Centre for Internet and Society

Technology Culture and Events in South East Asia — A Presentation by Preetam Rai

praskrishna — 2012-12-19T12:25:29Z

Preetam Rai who works with nonprofits, startups and educational institutions will do a small presentation cum discussion at the Centre for Internet & Society, Bangalore on December 18, 2012, from 5.00 p.m. to 6.30 p.m.

In 2012, Myanmar hosted one of the largest open technology event with over 5000 attendees joining the Barcamp Yangon. Every month, Cambodian youth put together dozens of self-initiated peer learning events and actively use social networks to recruit participants. Thais are creating physical spaces where social entrepreneurs and developers collaborate with each other.

Join us to explore these trends and how they are helping change South East Asia. Learn how the technology enthusiasts are ignoring past national antagonism and traveling across borders to connect with peers.

We will introduce you to events and spaces(coworking spaces, hackerspaces) that you can join in to explore this activity first hand when you are traveling through the region.


Participants from several South East Asian countries at BlogFest 2012 in Cambodia.

Preetam Rai

Preetam Rai helps put up technology and educational events in South East Asia. He works with nonprofits, startups and educational institutions helping them connect better with their audiences. He was the South East Asian Regional Editor at Global Voices Online, a social media aggregation project initiated by the Berkman Centre for Internet and Society. He is on twitter at @preetamrai.

VIDEO

For more details visit https://cis-india.org/internet-governance/events/technology-culture-and-events-in-south-east-asia

Comments on the Proposed Rule 138A of the Central Motor Vehicle Rules, 1989 Concerning Radio Frequency Identification Tags

bhairav — 2012-12-04T15:32:55Z

The Centre for Internet & Society gave its comments on the proposed Rule 138A of the Central Motor Vehicle Rules, 1989. The comments were made in response to Notification GSR 738(E) published in the Gazette of India on October 3, 2012.

I Preliminary

1.1 These initial comments are made with regard to Notification GSR 738(E), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), on 3 October 2012
(“Impugned Notification”).

1.2 The Impugned Notification proposes to insert a new rule 138A in the Central Motor Vehicle Rules, 1989 (“CMV Rules”) to make mandatory the installation of radio frequency identification (“RFID”) tags on all light and heavy motor vehicles to enable their instant identification and monitoring by electronic toll collection booths, the police and any other authority or person that is able to query and read RFID tags.

II Validity of the Impugned Notification

(a) The Scope and Limits of the Executive Power of the Union

2.1 The competence of the Central Government to govern by executive action (such as the Impugned Notification) is restricted to the extent of the executive power of the Union.[1] Following the Ram Jawaya Kapur case,[2] it is settled that the extent of the Union’s executive power is coterminous with the legislative power of Parliament even in the absence of controlling legislation in that field.[3] This is in addition to the Union’s subordinate executive power to give effect to legislation through statutory delegation[4] and its directory executive power to give directions to the States.[5] Thus, there are three kinds of executive power exercisable by the Union:

(a) the regular power, exercisable in the absence of controlling legislation, if the subject of executive action is a matter upon which Parliament is competent to legislate;
(b) the subordinate power, exercisable under the terms of a controlling statute, if that statute specifically delegates such a power to the Union; and
(c) the directory power, exercisable within judicial limits, to secure the compliance of the States with the laws of the Union.

2.2 The regular executive power of the Union cannot be exercised over a matter that is controlled by parliamentary legislation.[6] This principle is akin to, but does not correspond exactly with, the doctrine of occupied field which is primarily concerned with the legislative entries contained in Schedule VII of the Constitution of India. Nevertheless, it is settled that since the power of the executive to act is subject to the control of the legislature, a statutory regime, where it exists, cannot be circumvented by the free exercise of executive power.[7] In the case of the Impugned Notification, the Motor Vehicles Act, 1988 constitutes a statutory regime that occupies the field to preclude regular executive action by the Central Government with regard to RFID tags in motor vehicles. The Impugned Notification should next be examined only in light of the scope and limits of the Union’s subordinate executive power since, as the Impugned Notification is not a direction to the States, the Union’s directory executive power is not in issue.

(b) Extent of the Central Government’s Rule-Making Power

2.3 The subordinate executive power of the Union emanates from section 110 of the Motor Vehicles Act, 1988 (“MV Act”) that confers the Central Government with the power to make rules to implement the statute. At this point it is important to note that the legislative competence of the MV Act is traceable to Entry 35 of List III, Schedule VII of the Constitution of India. Entry 35 concerns:

Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.

Entry 35 being a concurrent subject, it is open to both the Union and the States to act to regulate motor vehicles.[8] Accordingly, the MV Act also vests the States with subordinate executive power through sections 28, 38, 65, 95, 96, 107, 111, 138 and 176 which confer State Governments with the power to make rules to implement the statute in, and amend its application to, their particular states. As for the Union, so for the States is the regular executive power precluded by the existence of a statutory regime.[9]

2.4 Section 110 of the MV Act states:

110. Power of the Central Government to make rules. – (1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:-

(a) the width, height, length and overhand of vehicles and of the loads carried;
(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture, and the maximum load carrying capacity;
(c) brakes and steering gear;
(d) the use of safety glasses including prohibition of the use of tinted safety glasses;
(e) signalling appliances, lamps and reflectors;
(f) speed governors;
(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil;
(h) the reduction of noise emitted by or caused by vehicles;
(i) the embossment of chassis number and engine number and the date of manufacture;
(j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road-user;
(k) standards of the components used in the vehicle as inbuilt safety devices;
(l) provision for transportation of goods of dangerous or hazardous nature to human life;
(m) standards for emission of air pollutants;
(n) installation of catalytic convertors in the class of vehicles to be prescribed;
(o) the placement of audio-visual or radio or tape recorder type of devices in public vehicles;
(p) warranty after sale of vehicle and norms therefor:

Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment.

(2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances.

(3) Notwithstanding anything contained in this section,-

(a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter;
(b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.

2.5 The subordinate executive power of the Union, i.e. the rule-making power, is restricted to the exact extent of the delegation.[10] This is a well settled and undisputed principle of administrative law. Therefore, the Central Government cannot, in exercise of the rule-making power granted under section 110 of the MV Act, frame rules for matters for which it has not been specifically empowered under that section. Section 110 of the MV Act does not grant the Central Government the power to make rules for mandating RFID tags on vehicles. Clauses (a) to (p) of section 110(1) descriptively list the matters relating to the construction, equipment and maintenance of motor vehicles that the Central Government is competent to regulate by exercising its executive power. This list is exactingly drafted; the absence of general words or a miscellaneous empowerment obviates the need for examining any particular word or words in clauses (a) to (p) in light of the principle of ejusdem generis.

2.6 In the absence of a specific empowerment, or even a general empowerment that may be positively construed ejusdem generis, only two clauses of section 110(1) require further examination. These are:

(e) signalling appliances, lamps and reflectors; and,
(o) the placement of audio-visual or radio or tape recorder type of devices in public vehicles;

Clause (e), which deals with signalling appliances, cannot be read to include RFID tags since, in accordance with the principle of noscitur a sociis, the meaning of the words “signalling appliances” is derived from its association with the words “lamps and reflectors.”[11] Therefore, RFID tags, which are totally unrelated to lamps, reflectors and related signalling appliances, are not the subject of clause (e). On the other hand, while clause (o) contains an executive empowerment in respect of radio devices, the empowerment only concerns “public vehicles”; and, hence, the installation of RFID tags in non-public vehicles including light vehicles, such as cars, and heavy vehicles, such trucks and lorries, cannot be carried out under this clause. In any event, the word “radio” must be interpreted noscitur a sociis in light of its association with the words “audio-visual” and “tape recorder” to yield an executive empowerment in respect of in-vehicle entertainment devices only.

2.7 Therefore, in the absence of an empowerment under section 110 of the MV Act in respect of RFID tags, the Impugned Notification of the Central Government is ultra vires the MV Act. Rules that are ultra vires the parent statute for exceeding the limits of subordinate executive power are void.[12] The Impugned Notification is both ultra vires its parent statute and void. In this regard, it is instructive to note that it is settled that void rules neither acquire validity by a subsequent conferment of statutory power nor by their publication in the Official Gazette.[13]

III Constitutional Implications regarding Privacy

3.1 Across the world, RFID technology has been challenged on the basis of its intrusion into personal privacy. RFID tags operate on a pre-determined radio frequency; and, unless the tags are programmed to rapidly, constantly and randomly switch frequencies or are able to jam unauthorised queries – an extremely expensive proposition, RFID signals can be easily intercepted. The interception a vehicle’s RFID signals, whether by public authorities or by private persons, can yield detailed locational information of the driver of the vehicle. This is an unwarranted intrusion into the locational privacy of individuals.

3.2 Locational privacy is an intrinsic part of the right to privacy. An intrusion into this right, such as in the form of mandatory RFID tags on vehicles, will reveal information as to inter alia a person’s whereabouts and daily routine as well as addresses of friends’ houses, visits to the hospital, visits to a place of worship, restaurant preferences, addresses of children’s schools and so on. This will affect ordinary citizens, politicians and civil servants equally. All this information will be at the hands of the police. To place the power of tracking and monitoring ordinary individuals with the police, when such technology is not even available with intelligence agencies, would be an act of recklessness. This is compounded by the total lack of safeguards accompanying the attempted imposition of RFID technology.

