Centre for Internet and Society

Design and the Open Knowledge Movement

saumyaa — 2019-04-01T12:13:00Z

With the objective of connecting the open knowledge movement with design, the Access to Knowledge team at the Centre for Internet and Society co-organised the Wikigraphists Bootcamp India 2018 with the Wikimedia Foundation during September 28-30, 2018 in New Delhi. The event was held at the School of Design at Ambedkar University Delhi. As part of the bootcamp, a panel discussion was held in order to bring together design practitioners, educators, open knowledge contributors, and design students to explore how design and open knowledge communities can engage with each other. In this post, Saumyaa Naidu shares the learnings from the panel discussion aimed at exploring the potential collaborations between design and the open knowledge movement.

Introduction

Exchange between Design Academics and Open Knowledge

Potential Means of Engagement with Open Knowledge in Design Practice

Applications of Open Knowledge in Design Education

Conclusion

Introduction

Design has historically been functioning in a closed paradigm, both with regard to practice and education. The design process, resources, and products are largely proprietary and limit who can access them. On the other hand, increased use of digital technology offers the potential for greater access and knowledge sharing. In this setting, a dialogue on design and openness becomes essential. There is a need to build sensitivity among designers towards open knowledge and open access practices. Such an exchange can not only allow for design resources and products to be available in the open domain, but also help designers build an extensive shared knowledge base.

With the objective of connecting the open knowledge movement with design, the Access to Knowledge team at the Centre for Internet and Society co-organised the Wikigraphists Bootcamp India 2018 with the Wikimedia Foundation from 28th to 30th September, 2018 in New Delhi. The event was held at the School of Design at Ambedkar University Delhi. As part of the bootcamp, a panel discussion was held in order to bring together design practitioners, educators, open knowledge contributors, and design students to explore how design and open knowledge communities can engage with each other.

The discussion was preceded by an introduction to the open knowledge movement and its potential in creating access and inclusion, by Satdeep Gill. Satdeep is a community outreach coordinator for India at the Wikimedia Foundation. He is also one of the founding members of Punjabi Wikimedians User Group. Satdeep was the programme leader for the Wikiconference India in 2016. The introduction provided a brief history of copyrights and the beginning of the copyleft movement. It discussed creative commons licensing and the role of Wikipedia in the open knowledge movement.

The panel included Suchitra Balasubrahmanyan, Pooja Saxena, and Shyamal. Suchitra Balasubrahmanyan is the dean at the School of Design in Ambedkar University Delhi (AUD). Her research has been on multiple areas such as history of craft and design, and design education in India. Her practice focuses on social communication design. Pooja Saxena is a typeface and graphic designer whose work centres on multi-script design. She has designed an Ol Chiki typeface for Santali language which is available for free and open use. Pooja also teaches typography at several design schools including Pearl Academy, National Institute of Design, and Srishti school of Art, Design, and Technology. Shyamal is an independent researcher and an ornithologist. He has been contributing to Wikipedia for over fifteen years now. In addition to his contributions about the biodiversity of birds, he has also created several illustrations relating to the same. The panel was moderated by Saumyaa Naidu, a designer and researcher at the Centre for Internet and Society (CIS).

The discussion was aimed at addressing three primary questions around design and the open knowledge movement; how academic materials in design inform unstructured or open knowledge spaces and in what ways do these unstructured spaces come back into design education?, what are the potential means of engagement with open knowledge in design practice?, and in what ways can it be applied in design education?

Exchange between Design Academics and Open Knowledge

The discussion began with an enquiry into the challenges faced in the design of knowledge production and the knowledge production of design. It was directed at understanding the various ways in which design education and academia interact with open knowledge. Prof. Suchitra responded by saying that it is still early days for such an interaction to take place as the discipline of design itself is very proprietary in its approach. The work created in different areas of design is often guarded. Locating the discussion at the School of Design in AUD, she suggested that the Social Design course, which looks at the social application of design, believes in socially produced knowledge and contributing to it. However, the university is constrained by the academic environment which does not facilitate the open exchange of knowledge. There is a culture of copyright and protection of work in academia, and heavy funding is required for journal subscriptions. There is an imbalanced gatekeeping of knowledge as countries like India, which have weaker currencies, cannot access this knowledge or contribute to it. The social design community, a small community yet, is interested in making this knowledge freely accessible, in community participation, in co-designing, and in challenge the idea of one ‘super-designer’ who gets all the credit.

Open knowledge spaces such as Wikipedia often make their way into classrooms when students use these resources for assignments. It was pointed out by Prof. Suchitra that there is a lack of regard among students for giving due attribution to material taken from such platforms. Social Sciences universities also consider Wikipedia as an unreliable source, and discourage its use. There is a need to build the culture of knowledge sharing, borrowing, and contribution. She believes that this should be initiated at the level of school education, and not just design schools, so it is internalised at an early stage. She also shared an epistemological concern regarding such a cultural shift in design as it is commonly believed that the knowledge designers produce belongs to them and their livelihoods are connected to it. Hence, open knowledge and open source are antithetical to the profession. This means that the profession itself has to be imagined differently. The social design programme, in this regard, is trying to ensure that when students create work based on interactions with a community, also go back and present it to the community. This is to say that the work produced cannot be exclusively owned by the designers.

The open knowledge movement in India is closely tied to accessibility of information in Indian languages. The availability of a design knowledge base in Indian languages was discussed in this context. Prof. Suchitra explained that most design education in India is in English and is borrowed from another cultural and geographical setting. Design is a discipline of making, and making has its own language. In that sense, the act and content of design transcends language. But, it is the pedagogy which is held by language. The act of making, which is ubiquitous, and is done naturally by everybody, gets held back when it comes to the transmission in different languages. There can be sanskritised words for design terminology, but the vocabulary of everyday use should be applied to represent this knowledge. The School of Design is looking for ways in which important and more provocative texts in design can be made available in other Indian languages. When students are exploring a career in design and they want to learn about it, the information about courses, programmes, and universities should also be available in their language.

The students at AUD recently demanded that education at the university be provided in multiple languages. Since AUD is funded by the Delhi state government, the students want the medium of instruction to include languages of the state (Hindi, Urdu, and Punjabi) apart from English. However, in order to accomplish this, the university would require multilingual teachers. At a personal level, Prof. Suchitra feels that the medium of instruction cannot be monolingual, and that it is good to be multilingual. There is also the conflict that it doesn’t do justice to either languages, and there is no neat answer yet. She believes that technology provides some answers in the sense that students can access the material through translations in whichever language they prefer. Being located in Delhi, the university attracts students from all parts of the country, so it needs to be multilingual in different ways. Technology can intervene and provide a layer by which access can be given in the language of one’s choice. She inferred that this is not a question of one or two languages, but of languages everywhere.

Potential Means of Engagement with Open Knowledge in Design Practice

Presently, there is limited participation from design practitioners on open knowledge platforms. From the perspective of a design practitioner and educator, Pooja Saxena explained that apart from Wikipedia, designers use The Noun Project, which offers both free and paid ways to use icons. She mentioned how students also use this platform but it appears that they are not as interested in contributing to it. They are guarded about the work they create but are fine with using someone else’s work that is available for free. Pooja suggested a much needed change in the understanding that open knowledge simply means that it is open for use. It must be seen as a community which one needs to engage with in whichever capacity and give back to. Agreeing with Prof. Suchitra, Pooja also observed that students fail to give fair attribution when any work is available for free. There is a lack of training and communication around attribution among designers. Regarding open source softwares meant for image making and creating illustrations, Pooja said that despite her several attempts of using them, she has always gone back to proprietary softwares. She believes that there are not enough people contributing to making these open source applications better to work with. A middle path she recommended for designers is creating work in formats which can be edited across applications, so that the work created can be built upon in any application, and is not bound by a proprietary software.

As an experienced Wikipedian, Shyamal also stressed upon the idea of finding ways to productively give back to the open knowledge community. He talked about the opportunities that design students have in terms of creating quality images and graphics, and making them available for public use. An example of such an opportunity could be creating clipart or icons that can be used for roadside signages or other such public resources. Another possibility he proposed was publishing rough drafts or discarded work on platforms like Wikipedia, so it can be refined and used by others. It is not well known that aside from the textual part of Wikipedia, there exists a larger environment which includes projects like Wikidata, which is a semantic database, and Wikimedia Commons, which is meant for a variety of media such as images, video, audio, and even 3D models now. This offers a variety of options to designers to make their work available for open use. Another aspect that Shyamal brought attention to in this regard is to make the work available in a way that it can be easily found by others, by effectively using metadata and writing appropriate descriptions.

A relevant example of engagement of design with the open knowledge community was shared by Pooja through her type design project. This included designing a typeface family for the Ol Chiki script, which is used to write in the Santhali language. The project was initiated by Subhashish Panigrahi at CIS in order to set up the Santhali Wikipedia. But, at the time there were no unicode compliant fonts available for Ol Chiki. This was a clear example of how a design intervention in the form of a typeface could lead to knowledge being shared and possibly even created in the future. The project was then funded by the Access to Knowledge programme at CIS. Pooja described the process of designing the typeface. She mentioned that even though the Santhali language is spoken by over 6 million people, Ol Chiki is not a commonly used script. The script itself was invented less than a hundred years ago, which meant that there is little documentation available of the script to look at. The team then engaged with the community to understand how they would like the letters to look like, and whether the letters in the font were correct. This was done through comprehensive feedback forms to test the letters and ask specific questions around their form and placement. The exercise was repeated a number of times to get accurate letters.

Through this process, Pooja made a key observation on perfection. Designers are often trained to share or show their work only when they think it is perfect. But, in the case of the typeface, it was impossible to achieve something even close to being finished without showing it and seeking help from the community. The project also led to inspiring a design student from the National Institute of Design, who belongs to the Santhal community, to create letters in Ol Chiki script as part of the ‘36 days of type’ challenge on Instagram. The typeface thus, can contribute towards such projects as well. Pooja concluded that the typeface being available for free can also lead to students making a version of it that serves their purpose better.

Further on open typefaces for Indian languages, Shyamal spoke about the several issues regarding the use of Indian languages, specific to Wikipedia and in general as well. He correlated the lack of academic disciplines in Indian languages with the lack of vocabulary of technical terms. Several people also oppose borrowing words from other languages. In an example of needing to translate the labels of an illustration of a four-stroke engine into an Indian language, the engineer would not know the terms in that language, and the language expert will not know enough about engineering. Shyamal suggested transliterating English words as a first step, so that somebody who doesn’t know English can understand what the word sounds like. Another technical concern is the use of open source fonts of Indian languages for better compatibility on Wikimedia Commons. The platform replaces proprietary fonts with equivalent open source ones during the process of uploading. This changes the typesetting in the illustration in terms of spacing between the letters and sentences, and the resulting design can end up looking different from the intended one. Hence, it is important to include identification and use of open source fonts as part of the learning process in design.

Shyamal further talked about the need to create more awareness about copyright. He explained that the fact that anything we create is automatically copyrighted is not really understood by most people. People posting images on Facebook and Instagram would allow others to use their work when asked, but would hesitate to give a written permission. It would be useful to license out the work. This lack of copyright awareness hinders the creation of a vast visual database on Wikimedia Commons. There is little visual information available online about objects, monuments, maps, places, etc. in India. The advantage of using systems like Wikipedia is that you can geotag places, you can semantically describe them so that people who speak other languages can find that content. The value of availability of such content online for an outsider is not well understood yet. As a practice, when learning something new, Shyamal himself tries to add it on Wikipedia or on related projects, so that it can be of use to anyone else looking for it as well.

On encouraging designers to contribute to open knowledge, Pooja advised that designers can contribute through side projects or self-initiated projects as they are not looking to make any money from them to begin with, and would be able to share the work for free. These side projects can take the form of resources or tools that other people can use to build something else. She also pointed out that it is not necessary that designers cannot get paid to do open work, and shared the example of the Ol Chiki typeface, which was paid for by a patron. There are also organisations that commission projects which are supposed to be available for free use because those organisations need that product to be available for free. Google fonts for example, commissions the typefaces to designers which are eventually available as free and open fonts. It is important for designers to be aware that such opportunities exist, and that they need to be sought.

Applications of Open Knowledge in Design Education

The discussion led to several suggestions on involving design students in the open knowledge movement. Pooja recommended that students can be encouraged to make their assignments available on Wikimedia Commons. Design students are often expected to work on projects that address problems that exist in the real world. In most cases, these projects remain with the students and not get implemented in the real world. If such projects were available on open platforms like Wikimedia Commons, they can be taken forward by others who are tackling the same concerns. It is also something that design students would benefit from because their work will be publicly available.

