on A2K's Meta help page.
Supporting communities for bug reporting and following up for resolution. A detailed overall community support page can be found here.

Section G: Team Orientation and Development

Team’s Professional Development

A one-day orientation was organized in CIS where Wikimedia board members Bishakha Datta and Achal Prabhala helped the Access to Knowledge team members to develop an agenda for a period of 6-7 months. They helped team members to find overlaps, prioritise and recognize possibilities to make best use of available resources. The board members also shared learnings, principles and concepts from other movements that could be applied to the Access to Knowledge program.
A one-day orientation program was organized with Wikimedia India Chapter Executive Committee Members to find common minimum program on which both the Chapter and the Access to Knowledge team could work together to achieve common objectives. The orientation also helped define overlapping areas and how the two oragnisations will handle them.
A one-day orientation program was organised with Wikimedia community in India Members such as Tinu Cherian who gave a talk on how to leverage mainstream and social media; Gautam John who organized a workshop on organisational procedures for greater transparency and accountability, and Arun Ramarathnam who spoke about best practices for working with Wikipedia community. This orientation was organized as a part of training and skill development for the Access to Knowledge team members.
Since March 2013 CIS-A2K started having weekly Team Learning Sessions on every Wednesday. However, given the hectic schedules of the Team these could not be organized in a regular manner.

Exits and New Hires

CIS has an office in New Delhi with a five-member team for the Access to Knowledge program. The team is currently headed by T. Vishnu Vardhan, Program Director (Access to Knowledge). Other team members include Tejaswini Niranjana (Distinguished Fellow), Dr. U.B. Pavanaja (Program Officer, Indian Language Initiatives), Nitika Tandon (Program Manager) and Subhashish Panigrahi (Program Officer).

	T. Vishnu Vardhan: Vishnu Vardhan was hired as the new program Director-Access to Knowledge at CIS. Vishnu Vardhan has over the last 11 years worked in various capacities as researcher, grant manager, teacher, project consultant, information architect and translator. Vishnu Vardhan managed the Art, Crafts and Culture portfolio of Sir Ratan Tata Trust and also worked as Research Coordinator at the Centre for the Study of Culture and Society in Bangalore.
	Dr. U.B. Pavanaja joined the team as program Officer, India Language Initiatives on March 4, 2013. Dr. Pavanaja holds a Master’s degree from Mysore University and Ph.D. from Mumbai University. He was a scientist at Bhabha Atomic Research Centre, Mumbai, for about 15 years. He is one of the earliest editors of Kannada Wikipedia. He has to his credit many firsts, viz., first Kannada website, first Kannada online magazine, first Indian language (Kannada) website to receive Golden Web Award, first Indian language (Kannada) editor for Palm OS, first Indian language (Kannada) editor for WinCE device (HP Jornado 720), first Indian language version (Kannada) of universally popular Logo (programming language for children) software, etc.
	Tejaswini Niranjana is a Senior Fellow at the Centre for the Study of Culture and Society (CSCS), Bangalore, and Visiting Professor at Tata Institute of Social Sciences (TISS), Mumbai joined A2K as an Adviser. She guides the Access to Knowledge team in expanding the Indian language Wikipedias and helps in increasing the number of active editors through strategic partnerships with Higher Education institutions across India.

The following staff left the organisation:

Shiju Alex, Program Manager, Access to Knowledge left the organization on November 16, 2012.

Noopur Raval, Program Officer, Access to Knowledge left the organization on April 24, 2013.

Section H: Additional Links and Data

Blog Entries

Indic Language Wikipedias – Statistical Report: January – June 2012 (by Shiju Alex, September 25, 2012).
Kannada Wiki Workshop at Tumkur University (by Shiju Alex, September 25, 2012).
The First Punjabi Wikipedia Workshop (by Shiju Alex and Subhashish Panigrahi, September 27, 2012).
Wikipedia Workshop in British Library, Chandigarh (by Subhashish Panigrahi, September 27, 2012).
Punjabi Wikipedia Workshop at Punjabi University, Patiala (by Shiju Alex and Subhashish Panigrahi, September 28, 2012).
Editor Growth & Contribution Program on Telugu Wikipedia (by Nitika Tandon, September 29, 2012).
Punjabi Wikipedia Workshop at Amritsar (by Shiju Alex, September 30, 2012).
Wikipedia comes to Hyderabad! (by Noopur Raval, September 30, 2012).
Bengaluru: A Hub for Kannada and Sanskrit Wikipedia and other Wikimedia projects! (by Subhashish Panigrahi, October 16, 2012).
Wikipedia workshop @ Inmantec College, Ghaziabad (by Nitika Tandon, October 19, 2012).
Launch of Assamese Wikipedia Education Program at Guwahati University (by Nitika Tandon, October 22, 2012).
Malayalam Wikipedia Education Program: August to October Updates (by Shiju Alex, October 29, 2012).
Bridging Gender Gap in Pune: WikiWomenDay 2012 Celebrated with Success! (by Subhashish Panigrahi, October 29, 2012).
Gujarat Wikipedia Education Program: Rajkot (by Noopur Raval, October 31, 2012).
Gujarati Wikipedia Article Competition – 10 schools, 200 students, 20 articles on Gujarati Wikipedia (by Noopur Raval, October 31, 2012).
First Pune Odia Wikipedia Workshop Organized! (by Subhashish Panigrahi, October 31, 2012).
An Odia Wikipedia Workshop at Academy of Media Learning (by Subhashish Panigrahi, November 10, 2012).
A Wikipedia Mini-hackathon in Delhi (a guest blog post by Yuvraj Pandian, November 11, 2012).
Report on Wikipedia Hackathon held in Hyderabad (a guest blog post by Yuvi Panda, November 19, 2012).
An Odia Wikipedia Workshop at KMBB College, Bhubaneswar (by Subhashish Panigrahi, November 19, 2012).
Follow up to Wikipedia Introductory Session at Bharati Vidyapeeth — More Interested and More Involved Participants (by Nitika Tandon, November 19, 2012).
Typing in Indic Languages from Mobiles made Easy! (by Subhashish Panigrahi, November 19, 2012).
Wikipedia Women's Workshop in Mumbai (by Noopur Raval, November 21, 2012).
First Odia Wikipedia Education Program to be Rolled Out (by Subhashish Panigrahi, November 30, 2012).
Kolkata: Tasting the Sweetness of Wikipedia! (by Subhashish Panigrahi, November 30, 2012).
Marathi Wiki Workshop at Tata Institute of Social Sciences (by Subhashish Panigrahi, December 8, 2012).
Non Unicode ISCII Text Can be Converted to Unicode Now! (by Subhashish Panigrahi, December 19, 2012).
A Wikipedia Workshop at SRM University, Chennai (by Subhashish Panigrahi, December 27, 2012).
New Avenues: Media Wiki Groups (by Noopur Raval, December 27, 2012).
A Wikipedia Workshop at NMAIT (by Subhashish Panigrahi, December 30, 2012).
Two-day Wiki Workshop in Goa University: An Introduction (by Subhashish Panigrahi, December 30, 2012).
Two-day Wiki Workshop in Goa University: An Introduction (by Nitika Tandon, January 14, 2013).
Wikipedia in St. Xavier's College, Mapusa, Goa (by Nitika Tandon, January 19, 2013).
Celebrating the success of Wikipedia in Wikipedia Summit Pune 2013 (by Subhashish Panigrahi, January 21, 2013).
A Wiki Workshop at Raj Kumar Goel Institute of Technology, Ghaziabad (by Subhashish Panigrahi, January 22, 2013).
Bringing Konkani Encyclopedia in Public Domain (by Nitika Tandon, January 22, 2013).
Promoting GLAM in Goa (by Nitika Tandon, January 24, 2013).
Konkani in Wikipedia Incubator — Taking it to the Next Level (by Nitika Tandon, January 25, 2013).
Digital Literacy Workshop at Department of Arts, Delhi University (by Nitika Tandon, February 5, 2013).
Celebrating Odia Wikipedia's Ninth Anniversary (by Subhashish Panigrahi, February 19, 2013).
Odia Wikipedia Community Brings Wikipedia Education Program to IIMC, Dhenkanal (by Subhashish Panigrahi, February 28, 2013).
Introductory Wikipedia session at BITS Goa (by Nitika Tandon, March 19, 2013).
Ahmednagar — Marathi Wikipedia Workshop (by Tanveer Hasan, March 18, 2013). This is a report contributed by the Centre for Study of Culture and Society.
Wiki Women's Day in Goa (by Nitika Tandon, March 19, 2013).
Indic Wikipedia Visualisation Project #1: Visualising Basic Parameters (by Sajjad Anwar and Sumandro Chattapadhyay, March 26, 2013).
Odia Wikipedia - Cuttack Community Meetup (by Subhashish Panigrahi, April 3, 2013).
Odia Wikipedia - Bhubaneswar Community Meetup (by Subhashish Panigrahi, April 4, 2013).
Indic Wikipedia Visualisation Project #2: Visualising Page Views and Project Pages (by Sajjad Anwar and Sumandro Chattapadhyay, April 22, 2013).
Indian WikiWomen celebrate Women’s History Month (by Netha Hussain, April 29, 2013). This is a guest blog post by Netha Hussain.
Odia Wikipedia: Needs Assessment (by Subhashish Panigrahi, May 11, 2013).
Access to Knowledge Work Plan: Synopsis of Feedback by Wikipedians (by Nitika Tandon, May 20, 2013).
Wikipedia Introductory Session organized for Data and India portal consultants (by Subhashish Panigrahi, May 30, 2013).
CIS Signs MOU with TISS, Mumbai (May 31, 2013).
A Telugu Wiki Meetup @ CIS, Bangalore (April 2013 - June 2014) (a guest blog post by S J Veera, June 2, 2013).
Access To Knowledge Work Plan (April 2013 - June 2014) (by T Vishnu Vardhan, June 10, 2013).
My First Wikipedia Training Workshop – Theatre Outreach Unit, University of Hyderabad (by T Vishnu Vardhan, June 19, 2013).
Wikipedia Visual Editor (by Nitika Tandon, June 27, 2013).
A 'Kannada' Wikipedia Workshop for Bloggers (by U B Pavanaja, June 28, 2013).