3.3 Following the Kharak Singh[14] and Gobind[15] cases, the locational privacy of individuals, specifically in relation to their privacy from the police, is constitutionally protected.[16] It is now accepted that privacy is an essential ingredient of personal liberty forming a part of the right recognised under Article 21 of the Constitution. It is further settled that the personal liberty of an individual cannot be taken away except by a law that establishes a procedure that is fair, just and reasonable that withstands the tests of Article 14 and Article 19 of the Constitution.[17]The Impugned Notification, while constituting a “law” under Article 13 of the Constitution, does not create a fair, just and reasonable procedure to deprive individuals of their personal liberty and therefore fails the tests imposed by Maneka Gandhi. Therefore, the Impugned Notification, even if it were not void for want of competence, would be ultra vires the Constitution for violating Article 21.[18]

IV Summary

4.1 In sum:

(a) Section 110 of the MV Act does not bestow on the Central Government a specific empowerment to make rules in respect of RFID tags;
(b) The Impugned Notification exceeds the delegated limits of the Central Government’s subordinate executive power;
(c) The Impugned Notification is ultra vires the MV Act, its parent statute;
(d) Rules that are ultra vires the parent statute for exceeding the limits of subordinate executive power are void;
(e) The Impugned Notification is void;
(f)   The imposition of mandatory RFID tags on vehicles will yield locational information to seriously invade the right to privacy;
(g) The right to privacy is an essential ingredient of personal liberty and is constitutionally protected;
(h) The Impugned Notification violates the right to privacy without creating a fair, just and reasonable procedure to deprive persons of their personal liberty;
(i)   The Impugned Notification is ultra vires the Constitution for violating Article 21;
(j)   Any rule that mandates RFID tags on vehicles to violate the right to privacy is void ab initio.

[1]. Article 73 of the Constitution of India.
[2]. Ram Jawaya Kapur AIR 1955 SC 549.
[3]. Ibid at prs. 12-14.
[4]. See generally, In re Delhi Laws Act AIR 1951 SC 332, Harishankar Bagla AIR 1954 SC 465, Rajnarain Singh AIR 1954 SC 569 and Edward Mills AIR 1955 SC 25.
[5]. See Articles 256 and 257 of the Constitution and State of Rajasthan (1977) 3 SCC 592.
[6]. Bishamber Dayal (1982) 1 SCC 39 at pr. 20.
[7]. Bharat Coking Coal (1990) 4 SCC 557 at prs. 15-17.
[8].Article 253 of the Constitution.
[9]. Article 162 of the Constitution.
[10]. See In re Delhi Laws Act AIR 1951 SC 332, State of Bihar (2000) 4 SCC 640, Shri Sitaram Sugar (1990) 3 SCC 223 [all Constitution Benches], Ramakrishnan Kulwant Rai 1989 Supp (1) SCC 541, K. M. Charia Abdullah (1965) 1 SCR 601, Charanjit Gill (2000) 5 SCC 742, ADM (Rev.) Delhi Administration (2000) 5 SCC 451 and State of Karnataka (1983) 2 SCC 402.
[11]. For foundational Indian case law on the principle of noscitur a sociis, see generally, M. K. Ranganathan AIR 1955 SC 604, Hospital Mazdoor Sabha AIR 1960 SC 110 and Corporation of the City of Nagpur AIR 1960 SC 675.
[12]. See Supreme Court Welfare Association (1989) 4 SCC 187 and State of Karnataka (1983) 2 SCC 402.
[35]. General Officer Commanding-in-Chief (1988) 2 SCC 351 at prs. 12-14.
[14]. Kharak Singh AIR 1963 SC 1295. The majority, speaking through Ayyangar, J., found that ‘domiciliary visits’ conducted by the police in exercise of powers granted under police regulations violated Article 21 of the Constitution; and, the minority speaking through Subba Rao, J., found that both secret police picketing (as to the location of individuals) and domiciliary visits violated both Article 21 and Article 19(1)(d) of the Constitution.
[15]. Gobind (1975) 2 SCC 148.
[16]. For a jurisprudential development of the right to privacy in India, see generally Kharak Singh AIR 1963 SC 1295, R. M. Malkani (1973) 1 SCC 471, Gobind (1975) 2 SCC 148, R. Rajagopal (1994) 6 SCC 632, People’s Union for Civil Liberties (1997) 1 SCC 301, Mr ‘X’ (1998) 8 SCC 296, Canara Bank (2005) 1 SCC 496, Bharat Shah (2008) 13 SCC 5, Naz Foundation (2009) 160 DLT 277, Selvi (2010) 7 SCC 263 and Ram Jethmalani (2011) 8 SCC 1.
[17]. Maneka Gandhi (1978) 1 SCC 248 at prs. 4-14 (per Bhagwati, Untwalia and Fazal Ali, JJ.), 48-49 (per Chandrachud, J.), 62-78 and 79-91 (per Krishna Iyer, J.) and 192-199, 201, 203 and 211-215 (per Beg, CJI.)
[18]. In this regard, see also Supreme Court Welfare Association (1989) 4 SCC 187 and N. Bakshi 1962 Supp (1) SCR 505 for the proposition that rules violating the Constitution are void ab initio.

For more details visit https://cis-india.org/internet-governance/blog/comments-on-motor-vehicle-rules

Section 66-A, Information Technology Act, 2000: Cases

snehashish — 2012-12-06T09:20:51Z

In this blog post Snehashish Ghosh summarizes the facts of a few cases where Section 66-A, Information Technology Act, 2000, has been mentioned or discussed.

There has been numerous instances application of the Section 66-A, Information Technology Act, 2000 (“ITA”) in the lower courts. Currently, there are six High Court decisions, in which the section has been mentioned or discussed. In this blog post, I will be summarizing facts of a few cases insofar as they can be gathered from the orders of the Court and are pertinent to the application of 66-A, ITA.

Sajeesh Krishnan v. State of Kerala (Kerala High Court, Decided on June 5, 2012)

Petition before High Court for release of passport seized by investigating agency during arrest

In the case of Sajeesh Krishnan v. State of Kerala (Decided on June 5, 2012), a petition was filed before the Kerala High Court for release of passport seized at the time of arrest from the custody of the investigating agency. The Court accordingly passed an order for release of the passport of the petitioner.

The Court, while deciding the case, briefly mentioned the facts of the case which were relevant to the petition. It stated that the “gist of the accusation is that the accused pursuant to a criminal conspiracy hatched by them made attempts to extort money by black mailing a Minister of the State and for that purpose they have forged some CD as if it contained statements purported to have been made by the Minister.” The Court also noted the provisions under which the accused was charged. They are Sections 66-A(b) and 66D of the Information Technology Act, 2000 along with a host of sections under the Indian Penal Code, 1860 (120B – Criminal Conspiracy, 419 – Cheating by personation, 511- Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment, 420 – Cheating and dishonestly inducing delivery of property, 468 – Forgery for purpose of cheating, 469 – Forgery for purpose of harming and 201 – Causing disappearance of evidence of offence, or giving false information to screen offender read with 34 of Indian Penal Code, 1860)

Nikhil Chacko Sam v. State of Kerala (Kerala High Court, Decided on July 9, 2012)

Order of the Kerala High Court on issuing of the summons to the petitioner

In another case, the Kerala High Court while passing an order with respect to summons issued to the accused, also mentioned the charge sheet laid by the police against the accused in its order. The accused was charged under section 66-A, ITA. The brief facts which can be extracted from the order of the Court read: “that the complainant and the accused (petitioner) were together at Chennai. It is stated that on 04.09.2009, the petitioner has transmitted photos of the de facto complainant and another person depicting them in bad light through internet and thus the petitioner has committed the offence as mentioned above.”

J.R. Gangwani and Another v. State of Haryana and Others (Punjab and Haryana High Court, Decided on October 15, 2012)

Petition for quashing of criminal proceedings under section 482 of the Criminal Procedure Code, 1973

In the Punjab and Haryana High Court, an application for quashing of criminal proceeding draws attention to a complaint which was filed under Section 66-A(c). This complaint was filed under Section 66-A(c) on the ground of sending e-mails under assumed e-mail addresses to customers of the Company which contained material which maligned the name of the Company which was to be sold as per the orders of the Company Law Board. The Complainant in the case received the e-mails which were redirected from the customers. According to the accused and the petitioner in the current hearing, the e-mail was not directed to the complainant or the company as is required under Section 66-A (c).

The High Court held that, “the petitioners are sending these messages to the purchasers of cranes from the company and those purchasers cannot be considered to be the possible buyers of the company. Sending of such e-mails, therefore, is not promoting the sale of the company which is the purpose of the advertisement given in the Economic Times. Such advertisements are, therefore, for the purpose of causing annoyance or inconvenience to the company or to deceive or mislead the addressee about the origin of such messages. These facts, therefore, clearly bring the acts of the petitioners within the purview of section 66A(c) of the Act.”

Mohammad Amjad v. Sharad Sagar Singh and Ors. (Criminal Revision no. 72/2011 filed before the Court of Sh. Vinay Kumar Khana Additional Sessions Judge – 04 South East: Saket Courts Delhi)

Revision petition against the order of the metropolitan magistrate

In a revision petition came up before the Additional Sessions Judge on the grounds that the metropolitan magistrate has dismissed a criminal complaint under Section 156(3) of the Criminal Procedure Code without discussing the ingredients of section 295-A, IPC and 66-A, IT Act.

In this case, the judge observed that, “...section 66A of Information Technology Act (IT Act) does not refer at all to any 'group' or 'class' of people. The only requirement of Section 66A IT Act is that the message which is communicated is grossly offensive in nature or has menacing character.” He also observed that the previous order “not at all considered the allegations from this angle and the applicability of Section 66A Information Technology Act, 2000 to the factual matrix of the instant case.”