In order to address the disregard for attributions pointed out earlier, Prof. Suchitra stressed upon the need to build a culture among design students to attribute fairly. This would allow for acceptable acknowledgement to someone who has produced work and contributed it to the open domain. She added that this is being initiated in other design spaces such as the Decolonise Design group, which some design faculties are a part of. The group looks at ways of finding different cultural anchors for design. One such project is where design faculties have gotten together to share design assignments, in order to see what kind of assignments we set in the classroom for teaching various kinds of concepts in design. The faculties are trying to form an international platform where teaching methods can be shared and a bank of design assignments can be created. These methods and assignments are otherwise considered proprietary.

Prof. Suchitra also talked about the onus on public funded educational institutions to make their work available on open platforms, at least in projects which have a larger use. The Industrial Design Centre (IDC), Powai already has a portal on which design related educational material is available for anyone who is interested. They offer an online course in design which anyone can register for and attend. It is only for the certification at the end of the course, that one needs to pay to take an exam. Design courses otherwise tend to be quite expensive. She mentioned that the School of Design at AUD has been contemplating sharing the thesis work that students produce on Academia, a platform for academics to share research papers, where it can be downloaded for free. This allows for the work to be viewed by people outside the school, which is a significant step for young designers. Design as a profession fundamentally does not allow sharing, and this certainly needs to change. She gave the example of textiles, where the traditional artworks and motifs are picked up from different sources and placed on fabrics. Such reuse borders on unethical practice. Therefore, we need to identify the boundaries of open source. The ethical aspects of it need to be opened up and discussed, otherwise it can lead to asymmetrical knowledge practices. The attribution or acknowledgement that the work individually or culturally belongs to somebody, needs to be recognised.

On the learning by doing approach in design education, Pooja raised the concern that there is a lack of attention towards ‘learning by reading’. Design related reading materials are not available on open platforms and in different languages. She suggested that even if the readings are available in English, it is also useful for them to be available in a vocabulary that is more acceptable for someone for whom it is not their first language. Further, the ‘doing’ is also framed by a certain perspective, and often that perspective is quite closed. It does not take into account where the students is coming from. For example, a branding assignment for a product for new mothers does not consider how eighteen year old students would understand the product without any interaction with the users. It doesn’t ask why does it have to be branding to begin with. It also limits the objective to ‘selling something’ while there are other ways in which design can intervene. In the assignments where students engage with a community, there is often a clear asymmetry between the students and the people they are designing for. There is a vast gap in the knowledge and experience shared by the two. Consequently, students are forced to either assert themselves in this community or misrepresent themselves. This also takes away from students wanting to share their work on open platforms. Pooja recommended that they would be more willing to put the work out in the open when they are working with their own community because they can then see how it affects people in a much more direct way.

Conclusion

The discussion brought forward various intersections in design and open knowledge, and the possible ways in which the two can lend to each other. Broader interventions such as a cultural shift in design around sharing work and discussing its ethical aspects, availability of academic material in design on open platforms and in different Indian languages, sensitivity around fair attribution and copyrights among designers, and designers seeking out or self initiating projects that contribute to the open domain were discussed. In terms of specific steps, ideas including design practitioners creating works in formats which are editable on open applications, adding more visual content on platforms like Wikimedia Commons, creating and using more open typefaces in Indian languages, and students sharing their assignments on open platforms were considered. Other ways of engagement with design education could be through internships and workshops that demonstrate the need for open knowledge systems.

During the interaction with the audience, another key concern was brought up by Govind Sivan, a student at the School of Design at AUD. He spoke about the prevalent approach in design schools of giving primary importance to originality. Students work towards thinking of unique ideas and any similarity between their own and a classmate’s assignment is seen as a failure of creativity. Such an approach goes on to curb shared knowledge and collaborative working, and needs to be changed in order to make way for openness in design. Prof. Suchitra also advised that there is more value to design in thinking of it as a collaborative project.

Design is also gradually opening up its process to include the people being designed for through open research methods such as co-design and participatory design. All aspects of a design process such as need identification, data gathering, and the end product can be conceptualised for openness. These directions can be explored by both designers and the open knowledge community for the creation of a greater and more accessible knowledge base.

For more details visit https://cis-india.org/a2k/blogs/saumyaa-naidu-design-and-the-open-knowledge-movement

Delhi High Court Orders Blocking of Websites after Sony Complains Infringement of 2014 FIFA World Cup Telecast Rights

sinha — 2014-07-08T07:02:16Z

Of late the Indian judiciary has been issuing John Doe orders to block websites, most recently in Multi Screen Media v. Sunit Singh and Others. The order mandated blocking of 472 websites, out of which approximately 267 websites were blocked as on July 7, 2014. This trend is an extremely dangerous one because it encourages flagrant censorship by intermediaries based on a judicial order which does not provide for specific blocking of a URL, instead provides for blocking of the entire website.

The High Court of Delhi on June 23, 2014 issued a John Doe injunction restraining more than 400 websites from broadcasting 2014 FIFA world cup matches. News reports indicate that the Single judge bench of Justice V. Kameswar Rao directed the Department of Telecom to issue appropriate directions to ISPs to block the websites that Multi Screen Media provided, as well as “any other website identified by the plaintiff” in the future. On July 4, Justice G. S. Sistani permitted reducing the list to 219 websites.

Background

Multi Screen Media (MSM) is the official broadcaster for the ongoing 2014 FIFA World Cup tournament. FIFA (the Governing body) had exclusively licensed rights to MSM which included live, delayed, highlights, on demand, and repeat broadcast of the FIFA matches. MSM complained that the defendants indulged in hosting, streaming, providing access to, etc, thereby infringing the exclusive rights and broadcast and reproduction rights of MSM.

The court in the instant order held that the defendants had prima facie infringed MSM’s broadcasting rights, which are guaranteed by section 37 of the Copyright Act, 1957. In an over-zealous attempt to pre-empt infringement the court called for a blanket ban on all websites identified by MSM. Further, the court directed the concerned authorities to ensure ISPs complied with this order and block the websites mentioned by MSM presently, and other websites which may be subsequently be notified by MSM.

Where the Court went Wrong

The court stated that MSM successfully established a prima facie case, and on its basis granted a sweeping injunction to MSM ordering blocking 471 second level domains. I’d like to point out numerous flaws with the order-

Dissatisfactory "Prima facie case"

In my opinion the court could have scrutinised the list of websites provided by MSM more carefully. There is nothing in the order to suggest that evidence was proffered by MSM in support of the list. The order reveals that the list was prepared by MarkScan, a “consulting boutique dedicated to (the client’s) IP requirements in the cyberspace and the Indian sub-continent.” The list throws up names such as docs.google.com, goo.gl & ad.ly (provide URL shortening service only), torrent indexing websites, IP addresses, online file streaming websites, etc., at a cursory glance. Evidently, perfectly legitimate websites have been targeted by an ill conducted search and shoddily prepared list which may lead to blocking of legitimate content on account of no verification by the court. 471 websites out of 472 mentioned in the first list are second level domains and 23 websites have been listed twice.

2. Generic order which abysmally fails to identify specific infringing URLS

Out of the 472 websites (list provided in the order by MarkScan)-

471 are file streaming websites, video sharing websites, file lockers, URL shorteners, file storage websites; only one is a specific URL [http://www.24livestreamtv.com/brazil-2014-fifa-world-cup-football-%20%C2%A0%C2%A0live-streaming-online-t ].

The order calls for blocking of complete websites. This is in complete contradiction to the 2012 Madras High Court’s order in R K Productions v BSNL which held that only a particular URL where the infringing content is kept should be blocked, rather than the entire website. The Madras High Court order had also made it mandatory for the complainants to provide exact URLs where they find illegal content, such that ISPs could block only that content and not the entire site. MSM did not adhere to this and I have serious doubts if the defendants brought the distinguishing Madras High Court judgment to the attention of the bench. The entire situation is akin to MarkScan scamming MSM by providing their clients a dodgy list, and MSM scamming the court and the public at large.

3. Lack of Transparency – Different blocking messages on different ISPs

The message displayed uniformly on blocked websites was:

"This website/URL has been blocked until further notice either pursuant to court orders or on the directions issued by the Department of Telecommunications."

I observed that a few websites showed the message “Error 404 – File or Directory not found” without the blocking message (above) on the network provider Reliance, and same Error 404 with the blocking message on the network provider Airtel highlighting the non-transparent manner of adherence to the order. Further, both the messages do not indicate the end period of the block.

Legality of John Doe orders in Website Blocking

It is pertinent to reiterate the ‘misuse’ of John Doe orders to block websites in India. The judiciary has erred in applying the John Doe order to protect copyrightable content on the internet. While the R K Productions v BSNL case appears reasonable in terms of permitting blocking of only URL specific content, the application of John Doe order to block websites remains unfounded in law. Ananth Padmanabhan in a three part study (Part I, II and III) had earlier analysed the improper use of John Doe injunctions to block websites in India. The John Doe order was conceived by US courts to pre-emptively remedy the irreparable damages suffered by copyright holders on account of unidentified/unnamed infringers. The interim injunction allowed collection of evidence from infringers, who were identified later as certain defendants and the final relief was accordingly granted. The courts routinely advocated judicious use of the order, and ensured that the identified defendants were provided and informed of their right to apply to the court within twenty four hours for a review of the order and a right to claim damages in an appropriate case. Therefore, the John Doe order applied against primary infringers per se.

On the other hand, whilst extending this remedy in India the courts have unfortunately placed onus on the conduit i.e. the ISP to block websites. This is tantamount to providing final relief at the interim stage, since all content definitely gets blocked; however, this hardly helps in identifying the actual infringer on the internet. The court is prematurely doling out blocking remedies to the complaining party, which, legally speaking should be meted out only during the final disposition of the case after careful examination of the evidence available. Thus, the intent of a John Doe order is miserably lost in such an application. Moreover, this lends an arbitrary amount of power in the hands of intermediaries since ISPs may or may not choose to approach the court for directions to specifically block URLs which provide access to infringing content only.

For more details visit https://cis-india.org/internet-governance/blog/delhi-high-court-orders-blocking-of-websites-after-sony-complains-infringement-of-2014-fifa-world-cup-telecast-rights

DeitY says 143 URLs have been Blocked in 2015; Procedure for Blocking Content Remains Opaque and in Urgent Need of Transparency Measures

jyoti — 2015-04-30T07:37:40Z

Across India on 30 December 2014, following an order issued by the Department of Telecom (DOT), Internet Service Providers (ISPs) blocked 32 websites including Vimeo, Dailymotion, GitHub and Pastebin.

In February 2015, the Centre for Internet and Society (CIS) requested the Department of Electronics and Information Technology (DeitY) under the Right to Information Act, 2005 (RTI Act) to provide information clarifying the procedures for blocking in India. We have received a response from DeitY which may be seen here.

In this post, I shall elaborate on this response from DeitY and highlight some of the accountability and transparency measures that the procedure needs. To stress the urgency of reform, I shall also touch upon two recent developments—the response from Ministry of Communication to questions raised in Parliament on the blocking procedures and the Supreme Court (SC) judgment in Shreya Singhal v. Union of India.

Section 69A and the Blocking Rules

Section 69A of the Information Technology Act, 2008 (S69A hereinafter) grants powers to the central government to issue directions for blocking of access to any information through any computer resource. In other words, it allows the government to block any websites under certain grounds. The Government has notified rules laying down the procedure for blocking access online under the Procedure and Safeguards for Blocking for Access of Information by Public Rules, 2009 (Rules, 2009 hereinafter). CIS has produced a poster explaining the blocking procedure (download PDF, 2.037MB).

There are three key aspects of the blocking rules that need to be kept under consideration:

Officers and committees handling requests

Designated Officer (DO) – Appointed by the Central government, officer not below the rank of Joint Secretary.
Nodal Officer (NO) – Appointed by organizations including Ministries or Departments of the State governments and Union Territories and any agency of the Central Government.
Intermediary contact–Appointed by every intermediary to receive and handle blocking directions from the DO.
Committee for Examination of Request (CER) – The request along with printed sample of alleged offending information is examined by the CER—committee with the DO serving as the Chairperson and representatives from Ministry of Law and Justice; Ministry of Home Affairs; Ministry of Information and Broadcasting and representative from the Indian Computer Emergency Response Team (CERT-In). The CER is responsible for examining each blocking request and makes recommendations including revoking blocking orders to the DO, which are taken into consideration for final approval of request for blocking by the Secretary, DOT.
Review Committee (RC) – Constituted under rule 419A of the Indian Telegraph Act, 1951, the RC includes the Cabinet Secretary, Secretary to the Government of India (Legal Affairs) and Secretary (Department of Telecom). The RC is mandated to meet at least once in 2 months and record its findings and has to validate that directions issued are in compliance with S69A(1).