Press Coverage

Odisha: Odia Wikipedia workshop organized in Pune to promote Odia language (OdishaDiary.com, October 31, 2012).
‘Some Indian laws could be challenging’ (by Kalyan Subramani, Bangalore Mirror, November 15, 2012).
A Report of the Odia Wikipedia Workshop held in KMBB College of Engineering, Bhubaneswar (Sambad, November 19, 2012).
OdishaDiary conferred prestigious Odisha Youth Inspiration Award 2012 to Odia Wikipedia team (by Pravuprasad Routray, Orissa Diary, November 23, 2012).
A Report of Odia Wikipedia Workshop at IIT, Kharagpur (Samaja, Odia daily, Kolkata edition, December 3, 2012).
વિકિપીડિયા ગુજરાતી માં પણ છે (by Harsh Kothari, Cybersafar, November 28, 2012).A Report of Odia Wikipedia Workshop at IIT, Kharagpur (Samaja, Odia daily, Kolkata edition, December 3, 2012).
First Odia Wikipedia Education Program concludes at IIMC, Dhenkanal (OdishaDiary Bureau, January 27, 2013).
Odia Wikipedia's 9th Anniversary and Workshop on Application of Odia in Media (Sambad, January 30, 2013).
ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆର ନ‌ବମ ଜନ୍ମତିଥି ଅବସରରେ କର୍ମଶାଳା : ଇମିଡ଼ିଆରେ ଓଡ଼ିଆ ଭାଷାର ପ୍ର‌ୟୋଗ (Odishan.com, February 4, 2013).
ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆର ନ‌ବମ ଜନ୍ମତିଥି ଅବସରରେ କର୍ମଶାଳା : ଇମିଡ଼ିଆରେ ଓଡ଼ିଆ ଭାଷାର ପ୍ର‌ୟୋଗ (Sambad, February 4, 2013).
Odia language workshop organized on 9th Anniversary of Odia Wikipedia: Application of Odia language in e-media (Odishaviews.com, February 5, 2013).
Odisha: Workshop organized on 9th Anniversary of Odia language: Application of Odia language in e-media (Odishaviews.com, March 2, 2013).
Odisha: Workshop organized on 9th Anniversary of Odia language: Application of Odia language in e-media (India Education Diary.com, March 2, 2013).
Kannada Wikipedia Workshop, Mysore — Coverage in Prajavani (Prajavani, March 25, 2013).
CIS Celebrates 5 Years: A Report in Prajavani (Prajavani, May 24, 2013).
CIS Celebrates 5 Years: A Report in Udayavani (Prajavani, May 24, 2013).
A Feature on Wikipedia and Telugu Wikipedians on HMTV (Prajavani, May 30-31, 2013).
Wikipedia Live Phone-in Programme on HMTV (Prajavani, June 1, 2013).
Kannada Wikipedia Workshop at Hasan (Prajavani, June 5, 2013).
Kannada Wikipedia Workshop at Hasan (Samyukta Karnataka, June 5, 2013).
Kannada Wikipedia Workshop at Hasan (Vijaya Karnataka, June 5, 2013).
Wiki Rahasya: Panel Discussion on Suvarna News (Suvarna News 24x7, June 13, 2013).
Wiki donors (TimeOut Bengaluru, June 21, 2013).

Newsletters

The following newsletters have been published:

September 2012 Bulletin
October 2012 Bulletin
November 2012 Bulletin
December 2012 Bulletin
January 2013 Bulletin
February 2013 Bulletin
March 2013 Bulletin
April 2013 Bulletin
May 2013 Bulletin
June and July 2013 Bulletin (During this month the CIS-A2K Newsletter was redesigned based on feedback from the community and thus the June Newsletter was clubbed with July 2013).

Talk @ CIS

Wikipedia: State of Tech — A Talk by Erik Moeller (CIS, Bangalore, November 12, 2012). Erik Moeller, Vice President of Engineering and Product Development at the Wikimedia Foundation gave a talk on Wikipedia.

Section I: Budget Utilization

Currency in INR	2012-13 (Per month)	1st Year (10 months)	Budget Utilization (Sept. 2012 to June 2013)
People
Prg. Manager	1,17,000	1,170,000	1,170,000
Prg. Officer	58,800	5,88,000	580,000
Prg. Officer	1,44,000	14,40,000	1,008,000
Communications role	60,000	6,00,000	2,20,000
New Prg. Director	2,00,000	2,000,000	1,000,000
Consultant	34,500	3,45,000	2,76,000
Benefits – All	6,250	62,500	0
Staff costs	6,20,550	6,205,500	4,262,000
Rent	47,300	4,73,000	5,70,000
Janitorial	2,750	27,500	48,634
Utilities	7,500	75,000	61,836
Telephone	4,000	40,000	47,819
Office pantry	5,000	50,000	38,765
Office space	66,550	6,65,500	7,67,054
Travel
SF travel	77,726	7,77,257	1,81,887
Wikimania travel	0	0	0
Domestic travel	1,10,000	1,100,000	1,373,469
Travel	1,87,726	1,877,257	1,555,356
Printed materials	50,000	5,00,000	38,800
Design, Creative	55,000	5,50,000	1,25,400
Volunteer development	50,000	500,000	0
Postage & Mailing	2,500	25,000	5,800
Office supplies	7,500	75,000	50,192
General expenses	1,65,000	1,650,000	2,20,192
Total before fees	1,039,826	10,398,257	6,804,602
Admin fee	51,991	5,19,913	5,19,913
Program fee	51,991	5,19,913	5,19,913
Total	1,143,808	11,438,082	7,844,428

Notes:

The above table gives a picture of the A2K program budget utilization (un-audited) for the period Sept. 2012 to June 2013. Thus it is important that these figures be read as provisional figures, which could change post the statutory audit as per the Indian laws binding a Registered Society.
Approximately there is a 31% underspending of the Budget during the ten month period. This is mainly because of the transition of the program to CIS took sometime along with delays in the recruitment of the New Program Director. CIS-A2K has requested the WMF for a reallocation of the Budget since then.