For more details visit https://cis-india.org/internet-governance/blog/section-66-a-information-technology-act-2000-cases

Transcripts from WCIT-12

snehashish — 2012-12-03T14:00:21Z

We are archiving copies of the live-transcripts from the World Conference on International Telecommunications, 2012 (WCIT-12) which is being held in Dubai from 3–14 December, 2012.

This is an unedited rough transcript of the discussions/sessions at the WCIT,2012 which is live-streamed and made available by the ITU. We are hosting the live-streamed text for archival purposes:

Day 1 - WCIT-2012: Opening Ceremony (December 3, 2012)

Day 1 - WCIT-2012: Plenary 1 (December 3, 2012)

For more details visit https://cis-india.org/internet-governance/blog/transcripts-of-wcit-2012

Seminar/Artist Talks : "Outresourcing" with the Transmediale Collective

praskrishna — 2012-12-12T07:06:20Z

Sharath Chandra Ram is presenting a White Paper at this event initiated by the Berlin - Transmediale new media collective in Bangalore on December 3, 2012.

OutResourcing is a collaboration project in 2011-2013 of transmediale, festival for art and digital culture, Berlin in cooperation with CEMA, Center for Experimental Media Arts at Sristhi School of Art, Design and Technology, Bangalore. It is supported by Goethe Institute and the framework of Germany and India 2011-2012: Infinite Opportunities.

OutResourcing explores the pervasive phenomenon of outsourcing from a critical constructive point of view. Outsourcing is often either simply embraced as an economical necessity of labor costs in a global economy or criticised as such on the basis of the uneven distribution of wealth, power and/or labor that it entails.

General Welcome and Introductions

2.00 p.m.	First session “outResourcing Phase 1: Rebugging and Insulating” Moderator: Kristoffer Gansing, artistic director, Transmediale
2.15 p.m.	Kristoffer Gansing – 15 minutes introduction to outResourcing
2.30 p.m.	Prayas Abhinav (Artist talk), MAS*ING: INSULATION, ARTIST TALK
3.00 p.m.	Linda Hilfling (Artist talk), THE REBUGGING MANUALS
3.30 p.m.	Sharath Chandra Ram (Artist talk), CLOSED CAPTION
4.00 - 4.30 p.m.	Common discussion 30 minutes

Break 30 minutes

5.00 p.m.	Second Session “outResourcing Phase 2: “Manufacturing and Copying” Moderator: Abhiyan Humane
5.10 p.m.	Galerie C&V "ESSAY ON PRODUCTIVE RESOURCES"
5.40 p.m.	Presentation of exhibition by Srishti School of Art, Design & Technology in collaboration with Galerie C&V Title - THE CONVENIENT TRUTH
6.15 p.m.	Common discussion 25 minutes

Break 20 minutes

7.00 - 8.00 p.m.

Introduction: Kristoffer Gansing
Keynote lecture: Dieter Daniels: RE-SOURCING THE READY-MADE

For more information about the event, click here.

For more details visit https://cis-india.org/news/seminar-artist-talks-outresourcing-with-the-transmediale-collective

Second International e-Governance Conference

praskrishna — 2012-12-11T10:50:29Z

The second international conference on governance and electronics which is held under the motto "Together Toward Digital Inclusion" is organized by the National Committee for Corporate Governance Electronic Iraq and the United Nations Development Programme at Rashid Hotel in Baghdad from December 2-3, 2012. The event aims to review the achievements of the program e-governance Iraqi national, and discuss the challenges of applying e-governance as a tool to achieve public sector reform and digital inclusion.

Sunil Abraham is a speaker at this event and is presenting on "Review of the Legal Environment in Iraq for Effective e-Governance", and "Government Interoperability Frameworks: Global Overview and implications for Iraq".

Conference Agenda

Sunday, December 2, 2012

09:00 – 10:00	Conference Registration
10:00 – 11:00	Opening Ceremony H.E. Nuri Al-Maliki, Prime Minister of Iraq Ms. Helen Clark, UNDP Administrator H.E. Dr. Abdul Kareem Al-Samaraii, Minister of Science and Technology
11:00 – 11:30	Break
11:30 – 12:30	Plenary session 1: e-Governance and Public Sector Reform Chairman: Dr. Adil Matloob, Minister IT Advisor – Ministry of Science and Technology Mr. Thamir Al Ghadban, Head of the Prime Minister’s Advisory Commission (PMAC) Prof. Subhash Bhatnagar, UNDP Expert Q & A
12:30 – 13:30	Plenary session 2: Citizen Inclusion into the Digital Society Chairman: Mr. Imad Naji, Director General - Ministry of Planning Dr. Laurence Millar, UNDP Expert Dr. Kathim Ibrisim, Director General - Ministry of Planning Q & A
13:30 – 13:40	Plenary Session 3: Challenges of e-Governance Implementation Chairman: Dr. Mahmood Kassim Sharief, Director General – Ministry of Science and Technology
13:40 – 14:00	Break
14:00 – 15:30	Workshop 1: Challenges of implementing an adequate telecommunications infrastructure and Highlighting the role of the private sector and the establishment of the concept of true public-private sector partnership in the field of e-governance Chairman: Mr. Jaber Zwayed Atiyah, Director General – National Security Commission Dr. Rohan Samarajiva Lirne, UNDP Expert Dr. Shahani Markus Weerawarana, UNDP Expert Ms. Raghad Abdulrasoul National Centre for Consultation and Management Development/Ministry of Planning Q&A
13:30 – 14:30	Lunch @ AL-Rashid

Monday, December 3, 2012

09:00 – 09:15	Closure of the Plenary Session 3 Presentation of workshop results
09:15 – 10:45	Plenary Session 4: Effective Role of Local Governments in Framework of e-Governance Program Chairman: Dr. Kathim Ibrisim, Director General - Ministry of Planning Mr. Manu Srivastava, UNDP Expert Dr. Adil Abdullah Shuhaieb, member of e-Governance Committee in Missan Governorate Mr. Anmar Natik Mohammed, Manager of e-Governance Programme in Ninawa Governorate Eng Haider Shaker Yaji , Muthana Governorate Q&A
10:45 – 11:00	Break
11:00 – 12:00	Plenary Session 5: Challenges of Government Interoperability Framework Implementation, Standards and Information Chairman: Mr. Mohammed Raji Mousa, Council of Ministers Secretariat (COMSEC) Mr. Sunil Abraham, UNDP Expert Mr. Ammar Salih and Dr. Firas Hamadani/ Minister of Foreign Affairs Q&A
12:00 – 13:00	Plenary Session 6: Building e-Services Chairman: Dr. Saad Najem / University of Mustanserieh Mr. Emilio Bugli Innocenti, UNDP Expert Dr. Adil Matloob, Minister IT Advisor – Ministry of Science and Technology Mr. Ahmed Saad, Director General – Ministry of Municipality and Public Work Q&A
13:00 – 14:30	Conference Closing Session Chairman: Dr. Samir Attar, Deputy Minister – Ministry of Science and Technology Looking forward Adopt conference recommendation UNDP Closing Speech Government of Iraq Speech
14:30 – 15:30	Lunch @ AL-Rashid

Papers/Speakers Bio Summary

Plenary Session 1: e-Governance and Public Sector Reform

Chairman: Dr. Adil Matloob, Minister IT Advisor – Ministry of Science and Technology

e-Governance and public sector reform/ Subhash Bhatnagar The paper shares experiences from different countries of implementing e-Governance projects that have significantly contributed to governance reform by enhancing transparency and reducing corruption in delivery of public services. Some lessons are drawn for Iraq. E-Governance should be used as a means of implementing public sector reform agenda. The implementation of projects should be accelerated. *Subhash Bhatnagar* is an alumnus of Indian Institute of Technology, Madras and Indian Institute of Management, Ahmedabad (IIMA). Currently he is an honorary adjunct professor at the IIMA. He was a Chair Professor, member of Board of Governors and the Dean of IIMA in his 30 year tenure at IIMA. He has been a visiting Professor in universities in the US and Africa. He worked with the World Bank in Washington DC for six years serving as an advisor to to mainstream e-Governance in the operations of the Bank. He has been a lead speaker in training workshops for ministers and legislators for 16 states in India. His research and consulting work has covered E-Governance, ICT for development, National IT Policy, and Corporate IT Strategy. He has hundred research papers and seven books to his credit which include two books on eGovernance. He is on the editorial boards of seven international journals and has served as Chairman of International Committees in the ICT field. He serves on a number of central and state Government committees in Inda including the steering committee for ICT sector for formulating India’s 12^th Five Year Plan. He was made a Fellow of the Computer Society of India in 1994. He has served on the boards of a number of educational institutions and private enterprises in India. He has travelled to nearly 60 countries, delivering public lectures and conference key notes