Provisions outlining the procedure for blocking

Rules 6, 9 and 10 create three distinct blocking procedures, which must commence within 7 days of the DO receiving the request.

a) Rule 6 lays out the first procedure, under which any person may approach the NO and request blocking, alternatively, the NO may also raise a blocking request. After the NO of the approached Ministry or Department of the State governments and Union Territories and/or any agency of the Central Government, is satisfied of the validity of the request they forward it to the DO. Requests when not sent through the NO of any organization, must be approved by Chief Secretary of the State or Union Territory or the Advisor to the Administrator of the Union Territory, before being sent to the DO.

The DO upon receiving the request places, must acknowledge receipt within 24 four hours and places the request along with printed copy of alleged information for validation by the CER. The DO also, must make reasonable efforts to identify the person or intermediary hosting the information, and having identified them issue a notice asking them to appear and submit their reply and clarifications before the committee at a specified date and time, within forty eight hours of the receipt of notice.

Foreign entities hosting the information are also informed and the CER gives it recommendations after hearing from the intermediary or the person has clarified their position and even if there is no representation by the same and after examining if the request falls within the scope outlined under S69A(1). The blocking directions are issued by the Secretary (DeitY), after the DO forwards the request and the CER recommendations. If approval is granted the DO directs the relevant intermediary or person to block the alleged information.

b) Rule 9 outlines a procedure wherein, under emergency circumstances, and after the DO has established the necessity and expediency to block alleged information submits recommendations in writing to the Secretary, DeitY. The Secretary, upon being satisfied by the justification for, and necessity of, and expediency to block information may issue an blocking directions as an interim measure and must record the reasons for doing so in writing.

Under such circumstances, the intermediary and person hosting information is not given the opportunity of a hearing. Nevertheless, the DO is required to place the request before the CER within forty eight hours of issuing of directions for interim blocking. Only upon receiving the final recommendations from the committee can the Secretary pass a final order approving the request. If the request for blocking is not approved then the interim order passed earlier is revoked, and the intermediary or identified person should be directed to unblock the information for public access.

c) Rule 10 outlines the process when an order is issued by the courts in India. The DO upon receipt of the court order for blocking of information submits it to the Secretary, DeitY and initiates action as directed by the courts.

Confidentiality clause

Rule 16 mandates confidentiality regarding all requests and actions taken thereof, which renders any requests received by the NO and the DO, recommendations made by the DO or the CER and any written reasons for blocking or revoking blocking requests outside the purview of public scrutiny. More detail on the officers and committees that enforce the blocking rules and procedure can be found here.

Response on blocking from the Ministry of Communication and Information Technology

The response to our RTI from E-Security and Cyber Law Group is timely, given the recent clarification from the Ministry of Communication and Information Technology to a number of questions, raised by parliamentarian Shri Avinash Pande in the Rajya Sabha. The questions had been raised in reference to the Emergency blocking order under IT Act, the current status of the Central Monitoring System, Data Privacy law and Net Neutrality. The Centre for Communication Governance (CCG), National Law University New Delhi have extracted a set of 6 questions and you can read the full article here.

The governments response as quoted by CCG, clarifies under rule 9—the Government has issued directions for emergency blocking of a total number of 216 URLs from 1st January, 2014 till date and that a total of 255 URLs were blocked in 2014 and no URLs has been blocked in 2015 (till 31 March 2015) under S69A through the Committee constituted under the rules therein. Further, a total of 2091 URLs and 143 URLs were blocked in order to comply with the directions of the competent courts of India in 2014 and 2015 (till 31 March 2015) respectively. The government also clarified that the CER, had recommended not to block 19 URLs in the meetings held between 1^stJanuary 2014 upto till date and so far, two orders have been issued to revoke 251 blocked URLs from 1st January 2014 till date. Besides, CERT-In received requests for blocking of objectionable content from individuals and organisations, and these were forwarded to the concerned websites for appropriate action, however the response did not specify the number of requests.

We have prepared a table explaining the information released by the government and to highlight the inconsistency in their response.

Applicable rule and procedure outlined under the Blocking Rules	Number of websites
	2014	2015	Total
Rule 6 - Blocking requests from NO and others	255	None	255
Rule 9 - Blocking under emergency circumstances	-	-	216
Rule 10 - Blocking orders from Court	2091	143	2234
Requests from individuals and orgs forwarded to CERT-In	-	-	-
Recommendations to not block by CER	-	-	19
Number of blocking requests revoked	-	-	251

In a response to an RTI filed by the Software Freedom Law Centre, DeitY said that 708 URLs were blocked in 2012, 1,349 URLs in 2013, and 2,341 URLs in 2014.

Shreya Singhal v. Union of India

In its recent judgment, the SC of India upheld the constitutionality of 69A, stating that it was a narrowly-drawn provision with adequate safeguards. The constitutional challenge on behalf of the People’s Union for Civil Liberties (PUCL) considered the manner in which the blocking is done and the arguments focused on the secrecy present in blocking.

The rules may indicate that there is a requirement to identify and contact the originator of information, though as an expert has pointed out, there is no evidence of this in practice. The court has stressed the importance of a written order so that writ petitions may be filed under Article 226 of the Constitution. In doing so, the court seems to have assumed that the originator or intermediary is informed, and therefore held the view that any procedural inconsistencies may be challenged through writ petitions. However, this recourse is rendered ineffective not only due to procedural constraints, but also because of the confidentiality clause. The opaqueness through rule 16 severely reigns in the recourse that may be given to the originator and the intermediary. While the court notes that rule 16 requiring confidentality was argued to be unconstitutional, it does not state its opinion on this question in the judgment. One expert, holds the view that this, by implication, requires that requests cannot be confidential. However, such a reading down of rule 16 is yet to be tested.

Further, Sunil Abraham has pointed out, “block orders are unevenly implemented by ISPs making it impossible for anyone to independently monitor and reach a conclusion whether an internet resource is inaccessible as a result of a S69A block order or due to a network anomaly.” As there are no comprehensive list of blocked websites or of the legal orders through which they are blocked exists, the public has to rely on media reports and filing RTI requests to understand the censorship regime in India. CIS has previously analysed the leaked block lists and lists received as responses to RTI requests which have revealed that the block orders are full of errors and blocking of entire platforms and not just specific links has taken place.

While the state has the power of blocking content, doing so in secrecy and without judical scrutiny, mark deficiencies that remain in the procedure outlined under the provisions of the blocking rules . The Court could read down rule 16 except for a really narrow set of exceptions, and in not doing so, perhaps has overlooked the opportunities for reform in the existing system. The blocking of 32 websites, is an example of the opaqueness of the system of blocking orders, and where the safeguards assumed by the SC are often not observed such as there being no access to the recommendations that were made by the CER, or towards the revocation of the blocking orders subsequently. CIS filed the RTI to try and understand the grounds for blocking and related procedures and the response has thrown up some issues that must need urgent attention.

Response to RTI filed by CIS

Our first question sought clarification on the websites blocked on 30^thDecember 2014 and the response received from DeitY, E-Security and Cyber Law Group reveals that the websites had been blocked as “they were being used to post information related to ISIS using the resources provided by these websites”. The response also clarifies that the directions to block were issued on 18-12-2014 and as of 09-01-2015, after obtaining an undertaking from website owners, stating their compliance with the Government and Indian laws, the sites were unblocked.

It is not clear if ATS, Mumbai had been intercepting communication or if someone reported these websites. If the ATS was indeed intercepting communication, then as per the rules, the RC should be informed and their recommendations sought. It is unclear, if this was the case and the response evokes the confidentiality clause under rule 16 for not divulging further details. Based on our reading of the rules, court orders should be accessible to the public and without copies of requests and complaints received and knowledge of which organization raised them, there can be no appeal or recourse available to the intermediary or even the general public.

We also asked for a list of all requests for blocking of information that had been received by the DO between January 2013 and January 2015, including the copies of all files that had accepted or rejected. We also specifically, asked for a list of requests under rule 9. The response from DeitY stated that since January 1, 2015 to March 31, 2015 directions to block 143 URLs had been issued based on court orders. The response completely overlooks our request for information, covering the 2 year time period. It also does not cover all types of blocking orders under rule 6 and rule 9, nor the requests that are forwarded to CERT-In, as we have gauged from the ministry's response to the Parliament. Contrary to the SC's assumption of contacting the orginator of information, it is also clear from DeitY's response that only the websites had been contacted and the letter states that the “websites replied only after blocking of objectionable content”.

Further, seeking clarification on the functioning of the CER, we asked for the recent composition of members and the dates and copies of the minutes of all meetings including copies of the recommendations made by them. The response merely quotes rule 7 as the reference for the composition and does not provide any names or other details. We ascertain that as per the DeitY website Shri B.J. Srinath, Scientist-G/GC is the appointed Designated Officer, however this needs confirmation. While we are already aware of the structure of the CER which representatives and appointed public officers are guiding the examination of requests remains unclear. Presently, there are 3 Joint Secretaries appointed under the Ministry of Law and Justice, the Home Ministry has appointed 19, while 3 are appointed under the Ministry of Information and Broadcasting. Further, it is not clear which grade of scientist would be appointed to this committee from CERT-In as the rules do not specify this. While the government has clarified in their answer to Parliament that the committee had recommended not to block 19 URLs in the meetings held between 1st January 2014 to till date, it is remains unclear who is taking these decisions to block and revoke blocked URLs. The response from DeitY specifies that the CER has met six times between 2014 and March 2015, however stops short on sharing any further information or copies of files on complaints and recommendations of the CER, citing rule 16.

Finally, answering our question on the composition of the RC the letter merely highlights the provision providing for the composition under 419A of the Indian Telegraph Rules, 1951. The response clarifies that so far, the RC has met once on 7th December, 2013 under the Chairmanship of the Cabinet Secretary, Department of Legal Affaits and Secretary, DOT. Our request for minutes of meetings and copies of orders and findings of the RC is denied by simply stating that “minutes are not available”. Under 419A, any directions for interception of any message or class of messages under sub-section (2) of Section 5 of the Indian Telegraph Act, 1885 issued by the competent authority shall contain reasons for such direction and a copy of such order shall be forwarded to the concerned RC within a period of seven working days. Given that the RC has met just once since 2013, it is unclear if the RC is not functioning or if the interception of messages is being guided through other procedures. Further, we do not yet know details or have any records of revocation orders or notices sent to intermediary contacts. This restricts the citizens’ right to receive information and DeitY should work to make these available for the public.

Given the response to our RTI, the Ministry's response to Parliament and the SC judgment we recommend the following steps be taken by the DeitY to ensure that we create a procedure that is just, accountable and follows the rule of law.

The revocation of rule 16 needs urgent clarification for two reasons:

Under Section 22 of the RTI Act provisions thereof, override all conflicting provisions in any other legislation.
In upholding the constitutionality of S69A the SC cites the requirement of reasons behind blocking orders to be recorded in writing, so that they may be challenged by means of writ petitions filed under A rticle 226 of the Constitution of India.

If the blocking orders or the meetings of the CER and RC that consider the reasons in the orders are to remain shrouded in secrecy and unavailable through RTI requests, filing writ petitions challenging these decisions will not be possible, rendering this very important safeguard for the protection of online free speech and expression infructuous. In summation, the need for comprehensive legislative reform remains in the blocking procedures and the government should act to address the pressing need for transparency and accountability. Not only does opacity curtial the strengths of democracy it also impedes good governance. We have filed an RTI seeking a comprehensive account of the blocking procedure, functioning of committees from 2009-2015 and we shall publish any information that we may receive.

For more details visit https://cis-india.org/internet-governance/blog/deity-says-143-urls-blocked-in-2015

Deconstructing Digital Natives: Young People, Technology and the New Literacies

nishant — 2015-04-24T11:51:06Z

Nishant Shah was invited to do a book review of a new anthology 'Deconstructing Digital Natives', edited by Michael Thomas. The review was published in Routledge's Journal of Children and Media on July 18, 2012.

Deconstructing Digital Natives: Young People, Technology and the New Literacies is an anthology that revisits the debates and scholarship that have arisen around youth and technology in the last decade or so. It is a timely intervention that invites some of the most influential scholars who have contributed to and shaped the discourse around “digital natives” to come and revisit their original ideas from the last decade. The term “digital native” probably bears witness to the strident discourses that, more often than not, fall into the trap of exotically glorifying or despairingly vilifying young peoples’ engagement with digital technologies. As Buckingham points out in his foreword to the book, these conversations either take up the language of a “generation gap [that] entails a narrative of transformation and even of rupture, in which fundamental continuities between the past and the future have been destroyed” or they guise themselves in an “almost utopian view of technology—a fabulous story about technology liberating and empowering young people, enabling them to become global citizens, and to learn and communicate and create in free and unfettered ways” (p. ix). The essays seek a point of departure from these tried and tested arguments in order to provide a “balanced view” on the topic. And so we have a distinguished author list from the world of digital natives scholarship, coming together not only to ponder on their own contributions to the field and how those ideas need to be upgraded, but also to provide new contexts, concepts, and frameworks to understand who, or indeed, what, is a “digital native,” often in tension with their earlier work.