Footnotes

[1]. Independent Report from Tory Read on India Education Program

[2]. Death and Post-mortem of Indian Education Program pilot. Wikimedia-India Mail archive

[3]. Most recent updates on the hiring of the Programme Director for the A2K programme. Wikimedia-India mail archive

[4]. The Access to Knowledge - Bulletin - January '13

[5]. Indic Wikipedia Visualisation Project #1: Visualising Basic Parameters

[6]. Indic Wikipedia Visualisation Project #2: Visualising Page Views and Project Pages

[7]. CIS-A2K Work Plan (Draft). Wikimedia-India mail archive

[8]. CIS-A2K Budget, Utilization Report and proposed revision. Wikimedia-India mail archive

For more details visit https://cis-india.org/openness/blog-old/cis-access-to-knowledge-narrative-report-september-2012-june-2013

Train the Trainer Program

subha — 2013-11-18T07:52:26Z

Wikipedians, about 20 of them, from 10 different cities, speaking 8 different languages, joined together for the first ever four days "Train the Trainer Program" organised by the Centre for Internet and Society's Access to Knowledge (CIS-A2K) team in Bangalore from October 3 to 6, 2013.

Read the original published on the Wikipedia meta page

CIS-A2K organised the residency training program to build capacities amongst different language Wikimedia communities. A good diversity of Wikipedians from various language communities such as Bengali, Gujarati, Sanskrit, Malayalam, Hindi, Marathi, Telugu, Odia, came over for the event.

CIS-A2K identified two prominent reasons for organizing the event: (1) Limitations of a virtual sphere, and (2) Limited number of Wikipedians leading outreach activities.

Limitations of a virtual sphere
Most open source communities face problem of a lack of time and space for sharing ideas in a non-virtual sphere. Similary Wikipedians, who are voluntary contributors and authors of the articles posted on Wikipedia merely get time and opportunity to meet fellow editors because of the limitations of a virtual platform on which Wikipedia is built. There are twelve active Indian language Wikimedia communities that are spread across the world and moving the bandwagon of collaborating with each other and carving their historic mark of compiling the world's largest encyclopaedia and its other sister projects. To keep this movement alive there is a need of cross-sharing ideas of working together for a common goal and strengthening the leaders of these communities.

Limited number of Wikipedians leading outreach activities
Only a handful of Wikipedians devote their time in leading outreach activities and bringing new blood to the community. Indian language Wikimedia communities are in need of empowering Wikipedians who would lead outreach sessions in order to expand their editor community and strengthen their language projects.

The inception of this program began with the discussion of organizing a training program for the Wikipedians who are willing to conduct more activities in their home cities. Finally on October 3, 2013, Bangalore heard the voices of prominent Wikipedians from Punjab, West Bengal, Odisha, Andhra Pradesh, Gujarat, Maharashtra, Karnataka and Kerala. The Wikipedians delivered presentations on various topics such as — why Wikipedia is needed for the society, why Wikipedia in Indian languages, importance of starting new Wiki projects and so on.

Their presentation delivery skills were judged by Vishnu Vardhan and Nitika Tandon and all other community members present. They gave individual assessments and feedback for improvement towards the end of the day. Personal trainer Sachin Nagarajappa spent time with Wikipedians discussing mistakes that trainers do while conducting workshops and gradual improvement techniques for impactful outreach. Wikipedia is built on the concept of crowdsourcing and Malayalam Wikimedian Viswanathan Prabhakaran carried out a session about “Crowd Sourcing from the Future” explaining the various layers of crowdsourced projects.

The first day ended with a task where different language Wikipedians formed groups to prepare presentations for the following day.


Above: Wikipedians Satdeep Gill, Shyamal Lakshminarayan and Shubha during at the CIS-A2K Train-the-Trainer Program (by Subhashish Panigrahi, CC-BY-SA 3.0)

Groups were given a challenge of imagining the audience as new wikipedians. Five groups presented on the second day. Sachin conducted an advanced presentation skill improvement workshop based on the inputs from the participants and the assessment of the group presentations. Veteran Wikipedian Hari Prasad Nadig shared learnings from Challenges & Opportunities in building an Indian Language Community online. Open source activist and CIS's Executive Director Sunil Abraham conducted two sessions — a spectrogram based activity to simplify the "Criticality of Neutral Point of View" and an interactive session called “Speed Geeking” on offline and online outreach followed by a one-on-one discussion on the presentation skill improvement.

Typing in Indian languages is not easy especially when it comes to multiple typing layout standards followed in the public and private sectors in India. Dr. U.B.Pavanaja conducted a session on Unicode standard for Indian languages and its usefulness with a brief context on the fonts and their different operating systems. Social media expert and Wikimedian Tinu Cherian shared the secrets of popularizing Indian language Wikipedias and bringing outstanding contributors to the limelight, how media played an important role in showcasing initiatives for free encyclopaedic content contribution in India and tips of social media. With fun activities Vishnu Vardhan shared case studies of making Wikipedia workshops interesting. Wikimedia Foundation board member and writer Achal Prabhala shared stories of documenting Oral traditions in Kerala and South Africa for Wikipedia referencing and how copyright laws evolved in the context of copyright issues that Wikipedia contributors face. Achal also threw light on content donation on WikiSource and other platforms that would be useful for people to consume for knowledge production on diverse platforms where Wikipedia could play a central role. Viswanathan and Subhashish Panigrahi demonstrated how to set up a handheld digital camera based prop to easily digitize books without using any scanner and then create electronic books.

The most vital part of Wikipedia articles is referencing. Wikimedian Shyamal Lakshminarayan demonstrated how finding sources of references and citing them for the facts on Wikipedia could be made easier through detailed research and by using several tools available. Wikimedia India's founding member and veteran Telugu Wikipedian Arjuna Rao Chavala gave a talk about the history and future plans of Wikimedia India. Wikipedians then went to M.G. Road boulevard to see the weaving work by Gandhians, Philately exhibition on Gandhi and spent some time with Namma Metro's staff to know about the metro operation. Dr. U.B. Pavanaja and Kannada Wikipedian Om Shivaprakash guided Wikipedians to the office of Deccan Herald Prajavani where they got to see the entire newspaper production and spent time with the technical staff to learn about the use of Kannada Unicode fonts for newspaper printing. Editors and staff at Prajavani got to know about the use of WikiCommons as a free image repository.

The four action filled days involved learning new concepts, training on presentation skills, collaborating to create outreach documents, sharing stories from different language communities, understanding new mediums of outreach, meeting Wikipedians from different cities and also having lots of fun. Wikipedians left Bangalore city with happy faces and we hope to cultivate new editors in their communities.

List of Participants

For more details visit https://cis-india.org/openness/blog-old/train-the-trainer-program

Spy Files 3: WikiLeaks Sheds More Light On The Global Surveillance Industry

maria — 2013-11-14T16:21:00Z

In this article, Maria Xynou looks at WikiLeaks' latest Spy Files and examines the legality of India's surveillance technologies, as well as their potential connection with India's Central Monitoring System (CMS) and implications on human rights.

Last month, WikiLeaks released “Spy Files 3”, a mass exposure of the global surveillance trade and industry. WikiLeaks first released the Spy Files in December 2011, which entail brochures, presentations, marketing videos and technical specifications on the global trade of surveillance technologies. Spy Files 3 supplements this with 294 additional documents from 92 global intelligence contractors.

So what do the latest Spy Files reveal about India?

When we think about India, the first issues that probably come to mind are poverty and corruption, while surveillance appears to be a more “Western” and elitist issue. However, while many other developing countries are excluded from WikiLeaks’ list of surveillance technology companies, India is once again on the list with some of the most controversial spyware.