Plenary Session 2: Citizen Inclusion into the Digital Society

Chairman: Mr. Imad Naji, Director General - Ministry of Planning

Citizen Inclusion into the Digital Society/ Laurence Millar This paper describes the importance of digital inclusion to achieve the e-governance Vision for Iraq. The paper reports on international experience in digital inclusion and e-governance, using examples from New Zealand, United Kingdom, Bahrain and Taiwan. These experiences illustrate how to develop a plan for increasing digital inclusion in Iraq which is aligned to the wider priorities for social and economic outcomes. Laurence Millar is an independent advisor in the use of ICT by governments, and Editor at Large for FutureGov magazine. He is the lead advisor for the e-government strategy and second action plan for the Kingdom of Saudi Arabia, and has also worked with other GCC countries on their e-government strategies. He provides expert advice to the government on the adoption of digital technology and broadband in schools; he is also Chair of 2020 Communications Trust, which is the leading provider of digital literacy programmes in New Zealand. During his career of more than 35 years, he has worked in the public and private sector, in the UK, USA, Asia and New Zealand. From 2004, he led the New Zealand e-government programme providing leadership in strategy and policy, establishing a foundation of shared infrastructure, and maintaining oversight of government ICT investment; he finished in the role of NZ Government CIO on 1 May 2009. He is married with four adult children and lives in Wellington, New Zealand; he has a MA from Cambridge University and an MSc with distinction from London University.
The role of ICTs in promoting public participation/ Dr. Kathim Ibrisim Participation is a basic feature of good governance, which suggests providing a democratic environment in the community that allows the integration of citizens, institutions of civil society, stakeholders and the poor and marginalized groups into policy-making and follow-up implementation. As much a democratic atmosphere allows for participation good governance can achieve the hopes of community regardless of its different components. This paper provides an assessment of the reality of public participation in Iraq which is based on a survey of public participation in four sectors concerned with providing services (Health/Education/Higher Education/Water and Sanitation). It was carried out by the National Centre and the support of the ESCWA in 2011 - in the light of identification the main challenges facing the participation. It will focus on how to use ICT in promoting public participation in setting priorities and policy-making and follow-up implementation.
Dr. Kathim Mohammed Breisem Okabi, Director General of the National Center for Administrative Development and Information Technology since 2008, holds Ph.D. in object-oriented software engineering, M.A. in empirical computer science – 1989, Higher Diploma in systems analysis – 1982, and B.A. of Statistics – 1980. Dr. Kazem served as a professor at the universities of Jordan (Al al-Bayt University/Philadelphia University) for the period 1996-2008, a professor at the Al-Tahadi University/Libya for the period 1983 – 1992, and a statistician for the period 1980 -1983.

Plenary Session 3: Workshop 1 (Challenges of implementing an adequate telecommunications infrastructure and Highlighting the role of the private sector and the establishment of the concept of true public-private sector partnership in the field of e-governance)

Chairman: Dr. Mahmood Kassim Sharief, Director General – Ministry of Science and Technology

ICT Infrastructure for e-Government and e-Governance in Iraq / Rohan Samarajiva Lirne Governments provisioning e government services have to address two specific policy principles with regard to infrastructure: ensure universal access to their services and assure a higher level of reliability than with comparable private services. Unlike a decade or so ago, governments today do not have to rely solely on common-access centers (telecenters) to provide universal access. In most countries, mobile signals cover almost the entirety of the population; most households have at least one electronic access device; the few that do not, can gain such access. Today’s smartphones have capabilities little different from the early telecenters, except for functionalities such as printing, scanning, etc. and the support of intermediaries. Therefore, delivering voice-based e government services in the short term and mobile-optimized web-based services in the medium term, with common-access centers performing specialized backup functions, is a viable strategy. Conventional web interfaces that adhere to common standards must be maintained but articulated with mobile applications and voice-based services provided through a government call center. In light of difficulties in supplying continuous electricity and security at the present time, special attention has to be paid to reliability. Reliability can be achieved, beginning with a proper understanding of requirements such as the importance of ensuring redundancy of suppliers, paths and media. Samarajiva is founder Chair and CEO of LIRNEasia, a regional think tank focusing on ICT policy and regulation in the emerging Asia Pacific. He most recently completed a diagnostic report on the potential of the ICT Sector for inclusive growth in Bhutan for the Asian Development Bank. He is a member of the team supporting the World Bank to establish the Pacific ICT Regulatory Resource Center, based at the University of the South Pacific in Suva, Fiji. He served as policy advisor to the Ministry of Post and Telecom in Bangladesh in 2006-07 and 2009. In 2002-2004, Samarajiva served as Team Leader of the Public Interest Program Unit of the Ministry for Economic Reform, Science & Technology of Sri Lanka. He was one of the designers of the USD 53 million plus e Sri Lanka Initiative (that had a major e gov focus) that led the way to rapid growth of fixed and mobile broadband in Sri Lanka. He was one of the founder directors of the ICT Agency. Samarajiva has been active in ICT (including telecom) policy and regulation for over 20 years. From 1998-1999, he served as Director General of Telecommunications in Sri Lanka at the invitation of the Government of Sri Lanka. He taught at the Ohio State University in the US (1987-2000) and at the Delft University of Technology in the Netherlands (2000-2003).
The role of private sector software development services companies in e-Government solution implementation/ Shahani Markus Weerawarana Iraq is a country in transformation and has embarked on a compelling vision for e-Government based on a National e-Governance Strategy and Action Plan. Since the private sector plays an important and pivotal role in any national e-Government program, it is important to develop a comprehensive roadmap towards establishing a true public-private sector partnership in Iraq. As a prerequisite for such an endeavor, we review the current status of the e-Government program implementation in Iraq, the critical challenges that need to be addressed in achieving a robust public-private sector partnership in Iraq and the best practices prevalent globally and regionally with respect to addressing such issues along with the resultant policy and program implications. Based on this critical analysis, we formulate many recommendations that could be included in a public-private sector partnership development roadmap that would create momentum in establishing a competitive and vibrant private-sector role in a knowledge-based economic environment geared towards enabling the vision of e-Iraq. Shahani Markus Weerawarana has global experience in the IT industry, government and academia, in a professional career has spanned many different roles, including being an educator, engineer, entrepreneur, manager and researcher. Currently, she is a Visiting Scientist at Indiana University, USA and a Visiting Lecturer at the University of Moratuwa, Sri Lanka. Previously, she was the CTO at the ICT Agency (ICTA) of Sri Lanka, which is the country's apex IT policy & planning agency for implementing the e-Sri Lanka program. At ICTA, she played a key role in providing technical guidance for many eGovernment projects, including spearheading the design and implementation of LankaGate, a 'FutureGov' Award winning project. Prior to joining ICTA, Shahani was the Head of Engineering at Virtusa (Sri Lanka), where she directly and indirectly led more than 600 IT professionals. Before joining Virtusa Shahani worked in the USA, at Prescient Markets Inc and at the IBM TJ Watson Research Center in New York. Her professional activities have included being a member in the Sri Lankan Presidential Task Force in English and IT, an adviser to the Royal Government of Bhutan in their Interoperability Framework and Enterprise Architecture initiative, and a member of the Open eGovernance Forum Advisory Board in the Pan Asia Network for Democratic eGovernance. She is a free & open source software advocate and is a Committer and PMC member in the Apache Software Foundation. Shahani has more than 50 academic publications and her academic activities include the formulation of Asia's first MBA in eGovernance program for the University of Moratuwa, and the supervision of more than 30 MBA and MSc research projects. Her research interests include e-governance, software engineering, parallel & distributed systems, e-science, and TLA practices in higher education. Shahani has a Ph.D. in Computer Science from Purdue University, USA.
Assess the reality of the public-private partnership (PPP) and its role in promoting ICT for development/ Raghad Abdulrasoul This paper, a field survey in four service sectors (health, education, higher education, water and sanitation), aims at identifying the reality and types of PPPs and how could such partnerships contribute in the provision of or complement services within the target sectors in addition to understand and recognize the quality of the services provided by the private sector than in the public sector with a focus on the role of PPP in the promotion of ICT to support national development efforts and improve the quality of public services. Raghad Abdulrasoul, an expert at the National Center for Administrative Development and Information Technology, Higher Diploma in Development Planning/specialty in feasibility studies and B.A. of Statistics. She has functional experience and participated in implementing projects with international organizations (UNICEF/UNDP/ESCWA) in different subjects dealing with the reform and modernization of the Iraqi public sector. She performed many advisory tasks for various institutions in the state in subjects (performance evaluation, organizational structures, job descriptions , mainstreaming of procedures). She provided a variety of lectures at the National Centre and state institutions in the areas of administration, planning and feasibility studies.