In its ambition of revisiting existing debates and providing a “research-based approach by presenting empirical evidence and argument from international researchers in the field,” the book succeeds unevenly (p. xi). Despite its efforts to chart a point of departure, some of the essays end up falling into some usual traps. For example, despite the fact that the oldest digital natives are probably in their thirties, they are thought of as being young. They are defined only as “students” within formal learning institutions without looking at the radical potential of learning outside organized education, embedded in their everyday practices. The digital natives remain an object of research and the peer-to-peer structures that are supposed to shape them, but do not feature in the methodologies of researching them. This notwithstanding, the essays still offer a historical and social perspective on the debates around digital natives in certain developed pockets of the world.

In the first section, “Reflecting on the Myth,” Thomas’ essay “Technology, Education and the Discourse of the Digital Native” introduces a tension between the techno-euphorists and the “digital luddites,” which replays itself through the rest of the contributions. While Thomas places himself between “technoevangelism” and “technoskepticism,” Prensky, who coined the term “Digital Natives” in 2001, then introduces to us a new binary of “digitally wise” and “digitally dumb” (p. 4). Prensky reviews the responses that his opposition of “digital natives” and “digital immigrants” have produced over the last decade and emphasizes that his coinage was at the level of a metaphor, and was not to be taken seriously. Prensky agrees that the earlier opposition might be discarded because it evokes too many simple responses based on skills with technology. Digital wisdom, for Prensky, is in the ways in which digital technologies enhance the human brain “to anticipate second- and third-order effects to which the unaided mind may be blind” as the world becomes too complex for the “unenhanced human brain” to cope with it (p. 23). Typically, Prensky’s argument creates a dichotomy of those who can (and will) and those who will be outside of this web of digital enhancements. His analysis tries to complicate the idea of human wisdom by looking at questions of ethics and agency, but the final formulations appear cliche´d, merely re-creating the older tensions rather than thinking through them. Jones’ following essay on the “Net Generation” is more persuasive, where he argues for dismissing the idea that “nature of certain technologies . . . has affected the outlook of an entire age cohort in advanced economies” and instead should unpack how “new technologies emerging with this generation have particular characteristics that afford certain types of social engagement” (p.42).

In the second section, titled “Perspectives,” the essays take up two different tones.The first is about looking at digital literacy, skill, and fluency in everyday practices of digital natives, and how they shape our contemporary and future sociopolitical and cultural landscapes. Banaji, in exploring the EU Civic Web Project, echoes Jones’ ideas. The presumptions within education about an entire generation as “born with technologies” has consequences in the field of civic action, where programs for citizen action are designed with expectations that the young people will have core digital competencies and literacy. She does not push that argument further, but in her study of the two Scottish e-initiatives, one can see the promise of a radical reconstruction of civic engagement movements, where the young participants are not going to be satisfied as mere participators, and will demand a space for their voice to be heard.

Takahashi’s essay on the oyaubibunka (“thumb culture”) mobile generations in Japan stands alone in its analysis of an Asian context—though many might argue that Japan, with its developed economy, can hardly be counted as a typically “Asian” perspective. Takahashi is rooted, both in practice and discourse, in youth and technology in Japan, where the youth often experience close-knit community experiences through mobile interfaces, in their otherwise alienated modern habitats. Almost as a response to Turkle’s Alone Together (2011), Takahashi shows how collaborative and cocreation cultures ranging from the mobile novels on Mixi to everyday interaction on Social Networking Systems is bringing in new kinds of social spaces of belonging. The essay, however, resists simply celebrating this space and works in complex ideas of freedom, control, risks, and the tensions between traditionalization and modernity in Japan.

Zimic and Dalin, writing from a similar heavily connected Nordic region, pose a different set of questions in their essay, “Actual and Perceived Online Participation Among Young People in Sweden.” For Zimic and Dalin, in a space where connectivity can be taken for granted, the further question to ask is not whether digital natives participate online or not, but whether they participate in ways that are expected of “a digital citizen in the information age” (p. 137). Through empirical data and case studies, the essay shows the different kinds of activities that youth engage with and also concludes that though engaging in civic issues is important to the young people’s sense of belonging to participatory cultures, using the Internet does not provide an “automatic guarantee” toward participation, and “assistance is required in order to engage them in relevant activities” (p. 148).

The second set of essays in this section all cluster around the digital native as a student. Locating the digital native within educational institutions, they look at the ways in which the ideas of learning, pedagogy and engagement with the text are changing with the rise of digital technologies. Levy and Michael look at two case studies involving students in Australian high schools, to “facilitate a deeper understanding of products and processes in multimodal text construction,” which they think is core to interactive communication technology literacy skills (p. 85). The data is rigorous and rich, but the conclusions are a bit of a disappointment: digital natives need to better manage their time and resources and they need to learn traditional skills in order to cope with their educational environment.

The trend of an exciting hypothesis and conclusion, which do not necessarily leave you with anything more than what you already knew, continues in this section. Erstad sets out on a journey to see how digital literacy posits challenges to educating the digital generation and ends by suggesting that the digital divide should address questions of “how to navigate in the information jungle on the Internet, to create, to communicate, and so forth” (p. 114). Similarly, Kennedy and Judd want to unravel the mystery of why “students, who are so clearly familiar and apparently adept with Internet tools, are at times so poor at using the Internet academically” (p. 119). Through empirical research and interaction with students, they end up making an argument against the Googlization of everything (Vaidhyanathan, 2011), suggesting that “satisficing strategies” of information search, defined by a need for instant gratification and not looking beyond the first information sets, has produced “a generation of students that has grown up with Google [who] may over-value expediency when locating and selecting appropriate scholarly information” (p. 132). On similar trends, Levy proposes to question the assumption of whether all “young children are inherently ‘native’ users of digital technology” for implications on our future pedagogy within the new textual landscape (p. 152). The case studies and the frameworks built are interesting, but they reveal nothing more than the claim that the essay begins with by Marsh et al. (2005) and Bearne et al. (2007) that “young children are immersed in ‘digital practices’ from an early age and that they often develop skills in handling screen texts even when they are not exposed directly to computers at their own homes” (Levy, 2011, p. 163). The implication is clear: change our schools to accommodate for these new textual practices and help children capitalize on their digital competence and develop “digital wisdom.” But it is a recommendation that has been around for at least a decade, if not more.

The third and concluding section of the book, “Beyond Digital Natives,” is possibly the most promising part of the book. Bennett and Maton seek to look beyond “nuanced versions of the idea” and move the debate on to firmer grounds of how the rise of the digital natives is going to affect the policies around educational technology” (p. 169). They engage with a body of work that is specifically oriented toward building empirical evidence-based frameworks for understanding the potential role of technology in education. With a fine conceptual tool that makes distinctions between access and usage, they systemically dismiss the “academic moral panic” that characterizes conversations around youth-technology-change.

For Bennett and Maton, the object of inquiry is not the digital native but the body of discourse that surrounds this particular entity—and they make a plea for research rather than imaginings, showing how the influential work in the area has been plagued by unsupported claims, unevidenced observations, and futuristic imaginations, which paint a poetic picture of digital natives but offer very little in terms of furthering the argument. It is also noteworthy that they do not flinch from critiquing the colleagues who also feature in the same book, as an idealizing and homogenizing group that has shown “diversity rather than conformity” (p. 181).

Palfrey and Gasser, whose Born Digital (2008) has been the guide for lay readers to understand the nuances and complexities of the area, in their essay, begin by acknowledging that “digital natives” is an awkward term. However, they argue, it is still a term that resonates deeply with parents and educators, and that this resonance should not be taken lightly by researchers. Their decision was to use this term, albeit with caution and discretion, strategically to refer to a small subset of young people and the gamut of relationships and engagements they have with digital technologies. The suggestion is to use the term and in every usage, look at the unevennesses and awkwardness it creates, thus actually unpacking an otherwise opaque relationship which is reduced to “usage” or “access.” Their concerns are more about the quality of information and access, infrastructure for critical literacy and digital fluency, and making legible these everyday practices to larger implications for a future that they posit is bright and hopeful.

Deconstructing Digital Natives is an interesting revisit of a term that has grown in different ways through the first decade of the new millennium. However, the book still remains located in the same geopolitics in which the early discourse of digital natives were grounded—developed, privileged locations where connectivity, affordability, and ubiquitous digital literacy are taken for granted—reminiscent of the frantic cries one hears in piracy markets in Bangkok, “same, same, but different.” The revisiting does not seem to feel the need to explore other contexts. A few essays talk about factoring in local and contextual information in understanding digital natives, but the scholarship reinforces the idea of how technologies shape and are shaped by identities in some parts of the world, and that these identities can be heralded as universally viable, with a little nuancing.

The questions that have emerged in this discourse in the recent years, remain ignored. What does a digital native look like in the Global South? Can we have new concepts and frameworks which emerge from these contexts? Is it possible to produce accounts in languages and ideas that are embedded in everyday practices rather than forcing them to become legible in existing vocabularies? One would hope that the next book that deconstructs digital natives would also deconstruct the prejudices, presumptions, and methodological processes that are embedded in this field.

References

Bearne, E., Clark, C., Johnson, A., Manford, P., Motteram, M., & Wolsencroft, H. (2007). Reading on screen. Leicester: UKLA.
Marsh, J., Brookes, G., Hughes, J., Ritchie, L, Roberts, S., & Wright, K. (2005). Digital beginnings: Young children’s use of popular culture, media and new technologies. Sheffield: Literacy Research Centre, University of Sheffield.
Palfrey, J., & Gasser, U. (2008). Born digital. New York, NY: Basic Books.
Turkle, S. (2011). Alone together: Why we expect more from technology and less from each other, NY. New York: Basic Books.
Vaidhyanthan, S. (2011). The Googlization of everything: (And why we should worry). Berkeley, CA: University of California Press.

Nishant Shah is the Director-Research at the Bangalore-based Centre for Internet and Society. He is the principal researcher for a Global South inquiry into digital natives and sociopolitical change, and recently edited four-volume book, Digital AlterNatives with a Cause?, which is available as a free download at http://cis-india.org/digital-natives/blog/dnbook. Correspondence to: Nishant Shah, Centre for Internet and Society, Bangalore, India. E-mail: nishant@cis-india.org

Download the file (originally published by Taylor & Francis) here [PDF, 66 Kb]

Read the original published by Taylor & Francis here

For more details visit https://cis-india.org/digital-natives/young-people-technology-new-literacies

Dataset: Patent Landscape of Mobile Device Technologies in India

rohini — 2016-05-03T20:06:43Z

Patent landscape of mobile technology patents and patent applications held by 50 companies operating in India. Licensed CC-BY-SA 4.0.

Dataset: Patent Landscape of Mobile Device Technologies in India

This dataset contains a landscape of 23,569 patents and patent applications registered in India and relevant to the domain of mobile technology. These patents and patent applications are held by 50 Indian and non-Indian companies operating in the country. The patent landscape has been released under the Creative Commons-Attribution-Share Alike 4.0 (CC-BY-SA 4.0) License as a part of the ongoing Pervasive Technologies research project.

For the detailed methdology used for drawing up this landscape, read: Methodology: Patent Landscaping in the Indian Mobile Device Marketplace

A paper titled "Patents and Mobile Devices in India: An Empirical Survey" published on SSRN in March 2016 presents an analyis of this patent landscape.

For queries regarding the dataset or its reuse, write to rohini@cis-india.org.

Using this dataset:

Assignee: The assignee is one of 50 companies specified in Annexure 4 of the methodology document. Where two assignees are mentioned, the patent was transferred from the second assignee to the first on account of sale of the patent, company merger, etc. For example, "Huawei|NEC" indicates that a patent that belonged to NEC was transferred to Huawei.

Patent Number: This column contains the patent number in the case of granted patents and the application number in case of patent applications. Patent numbers have been coded in the Thomson Reuters database as IN<6 digit number>B. For example, the patent number 247760 in the Indian Patent Office database is coded as IN247760B in this dataset. The application number is coded as well. However, there is a separate column (Column R) for the application number as given in the Indian Patent Office database.

Level 1: Patents and patent applications in the landscape have been categorised into: Body Design, Communication, Connectable Interfaces, Display, Energy Storage, Memory, Operational Blocks, Sensors, Software, and Sound, image and video.

Level 2: Almost all categories have further been divided into sub-categories, i.e., Level 2 categories.

Infrastructure/ UE: Refers to whether the patent pertains to infrastructure and the user equipment (IUE) or only the user equipment (UE).