ISS World Surveillance Trade Shows

The latest Spy Files include a brochure of the ISS World 2013 -the so-called “wiretapper’s ball”- which is the world’s largest surveillance trade show. This years ’ ISS World Asia will take place in Malaysia during the first week of December and law enforcement agencies from around the world will have another opportunity to view and purchase the latest surveillance tech. The leaked ISS World 2013 brochure entails a list of last years’ global attendees. According to the brochure, 53% of the attendees included law enforcement agencies and individuals from the defense, public safety and interior security sectors, 41% of the attendees were ISS vendors and technology integrators, while only 6% of the attendees were telecom operators and from the private enterprise. The brochure boasts that 4,635 individuals from 110 countries attended the ISS World trade shows last year and that the percentage of attendance is increasing.

The following table lists the Indian attendees at last years ’ ISS World:

Law Enforcement, Defense and Interior Security Attendees	Telecom Operators and Private Enterprises Attendees	ISS Vendors and Technology Integrators Attendees
Andhra Pradesh India Police	BT	AGC Networks
CBI Academy	Cogence Investment Bank	Aqsacom India
Government of India, Telecom Department	India Reliance Communications	ClearTrail Technologies
India Cabinet Secretariat	Span Telecom Pvt. Ldt.	Foundation Technologies
India Centre for Development of Telematics (C-DOT)		Kommlabs
India Chandigarh Police		Paladion Networks
India Defence Agency		Polaris Wireless
India General Police		Polixel Security Systems
India Intelligence Department		Pyramid Cyber Security
India National Institute of Criminology		Schleicher Group
India office LOKAYUKTA NCT DELHI		Span Technologies
India Police Department, A.P.		TATA India
India Tamil Nadu Police Department		Tata Consultancy Services
Indian Police Service, Vigilance		Telecommunications India
Indian Telecommunications Authority		Vehere Interactive
NTRO India
SAIC Indian Tamil Nadu Police

17 4 15

According to the above table - which is based on data from the WikiLeaks ’ ISS World 2013 brochure- the majority of Indian attendees at last years’ ISS World were from the law enforcement, defense and interior security sectors. 15 Indian companies exhibited and sold their surveillance technologies to law enforcement agencies from around the world and it is notable that India’s popular ISP provider, Reliance Communications, attended the trade show too.

In addition to the ISS World 2013 brochure, the Spy Files 3 entail a detailed brochure of a major Indian surveillance technology company: ClearTrail Technologies.

ClearTrail Technologies

ClearTrail Technologies is an Indian company based in Indore. The document titled “Internet Monitoring Suite ” from ClearTrail Technologies boasts about the company’s mass monitoring, deep packet inspection, COMINT, SIGINT, tactical Internet monitoring, network recording and lawful interception technologies. ClearTrail’s Internet Monitoring Suite includes the following products:

1. ComTrail: Mass Monitoring of IP and Voice Networks

ComTrail is an integrated product suite for centralized interception and monitoring of voice and data networks. It is equipped with an advanced analysis engine for pro-active analysis of thousands of connections and is integrated with various tools, such as Link Analysis, Voice Recognition and Target Location.

ComTrail is deployed within a service provider network and its monitoring function correlates voice and data intercepts across diverse networks to provide a comprehensive intelligence picture. ComTrail supports the capture, record and replay of a variety of Voice and IP communications in pretty much any type of communication, including - but not limited to- Gmail, Yahoo, Hotmail, BlackBerry, ICQ and GSM voice calls.

Additionally, ComTrail intercepts data from any type of network -whether Wireless, packet data, Wire line or VoIP networks- and can decode hundreds of protocols and P2P applications, including HTTP, Instant Messengers, Web-mails, VoIP Calls and MMS.

In short, ComTrail’s key features include the following:

- Equipped to handle millions of communications per day intercepted over high speed STM & Ethernet Links

- Doubles up as Targeted Monitoring System

- On demand data retention, capacity exceeding several years

- Instant Analysis across thousands of Terabytes

- Correlates Identities across multiple networks

- Speaker Recognition and Target Location

2. xTrail: Targeted IP Monitoring

xTrail is a solution for interception, decoding and analysis of high speed data traffic over IP networks and independently monitors ISPs/GPRS and 3G networks. xTrail has been designed in such a way that it can be deployed within minutes and enables law enforcement agencies to intercept and monitor targeted communications without degrading the service quality of the IP network. This product is capable of intercepting all types of networks -including wireline, wireless, cable, VoIP and VSAT networks- and acts as a black box for “record and replay” targeted Internet communications.

Interestingly enough, xTrail can filter based on a “pure keyword”, a URL/Domain with a keyword, an IP address, a mobile number or even with just a user identity, such as an email ID, chat ID or VoIP ID. Furthermore, xTrail can be integrated with link analysis tools and can export data in a digital format which can allegedly be presented in court as evidence.

In short, xTrail’s key features include the following:

- Pure passive probe

- Designed for rapid field operations at ISP/GPRS/Wi-Max/VSAT Network Gateways

- Stand-alone solution for interception, decoding and analysis of multi Gigabit IP traffic

- Portable trolley based for simplified logistics, can easily be deployed and removed from any network location

- Huge data retention, rich analysis interface and tamper proof court evidence

- Easily integrates with any existing centralized monitoring system for extended coverage

3. QuickTrail: Tactical Wi-Fi Monitoring

Some of the biggest IP monitoring challenges that law enforcement agencies face include cases when targets operate from public Internet networks and/or use encryption.

QuickTrail is a device which is designed to gather intelligence from public Internet networks, when a target is operating from a cyber cafe, a hotel, a university campus or a free Wi-Fi zone. In particular, QuickTrail is equipped with multiple monitoring tools and techniques that can help intercept almost any wired, Wi-Fi or hybrid Internet network so that a target communication can be monitored. QuickTrail can be deployed within fractions of seconds to intercept, reconstruct, replay and analyze email, chat, VoIP and other Internet activities of a target. This device supports real time monitoring and wiretapping of Ethernet LANs.

According to ClearTrail’s brochure, QuickTrail is a “all-in-one” device which can intercept secured communications, know passwords with c-Jack attack, alert on activities of a target, support active and passive interception of Wi-Fi and wired LAN and capture, reconstruct and replay. It is noteworthy that QuickTrail can identify a target machine on the basis of an IP address, MAC ID, machine name, activity status and several other parameters. In addition, QuickTrail supports protocol decoding, including HTTP, SMTP, POP3 and HTTPS. This device also enables the remote and central management of field operations at geographically different locations.

In short, QuickTrail’s key features include the following:

- Conveniently housed in a laptop computer

- Intercepts Wi-Fi and wired LANs in five different ways

- Breaks WEP, WPA/WPA2 to rip-off secured Wi-Fi networks

- Deploys spyware into a target’s machine

- Monitor’s Gmail, Yahoo and all other HTTPS-based communications

- Reconstructs webmails, chats, VoIP calls, news groups and social networks

4. mTrail: Off-The-Air Interception

mTrail offers active and passive ‘off-the-air’ interception of GSM 900/1800/1900 Mhz phone calls and data to meet law enforcement surveillance and investigation requirements. The mTrail passive interception system works in the stealth mode so that there is no dependence on the network operator and so that the target is unaware of the interception of its communications.

The mTrail system has the capability to scale from interception of 2 channels (carrier frequencies) to 32 channels. mTrail can be deployed either in a mobile or fixed mode: in the mobile mode the system is able to fit into a briefcase, while in the fixed mode the system fits in a rack-mount industrial grade chassis.

Target location identification is supported by using signal strength, target numbers, such as IMSI, TIMSI, IMEI or MSI SDN, which makes it possible to listen to the conversation on so-called “lawfully intercepted” calls in near real-time, as well as to store all calls. Additionally, mTrail supports the interception of targeted calls from pre-defined suspect lists and the monitoring of SMS and protocol information.

In short, mTrail’s key features include the following:

- Designed for passive interception of GSM communications

- Intercepts Voice and SMS “off-the-air”

- Detects the location of the target

- Can be deployed as a fixed unit or mounted in a surveillance van

- No support required from GSM operator

5. Astra: Remote Monitoring and Infection framework

“Astra ” is a remote monitoring and infection framework which incorporates both conventional and proprietary infection methods to ensure bot delivery to the targeted devices. It also offers a varied choice in handling the behavior of bots and ensuring non-traceable payload delivery to the controller.