Workshop 2 Challenges for creating an enabling legal environment
Chairman: Mrs Afaf Khairallah Hussein, Prime Minister Office

Review of the legal environment in Iraq for effective e-Governance/ Sunil Abraham This paper examines the legal environment and compares it to international best practices for information society aspects that have direct implication for e-governance. It begins with transparency and openness law where there is an examination of right to information/access to information law and subsidiary policies such as free/open source software policy, open content or access policy, open standards policy, electronic accessibility policy, open government data policy. Then it examines privacy law looking at various options for the horizontal statute and also the vertical statutes necessary to comprehensive protect citizen/consumer rights and also public interest simultaneously. This is followed by an examination of intellectual property rights law overall before a more focussed examination patent law and copyright law. The paper ends with examination of some miscellaneous statutes such as the Cyber Crime Law and Electronic Signature and Electronic Transactions Act. Sunil Abraham is the executive director of the Centre for Internet and Society (CIS), Bangalore. CIS is a 4 year old policy and academic research organisation that focuses on accessibility by the disabled, intellectual property rights policy reform, openness [Free/Open Source Software, Open Standards, Open Content, Open Access and Open Educational Resources], internet governance, telecom, digital natives and digital humanities. He is also the founder of Mahiti, a social enterprise aiming to reduce the cost and complexity of information and communication technology for the voluntary sector by using free software. Sunil continues to serve on the board of Mahiti. He is an Ashoka fellow and was elected for a Sarai FLOSS fellowship. For three years, Sunil also managed the International Open Source Network, a project of United Nations Development Programme's Asia-Pacific Development Information Programme, serving 42 countries in the Asia-Pacific region. In 2007 - 2008, he managed ENRAP an electronic network of International Fund for Agricultural Development projects in the Asia-Pacific, facilitated and co-funded by International Development Research Centre, Canada. Sunil currently serves on the advisory boards of Open Society Foundations - Information Programme, Mahiti, Tactical Technology Collective, Samvada and International Centre for Free/Open Source Software.
Implementation of the e-system in the Iraqi elections/Dr. Tariq Kazim Ajil, University of Thi Qar

Plenary Session 4: Effective Role of Local Governments in framework of e-Governance Program

Chairman: Dr. Kathim Ibrisim, Director General - Ministry of Planning

Municipal e-Governance Platform / Manu Srivastava The paper discusses the Municipal eGovernance Platform developed by eGovernments Foundation (eGov). The paper sees this in the back ground of the policies and frameworks that the shaped the Municipal eGovernance sector in India. The paper discusses the basic design approach for developing the platform, the platform itself and then discusses the future direction for the platform. *Manu Srivastava* Bio: Manu Srivastava managed and a founding member of the eGovernments Foundation since 2003, that aims at creating an eGovernance Platform (Municipal ERP) to improve the efficiencies of City Municipalities leading to better delivery of services. Between 2000 and 2003, Manu was the project leader of GlobeTrades (Silicon Valley), for creation an Internet platform for medium and large companies to set up industry specific Internet-based solutions to streamline global Procurement and Distribution. He Architected and delivered award winning Citizen Services Solutions in area of eGovernance such as Nirmala Nagara.
Ninawa e-Governance Roadmap/ Anmar Natik Mohammed, Manager of e-Governance Programme in Ninawa Governorate

Plenary Session 5: Challenges of Government Interoperability Framework Implementation, Standards and Information

Chairman: Mr. Mohammed Raji Mousa, Council of Ministers Secretariat (COMSEC)

Government Interoperability Frameworks: Global Overview and implications for Iraq/ Sunil Abraham This paper attempts to identify some next steps for the implementation of the Iraqi Government Interoperability Framework and National Enterprise Architecture[GIF/NEA]. The paper begins with an introduction which provides an historical overview of the GIF/NEA formulation process an the policy document itself. This is followed by a discussion of Open Standards to understand why the GIF/NEA and other open standards policies in the Iraqi government remain critical from a variety of perspectives. The paper then proceeds to look at GIFs across the world and attempts to characterize some of the strategies employed by governments to reach their policy objectives. The paper also features a examination of emerging semantic standards that are most useful from the perspective of storing government data. The paper ends with certain concrete recommendations for taking the open standards agenda forward with Iraqi e-governance. Sunil Abraham is the executive director of the Centre for Internet and Society (CIS), Bangalore. CIS is a 4 year old policy and academic research organisation that focuses on accessibility by the disabled, intellectual property rights policy reform, openness [Free/Open Source Software, Open Standards, Open Content, Open Access and Open Educational Resources], internet governance, telecom, digital natives and digital humanities. He is also the founder of Mahiti, a social enterprise aiming to reduce the cost and complexity of information and communication technology for the voluntary sector by using free software. Sunil continues to serve on the board of Mahiti. He is an Ashoka fellow and was elected for a Sarai FLOSS fellowship. For three years, Sunil also managed the International Open Source Network, a project of United Nations Development Programme's Asia-Pacific Development Information Programme, serving 42 countries in the Asia-Pacific region. In 2007 - 2008, he managed ENRAP an electronic network of International Fund for Agricultural Development projects in the Asia-Pacific, facilitated and co-funded by International Development Research Centre, Canada. Sunil currently serves on the advisory boards of Open Society Foundations - Information Programme, Mahiti, Tactical Technology Collective, Samvada and International Centre for Free/Open Source Software.

Plenary Session 6: Building e-services

Chairman: Dr. Saad Najem / University of Mustanserieh

Breaking information silos: towards an Iraqi e-Service ecosystem supporting the life-event approach/ Emilio Bugli Innocenti This paper analyses the current status of the e-Service implementation within the e-Governance programmes in developing countries with a specific focus on the Life Event approach delivery of-e-Services along with the related Service Oriented Architecture. Then, it discusses the most suited SOA engineering methodology in order to boost e-Service re-use and integration. Finally, a combined SOA and Cloud Computing approach is proposed in order to provide an effective/efficient implementation of Iraqi e-Governance Action Plan along with a possible fast take-up of e-Services. Emilio Bugli Innocenti has 27 year experience in the ICT domain and over 20 in the e-Governance domain. As Senior e-Governance Consultant he has been working with assignments in transition and developing countries in the Balkans, Caucasus, Middle East, South America and South East Asia. He has been Project Manager of large International ICT projects targeting different sectors and e-Governance, in particular dealing with the implementation of e-Services. He is member of the Italian Industry Executive Association, IEEE Computer Society and Association for Computing Machinery. He holds a MSc in Physics and speaks English, Italian and French.
E-governance and cloud computing services This lecture addresses the historical perspective of cloud computing from a virtual concept to provide computing as a public facility launched in the mid-sixties of the last century as well as the phases of computing services offered by individual computers and then the network to the services provided on line. It also addresses the benefits and types of cloud computing comparing between the benefits and weaknesses of each type. Furthermore, it particularly tackles the economic benefits of balancing security with information, through the architecture and various levels of cloud computing and its impacts on architectures that must be taken into consideration. Furthermore, the ten risks will be put in cloud computing in particular. Adil Matloob is one of the advisors to the Ministry of Science & Technology Baghdad, Iraq. He works in the field of knowledge based systems and artificial intelligence for the last 30 plus years. He was the managing director of the SoftDev limited; a British based company, and a technical director for the Washington based multinational company; the United Press International. He is one of the pioneers’ researchers on machine translation software in the beginning of the nineties with the product known as ArabTrans software. He works on Arabic data mining as well as Arabic abstraction and Arabic knowledge based system. Adil has M.Sc and PhD from Manchester University, Manchester, United Kingdom in 1977 & 1980 respectively.

For more details visit https://cis-india.org/news/second-international-e-governance-conference-at-baghdad

So Much to Lose

nishant — 2012-12-07T16:39:09Z

Unless you have been hiding under a rock, you have been a witness to the maelstrom of events that accompanied the death of the political leader Bal Thackeray.

Nishant Shah's column was published in the Indian Express on December 2, 2012.

Unless you have been hiding under a rock, you have been a witness to the maelstrom of events that accompanied the death of the political leader Bal Thackeray. For me, the brouhaha was elbowed out by the case of the police arresting two women for critiquing the events on Facebook. The person who wondered about the nature of the enforced mourning and the state of our public life, and her friend who “liked” the comment on Facebook, were booked and arrested under charges that can only be considered preposterous.

I will not repeat these arguments because it is needless to say that I am on the side of the women and think of this as yet another manifestation of the stringent measures which are being evolved as an older broadcast way of thinking meets the decentralised realities of digital technologies.

In the midst of this the idea of internet freedom needs to be revisited. The global Press Freedom Index 2011-12 report compiled by Reporters Without Borders, ranks India at 131, or as a “partly free” country, marking us as a country where the notion of internet freedom is not to be taken for granted, and possibly also one where the concept is not properly understood.

Citing various instances from the central government’s plans to censor the social web to the authoritarian crackdown on activists and cultural producers involved in online civic protests, from the traditional media industry’s stronghold over intellectual property regimes to the arrest of individuals for voicing their independent critiques online, the report shows that we not only have an infrastructure deficit (with only 10 per cent of the people in the country connected), but also a huge social and political deficit, which is being exposed by our actions and reactions to the Web.

Take the case of professor Ambikesh Mahapatra dean of the chemistry department of Jadavpur University, who was picked up by the police and lodged in the lock up for almost 40 hours for forwarding an e-mail that contained a cartoon of Trinamool Congress leaders Mamata Banerjee, Mukul Roy and Dinesh Trivedi. He and his housing society co-resident Subrata Sengupta were charged with defamation and outraging the modesty of a woman. While the proceedings are underway with the next date of hearing slated in February, 2013, the Jadavpur university professor says, “Section, 66A of the IT Act is being used for suppression of the freedom of speech. In my opinion, it is being misused by the state government, repeatedly. The section does not empower anyone to arrest those who voice their opinion and never meant to harm anybody’s image. Prompt action is needed to check the misuse of law.”

Likewise, Ravi Srinivasan, a 46-year-old a businessman from Pondicherry, was arrested for tweeting against Karti Chidambaram, son of Union Finance Minister P Chidambaram. His arrest and consequent release has not blunted his spirit. He says, “At the time (of the arrest) I had not heard of Section 66(A). I still cannot fathom why and how a tweet sent out to just 12 people — half of them family and friends — caught the eye of the police. By evening, when I had come home from the police station, my Twitter following had gone up to 1,700. About 15,000 people re-tweeted the statement that got me arrested.”

Given the series of incidents that have marked the last year and the whimsical nature of regulatory injunctions on internet freedom in the country, it might be a good idea for us to reflect on democracy and freedom.