For more details visit https://cis-india.org/a2k/blogs/dataset-patent-landscape-of-mobile-device-technologies-in-india

Datafication of the Public Distribution System in India

Sameet Panda — 2024-02-12T12:07:40Z

In this study, we look into the datafication of social protection schemes with a special focus on the Public Distribution System in India. Proponents of datafication claim that the benefits will reach the right person and curb leakages through the automation and digitisation of all PDS processes. Aadhaar is the most important link in the datafication; supporters claim that it makes technology people-centric. This study looks at the status of PDS datafication and its impact on the delivery of the scheme in Chhattisgarh and Jharkhand. We also try to understand to what extent the stated objective of portability has been met and how far the challenges faced by the rights holders of the PDS have been resolved.

Read the full report here.

For more details visit https://cis-india.org/raw/datafication-of-the-public-distribution-system-in-india

Data bleeding everywhere: a story of period trackers

sumandro — 2019-12-06T05:03:09Z

This is an excerpt from an essay by Sadaf Khan, written for and published as part of the Bodies of Evidence collection of Deep Dives. The Bodies of Evidence collection, edited by Bishakha Datta and Richa Kaul Padte, is a collaboration between Point of View and the Centre for Internet and Society, undertaken as part of the Big Data for Development Network supported by International Development Research Centre, Canada.

Please read the full essay on Deep Dives: Data bleeding everywhere: a story of period trackers

Sadaf Khan: Media Matters for Democracy and Twitter

...By now there are a number of questions buzzing around my head, most of them unasked. Are users comfortable with so much of their data being collected? Are there really algorithms that string together all this data into medically-relevant trends? How reliable can these trends be when usage is erratic? Are period tracking apps pioneering, fundamental elements of a future where medical aid is digital and reliable data is inevitably linked to the provision of medical services? And if so, are privacy and health soon to become conflicting rights?

I also want to find out how users understand data collection and privacy before giving apps consent to utilize their data and information as they will. Hareem says she gives apps informed consent. ‘If my data becomes a part of the statistics aiding medical research, why not? There is no harm in it. I am getting a good service, and if my data helps create a better understanding as a part of a larger statistical pool, they are welcome to use it.’

But is she really sure that this information will be used only as anonymised data for medical research? ‘Look at the kind of information that is being collected,’ she answers. ‘Dates, mood, consistency of mucus, basal temperature. What kind of use does one have for this data?’

Naila, in turn, says: ‘Honestly, I have never really thought about what happens to the data the application collects. Obviously I enter detailed information about my cycle and my moods and my sex life. But a), my account is under a fake name and b), even if it wasn’t, who would have any use for stuff like when my period starts and ends and what my mood or digestive system is like at any given moment?’

In fact, this sentiment is shared among all the women interviewed for this piece — what use would anyone have for this data?

As users, we often imagine our own data as anonymised within a huge dataset. But as users, we don’t have enough information about how our data is being used — or will be used in future. The open and at times vague language of a platform’s terms and conditions allows menstrual apps to use data in ways that I may not know of. Some apps continue to hold customer data even after an account is deleted. Even though I may technically ‘agree’ to the terms and conditions, is this fully informed consent?

One of the big concerns around this kind of medical information being collected is the potential for collaborations with big pharmaceuticals and other health service providers. With apps sitting on a goldmine of users’ fertility and health information, health service providers might mine their data for potential consumers and reach out directly to them. While this is like any targeted marketing campaign, the fact that the advertiser is likely to be offering medical services to women suffering from infertility and are at their most vulnerable, raises totally different ethical concerns.

And these apps and their businesses might grow in directions that users haven’t taken into consideration. Take Ovia’s health feature for companies to buy premium services for their employees. While the gesture is packaged as a goodwill one, it also means that an employer has access to extremely private and intimate medical information about their women employees. And while the data set is anonymised, it is still possible to figure out the identity of users based on specific information. For example, how many women in any company are pregnant at any given time?...

Pregnant a year after my miscarriage, I initially downloaded multiple apps in a bid to find a good fit. I don’t know which one of these was in communication with Facebook. But almost immediately, my Facebook timeline started becoming littered with ads for baby stuff — clothes, shoes bibs, prams, cribs, ointments for stretch marks, maternity wear, the works.

It makes me think of those old school clockwork-style videos. You drop a ball and off it goes: making dominos fall, knocking over pots and pans, setting in motion absurd, synchronized mechanisms. Similarly, I drop my data and watch it hurtle into my life, on to other platforms, off to vendors. Maybe to stalkers? To employers? Who knows.

For more details visit https://cis-india.org/raw/sadaf-khan-data-bleeding-everywhere-a-story-of-period-trackers

Crowdsourcing Incidents of Communication Privacy Violation in India

sumandro — 2015-10-16T10:49:17Z

In the context of several ongoing threads of debates and policy discussions, we are initiating this effort to crowdsource incidents of violation of digital/online/telephonic privacy of persons and organisations in India. The full list of submitted incidents is publicly shared, under Creative Commons Attributions-ShareAlike 4.0 International license. Please contribute and share with your friends and colleagues.

Report an incident: http://goo.gl/forms/8Xcf0zcWZW

Collected incidents: http://bit.ly/privacy-violation-india (CC BY-SA 4.0)

You are welcome to cross-post this to your website or other online forum. Please provide attribution, and link back to this page. For any clarification, write to Sumandro Chattapadhyay, Research Director, CIS, at sumandro[at]cis-india[dot]org.

For more details visit https://cis-india.org/internet-governance/crowdsourcing-incidents-of-communication-privacy-violation-in-india

Critical Point of View: Videos

nishant — 2010-04-20T20:04:31Z

The Second event for the Critical Point of View reader on Wikipedia was held in Amsterdam, by the Institute of Network Cultures and the Centre for Internet and Society. A wide range of scholars, academics, researchers, practitioners, artists and users came together to discuss questions on design, analytics, access, education, theory, art, history and processes of knowledge production. The videos for the full event are now available for free viewing and dissemination.

These are the links to the videos of all the talks for the CPoV Conference
in Amsterdam - Enjoy!


SESSION 1
http://vimeo.com/10605801 Ramon Reichert (AT)
Rethinking Wikipedia: Power, Knowledge and the Technologies of the Self

http://vimeo.com/10606220 Jeanette Hofmann (DE)
Wikipedia between Emancipation and Self-Regulation

http://vimeo.com/10606547 Mathieu O’Neil
(AU) The Critique of Law in Free Online Projects

http://vimeo.com/10696489 Gerard Wormser(FR)
The Knowledge Bar

SESSION 2


http://vimeo.com/10607993 Joseph Reagle (USA)
Wikipedia and Encyclopedic Anxiety

http://vimeo.com/10608291 Charles van den Heuvel (NL)
Authoritative Annotations, Encyclopedia Universalis Mundaneum, Wikipedia
and the Stanford Encycloped

http://vimeo.com/10697853 Dan O’Sullivan (UK)
An Encyclopedia for the Times: Thoughts on Wikipedia from a His- torical
Perspective

http://vimeo.com/10699949 Alan Shapiro (USA/DE)
Gustave Flaubert Laughs at Wikipedia

http://www.vimeo.com/10607690 Discussion session 2 Encyclopedia Histories
Moderaror: Nathaniel Tkacz
Speakers: Joseph Reagle, Charles van den Heuvel, Dan O'Sullivan, Alan Shapiro

SESSION 3

http://www.vimeo.com/10701587 Hendrik-Jan Grievink (NL)
Wiki Loves Art

http://www.vimeo.com/10702729 Scott Kildall (USA)
Wikipedia Art: Citation as Performative Act

http://vimeo.com/10741921 Patrick Lichty (USA)
Social Media, Cultural Scaffolds, and Molecular Hegemonies. Musings on
Anarchic Media, WIKIs, and De-territorialized Art

http://www.vimeo.com/10607690 Discussion session 3 Wiki Art
Moderator: Rachel Somers Miles
Speakers: Hendrik-Jan Grievink, Scott Kildall, Patrick Lichty

SESSION 4

http://vimeo.com/10747211 Felipe Ortega (ES)
New Trends in the Evolution of Wikipedia

http://vimeo.com/10748335 Stuart Geiger (USA)
Bot Politics: The Domination, Subversion, and Negotiation of Code in
Wikipedia

http://vimeo.com/10748727 Hans Varghese Mathews (IN)
Clustering the Contributors to a Wikipedia Page

http://vimeo.com/10748888 Esther Weltevrede  (NL) and Erik Borra (BE/NL)
Controversy Analysis with Wikipedia

http://www.vimeo.com/10749027 Discussion session 4 Wiki Analytics
Moderator: NIshant Shah
Speakers: Felipe Ortega, Stuart Geiger, Hans Varghese Mathews, Esther
Weltevrede & Erik Borra

SESSION 5

http://vimeo.com/10750350 Lawrence Liang (IN)
Wikipedia and the authority of knowledge

http://vimeo.com/10750495 Teemu Mikkonen (FI)
Kosovo War on Wikipedia, Tracing the Conflict and Concensus on the
Wikipedia Talk pages

http://vimeo.com/10799887 Andrew Famiglietti (USA)
Negotiating the Neutral Point of View: Politics and the Moral Economy of
Wikipedia

http://vimeo.com/10772241 Florian Cramer(DE/NL)
The German WikiWars and the limits of objectivism

http://www.vimeo.com/10799600 Discussion session 5 Designing Debate
Moderator: Caroline Nevejan
Speakers: Lawrence Liang, Teemu Mikkonen, Andrew Famiglietti, Florian Cramer

SESSION 6

http://vimeo.com/10772313 Mayo Fuster Morell (IT)
Wikimedia Governance: The Role of the Wikimedia Foundation and the Form
and Geopolitics of its Internationalization

http://vimeo.com/10800562 Athina Karatzogianni (UK)
Wikipedia’s Impact on the Global Power-Knowledge Hierarchies

http://vimeo.com/10800100 Maja van der Velden (NL/NO)
When Knowledges Meet: Database Design and the Performance of Knowledge

http://vimeo.com/10800206 Amit Basole (IN)
Knowledge Satyagraha: Towards a People’s Knowledge Movement

http://www.vimeo.com/10800354 Discussion session 6 Global Issues and Outlooks
Moderator: Johanna Niesyto
Speakers: Mayo Fuster Morell, Athina Karatzogianni, Maja van der Velden,
Amit Basole

For more details visit https://cis-india.org/research/conferences/conference-blogs/cpovvid

Critical Point of View: A Wikipedia Reader

praskrishna — 2011-05-13T07:24:16Z

For millions of internet users around the globe, the search for new knowledge begins with Wikipedia. The encyclopedia’s rapid rise, novel organization, and freely offered content have been marveled at and denounced by a host of commentators. Critical Point of View moves beyond unflagging praise, well-worn facts, and questions about its reliability and accuracy, to unveil the complex, messy, and controversial realities of a distributed knowledge platform.

The essays, interviews and artworks brought together in this reader form part of the overarching Critical Point of View research initiative, which began with a conference in Bangalore (January 2010), followed by events in Amsterdam (March 2010) and Leipzig (September 2010). With an emphasis on theoretical reflection, cultural difference and indeed, critique, contributions to this collection ask: What values are embedded in Wikipedia’s software? On what basis are Wikipedia’s claims to neutrality made? How can Wikipedia give voice to those outside the Western tradition of Enlightenment, or even its own administrative hierarchies? Critical Point of View collects original insights on the next generation of wiki-related research, from radical artistic interventions and the significant role of bots to hidden trajectories of encyclopedic knowledge and the politics of agency and exclusion.

Contributors: Amila Akdag Salah, Nicholas Carr, Shun-ling Chen, Florian Cramer, Morgan Currie, Edgar Enyedy, Andrew Famiglietti, Heather Ford, Mayo Fuster Morell, Cheng Gao, R. Stuart Geiger, Mark Graham, Gautam John, Dror Kamir, Peter B. Kaufman, Scott Kildall, Lawrence Liang, Patrick Lichty, Geert Lovink, Hans Varghese Mathews, Johanna Niesyto, Matheiu O’Neil, Dan O’Sullivan, Joseph Reagle, Andrea Scharnhorst, Alan Shapiro, Christian Stegbauer, Nathaniel Stern, Krzystztof Suchecki, Nathaniel Tkacz, Maja van der Velden

Colophon: Editors: Geert Lovink and Nathaniel Tkacz. Editorial Assistance: Ivy Roberts and Morgan Currie. Copy-Editing: Cielo Lutino. Design: Katja van Stiphout. Cover Image: Ayumi Higuchi. Priner: Ten Klei, Amsterdam. Publisher: Institute of Network Cultures, Amsterdam. Supported by: The School for Communication and Design at the Amsterdam University of Applied Sciences (Hogeschool van Amsterdam DMCI), the Centre for Internet and Society (CIS) in Bangalore and the Kusuma Trust.