The conventional methods of infection include physical access to a targeted device by using exposed interfaces, such as a CD-ROM, DVD and USB ports, as well as the use of social media engineering techniques. However, Astra also supports bot deployment without requiring any physical access to the target device.

In particular, Astra can push bot to any targeted machine sharing the same LAN (wired, wi-fi or hybrid). The SEED is a generic bot which can identify a target’s location, log keystrokes, capture screen-shots, capture Mic, listen to Skype calls, capture webcams and search the target’s browsing history. Additionally, the SEED bot can also be remotely activated, deactivated or terminated, as and when required. Astra allegedly provides an un-traceable reporting mechanism that operates without using any proxies, which overrules the possibility of getting traced by the target.

Astra’s key features include the following:

- Proactive intelligence gathering

- End-to-end remote infection and monitoring framework

- Follow the target, beat encryption, listen to in-room conversations, capture keystrokes and screen shots

- Designed for centralized management of thousands of targets

- A wide range of deployment mechanisms to optimize success ration

- Non-traceable, non-detectable delivery mechanism

- Intrusive yet stealthy

- Easy interface for handling most complex tasks

- Successfully tested over the current top 10 anti-virus available in the market

- No third party dependencies

- Free from any back-door intervention

ClearTrail Technologies argue that they meet lawful interception regulatory requirements across the globe. In particular, they claim that their products are compliant with ETSI and CALEA regulations and that they are efficient to cater to region specific requirements as well.

The latest Spy Files also include data on foreign surveillance technology companies operating in India, such as Telesoft Technologies, AGT International and Verint Systems. In particular, Verint Systems has its headquarters in New York and offices all around the world, including Bangalore in India. Founded in 1994 and run by Dan Bodner, Verint Systems produces a wide range of surveillance technologies, including the following:

- Impact 360 Speech Analytics

- Impact 360 Text Analytics

- Nextiva Video Management Software (VMS)

- Nextiva Physical Security Information Management (PSIM)

- Nextiva Network Video Recorders (NVRs)

- Nextiva Video Business Intelligence (VBI)

- Nextiva Surveillance Analytics

- Nextiva IP cameras

- CYBERVISION Network Security

- ENGAGE suite

- FOCAL-INFO (FOCAL-COLLECT & FOCAL-ANALYTICS)

- RELIANT

- STAR-GATE

- VANTAGE

While Verint Systems claims to be in compliance with ETSI, CALEA and other worldwide lawful interception and standards and regulations, it remains unclear whether such products successfully help law enforcement agencies in tackling crime and terrorism, without violating individuals’ right to privacy and other human rights. After all, Verint Systems has participated in ISS World Trade shows which exhibit some of the most controversial spyware in the world, used to target individuals and for mass surveillance.

And what do the latest Spy Files mean for India?

Why is it even important to look at the latest Spy Files? Well, for starters, they reveal data about which Indian law enforcement agencies are interested in surveillance and which companies are interested in selling and/or buying the latest spy gear. And why is any of this important? I can think of three main reasons:

1. The Central Monitoring System (CMS)

2. Is any of this surveillance even legal in India?

3. Can such surveillance result in the violation of human rights?

Spy Files 3...and the Central Monitoring System (CMS)

Following the Mumbai 2008 terrorist attacks, the Telecom Enforcement, Resource and Monitoring (TREM) cells and the Centre for Development of Telematics (C-DOT) started preparing the Central Monitoring System (CMS ). As of April 2013, this project is being manned by the Intelligence Bureau, while agencies which are planned to have access to it include the Research & Analysis Wing (RAW) and the Central Bureau of Investigation (CBI). ISP and Telecom operators are required to install the gear which enables law enforcement agencies to carry out the Central Monitoring System under the Unified Access Services (UAS ) License Agreement.

The Central Monitoring System aims at centrally monitoring all telecommunications and Internet communications in India and its estimated cost is Rs . 4 billion. In addition to equipping government agencies with Direct Electronic Provisioning, filters and alerts on the target numbers, the CMS will also enable Call Data Records (CDR) analysis and data mining to identify personal information of the target numbers. The CMS supplements regional Internet Monitoring Systems , such as that of Assam, by providing a nationwide monitoring of telecommunications and Internet communications, supposedly to assist law enforcement agencies in tackling crime and terrorism.

However, data monitored and collected through the CMS will be stored in a centralised database, which could potentially increase the probability of centralized cyber attacks and thus increase, rather than reduce, threats to national security. Furthermore, some basic rules of statistics indicate that the bigger the amount of data , the bigger the probability of an error in matching profiles, which could potentially result in innocent people being charged with crimes they did not commit. And most importantly: the CMS currently lacks adequate legal oversight, which means that it remains unclear how monitored data will be used. The UAS License Agreement regarding the CMS mandates mass surveillance by requiring ISPs and Telecom operators to enable the monitoring and interception of communications. However, targeted and mass surveillance through the CMS not only raises serious questions around its legality, but also creates the potential for abuse of the right to privacy and other human rights.

Interestingly enough, Indian law enforcement agencies which attended last years ’ ISS World trade shows are linked to the Central Monitoring System. In particular, last years’ law enforcement, defense and interior security attendees include the Centre for Development of Telematics (C-DOT) and the Department of Telecommunications, both of which prepared the Central Monitoring System. The list of attendees also includes India’s Intelligence Bureau, which is manning the CMS, as well as the agencies which will have access to the CMS: the Central Bureau of Investigation (CBI), the Research and Analysis Wing (RAW), the National Technical Research Organization (NTRO) and various other state police departments and intelligence agencies.

Furthermore, Spy Files 3 entail a list of last years ’ ISS World security company attendees, which includes several Indian companies. Again, interestingly enough, many of these companies may potentially be aiding law enforcement with the technology to carry out the Central Monitoring System. ClearTrail Technologies, in particular, provides solutions for targeted and mass monitoring of IP and voice networks, as well as remote monitoring and infection frameworks - all of which would potentially be perfect to aid the Central Monitoring System.

In fact, ClearTrail states in its brochure that its ComTrail product is equipped to handle millions of communications per day, while its xTrail product can easily be integrated with any existing centralised monitoring system for extended coverage. And if that’s not enough, ClearTrail’s “Astra ” is designed for the centralized management of thousands of targets. While there may not be any concrete proof that ClearTrail is indeed aiding the Centralized Monitoring System, the facts speak for themselves: ClearTrail is an Indian company which sells target and mass monitoring products to law enforcement agencies. The Centralized Monitoring System is currently being implemented. What are the odds that ClearTrail is not equipping the CMS? And what are the odds that such technology is not being used for other mass electronic surveillance programmes, such as the Lawful Intercept and Monitoring (LIM)?

Spy Files 3...and the legality of India’s surveillance technologies

ClearTrail Technologies’ brochure -the only leaked document on Indian surveillance technology by the latest Spy Files- states that the company complies with ETSI and CALEA regulations. While it’s clear that the company complies with U.S. and European regulations on the interception of communications to attract more customers in the international market, such regulations don’t really apply within India, which is part of ClearTrail’s market. Notably enough, ClearTrail does not mention any compliance with Indian regulations in its brochure. So let’s have a look at them.

India has five laws which regulate surveillance:

1. The Indian Telegraph Act, 1885

2. The Indian Post Office Act, 1898

3. The Indian Wireless Telegraphy Act, 1933

4. The Code of Criminal Procedure (CrPc ), 1973: Section 91

5. The Information Technology (Amendment ) Act, 2008

The Indian Post Offices Act does not cover electronic communications and the Indian Wireless Telegraphy Act lacks procedures which would determine if surveillance should be targeted or not. Neither the Indian Telegraph Act nor the Information Technology (Amendment ) Act cover mass surveillance, but are both limited to targeted surveillance. Moreover, targeted interception in India according to these laws requires case-by-case authorization by either the home secretary or the secretary department of information technology. In other words, unauthorized, limitless, mass surveillance is not technically permitted by law in India.