We need to examine the fundamental nature of freedom, and how these attempts at regulating the internet are only a symptom of the systemic failures of enshrining freedom of speech, information, identity and dignity in India. However, internet freedom is often a difficult concept to engage with, because it is one of those phrases that seem to be self-explanatory but without a straightforward explanation. There are three axes which might be useful to unpack the baggage that comes with internet freedom, both for our everyday practices, and our imagined future:

Freedom of: The freedom of the internet is something that is new and needs more attention. We have to stop thinking of the internet as merely a medium or a conduit of information. As the Web becomes inextricably linked with our everyday lives, the internet is no longer just an appendage or an externality. It becomes a reference point through which our social, political and economic practices are shaped. It becomes a defining point through which we draw our meanings of what it is to be a part of the society, to have rights, to be politically aware, to be culturally engaged — to be a human. The freedom of the Net is important because the crackdowns on the Net are an attack on our rights and freedoms. The silencing of a voice on Facebook, might soon gag the voices of people on the streets, creating conditions of silence in the face of violence perpetuated by the powerful.

Freedom to: Freedom to the internet is often confused with access to the internet. While, of course, access is important in our imagination of a just society where everybody is equally connected, freedom is also about creating open and fair societies. If the power of the internet is in creating alternative spaces of expression, deliberation and opinion-making, then the freedom to the internet is about being safe and responsible in these spaces. A society that controls these spaces of public discussion, under the guise of security and public safety, is a society that has given up its faith in freedom.

Freedom for: It is often not clear that when popular technologies of information and communication are regulated and censored, it is not merely the technology that is being controlled. What is being shaped and contained is the way people use them. The freedom for the internet is about the freedom for people. The possibility that Internet Service Providers are being coerced into revealing personal information of users to police states, that intermediaries are being equipped to remove content that they find offensive from the web, and that views expressed on the social media can lead to legal battles by those who have the power but not the acumen to exercise it, all have alarming consequences. There is a need to fight for freedom, not only for the defence of technology but also for the defence of the rights that we cherish that risk being eroded.

The case of these Facebook arrests is not new. It has happened before and it will continue happening as immature governments are unable to cope with the real voices of representational democracy. These cases sometimes get naturalised because they get repeated, and even without our knowledge, can start creating a life of fear, where we internalise the regulatory system, not voicing our opinions and ideas for fear of persecution. And so, whether you agree with their politics or not, whether you endorse the viewpoints of the people who are under arrest, whether you feel implicated or not in this case, we have to realise that even if we might not agree with somebody’s viewpoint, we must defend their right to have that particular viewpoint. Anything else, and tomorrow, when you want to say something against powers of oppression, you might find yourself alone, as your voice gets heard only by those who will find creative ways of silencing you.

— With inputs from Gopu Mohan, Madhuparna Das and V Shoba

For more details visit https://cis-india.org/internet-governance/blog/indian-express-dec-2-2012-nishant-shah-so-much-to-lose

List of Chairman and Members of CRAC

snehashish — 2012-12-02T06:22:25Z

Notification on the constitution of the "Cyber Regulation Advisory Committee"

LIST OF CHAIRMAN AND MEMBERS OF CYBER REGULATION ADVISORY COMMITTEE

NOTIFICATION[1]

17th October, 2000

In exercise of the powers conferred by section 88 of the Information Technology Act, 2000 (21 of 2000) the Central Government hereby constitute the “Cyber Regulation Advisory Committee”, consisting of the following, namely: –

1. [2][Minister, Communication and Information Technology] - Chairman

2. Secretary, Legislative Department - Member

3. Secretary, [3][Ministry of Communication and Information Technology, Department of Information Technology] - Member

4. Secretary, Department of Telecommunications - Member

5. Finance Secretary - Member

6. Secretary, Ministry of Defence - Member

7. Secretary, Ministry of Home Affairs - Member

8. Secretary, Ministry of Commerce - Member

9. Deputy Governor, Reserve Bank of India - Member

10. Shri T.K. Vishwanathan, Presently Member Secretary, Law Commission - Member [sic]

11. President, NASSCOM - Member

12. President, Internet Service Provider Association - Member

13. Director, Central Bureau of Investigation - Member

14. Controller of Certifying Authority - Member

15. Information Technology Secretary by rotation from the States - Member

16. Director General of Police by rotation from the States - Member

17. Director, IIT by rotation from the IITs - Member

18. Representative of CII - Member

19. Representative of FICCI - Member

20. Representative of ASSOCHAM - Member

21. [4][Scientist “6”, Department of Information Technology] - Member Secretary

2. Travelling Allowance/Dear Allowance, as per the Central Government rules, for non-official members shall be borne by the Ministry of Communication and Information Technology, Department of Information Technology.

3. The Committee may co-opt any person as member based on specific meetings

_______________________

[1] Vide G.S.R. 790(E), dated 17th October, 2000

[2] Subs. by G.S.R. 839(E), dated 23rd December, 2004 for “Minister, Information Technology”.

[3] Subs. by G.S.R. 839(E), dated 23rd December, 2004 for “Minister, Information Technology”.

[4] Subs. by G.S.R. 839(E), dated 23rd December, 2004 for “Senior Director, Ministry of Information Technology”

For more details visit https://cis-india.org/internet-governance/resources/chairman-and-members-of-crac

Meeting of the Network of Internet & Society Centers

praskrishna — 2012-12-11T10:18:41Z

The Berkman Center for Internet & Society at Harvard University together with the Alexander von Humboldt Institute for Internet & Society in Berlin, in collaboration with the Centre for Internet and Society Bangalore, the Center for Technology & Society at the Fundação Getulio Vargas (FGV) Law School, KEIO University SFC, the MIT Media Lab, the MIT Center for Civic Media, and the NEXA Center for Internet & Society, will host a highly interactive and participatory meeting of representatives from these and other research centers focused on Internet and society issues.

Taking place on December 6-8 in Cambridge, Massachusetts, this gathering will serve as the inaugural event for a nascent global network and create an opportunity for participants to scope and identify mechanisms for collaboration, research, and informal coordination.

Theme

Internet-driven Developments: Structural Changes and Tipping Points As a starting point, the December meeting will focus on the theme of “Internet-driven Developments: Structural Changes and Tipping Points,” provoking both substantive questions to facilitate ideas for collaboration, as well as process-oriented questions regarding the structure, governance, and composition of the network of centers. This topic is intended to provide a conceptual lens for the meeting itself, and to enable myriad connections to the diverse research areas and interests of the participating organizations; however, it is not meant to frame the thematic areas of the network writ large. Rather, we hope that the theme stimulates conversations about future areas of collaboration within and beyond the topic areas outlined in this concept note.

With this goal in mind and building upon the research interests of the participants, the two proposed overarching “horizontal” questions of the meeting are:

What are the structural changes (as opposed to hype, fashion, spikes, etc.), from societal, economic, legal, and educational perspectives, promoted by the Internet and related technological advancements? What do we know about these tectonic shifts and where are knowledge gaps? How do these shifts compare to earlier changes facilitated by new technologies? What further changes do we anticipate?
2 What are the forces and tipping points that have catalyzed these structural changes— including the actions of individuals (such as users, citizens, and individual activists) and institutions (such as government, business, and civil society)? Where do we currently see or anticipate tipping points? As a research community that seeks to inform advocacy efforts, policymaking, civic discourse, and other societal interests, how can these concepts inform or drive our activities?

We hope to discuss these guiding (“horizontal”) questions in the context of exploring two areas of research or use cases (“verticals”), which might inspire future activities of the network itself as well as collaboration among participants:

Political participation: Various research efforts over the past decade have focused on the question of if and how the Internet changes political participation, from new forms of electronic voting to the broader question of potential changes in political discourse in the digitally networked public sphere. During the meeting, we will take stock of the current landscape, with a particular focus on recent elections and political movements around the globe, and explore open questions, future research directions, questions, emerging tools and methodologies.

Production modes: Digital technologies in general and the Internet in particular have changed the ways in which goods are produced and services provided. Within this context, new modes of production — most prominently “peer-based” models — have emerged, accompanied by innovative organizational models and set-ups. Questions we hope to explore include: How relevant are these shifts from an economic, organizational, societal, business, and creative perspective? Has recent empirical research confirmed the theory of commons-based peer production, or challenged it? What conditions facilitate new modes of Internet-based production and what are the benefits and challenges from a public policy perspective? What do interesting case studies in the field, from collaborative online journalism to crowd-funding, tell us about the direction of this trend?

In a number of learning calls leading up to the meeting, we hope to further specify the proposed substantive areas, identify core issues of mutual interest for discussion, nominate speakers and rapporteurs, and learn about each other’s work in respective areas.

Key Objectives

The meeting will not only focus on substantive issues within the proposed themes, but also seek to provide a foundation for discussions regarding structural and process-oriented objectives for the network.

Substantive goals include: based on the proposed themes and topics, becoming familiar with each other’s work; facilitating the exchange of information regarding current and future projects, research areas, and innovative methods; identifying connection points, concrete ideas for initial and continued institutional collaborations on projects, and tools to support sustained and future efforts; and building a shared vocabulary and structure for collaboration among Internet & society centers, including existing and potential actors in the Global South.

Structural/process-oriented objectives include: defining the scope and core DNA of the network; exploring initial structures for governance, shared research, exchange programs, and mechanisms for collaboration; and identifying tools and practices for communication among teams, within the network, and externally.