Download the pdf for free here
To order a hard copy of the reader, send an email: books@networkcultures.org

Geert Lovink and Nathaniel Tkacz (eds), Critical Point of View: A Wikpedia Reader, Amsterdam: Institute of Network Cultures, 2011. ISBN: 978-90-78146-13-1, paperback, 385 pages.

For more details visit https://cis-india.org/research/conferences/conference-blogs/wikipedia-reader

CPOV : Wikipedia Research Initiative

nishant — 2011-08-23T02:52:25Z

The Second event, towards building the Critical Point of View Reader on Wikipedia, brings a range of scholars, practitioners, theorists and activists to critically reflect on the state of Wikipedia in our contemporary Information Societies. Organised in Amsterdam, Netherlands, by the Institute of Network Cultures, in collaboration with the Centre for Internet and Society, Bangalore, the event builds on the debates and discussions initiated at the WikiWars that launched off the knowledge network in Bangalore in January 2010. Follow the Live Tweets at #CPOV

Second international conference of the CPOV Wikipedia Research Initiative :: March 26-27, 2010 :: OBA (Public Library Amsterdam, next to Amsterdam central station), Oosterdokskade 143, Amsterdam.

Wikipedia is at the brink of becoming the de facto global reference of dynamic knowledge. The heated debates over its accuracy, anonymity, trust, vandalism and expertise only seem to fuel further growth of Wikipedia and its user base. Apart from leaving its modern counterparts Britannica and Encarta in the dust, such scale and breadth places Wikipedia on par with such historical milestones as Pliny the Elder’s Naturalis Historia, the Ming Dynasty’s Wen-hsien ta- ch’ eng, and the key work of French Enlightenment, the Encyclopedie. The multilingual Wikipedia as digital collaborative and fluid knowledge production platform might be said to be the most visible and successful example of the migration of FLOSS (Free/ Libre/ Open Source Software) principles into mainstream culture. However, such celebration should contain critical insights, informed by the changing realities of the Internet at large and the Wikipedia project in particular.

The CPOV Research Initiative was founded from the urge to stimulate critical Wikipedia research: quantitative and qualitative research that could benefit both the wide user-base and the active Wikipedia community itself. On top of this, Wikipedia offers critical insights into the contemporary status of knowledge, its organizing principles, function, and impact; its production styles, mechanisms for conflict resolution and power (re-)constitution. The overarching research agenda is at once a philosophical, epistemological and theoretical investigation of knowledge artifacts, cultural production and social relations, and an empirical investigation of the specific phenomenon of the Wikipedia.

Conference Themes: Wiki Theory, Encyclopedia Histories, Wiki Art, Wikipedia Analytics, Designing Debate and Global Issues and Outlooks.

Follow the live tweets on http://twitter.com/#search?q=%23CPOV

Confirmed speakers: Florian Cramer (DE/NL), Andrew Famiglietti (UK), Stuart Geiger (USA), Hendrik-Jan Grievink (NL), Charles van den Heuvel (NL), Jeanette Hofmann (DE), Athina Karatzogianni (UK), Scott Kildall (USA), Patrick Lichty (USA), Hans Varghese Mathews (IN), Teemu Mikkonen (FI), Mayo Fuster Morell (IT), Mathieu O’Neil (AU), Felipe Ortega (ES), Dan O’Sullivan (UK), Joseph Reagle (USA), Ramón Reichert (AU), Richard Rogers (USA/NL), Alan Shapiro (USA/DE), Maja van der Velden (NL/NO), Gérard Wormser (FR).

Editorial team: Sabine Niederer and Geert Lovink (Amsterdam), Nishant Shah and Sunil Abraham (Bangalore), Johanna Niesyto (Siegen), Nathaniel Tkacz (Melbourne). Project manager CPOV Amsterdam: Margreet Riphagen. Research intern: Juliana Brunello. Production intern: Serena Westra.

The CPOV conference in Amsterdam will be the second conference of the CPOV Wikipedia Research Initiative. The launch of the initiative took place in Bangalore India, with the conference WikiWars in January 2010. After the first two events, the CPOV organization will work on producing a reader, to be launched early 2011. For more information or submitting a reader contribution.

Buy your ticket online (with iDeal), or register by sending an email to: info (at) networkcultures.org. One day ticket: €25, students and OBA members: €12,50. Full conference pass (2 days): €40, students and OBA members: 25.

Organized by the Institute of Network Cultures Amsterdam, in cooperation with the Centre for Internet and Society in Bangalore, India.

For more details visit https://cis-india.org/research/conferences/conference-blogs/cpov

COVID-19 Charter Of Recommendations on Gig Work

Aayush Rathi and Ambika Tandon — 2020-05-13T08:53:02Z

Tandem Research and the Centre for Internet and Society organised a webinar on 9 April 2020, with unions representing gig workers and researchers studying labour rights and gig work, to uncover the experiences of gig workers during the lockdown. Based on the discussion, the participants of the webinar have drafted a set of recommendations for government agencies and platform companies to safeguard workers’ well being. Here are excerpts from this charter of recommendation shared with multiple central and state government agencies and platforms companies.

Summary of discussions from the COVID-19 and Gig Economy webinar, authored by Zothan Mawii, Tandem Research

Contributors

Aayush Rathi, Ambika Tandon and Tasneem Mewa, The Centre for Internet and Society, India
Aditi Surie, Indian Institute for Human Settlements
Anita Gurumurthy and Nandini Chami, IT for Change
Astha Kapoor, Aapti Institute
Dharmendra Vaishnav, Indian Delivery Lions (IDL)
Janaki Srinivasan, International Institute of Information Technology, Bangalore
Kaveri Medappa, University of Sussex
Pradyumna Taduri, Fairwork Foundation
Rakhi Sehgal, Gurgaon Shramik Kendra
Sangeet Jain, Researcher
Shaik Salauddin, Indian Federation of App-based Transport Workers (IFAT)
Shohini Sengupta, Assistant Professor of Research, Jindal School of Banking and Finance
Simiran Lalvani, Independent researcher
Tanveer Pasha, Ola, Taxi 4 Sure and Uber Drivers and Owners’ Association (OTU)
P. Vignesh Ilavarasan, Researcher and professor, IIT Delhi
Vinay Sarathy, United Food Delivery Partners’ Union (UFDPU)
Vinay K. Sreenivasa, Advocate, Alternative Law Forum
Zothan Mawii, Iona Eckstein and Urvashi Aneja, Tandem Research

Context

The nationwide lockdown in response to the ongoing COVID-19 pandemic has had a devastating impact on ‘gig workers’ working for on-demand service platforms such as those providing ride-hailing, home-based work and food delivery services and also e-commerce companies. Those driving for on-demand transportation companies have lost their source of livelihood as services remain suspended.

Workers for on-demand delivery and home-based services, on the other hand, have been deemed “essential” and continue to work although demand has fallen drastically. Earnings for delivery workers have fallen to as low as INR 100-300 per day for a whole day’s work. Workers face a high risk of contracting COVID-19 due to their exposure to multiple customers. Apprehensions are rising after a delivery worker for Zomato tested positive for COVID-19 in New Delhi. Demand has fallen further but delivery workers must continue to put themselves and their families’ health and safety at risk with limited or no provisions for personal protective equipment or other safety measures offered by companies.

The relief works announced by the central and state governments do not specifically provide for ‘gig workers’. At the same time, the measures announced by on-demand service companies are inadequate, ambiguous and inconsistent. The eligibility, manner and quantum of relief and the process of availing relief is unclear to workers.

We urge you to bolster the socio-economic and healthcare protections for ‘gig workers’ in India in light of the outbreak of COVID-19. Any efforts aimed at directing relief to ‘gig workers’ will have to be combined, involving the central and state governments and on-demand service companies.

We suggest that the measures adopted incorporate the recommendations outlined below. The recommendations have been drafted after discussion between civil society actors including labour unions from delivery and transportation sectors, researchers, and activists. A summary of the discussions leading to this charter of recommendations can be found here.

Charter of Recommendation on Gig Work

For more details visit https://cis-india.org/raw/covid-19-charter-of-recommendations

Consultation on 'National Geospatial Policy' - Notes and Submission

sinha — 2016-03-29T17:03:31Z

The Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP) to provide appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality. A pre-drafting consultation meeting for the NGP was organised in Delhi on February 03, 2016. Ms. Anubha Sinha represented CIS at the meeting, and shares her notes.

National Geospatial Policy - Pre-Drafting Consultation Meeting

Keeping in mind the importance of geospatial data in the context of national development, the Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP). The Committee is Chaired by Major General Dr. R Siva Kumar, former Head of Natural Resources Data Management System (NRDMS) and CEO of National Spatial Data Infrastructure (NSDI), and Dr. Bhoop Singh, Head of NRDMS and NSDI Division at Department of Science and Technology, as Member Secretary. The Policy aims at providing appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality.

A pre-drafting consultation meeting for the NGP was organised in Delhi by Dr. Valli Manickam, Professor at the Academic Staff College of India, on February 03, 2016, and CIS was invited to take part in it as the only participant from the civil society. The other participants included representatives from the geospatial industry and industry associations (like FICCI and CII), and Ms. Ranjana Kaul, Partner at Dua Associates. Among the drafting committee members, Major General Dr. R Siva Kumar, Dr. Bhoop Singh, Dr. Sandeep Tripathi (IFS), and Wing Commander Satyam Kushwaha were present.

National Geospatial Policy - Concept Note

The purpose of the meeting was to hear the stakeholders' response to a Concept Note on the NGP, circulated prior to the meeting [1]. The Note sets out the principles and concerns of the proposed policy, which plans to guarantee geospatial data availability, accessibility, quality and in consonance with the imperatives of national security and intellectual property rights. The applicability of the policy is aimed at:

all geospatial data created, generated and collected using public funds provided by Central and State Governments and International donor organizations, directly or through authorized agencies.

The note suggests establishment of an "empowered body" to ensure proper creation, updates, management, dissemination, and sharing of the data, and management of an online portal for the same. The institutional mechanism to implement the policy will be composed of an Appellate authority / National High Power Implementation Committee, the NGP Implementation Committee, and the NGP Steering Committee.

Notes from the Meeting

The Welcome Address was delivered by Dr. Bhoop Singh (Head of NRDMS and NSDI Division, DST) who informed the participants that the Expert Committee had already met National Security Council and heard their concerns on the policy. The principles on which the proposed policy is to be based were also shared. The policy resulted from an exercise started two years ago to fix quality and accuracy of geospatial data, which was when it was realised that there were significant gaps that need urgent redressal. It was also identified that in previous initiatives to manage geospatial data at the national level, some data-generating organisations had been left behind. The chief concerns for the Expert Committee are 1) tailoring a policy suited to India's unique security issues, 2) avoiding a blanket open policy that may lead to misuse of low resolution data, 3) heeding restrictions on mapping, considering that 43% of landmass was not represented on maps presently (a probable solution was to do feature based mapping), and 4) clarifying government regulation of drone-based mapping. Security concerns were raised frequently throughout the meeting. The Committee also recognised that for development, data sharing should be made more open. The Committee was keen to have the private industry as a partner in generation of geospatial data.

Private industry representatives agreed with the objectives of the policy and were willing to contribute to geospatial data generation. The Expert Committee mulled over the possibility of creating a Public Private Partnership to cater to data generation. The private industry complained about the lack of efforts in popularising geospatial technologies and making the process of tenders more transparent.

There were suggestions to examine the policies of other jurisdictions facing similar internal security threats as India, and delineating the types of data that could be openly shared (for instance, geospatial data from border regions versus non-border regions). Segregation of restricted and open geospatial data can also be done on the basis of its end-application, such as for military and engineering purposes. Participants also requested the creation of a clear Do's and Don'ts guideline. CIS presented a written submission that raised seven key concerns. These are listed in the section below.

On the question of making an open data policy, it was suggested that the committee needs to decide the fundamental approach of the policy first - whether the policy should be based on prohibition and restriction, or focus on identifying and regulating open and free geospatial. The UN General Assembly document on Principles relating to remote sensing of the Earth from space provides an appropriate international point of reference [2].

After listening to the concerns and comments of the stakeholders, the core committee made the following concluding remarks:

Existing policies of government and defence should be mapped out to avoid conflict or overlap with the proposed NGP policy
The sharing of data vests with government agencies and other organisations recommended by them – there needs to be a transparent mechanism for such recommendation based sharing
Industry should come up with self-regulatory mechanisms, do's and don'ts, and code of conduct
Develop a secure mechanism for providing data on sensitive areas (in terms of national security;
Even the defence agencies sometimes cannot access maps due to policies of the National Remote Sensing Centre and other agencies – such inconsistencies need to be fixed

It was announced that the next consultation will occur in a couple of months, and will be open to the public at large, including representatives of industry, defence, and civil society.