The Indian Telegraph Act mandates that the interception of communications can only be carried out on account of a public emergency or for public safety. However, in 2008, the Information Technology Act copied most of the interception provisions of the Indian Telegraph Act, but removed the preconditions of public emergency or public safety, and instead expanded the power of the government to order interception for the “investigation of any offense”.

The interception of Internet communications is mainly covered by the 2009 Rules under the Information Technology Act 2008 and Sections 69 and 69 B are particularly noteworthy. According to these Sections, an Intelligence Bureau officer who leaked national secrets may be imprisoned for up to three years, while Section 69 not only allows for the interception of any information transmitted through a computer resource, but also requires that users disclose their encryption keys upon request or face a jail sentence of up to seven years.

While these laws allow for the interception of communications and can be viewed as widely controversial, they do not technically permit the mass surveillance of communications. In other words, ClearTrail’s products, such as ComTrail, which enable the mass interception of IP networks, lack legal backing. However, the Unified Access Services (UAS ) License Agreement regarding the Central Monitoring System mandates mass surveillance and requires ISP and Telecom operators to comply.

Through the licenses of the Department of Telecommunications, Internet service providers, cellular providers and telecoms are required to provide the Government of India direct access to all communications data and content even without a warrant, which is not permitted under the laws on interception. These licenses also require cellular providers to have ‘bulk encryption’ of less than 40 bits, which means that potentially any person can use off-the-air interception to monitor phone calls. However, such licenses do not regulate the capture of signal strength, target numbers like IMSI, TIMSI, IMEI or MSI SDN, which can be captured through ClearTrail’s mTrail product.

More importantly, following allegations that the National Technical Research Organization (NTRO) had been using off-the-air interception equipment to snoop on politicians in 2011, the Home Ministry issued a directive to ban the possession or use of all off-the-air phone interception gear. As a result, the Indian Government asked the Customs Department to provide an inventory of all all such equipment imported over a ten year period, and it was uncovered that as many as 73,000 pieces of equipment had been imported. Since, the Home Ministry has informed the heads of law enforcement agencies that there has been a compete ban on use of such equipment and that all those who possess such equipment and fail to inform the Government will face prosecution and imprisonment. In short, ClearTrail's product, mTrail, which undertakes off-the-air phone monitoring is illegal and Indian law enforcement agencies are prohibited from using it.

ClearTrail’s “Astra ” product is capable of remote infection and monitoring, which can push bot to any targeted machine sharing the same LAN. While India’s ISP and telecommunications licenses generally provide some regulations, they appear to be inadequate in regulating specific surveillance technologies which have the capability to target machines and remotely monitor them. Such licenses mandate mass surveillance, but legally, wireless communications are completely unregulated, which raises the question of whether the interception of public Internet networks is allowed. In other words, it is not clear if ClearTrail’s QuickTrail is technically legal or not. The UAS License agreement mandates mass surveillance, and while the law does not prohibit it, it does not mandate mass surveillance either. This remains a grey area.

The issue of data retention arises from ClearTrail ’s leaked brochure. In particular, ClearTrail states in its brochure that ComTrail - which undertakes mass monitoring of IP and Voice networks - retains data upon request, with a capacity that exceeds several years. xTrail - for targeted IP monitoring - has the ability to retain huge volumes of data which can potentially be used as proof in court. However, India currently lacks privacy legislation which would regulate data retention, which means that data collected by ClearTrail could potentially be stored indefinitely.

Section 7 of the Information Technology (Amendment) Act, 2008, deals with the retention of electronic records. However, this section does not state a particular data retention period, nor who will have authorized access to data during its retention, who can authorize such access, whether retained data can be shared with third parties and, if so, under what conditions. Section 7 of the Information Technology (Amendment) Act, 2008, appears to be incredibly vague and to fail to regulate data retention adequately.

Data retention requirements for service providers are included in the ISP and UASL licenses and, while they clarify the type of data they retain, they do not specify adequate conditions for data retention. Due to the lack of data protection legislation in India, it remains unclear how long data collected by companies, such as ClearTrail, would be stored for, as well as who would have authorized access to such data during its retention period, whether such data would be shared with third parties and disclosed and if so, under what conditions.

India currently lacks specific regulations for the use of various types of technologies, which makes it unclear whether ClearTrail ’s spy products are technically legal or not. It is clear that ClearTrail’s mass interception products, such as ComTrail, are not legalized - since Indian laws allow for targeted interception- but they are mandated through the UAS License agreement regarding the Central Monitoring System.

In short, the legality of ClearTrail’s surveillance technologies remains ambiguous. While India’s ISP and telecom licenses and the UAS License Agreement mandate mass surveillance, the laws - particularly the 2009 Information Technology Rules- mandate targeted surveillance and remain silent on the issue of mass surveillance. Technically, this does not constitute mass surveillance legal or illegal, but rather a grey area. Furthermore, while India ’s Telegraph Act, Information Technology Act and 2009 Rules allow for the interception, monitoring and decryption of communications and surveillance in general, they do not explicitly regulate the various types of surveillance technologies, but rather attempt to “legalize” them through the blanket term of surveillance.

One thing is clear: India’s license agreements ensure that all ISPs and telecom operators are a part of the surveillance regime. The lack of regulations for India’s surveillance technologies appear to create a grey zone for the expansion of mass surveillance in the country. According to Saikat Datta, an investigative journalist, a senior privacy telecom official stated:

“Do you really think a private telecom company can stand up to the government or any intelligence agency and cite law if they want to tap someone’s phone?”

Spy Files 3...and human rights in India

The facts speak for themselves. The latest Spy Files confirm that the same agencies involved in the development of the Central Monitoring System (CMS) are also interested in the latest surveillance technology sold in the global market. Spy Files 3 also provide data on one of India’s largest surveillance technology companies, ClearTrail, which sells a wide range of surveillance technologies to law enforcement agencies around the world. And Spy Files 3 show us exactly what these technologies can do.

In particular, ClearTrail’s ComTrail provides mass monitoring of IP and voice networks, which means that law enforcement agencies using it are capable of intercepting millions of communications every day through Gmail, Yahoo, Hotmail and others, of correlating our identities across networks and of targeting our location. xTrail enables law enforcement agencies to monitor us based on our “harmless” metadata, such as our IP address, our mobile number and our email ID. Think our data is secure when using the Internet through a cyber cafe? Well QuickTrail proves us wrong, as it’s able to assist law enforcement agencies in monitoring and intercepting our communications even when we are using public Internet networks.

And indeed, carrying a mobile phone is like carrying a GPS device, especially since mTrail provides law enforcement with off-the-air interception of mobile communications. Not only can mTrail target our location, listen to our calls and store our data, but it can also undertake passive off-the-air interception and monitor our voice, SMS and protocol information. Interestingly enough, mTrail also intercepts targeted calls from a predefined suspect list. The questions though which arise are: who is a suspect? How do we even know if we are suspects? In the age of the War on Terror, potentially anyone could be a suspect and thus potentially anyone’s mobile communications could be intercepted. After all, mass surveillance dictates that we are all suspicious until proven innocent .

And if anyone can potentially be a suspect, then potentially anyone can be remotely infected and monitored by Astra. Having physical access to a targeted device is a conventional surveillance mean of the past. Today, Astra can remotely push bot to our laptops and listen to our Skype calls, capture our Webcams, search our browsing history, identify our location and much more. And why is any of this concerning? Because contrary to mainstream belief, we should all have something to hide !

Privacy protects us from abuse from those in power and safeguards our individuality and autonomy as human beings. If we are opposed to the idea of the police searching our home without a search warrant, we should be opposed to the idea of our indiscriminate mass surveillance. After all, mass surveillance - especially the type undertaken by ClearTrail ’s products - can potentially result in the access, sharing, disclosure and retention of data much more valuable than that acquired by the police searching our home. Our credit card details, our photos, our acquaintances, our personal thoughts and opinions, and other sensitive personal information can usually be found in our laptops, which potentially can constitute much more incriminating information than that found in our homes.