From Ideas to Action

Using the substantive discussion as a jumping-0ff point, we will collectively explore how to apply lessons learned from the process of conducting interdisciplinary and international research into a network that embodies those same values. What analytical frames and empirical indicators can researchers offer to better inform policy makers and citizenry? How can we make public debates more rational and informed? What are methodological and data issues we should consider in research projects? What role do we envision for advocacy and broader communication for greater societal impact? How do these discussions inform and scope the potential areas of activity of the network? Through what specific mechanisms, such as research, tool development, convenings, or teaching, will Centers address these challenges? Invited colleagues, collaborators, and guests will provoke discussions and pose questions that challenge current assumptions and encourage experimentation.

Mode of Engagement

We are committed to leveraging the tremendous diversity of the participants to develop novel understandings — and approaches to reaching them — by actively embracing differences in geography, discipline, organizational approach, culture and context, among many other facets. Not only must we consciously address the more straightforward challenges of translation (language and discipline), but we must proactively develop ways to meaningfully and efficiently engage the deeper divisions we identify among us. Allowing differences to become splits would be unfortunate, but more importantly, it is at precisely these gaps where new perspectives are possible, and great gains are within reach.

Fulfilling this commitment will be a real challenge because it requires behavior change on our part. We must avoid or explain terms of art, make explicit and explore our assumptions, explain our methods, perform necessary translations, and otherwise take steps to maximize hospitality and genuine understanding. Because this work is interactive in nature, it is essential that we are economical in our group discussion, leaving as much time for the interactions that will highlight and address gaps, rather than making extended monologues that risk losing other participants and sacrifice the provocative stimuli offered by our diversity. In short, let us be clear, brief and to the point. Let us listen to each other closely and encourage new voices, rather than inadvertently privileging only a few dominant ones. Let us be aware that participants will have different styles of engagement, and that we need to collectively find ways to embrace them, even as they adapt to this special environment. Above all, let us have enjoy this rare opportunity to gather and engage on issues we care about with this unique group of colleagues.

Draft Agenda

Thursday, December 6
9:30-1:00 pm (Optional) Cyberscholars Forum For those meeting participants who arrive in Cambridge early, we welcome them to attend a half day meeting of the Cyberscholars Working Group, which includes fellows from the Berkman Center for Internet & Society, Yale Information Society Project, MIT Media Lab / Center for Civic Media, and other institutions.
3:00 Opening Exercise: Mapping Collaboration The opening session of the symposium on “Structural Changes and Tipping Points” will include participants of the Cyberscholars forum, and will highlight the landscape of existing collaborations among researchers, as well as generate ideas for new modes and methods for collaboration to be considered over the course of the meeting. This early convening will allow the opportunity for representatives to bring the unique strengths of their institutions to the table and consider ways we can take advantage of coordinated efforts.
5:30 Opening Session Structural Change: Understanding Structural Changes, Tipping Points, and their Effects on Systems Historical examples of significant structural change, and the events and conditions leading up to those dramatic shifts, will offer a lens for the meeting where societal advancements catalyzed by technological innovation can be analyzed and understood. As digital technologies increasingly intersect with and support institutions, industries, and individuals, what cautionary tales does history reveal regarding how to study and engage important tipping points? What lessons from history will enable societal development? And what structures are currently changing or are ripe for change (and research) in the next decade?
6:45 Joint Reception with Cyberscholars Participants The reception will include displays from the Harvard metaLAb and the Harvard Library community.
Friday, December 7
8:30 am Breakfast
9:00 Welcome
9:15 Foundations: Key Ingredients for Structural Change in the Digital Ecosystem: Data, Algorithms, Intermediaries This opening session will set the stage by exploring the key elements that facilitate current and the next generation of structural shifts in the digitally networked information ecosystem and discuss both drivers and inhibitors of change from social, economic, legal, and educational perspectives. Instead of providing a holistic overview of all factors that are in play, the session will focus on three particularly important elements: the power of “big data”, the importance of algorithms, and the role of new intermediaries. Beyond phenomenological stock-taking, the participants will discuss the next generation of legal, ethical, economic and other issues that arise in the context of these key elements and the need for collaboration - and potentially intervention – with regard to these and related factors of change. The discussion will help orient the relationship between structural change and associated tipping points, and will be further explored throughout the day via participant-organized breakout sessions and use case discussions.
10:15 Use Case #1 Political Participation: New Orders, Democracy, Governance, and Civic Engagement Various research efforts over the past decade have focused on the question of if and how the Internet changes political participation, from new forms of electronic voting to the broader question of potential changes in political discourse in the digitally networked public sphere. During the meeting, we will take stock of the current landscape, with a particular focus on recent elections and political movements around the globe, and explore open questions, future research directions, questions, emerging tools and methodologies. Examples we could examine, and potentially consider as “tipping points,” may range from SOPA, PIPA, and ACTA to the Arab Spring and the post-election crisis in Kenya in 2008 to many other major political events. These examples may also highlight the limits, challenges, and dangers of the new media environment.
11:15 Coffee Break
11:30 Morning Breakout Sessions & Afternoon Proposals Semi-moderated discussion sessions proposed by participants in advance of the meeting (such as sessions on Internet & democracy, research methods, region specific issues, and other projects) will take place, with an eye towards developing contributions to the final session on future directions.
Additionally, participants will brainstorm and propose sessions to lead during the unconference sessions in the afternoon, with a preference for more exploratory topics. Anyone at the meeting can suggest, lead, or participate in the discussions, and topics can range from those relevant to the substantive themes of the symposium to ideas for networking, shared research, and anything beyond.
12:30 pm Lunch
1:30pm Use Case #2 Economic and Production Modes: New Models for Innovation & Entrepreneurship Digital technologies in general and the Internet in particular have changed the ways in which goods are produced and services provided. Within this context, new modes of production — most prominently “peer-based” models — have emerged, accompanied by innovative organizational models and set-ups. Questions we hope to explore include: How relevant are these shifts from an economic, organizational, societal, business, and creative perspective? Has recent empirical research confirmed the theory of commons-based peer production, or challenged it? What conditions facilitate new modes of Internet-based production and what are the benefits and challenges from a public policy perspective? What do interesting case studies in the field, from collaborative online journalism to crowd-funding, tell us about the direction of this trend? Examples of market and industry shifts, institutional changes, and individual impact may serve as illustrations of tipping points where new models of production have fostered true innovation, and reveal paths for what to expect in the future.
2:30 Participant-Led Unconference Sessions Meeting participants who proposed sessions will lead discussions around topics related to the main theme of the symposium or around ideas related to the formation of a network of centers.
3:30 Break
4:00 Reflections and Future Directions A rapporteur from each center will offer brief reflections and key takeaways based on their experience during the meeting. A shortlist of “low hanging fruit” (i.e. things that we can immediately start to collaborate on) will be developed in advance and serve as the basis for the session, so the group can make progress towards developing a substantive agenda and initial workplan for the network at the meeting.
7:00 Reception and Party
Saturday, December 8
9:00-12pm Breakfast session: Action plan for the next year In the Food for Thought mode, representatives will meet to discuss an innovation and collaboration agenda for the inaugural year of the network. Using inputs from learning calls and the previous days of the meeting, participants will work to identify existing or new projects where researchers, faculty, and staff can immediately begin collaborating. We will also create a rough plan for addressing action items that are “low hanging fruit” for the launch of the network.

For more details visit https://cis-india.org/internet-governance/events/meeting-of-network-of-internet-and-society-centers

The real Sibal’s law: Resisting Section 66A is futile

praskrishna — 2012-12-03T05:16:11Z

The Information Technology Act is “substantially the same” as laws instituted in other democracies like UK and the United States. What’s more, the language that is employed in various sections is exactly the same. Thus was the thrust of Kapil Sibal’s defense of Section 66A on NDTV last night.

The article by Lakshmi Chaudhry was published in FirstPost on November 30. Pranesh Prakash's blog post on section 66A which was also carried in Outlook is quoted.

The problem therefore lies not in the law but in its interpretation: “It’s very difficult to interpret the act on the ground. If you give this power to a sub-inspector of police, it is more than likely to be misused.” Sibal is hence “open” to putting in place guidelines that may prevent such abuse, whether it involves requiring a senior police officer to make the call or specifying the “circumstances” in which the law is applicable.

Now, there are many ways to tear apart Sibal’s logic. In Outlook, for example, Centre for Internet and Society’s Pranesh Prakash offers a detailed comparison with the UK law to show that: one, the UK courts have “read down” the “broad wording” of the law; two, they remain subject to EU human rights provisions; and three, UK law may well be unconstitutional under the Indian Constitution which offers stronger free speech protection.

Prakash’s legal arguments are worthy, meticulously argued and — in my view — somewhat moot.

Here’s why. Would discarding or amending Section 66A prevent the MNS goons from hauling Sunil Vishwakarma to the police station for a Facebook update? Would it prevent the Palghar policemen from filing a case against Shaheen and Rinu under pressure from the local Sainiks? Would that Jadhavpur professor then be immune from Trinamool harrassment for offending Mamata?

The answer is a big fat N-O.

Sibal is right. In India, the actual law is often irrelevant. Interpretation is all. And that interpretation in the real world of the police thana is determined not by legal standards but according to political power. So we have wonderfully progressive statutes on the book — as we do in the matter of women’s rights — that exist only in theory. More effective and employed are the draconian, colonial-era laws that are routinely used to punish the innocent. The IT act is just one of them.

In India, law is a weapon, a brahmastra of the powerful. The Sainiks were looking to make an example of someone, to exercise their political brawn. Shaheen and Rinu were convenient targets, and once selected, no law could have saved them from Shiv Sena wrath. The legal threshold for “offensive” content is irrelevant to NCP Kiran Pawaskar who put pressure on the police to arrest two Air India employees because they “shared lewd jokes about politicians, made derogatory comments against the Prime Minister and insulted the national flag in their posts.”