Key Concerns about the NGP Concept Note

1. Complete lack of availability of open geospatial data from Indian government agencies: No government agency in India publish open geospatial data. While maps are often sold, both in printed and in digital form, they are not provided in a machine-readable open format and under an open license. The concept note towards NGP has made strong commitments towards changing this situation. There is an immediate need to participate in the NGP drafting process, with coordination among various civil society actors interested in open geospatial data, to ensure that these principles are carried into and operationalised in the actual NGP document.

2. Need for explicit and comprehensive set of criteria to determine if a set of geospatial data is sensitive for national security reasons: In formal and informal conversations with various agencies collecting and creating geospatial data in India, the role played by security agencies in blocking proactive and reactive public disclosure of geospatial data, and even intra-governmental sharing of such data, has been highlighted. Addressing this issue requires development of an explicit and comprehensive list of criteria that will establish a clear and rule-based system for identifying if a specific geospatial data set is to be categorised as “shareable” or “non-shareable.”

3. No clarity regarding legal status of citizen/crowd-sourced geospatial data, and initiatives to generate them: Open user-contributed geospatial data, especially through the OpenStreetMap platform, has emerged as a key driver of the global geospatial services industry. There is a legal ambiguity created by the National Mapping Policy regarding generation of such data in India, which came into focus when Survey of India filed a case against Google for organising a Mapathon contest, which invited Indian users to add metadata about physical and built features through Google Maps platform.1 The NGP needs to expressly provide legal sanction (and perhaps framework) for citizen/crowd-sourcing of geospatial data.

4. Fragmented institutional structure for collection, management, and distribution of different kinds of geospatial data: Survey of India, Indian Institute of Remote Sensing, and Indian Space Research Organisation are all key government agencies involved in creating and managing geospatial data. Further, Election Commission of India is involved in preparing geospatial data about electoral units and their boundaries. The National Spatial Data Infrastructure was conceptualised to harmonise and centralise the geospatial data management processes, but is yet to be implemented with the backing of a policy or an Act. The NSDI can be institutionalised via the NGP as the national archive, aggregator, and distributor of open geospatial data, being originally collected and created by a range of government agencies.

5. Integration of National Geospatial Policy with National Data Sharing and Accessibility Policy (NDSAP): The proactive disclosure of “shareable” geospatial data using open geospatial standards and under open licenses must be carried out under the purview of the NDSAP, and through the open government data platform established through NDSAP. The decisions regarding licensing of open government data, as being discussed by the a committee set up under NDSAP, must also be applicable to open geospatial data that will be published following the instructions of the NGP. Further, instead of multiple online sources of open geospatial data collected by various Indian government agencies, must be identified as the primary and necessary source for publication of open geospatial data.

6. Integration of National Geospatial Policy with Right to Information (RTI) Act: Geospatial data must be treated as a special category of information under the RTI Act, which necessitates that if an Indian citizen requests for geospatial data from a government agency under the purview of RTI Act, the agency must provide the data in a human-readable and machine-readable open geospatial standard, and not only in the printed format, as key qualities of digital geospatial data can be substantially lost when printed in paper.

7. Need for special infrastructure for management and publication of real-time geospatial (big) data, and governance of the same: With increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. The need for special infrastructure for such data, as well as its governance, has not been discussed in the concept note for NGP, which is a major omission.

Endnotes

[1] See: https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf.

[2] UNGA 41/65. Principles Relating to Remote Sensing of the Earth from Space: http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf.

For more details visit https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016

Comments on the National Geospatial Policy (Draft, V.1.0), 2016

sumandro — 2016-06-30T09:40:59Z

The Department of Science and Technology published the first public draft of the National Geospatial Policy (v.1.0) on May 05, 2016, and invited comments from the public. CIS submitted the following comments in response. The comments were authored by Adya Garg, Anubha Sinha, and Sumandro Chattapadhyay.

1. Preliminary

1.1. This submission presents comments and recommendations by the Centre for Internet and Society ("CIS") on the proposed draft of the National Geospatial Policy 2016 ("the draft Policy / the draft NGP") [1]. This submission is based on Version 1.0 of the draft Policy released by the Department of Science and Technology ("DST") on May 5, 2016.

1.2. CIS commends the DST under the aegis of the Ministry of Science and Technology, Government of India, for its efforts at seeking inputs from various stakeholders to draft a National Geospatial Policy. CIS is thankful for this opportunity to provide a clause-by-clause submission.

2. The Centre for Internet and Society

2.1. The Centre for Internet and Society, CIS, [2] is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.

2.2. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. The comments in this submission aim to further the principle of citizens’ right to information, instituting openness-by-default in governmental activities, and the various kinds of public goods that can emerge from greater availability of open (geospatial) data created by both public and private agencies and crucially, by the citizens. The submission is limited to those clauses that most directly have an impact on these principles.

3. Comments and Recommendations

This section presents comments and recommendations directed at the draft policy as a whole, and in certain places, directed at specific clauses of the draft policy.

3.1. The draft policy should make references to five policies applicable to geospatial data, products, services, and solutions

3.1.1. CIS observes that the draft policy lists the key policies related to geospatial information and sharing of government data, namely the National Map Policy 2005, the Civil Aviation Requirement 2012, the Remote Sensing Data Policy 2011 and 2012, and the National Data Sharing and Accessibility Policy 2012 (“NDSAP”).

3.1.2. CIS submits that apart from the policies mentioned above, Geospatial Data,Products, Services and Solutions (“GDPSS”) are also intricately linked to concepts of “open standards,” “open source software,” “open API,” “right to information,” and prohibited places” These concepts are governed by specific acts and policies, and are applicable to geospatial data, as follows:

Adoption of Open Standards: CIS observes that the draft policy captures the importance of open standards in the section 1.4 of the draft policy. It states that “A very high resolution and highly accurate framework to function as a national geospatial standard for all geo-referencing activity through periodically updated National Geospatial Frame [NGF] and National Image Frame [NIF] by ensuring open standards based seamless interoperable geospatial data.”

CIS submits that the Policy on Open Standards for e-Governance [3] which establishes the Guidelines for usage of open standards to ensure seamless interoperability, and the Implementation Guidelines of the National Data Sharing and Accessibility Policy, 2012 [4] listing two key open standards for geospatial data - KML and GML, should be mentioned in the draft policy.

CIS recommends that the final version of the NGP embrace open standards as a key principle of all software projects and infrastructures within the purview of the Policy. This is essential for easier sharing and reuse of open (geospatial) data.
Adoption of Open Source Software: The Policy on Adoption of Open Source Software for Government of India states that the “Government of India shall endeavour to adopt Open Source Software in all e-Governance systems implemented by various Government organisations, as a preferred option in comparison to Closed Source Software” [5]. As the draft policy proposed to guide the development of GDPSS being developed and implemented both by the Government of India and by other agencies (academic, commercial, and otherwise), it must include an explicit reference and embracing of this mandate for adoption of Open Source Software, for reasons of reducing expenses, avoiding vendor lock-ins, re-usability of software components, enabling public accountability, and greater security of software systems.
Implementation of Open APIs: To actualise the stated principle to “[e]nable promotion, adoption and implementation of emerging / state of the art technologies” as well as to ensure the “[a]vailability of all geospatial data collected through public funded mechanism to all users,” CIS suggests that final version of the NGP must refer to and operationalise the Policy on Open Application Programming Interfaces (APIs) for Government of India [6]. This will ensure that the openly available geospatial data is available to the public, as well as to all the government agencies, in a structured digital format that is easy to consume and use on one hand, and is available for various forms of value addition and innovation on the other.
Right to Information Act 2005: The framework for reactive disclosure of information and data collected and held by the Government of India, as well as the basis for proactive disclosure of the same, is enshrined in the Right to Information Act 2005 [7]. The draft NGP, CIS proposes, should refer to this Act, and ensure that whenever an Indian citizen request for such government data and/or information that is of geospatial in nature, and the requested data and/or information is both shareable and non-sensitive, the citizen must be provided with the geospatial data and/or information in an open standard and under open license, as applicable.
Refer to Official Secrets Act, 1923: The Official Secrets Act defines “Prohibited Places” and prohibits all activities involving “sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly; or indirectly, useful to an enemy or (c) obtains collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy” [8]. This provides the fundamental legal basis for regulation, expunging, and stopping circulation of geospatial data containing information about Vulnerable Points and Vulnerable Areas. CIS submits that this Act should be referred to in this context of ensuring non-publication of sensitive geospatial data (that is geospatial data related to Prohibited Places).

3.2. Grant adequate permissions to the public to re-use geospatial data

3.2.1. CIS observes that section 1.4 of the draft policy states that, “Geospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available and accessible by Indian Mapping and imaging agencies.”

3.2.2. CIS recommends the abovementioned section be broadened to include not only availability and accessibility of geospatial data, but also its re-use. Further, such accessibility, availability and re-use should not be only limited to public and private entities such as Indian mapping and imaging agencies, but as well as to Indian people in general.

3.2.3. CIS further submits that section 1.4 be revised as “[g]eospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available, accessible, and reusable by Indian mapping and imaging agencies in particular, and by the people of India in general.”

3.3. Ensure Open Access to shareable and non-sensitive geospatial data

3.3.1. CIS observes that the draft policy directs all “geospatial data generating agencies” to classify their data into “open access,” “registered access,” and “restricted access.” The document, however, neither defines “geospatial data generating agencies”, nor does it clarify what conditions the data must satisfy to be classified as one of the three types. Without a listing of such conditions (at least necessary, and not sufficient, conditions), nothing restricts the agencies from classifying all generated geospatial data as “restricted.”

3.3.2. Further, CIS observes that the draft policy aims to provide geospatial data acquired through public funded mechanism to be made available to the public at free of cost. It is submitted that the policy should not only be made available for free of cost, but it should also be made available in open standard format under an open license.

3.3.3. As defined in the section 1.3, the National Data Sharing and Accessibility Policy (“NDSAP”) applies to “all shareable non-sensitive data available either in digital or analog forms but generated using public funds” [9]. Clearly all shareable [10] and non-sensitive [11] geospatial data, either in digital or analog forms, and generated using public funds should be proactively disclosed by the government agency concerns in accordance to the NDSAP. CIS recommends that the draft policy makes an explicit reference to NDSAP when discussing the topic of Open Access geospatial data, and re-iterates the mandate of proactive publication of shareable and non-sensitive government data.

3.3.4. Further, the process for defining an open government data license to be applied to all open government data sets being published under the NDSAP, and through the Open Government Data Platform India, is in progress. Given this, it is absolutely crucial important that the draft NGP takes this into consideration, and mandates that Open Access geospatial data must be published using the open government data license to be defined by the Implementation Guidelines of the NDSAP, when applicable.

3.4. Lack of clarity regarding the clearances and permits required for data acquisition and dissemination, and the procedures thereof

3.4.1. Section 1.8 of the draft policy states that “[a]ll clearances / permits, as necessary, for data acquisition and dissemination be through a single window, online portal. These clearances be provided within a time span of 30 days of filing the online request.” CIS observes that the draft policy does not specify the kind of clearances/permits needed before a public or private entity, or an individual, can undertake acquisition and dissemination of geospatial data. It neither clarifies under what circumstances and conditions application for such clearance / permits would be required for users.

3.4.2. Since the recently published draft Geospatial Information Regulation Bill (“GIRB”) 2016, directly addresses this topic of clearance / permit required to acquire and share geospatial information [12], it will be effective if the NGP can refer to this Bill and provide an overall governance framework for the same. Further, CIS noted that the time span of 30 days mentioned in the draft policy is inconsistent with the time period specified in the GIRB (which is 90 days).

3.4.3. CIS recommends that the draft policy also be amended suitably to include the circumstances and conditions under which required permissions shall be issued. Accordingly, the draft policy should reference the standardised and time bound security vetting process envisaged in the GIRB.

3.5. Clarification Needed regarding “Cybersecurity is to be ensured through … use of Digital Watermarks for authentication of GDPSS”

3.5.1. CIS submits that the draft policy does not elaborate on the use of “Digital Watermarks” to ensure cybersecurity, neither it is explained who will authenticate GDPSS, under what conditions, and for what reasons. CIS recommends that the draft policy be amended suitably to specify the same.

3.6. Remove Classification of Non-Public (at Present) Satellite / Aerial Imagery as Restricted by Default

3.6.1. CIS observes that the draft policy recommends that “[s]atellite/aerial images of resolution other than those currently made available on websites” should all be “classified for restricted access.”

3.6.2. CIS submits that blanket categorisation of all satellite / aerial imagery of resolution that is not currently available through a public website (for whatever reason it might be) as “restricted access” should be re-evaluated, given the immense importance of such imagery to mapping agencies and industry participants using GDPSS.