And most importantly: even if we think that we have nothing to hide, it’s really not up to us to decide: it’s up to data analysts. While we may think that our data is “harmless”, a data analyst linking our data to various other people and search activities we have undertaken might indicate otherwise. Five years ago, a UK student studying Islamic terrorism for his Masters dissertation was detained for six days . The student may not have been a terrorist, but his data said this: “Young, male, Muslim... who is downloading Al-Qaeda’s training material” - and that was enough for him to get detained. Clearly, the data analysts mining his online activity did not care about the fact that the only reason why he was downloading Al-Qaeda material was for his Masters dissertation. The fact that he was a male Muslim downloading terrorist material was incriminating enough.

This incident reveals several concerning points: The first is that he was clearly already under surveillance, prior to downloading Al-Qaeda’s material. However, given that he did not have a criminal record and was “just a Masters student in the UK”, there does not appear to be any probable cause for his surveillance in the first place. Clearly he was on some suspect list on the premise that he is male and Muslim - which is a discriminative approach. The second point is that after this incident, it is likely that some male Muslims may be more cautious about their online activity - with the fear of being on some suspect list and eventually being prosecuted because their data shows that “they’re a terrorist”. Thus, mass surveillance today appears to also have implications on freedom of expression. The third point is that this incident reveals the extent of mass surveillance, since even a document downloaded by a Masters student is being monitored.

This case proves that innocent people can potentially be under surveillance and prosecuted, as a result of mass, indiscriminate surveillance. Anyone can potentially be a suspect today, and maybe for the wrong reasons. It does not matter if we think our data is “harmless”, but what matters is who is looking at our data, when and why. Every bit of data potentially hides several other bits of information which we are not aware of, but which will be revealed within a data analysis. We should always “have something to hide ”, as that is the only way to protect us from abuse by those in power.

In the contemporary surveillance state, we are all suspects and mass surveillance technologies, such as the ones sold by ClearTrail, can potentially pose major threats to our right to privacy, freedom of expression and other human rights. And probably the main reason for this is because surveillance technologies in India legally fall in a grey area. Thus, it is recommended that law enforcement agencies in India regulate the various types of surveillance technologies in compliance with the International Principles on Communications Surveillance and Human Rights.

Spy Files 3 show us why our human rights are at peril and why we should fight for our right to be free from suspicion.

This article was cross-posted in Medianama on 6th November 2013.

For more details visit https://cis-india.org/internet-governance/blog/spy-files-three

An Analysis of the Cases Filed under Section 46 of the Information Technology Act, 2000 for Adjudication in the State of Maharashtra

bhairav — 2013-10-01T15:29:46Z

This is a brief review of some of the cases related to privacy filed under section 46 of the Information Technology Act, 2000 ("the Act") seeking adjudication for alleged contraventions of the Act in the State of Maharashtra.

Background

Section 46 of the Act grants the Central Government the power to appoint an adjudicating officer to hold an enquiry to adjudge, upon complaints being filed before that adjudicating officer, contraventions of the Act. The adjudicating officer may be of the Central Government or of the State Government [see section 46(1) of the Act], must have field experience with information technology and law [see section 46(3) of the Act] and exercises jurisdiction over claims for damages up to `5,00,00,000 [see section 46(1A) of the Act]. For the purpose of adjudication, the officer is vested with certain powers of a civil court [see section 46(5) of the Act] and must follow basic principles of natural justice while conducting adjudications [see section 46(2) of the Act]. Hence, the adjudicating officer appointed under section 46 is a quasi-judicial authority.

In addition, the quasi-judicial adjudicating officer may impose penalties, thereby vesting him with some of the powers of a criminal court [see section 46(2) of the Act], and award compensation, the quantum of which is to be determined after taking into account factors including unfair advantage, loss and repeat offences [see section 47 of the Act]. The adjudicating officer may impose penalties for any of the offences described in section 43, section 44 and section 45 of the Act; and, further, may award compensation for losses suffered as a result of contraventions of section 43 and section 43A. The text of these sections is reproduced in the Schedule below. Further law as to the appointment of the adjudicating officer and the procedure attendant on all adjudications was made by Information Technology (Qualification and Experience of Adjudicating Officers and the Manner of Holding Enquiry) Rules, 2003.[1]

It is clear that the adjudicating officer is vested with significant judicial powers, including the power to enforce certain criminal penalties, and is an important quasi-judicial authority.

Excursus

At the outset, it is important to understand the distinction between compensation and damages. Compensation is a sum of money awarded by a civil court, before or along with the primary decree, to indemnify a person for injury or loss. It is usually awarded to a person who has a suffered a monetary loss as a result of the acts or omissions of another party. Its quantification is usually guided by principles of equity. [See Shantilal Mangaldas AIR 1969 SC 634 and Ranbir Kumar Arora AIR 1983 P&H 431]. On the hand, damages are punitive and, in addition to restoring an indemnitee to wholeness, may be imposed to deter an offender, punish exemplary offences, and recover consequential losses, amongst other objectives. Damages that are punitive, while not judicially popular in India, are usually imposed by a criminal court in common law jurisdictions. They are distinct from civil and equitable actions. [See the seminal case of The Owners of the Steamship Mediana [1900] AC 113 (HL)].

Unfortunately, section 46 of the Act uses the terms “damage”, “injury” and “compensation” interchangeably without regard for the long and rich jurisprudence that finds them to be different concepts.

The Cases related to Privacy

In the State of Maharashtra, there have been a total of 47 cases filed under section 46 of the Act. Of these, 33 cases have been disposed of by the Adjudicating Officer and 14 are currently pending disposal. [2] At least three of these cases before the Adjudicating Officer deal with issues related to privacy of communications and personal data. They are:

Case Title	Forum	Date
Vinod Kaushik v. Madhvika Joshi	Shri Rajesh Aggarwal Adjudicating Officer, ex-officio Secretary, IT Government of Maharashtra	10.10.2011
Amit D. Patwardhan v. Rud India Chains	Shri Rajesh Aggarwal Adjudicating Officer, ex-officio Secretary, IT Government of Maharashtra	15.04.2013
Nirmalkumar Bagherwal v. Minal Bagherwal	Shri Rajesh Aggarwal Adjudicating Officer, ex-officio Secretary, IT Government of Maharashtra	26.08.2013

In all three cases the Adjudicating Officer was called upon to determine and penalise unauthorised access to personal data of the complainants. In the Vinod Kaushik case, the complainants’ emails and chat sessions were accessed, copied and made available to the police for legal proceedings without the permission of the complainants. In the Amit Patwardhan and Nirmalkumar Bagherwal cases, the complainants’ financial information in the form of bank account statements were obtained from their respective banks without their consent and used against them in legal proceedings.

The Vinod Kaushik complaint was filed in 2010 for privacy violations committed between 2008 and 2009. The complaint was made against the complainant’s daughter-in-law – the respondent, who was estranged from her husband, the complainant’s son. The respondent had, independent of the proceedings before the Adjudicating Officer, instituted criminal proceedings alleging cruelty and dowry-related harassment against her estranged husband and the complainant. To support some of the claims made in the criminal proceedings, the respondent accessed the email accounts of her estranged husband and the complainant and printed copies of certain communications, both emails and chat transcripts. The complaint to the Adjudicating Officer was made in relation to these emails and chat transcripts that were obtained without the consent and knowledge of the complainant and his son. On 09.08.2010, the then Adjudicating Officer dismissed the complaint after finding that, owing to the marriage between the respondent and the complainant’s son, there was a relation of mutual trust between them that resulted in the complainant and his son consensually sharing their email account passwords with the respondent. This ruling was appealed to the Cyber Appellate Tribunal ("CyAT") which, in a decision of 29.06.2011, found irregularities in the complainant’s son’s privity to the proceedings and remanded the complaint to the Adjudicating Officer for re-adjudication. The re-adjudication, which was conducted by Shri Rajesh Aggarwal as Adjudicating Officer, resulted in a final order of 10.10.2011 ("the final order") that is the subject of this analysis. The final order found that the respondent had violated the privacy of the complainant and his son by her unauthorised access of their email accounts and sharing of their private communications. However, the Adjudicating Officer found that the intent of the unauthorised access – to obtain evidence to support a criminal proceeding – was mitigatory and hence ordered the respondent to pay only a small token amount in compensation, not to the complainants but instead to the State Treasury. The Delhi High Court, which was moved in appeal because the CyAT was non-functional, upheld the final order in its decision of 27.01.2012.

The Amit Patwardhan complaint was filed against the complainant’s ex-employer – the respondent, for illegally obtaining copies of the complainant’s bank account statement. The complainant had left the employ of the respondent to work with a competing business company but not before colluding with the competing business company and diverting the respondent’s customers to them. For redress, the respondent filed suit for a decree of compensation and lead the complainant’s bank statements in evidence to prove unlawful gratification. Since the bank statements were obtained electronically by the respondent without the complainant’s consent, the jurisdiction of the Adjudicating Officer was invoked. In his order of 15.04.2013, Shri Rajesh Aggarwal, the Adjudicating Officer, found that the respondent had, by unlawfully obtaining the complainant’s bank account statements which constitute sensitive personal data, violated the complainant’s privacy. The Adjudicating Officer astutely applied the equitable doctrine of clean hands to deny compensation to the complainant; however, because the complainant’s bank was not a party to the complaint, the Adjudicating Officer was unable to make a ruling on the lack of action by the bank to protect the sensitive personal data of its depositors.

The Nirmalkumar Bagherwal complaint bears a few similarities to the preceding two cases. Like the Vinod Kaushik matter, the issue concerned the manner in which a wife, estranged but still legally married, accessed electronic records of personal data of the complainants; and, like the Amit Patwardhan matter, the object of the privacy violation was the bank account statements of the complainants that constitute sensitive personal data. The respondent was the estranged wife of one of the complainants who, along with his complainant father, managed the third complainant company. To support her claim for maintenance from the complainant and his family in an independent legal proceeding, the respondent obtained certain bank account statements of the complainants without their consent and, possibly, with the collusion of the respondent bank. After reviewing relevant law from the European Union and the United States, and observant of relevant sectoral regulations applicable in India including the relevant Master Circular of the Reserve Bank of India, and further noting preceding consumer case law on the subject, the Adjudicating Officer issued an order on 26.08.2013. The order found that the complainant’s right to privacy was violated by both the respondents but, while determining the quantum of compensation, distinguished between the respondents in respect of the degree of liability; the respondent wife was ordered to pay a token compensation amount while the respondent bank was ordered to pay higher compensation to each of the three complainants individually.

The high quality of each of the three orders bears specific mention. Despite the superb quality of the judgments of the Indian higher judiciary in the decades after independence, the overall quality of judgment-writing appears to have declined. [3] In the last decade, several Indian judges have called for higher standards of judgment writing from their fellow judges. [4] In this background, it is notable that Shri Rajesh Aggarwal, despite not being a member of the judiciary, has delivered well-reasoned, articulate and clear orders that are cognisant of legal issues and also easily understandable to a non-legal reader.

In each of these cases, the Adjudicating Officer has successfully navigated around the fact that none of the primary parties were interacting and transacting at arm’s length. In the Vinod Kaushik and Nirmalkumar Bagherwal matters, the primary parties were estranged but still legally married partners and in the Amit Patwardhan matter the parties were in an employer-employee relationship. The first Adjudicating Officer in the Vinod Kaushik matter failed, in his order of 09.08.2010, to appreciate that the individual communications of individual persons were privileged by an expectation of privacy, regardless of their relationship. Hence, despite acknowledging that the marital partners in that matter were in conflict with each other, and despite being told by one party that the other party’s access to those private communications was made without consent, the Adjudicating Officer allowed his non-judicial opinion of marriage to influence his order. This mistake was corrected when the matter was remanded for re-adjudication. In the re-adjudication, the new Adjudicating Officer correctly noted that the respondent wife could have chosen to approach the police or a court to follow the proper investigative procedure for accessing emails and other private communications of another person and that her unauthorised use of the complainant’s passwords amounted to a violation of their privacy.

Popular conceptions of different types of relationships may affect the (quasi) judicial imagination of privacy. In comparison to the Vinod Kaushik matter, the Nirmalkumar Bagherwal and Amit Patwardhan matters both dealt with unauthorised access to bank account statements, by a wife and by an ex-employer respectively. In any event, the same Adjudicating Officer presided over all three matters and correctly found that the facts in all three matters admitted to contraventions of the privacy of the complainants. The conjecture as to whether the first Adjudicating Officer in the Vinod Kaushik matter would have applied the same standard of family unity to unauthorised access of bank account statements by an estranged wife who was seeking maintenance remains untested. However, the reliance placed on the decision of the Delhi State Consumer Protection Commission in the matter of Rupa Mahajan Pahwa, [5] where the Commission found that unauthorised access to a bank pass book by an estranged husband violated the privacy of the wife, would suggest that judges clothe financial information with a standard of privacy higher than that given to emails.

Emails are a form of electronic communication. The PUCL case (Supreme Court of India, 1996)[6] while it did not explicitly deal with the standard of protection accorded to emails, held that personal communications were protected by an individual right to privacy that emanated from the protection of personal liberty guaranteed under Article 21 of the Constitution of India. Following the Maneka Gandhi case (Supreme Court of India, 1978)[7]

it is settled that persons may be deprived of their personal liberty only by a just, fair and reasonable procedure established by law. As a result, interceptions of private communications that are protected by Article 21 may only be conducted in pursuance of such a procedure. This procedure exists in the form of the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 that came into effect on 27 October 2009 ("the Interception Rules"). The Interception Rules set out a regime for accessing private emails in certain conditions. The powers and procedure of Section 91 of the Code of Criminal Procedure ("CrPC") may also apply to obtain data at rest, such as emails stored in an inbox or sent-mail folder.

Finally, the orders of the Adjudicating Officer reveal a well-reasoned and progressive understanding of the law and principles relating to the quantification of compensation. By choosing to impose larger amounts of compensation on the bank that violated the privacy of the complainant in the Nirmalkumar Bagherwal matter, the Adjudicating Officer has indicated that the institutions that hold sensitive personal data, such as financial information, are subject to a higher duty of care in relation of it. But, most importantly, the act of imposing monetary compensation of privacy violations is a step forward because, for the first time in India, it recognises that privacy violations are civil wrongs or injuries that demand compensation.

[1]. These Rules were issued vide GSR 220(E), dated 17 March 2003 and published in the Gazette of India, Extraordinary, Part II, Section 3(i). These Rules can be accessed here – http://it.maharashtra.gov.in/PDF/Qual_ExpAdjudicatingOfficer_Manner_of_Holding_Enquiry_Rules.PDF (visited on 30 September 2013).

[2]. These cases and statistics may be viewed here – http://it.maharashtra.gov.in/1089/IT-Act-Judgements (visited on 30 September 2013).

[3]. See generally, Upendra Baxi “"The Fair Name of Justice": The Memorable Voyage of Chief Justice Chandrachud” in A Chandrachud Reader (Justice V. S. Deshpande ed., Delhi: Documentation Centre etc., 1985) and, Rajeev Dhavan, "Judging the Judges" in Judges and the Judicial Power: Essays in Honour of Justice V. R. Krishna Iyer (Rajeev Dhavan and Salman Khurshid eds., London: Sweet & Maxwell, 1985).

[4]. See generally, Justice B.G .Harindranath, Art of Writing Judgments (Bangalore: Karnataka Judicial Academy, 2004); Justice T .S. Sivagnanam, The Salient Features of the Art of Writing Orders and Judgments (Chennai: Tamil Nadu State Judicial Academy, 2010); and, Justice Sunil Ambwani, “Writing Judgments: Comparative Models” Presentation at the National Judicial Academy, Bhopal (2006) available here – http://districtcourtallahabad.up.nic.in/articles/writing%20judgment.pdf (visited on 29 Sep 2013).

[5]. Appeal No. FA-2008/659 of the Delhi State Consumer Protection Commission, decided on 16 October 2008.

[6]. (1997) 1 SCC 301.

[7]. (1978) 1 SCC 248.

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