3.6.3. CIS recommends that the section be revised to define clear principles for defining satellite /aerial imagery as “open,” “registered,” and “restricted.”

3.7. Governance of User-contributed Geospatial Data

3.7.1. A key resource and feature of contemporary geospatial industry in particular, and the digital economy in general, is the proliferation of user-contributed and user-generated geospatial data and information. CIS observes that this crucial topic, as well as the unique governance concerns that it raises, has not been addressed in the draft policy at all. CIS requests the DST to consider this matter with due attention to the specific nature and values of such user-contributed and user-generated in the digital economy on one hand, and in emergency contexts such as natural disasters on the other, and prepare a framework for its appropriate governance as part of the NGP itself.

3.8. Protect Geospatial Privacy of Citizens by Defining Sensitive Personal Geospatial Data and Information

3.8.1. CIS observes that the draft policy lacks rules for collection, use, storage, and distribution of geospatial data from an individual’s privacy standpoint. Further, neither does the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 address these concerns [13]. Section 3 of the Rules define “Sensitive personal data or information”, which do not include geospatial information.

3.8.2. The argument of violation of constitutional right to privacy was pleaded in a case against Google and other private mapping agencies in 2008 [14]. In the judgment, Madras HIgh Court noted that there existed no legislation/guidelines to prohibit mapping programmes from conducting their activities indiscriminately, and the lack of one thereof prevented the Court from injuncting such activities. Thus, there exists a judicial ambiguity on the aspect of collection and use of geospatial data.

3.8.3. CIS submits that the draft policy may be suitably amended to ensure that collection, processing and dissemination of geospatial information is in consonance with the constitutionally protection of an individual’s privacy.

3.9. Clarification Needed regarding “Mechanisms to be put in place to evaluate / audit GDPSS creation, consumption and distribution”

3.9.1. The draft policy suggests that “mechanisms to be put in place to evaluate/audit GDPSS creation, consumption and distribution” without clarifying the scope, purpose, and purview of this mechanism, and most crucially it does not describe what exactly will be evaluated / audited. CIS submits that this section is revised and expanded.

3.9.2. The same section also identifies the need for a “framework to be put in place to assess the data collection versus its utilization towards government program and socio-economic development.” CIS observes that this is a very promising and much welcome gesture by the DST, but this section must be developed as a separate and detailed mandate. At the least, the NGP may suggest that a more detailed guideline document regarding this framework will be developed in near future.

3.10. Data Taxation and Geospatial Cess

3.10.1. The draft policy refers to imposition of “data taxation (geospatial cess)” and use of “licensing” of geospatial data to raise money for geospatial activities of the Government of India. CIS is of the opinion will severely affect the geospatial industry in the country in particular, and will raise the monetary barrier to public use of geospatial data and maps in general; and hence must be strictly avoided.

3.11. Data Dissemination Cell

3.11.1. CIS submits that instead of development of a separate Data Dissemination Cell within all government agencies to operationalise the mandate of the NGP, the Chief Data Officers within all government agencies identified under the implementation process of the NDSAP be given this complementary responsibility. This would ensure effective channelisation of human and financial resources to take forward the joint mandate of NGP and NDSAP towards greater public availability and use of (shareable and non-sensitive) government data.

3.12. Special Infrastructure for Governance, Management, and Publication of Real-time Geospatial Data

3.12.1. A key term that the draft policy does not talk about is “big data.” The static or much-slowly-changing geospatial data such as national boundaries and details of Vulnerable Points and Vulnerable Areas are really a very small part of of the global geospatial information. The much larger and crucial part is the real-time (that is continuously produced, stored, analysed, and used in almost real-time) big geospatial data – from geo-referenced tweets, to GPS systems of cars, to mobile phones moving through the cities and regions. Addressing such networked data systems, where all data collected by digital devices can quite easily be born-georeferenced, and the security and privacy concerns that are engendered by them, should be the ultimate purpose of, and challenge for, a future-looking NGP.

3.12.2. Further, with increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. CIS submits a sincere request to DST to highlight the crucial need for special infrastructure for such data, as well as its governance, and identify the key principles concerned in the next version of the draft NGP.

3.13. Sincere Request for Preparation and Circulation of a Second Public Draft of the National Geospatial Policy

3.13.1. CIS commends the DST for publishing the draft policy, and facilitating a consultation process inviting stakeholders and civil society to submit feedback. The NGP envisages to address crucial concepts of privacy, licensing, intellectual property rights, liability, national security, open data, which cut across and impact various technology platforms, industries and the citizens.

3.13.2. In view of the multifarious issues highlighted that arise at the intersection of various legal and ethical concepts, CIS respectfully requests the DST to conduct another round of consultation after the publication of the second draft of the NGP. Multiple rounds of consultation and feedback would contribute to the robustness of the lawmaking process and ensure that the final policy safeguards the general public interest, and the interests and rights of various stakeholders involved.

3.13.3. CIS is thankful to DST for the opportunity to provide comments, and would be privileged to provide further assistance on the matter to DST.

Endnotes

[1] See: http://www.dst.gov.in/sites/default/files/Draft-NGP-Ver%201%20ammended_05May2016.pdf.

[2] See: http://cis-india.org/.

[3] See: https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf.

[4] See: http://data.gov.in/sites/default/files/NDSAP.pdf.

[5] See: http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf.

[6] See: http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf.

[7] See: http://rti.gov.in/webactrti.htm.

[8] See: http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf, sections 2(d) and 3(b).

[9] See: https://data.gov.in/sites/default/files/NDSAP.pdf.

[10] See section 2.11 of NDSAP.

[11] See section 2.10 of NDSAP.

[12] See: http://mha.nic.in/sites/upload_files/mha/files/GeospatialBill_05052016_eve.pdf.

[13] See: http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf.

[14] J. Mohanraj v (1) Secretary To Government, Delhi; (2) Indian Space Research Organisation, Bangalore; (3) Google India Private Limited, Bangalore, 2008 Indlaw MAD 3562.

For more details visit https://cis-india.org/openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016

Comments on the Draft ICAR Open Access Policy

nehaa — 2013-05-28T06:44:45Z

The following comments were submitted to the Indian Council for Agricultural Research on May 23, 2013.

Introduction

The Centre for Internet and Society,[1] is is a not-for-profit research organization. Our substantive areas of work include openness (including openness of government data, open access to scholarly literature, open standards, free and open source software, open educational resources, and open video) access to knowledge and IPR reform, freedom of expression, privacy, accessibility for persons with disabilities, digital humanities and digital natives.[2]It is our belief that openness and collaboration are the agents of innovation and creativity, and the advent of the internet has radically redefined the meaning and practice of openness and collaboration. Pursuant to our vision, we have been actively involved in the area of Openness and the promotion of open access.[3]

Key research and highlights of our work in these areas are as under:

Comments on the Interoperability Framework for e-Governance (Phase 1), submitted to the Department of Information and Technology.[4]
A Status Report on Open Access to Scholarly Literature in India.[5]
A Survey Report on the Online Video Environment in India.[6]
A Report on Open Government Data in India.[7]
An Open Government Data Study.[8]
Publication of multiple blog posts and the conduction of various events including workshops and seminars around Openness and Open Access.[9]

We hope that our commitment to Open Access and Openness, substantiated with our work in these areas leads you to consider our comments to your Draft Open Access Policy favourably.

The Structure of the Report

This report will deal provide feedback on the structure of the policy, various clauses of the policy, what clauses may be omitted (if any) and other clauses that may be included. Additionally, possible challenges that might require to be addressed in the implementation of this policy have also been indicated.

Overview

It is felt that the ICAR Draft Policy on Open Access is fairly comprehensive, covering most areas associated with its implementation, detailed, embodies the principles of openness and open access, and is a step in the right direction towards achieving open access to scientific and scholarly literature, acting as an example for other communities to do the same.[10]

Structural Feedback

It is suggested that the policy be structured along the lines of the UNESCO Library Open Access Policy, with headings including Introduction, the Objectives/Mission Statement of the Policy, Applicability, Repository, Roles and Obligations of various participants, Intellectual Property Law Issues and Implementation.[11]

Feedback on Existing Clauses

The decision of the ICAR to implement an Open Access Policy is commendable, and an encouragement to other institutions to follow suit.

The adoption of OAI-MHP standard will ensure interoperability, given that it is seen as the cornerstone in open access to institutional research output, and failure to utilize this standard would reduce accessibility and therefore the impact of materials, since they are invisible to each other.

The provisions of the content to be made a part of the repository, and the implementation are comprehensive and detailed. Inter alia, measures involving encouragement to publish in journals that allow for open access through archiving, workshops for advocacy and capacity building, adoption of the CC-NC-SA license are appreciated.

Suggested Changes

It is suggested that the Policy include provisions on information to be made available in accessible formats. In pursuance of the same, it is particularly suggested that the ICAR adopt measures to publish literature that is made available through this Open Access mechanism in formats accessible for visually impaired/print disabled persons, to truly realise the underlying aims of Open Access.

It is suggested that in addition to class/lecture notes already included under the content, ‘course content’ developed for any class/seminar/lecture in any university/college/educational institution be made a separate category of material to be included for open access.

It is suggested that the following sentence in the proposed policy be further clarified: “Scientists are advised to mention the ICAR’s Open Access policy while signing the copyright agreements with the publishers”- A clarification is required regarding the application of this sentence and its applicability. Would the policy apply to both those cases where the scientists have copyright over their work, and where the institute has copyright, or to only one of these scenarios?

It is suggested that the ICAR participate in the development and promote the building of cross institutional services (cross repository services) to further the aims of Open Access,[12] and the same be reflected in the forthcoming policy.

It is suggested that the forthcoming policy include an explicit provision on long term digital preservation[13] of the collected information, including possible measures that the ICAR may adopt to this end.

It is suggested that the forthcoming policy include a specific provision that requires contributing scientists/researchers etc. to explicitly declare that they have the copyright for and have obtained the necessary permissions to post and contribute to the Open Access Project.

It is suggested that the ICAR take steps for aiding the development of Open Access Journals. In furtherance of the same, the ICAR could have links of the websites of these Journals on its own repository, such that the link to the articles on the websites of these Journals leads directly to the ICAR Repository. Such a move would incentivise authors to contribute, since their effort would be recognised, and researchers would have a persistent source to cite from an archive. This effort would also be in consonance with the broader aims of Open Access that the ICAR is keen to achieve through its proposed policy.

It is suggested that the policy also include measures to encourage persons not members of the ICAR to contribute to the Repository.

It is suggested that as regards the implementation aspects of the creation of this repository, the ICAR would also have to ensure the creation of digital document identifiers for all content to be contributed to and housed on the repository. Additionally, the policy ought to also lay down standards of training and development of the staff and authors to submit content to the repository, and to be able to efficiently utilize the same. It is also suggested that the policy encompass the development of a framework for feedback for users and feedback from users, where the former would provide current statistics and details about articles and contributions to users, and the latter would be a mechanism for users to comment on their experience in utilising the repository.

Concluding Observations

The Centre for Internet and Society deeply appreciates the effort undertaken by the ICAR to bring about Open Access in its area of work, which is definitely a welcome step in the right direction. CIS hopes that given its commitment to Open Access and strong tradition of work in this area, the ICAR would give due regard to the observations made out in this report.

[1]. Hereafter referred to as CIS.

[2]. See http://cis-india.org/about for more details.

[3]. See http://cis-india.org/openness for our work on Openness.

[4]. Available at http://cis-india.org/openness/blog/comments-ifeg-phase-1

[5]. Available at http://cis-india.org/openness/blog/open-access-to-scholarly-literature

[6]. Available at http://cis-india.org/openness/online-video-environment-in-india

[7]. Available at http://cis-india.org/openness/blog/ogd-draft-v2-call-for-comments

[8]. Available at http://cis-india.org/openness/blog/open-government-data-study

[9]. See http://cis-india.org/@@search?SearchableText=open+access for details of our posts and events on Open Access.

[10]. United Nations Educational, Scientific and Cultural Organization, Open Access Policy Concerning UNESCO Publications, available at http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/ERI/pdf/oa_policy_en_2.pdf (last accessed 22 May, 2013).

[11]. Id.

[12]. Gerard van Westrienen and Clifford A. Lynch, Academic Institutional Repositories: Deployment Status in 13 Nations as of Mid 2005, available at http://dlib.org/dlib/september05/westrienen/09westrienen.html (last accessed 22 May, 2013).

[13]. Leslie Chan, Supporting and Enhancing Scholarship in the Digital Age: The Role of Open Access Institutional Repositories , Canadian Journal of Communication, Vol. 29 (3&4), 277, 282.

For more details visit https://cis-india.org/openness/blog-old/comments-on-draft-icar-open-access-policy