The goonda raj of politicians on the Internet merely reflects the reality offline. All that our online activity does is make the aam aadmi more visible, and therefore easier to target and victimise. They can’t put in spy cameras in every living room, but now they can monitor our conversations on Facebook and Twitter instead. In a sense, the Internet has allowed Big Brother into our homes

This is why comparisons to UK or US — which enjoy the rule of law — are irrelevant. And why upgrading the rank of the policeman — DCP or Inspector-general — making the call will not change the outcome in most cases. The political pressures on a DCP or IG are not different than on a lowly sub-inspector who takes action not because he doesn’t understand the law, but because he understands all too well the costs of non-compliance. As for putting a magistrate in charge, well, it was a magistrate who authorised the arrests of Shaheen and Rinu.

The only reason the policemen who arrested the girls may be punished is that the Congress party is in power in Maharashtra, as in not the Shiv Sena or the BJP. In Kolkata, for example, Mamata-di has no intention of taking action against those who arrested Ambikesh Mahapatra. ‘Raja chale bazaar to kutta bhonke hazaar‘ (the king walks to market, though a thousand dogs bark),” declared Didi when pressed on Justice Katju’s criticism of her anti-free speech stance.

It succinctly embodies the attitude of our leaders. Sibal may be saddened by the Palghar case but he was every bit as unruffled as Mamata when Ravi Srinivasan was arrested for an innocuous tweet accusing Karti Chidambaram of corruption. There are naturally no plans to drop the case against him. So it matters little if the IT act is amended or who is tasked with interpreting Section 66A. Who is punished, who receives justice, however delayed, is determined by politics not law.

In his NDTV interview, Sibal chided Barkha for bringing up “5-10 instances” of unlawful arrests when “there must be millions of [abusive] comments that have been put on the internet.” It’s a familiar Sibal strategy that he has employed in the past. Pressed on Ravi Srinivasan’s arrest, he told reporters, “There are 500 things by the name of Kapil Sibal and there are some things which I really don’t like. But I have not taken action.”

What he’s really saying is that each time we update, tweet or comment, we enter an online version of russian roulette, the kind you play with a gun. You never know which chamber is loaded, or when a politician is likely to pull the trigger. We survive not by the mercy of the law but at the whim of the powerful. In India, law isn’t an ass; it’s our dear netaji’s chaprasi.

For more details visit https://cis-india.org/news/first-post-politics-lakshmi-chaudhry-november-30-2012-the-real-sibals-law-resisting-section-66a-is-futile

November 2012 Bulletin

praskrishna — 2013-01-06T13:59:11Z

Welcome to the newsletter of November 2012 from the Centre for Internet & Society (CIS). The present issue features an analysis of Section 66A of the IT Act by Pranesh Prakash, comments on the draft Science, Technology and Innovation Policy, an introduction to 12 mobile devices that we are researching as part of the Pervasive Technologies project, submissions of civil society in relation to the revision of International Telecommunication Regulations that are to take place at the ITU's World Conference on International Telecommunications in Dubai, updates from the Wikipedia community on Indic languages, and news and media coverage.

Jobs

CIS is seeking applications for the posts of Research Manager and Programme Officer – Internet Governance. To apply send your resume to sunil@cis-india.org.

Accessibility
India has an estimated 70 million disabled persons who are unable to read printed materials due to some form of physical, sensory, cognitive or other disability. The disabled need accessible content, devices and interfaces facilitated via copyright law and electronic accessibility policies:
Blog Entry Human Machine Interfaces: The History of an Uncertain Future (by Sharath Chandra Ram, November 30, 2012).
Event Participated Workshop on Making ICT and Mobile Phones Accessible for Persons with Disabilities in Nepal (organised by ITU, November 9, 2012). Nirmita Narasimhan was a speaker in the session "Introduction: ICT and Telecom Accessibility, Good Practices in Policy and Industry Initiatives".
Access to Knowledge
The Access to Knowledge programme addresses the harms caused to consumers, developing countries, human rights, and creativity/innovation from excessive regimes of copyright, patents, and other such monopolistic rights over knowledge:
WIPO Transcripts We are providing archival copies of the transcripts of the 25th session of the WIPO Standing Committee on Copyright and Related Rights held in Geneva from November 19 to 23, 2012: WIPO SCCR 25 Day 1, November 19, 2012 WIPO SCCR 25 Day 2, November 20, 2012 WIPO SCCR 25 Day 3, November 21, 2012 WIPO SCCR 25 Day 4, November 22, 2012 WIPO SCCR 25 Day 5, November 23, 2012
Comments Comments on the Broadcast Treaty and Exceptions and Limitations for Libraries and Archives (by Smitha Krishna Prasad, November 29, 2012). Comments on the Science, Technology and Innovation Policy (Draft) (by Snehashish Ghosh, submitted to the Ministry of Science and Technology, November 26, 2012).
Pervasive Technologies: Access to Knowledge in the Marketplace As a part of the Pervasive Technologies: Access to Knowledge in the Marketplace research project, CIS is researching upon 12 gray-market mobile devices to generate a better understanding of the intellectual property implications of the pervasive mobile technologies available in the Indian market: Workshop Report Exploring the Internals of Mobile Devices — Report from a One-day Workshop at TERI (by Jadine Lannon, November 30, 2012).
Blog Entries ICOMM2012: International Communications and Electronics Fair (by Jadine Lannon, November 14, 2012). Pervasive Mobile Technologies: Meet Our Mobile Devices! (by Jadine Lannon, November 30, 2012).
Upcoming Event 2012 Global Congress on Intellectual Property and the Public Interest (FGV Law School, Rio De Janeiro, Brazil, December 15 – 17, 2012).
Openness The 'Openness' programme critically examines alternatives to existing regimes of intellectual property rights, and transparency and accountability. Under this programme, we study Open Government Data, Open Access to Scholarly Literature, Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software:
Event Organised Autonomy, Access, Infrastructure and Future — A Discussion with C S Lakshmi (CIS, Bangalore, November 29, 2012). A video of the event is published. Art in the Open Source Age — A Talk by Gene Kogan (CIS, Bangalore, November 30, 2012).
Blog Entry Open Government Platform (by Neeta Verma, Alka Mishra and D.P. Mishra, Informatics Magazine, July 2012).
Event Participated Science Gallery Workshop @ Srishti (organised by Srishti School of Art, Design and Technology and Science Gallery at Trinity College Dublin, Srishti School of Art Design and Technology (N2 campus), Bangalore, November 23, 2012). Sunil Abraham participated in this event.
Access to Knowledge Programme Beginning from September 1, 2012, Wikimedia Foundation has awarded CIS a two-year grant of INR 26,000,000 to support and develop free knowledge in India. The A2K team consists of three members based in Delhi: Nitika Tandon, Subhashish Panigrahi and Noopur Raval. Program Manager, Shiju Alex left the organisation. November 16, 2012 was his last working day.
Events Organised Kolkata: Tasting the Sweetness of Wikipedia! (Kolkata, November 3, 2012). First Odia Wikipedia Education Program (Indian Institute of Mass Communication, Dhenkanal, November 8, 2012). Odia Wikipedia Workshop at AML (Academy of Media Learning, Bhubaneswar, November 10, 2012). A Wikipedia Mini-hackathon in Delhi (CIS, New Delhi, November 11, 2012). Wikipedia: State of Tech — A Talk by Erik Moeller (CIS, Bangalore, November 12, 2012). An Odia Wikipedia Workshop at KMBB (KMBB College, Bhubaneswar, November 19, 2012). Follow up to Wikipedia Introductory Session (Bharati Vidyapeeth, Delhi, November 19, 2012).
Events Participated Wikipedia Hackathon (organised by BITS, Hyderabad, October 25 – 27, 2012). Wikipedia Women's Workshop in Mumbai (by Noopur Raval, Vidyalankar Institute of Technology, Wadala, Mumbai, November 4, 2012).
News and Media Coverage ‘Some Indian laws could be challenging’ (Bangalore Mirror, November 15, 2012). A Report of the Odia Wikipedia Workshop held in KMBB College of Engineering, Bhubaneswar (Sambad, November 19, 2012). OdishaDiary conferred prestigious Odisha Youth Inspiration Award 2012 to Odia Wikipedia team (Orissa Diary, November 23, 2012). વિકિપીડિયા ગુજરાતી માં પણ છે (by Harish Kothari, Cybersafar, November 28, 2012).
Blog Entry Typing in Indic Languages from Mobiles made Easy! (by Subhashish Panigrahi, November 19, 2012).
HasGeek HasGeek creates discussion spaces for geeks and has organised conferences like the Fifth Elephant, Droidcon India 2011, Android Camp, etc. HasGeek is supported by CIS and works out from CIS office in Bengaluru. The following event was organised by HasGeek in the month of November: Droidcon India (November 2 and 3, 2012, MLR Convention Centre, Whitefield, Bangalore).
Internet Governance The Internet Governance programme conducts research around the various social, technical, and political underpinnings of global and national Internet governance, and includes online privacy, freedom of speech, and Internet governance mechanisms and processes:
Analysis of IT Act Breaking Down Section 66A of the IT Act (by Pranesh Prakash, November 25, 2012). Fixing India’s anarchic IT Act (by Pranesh Prakash, Livemint, November 28, 2012). Draft nonsense (by Pranesh Prakash, The Times of India, November 24, 2012).
Analysis of Justice AP Shah Report Q&A to the Report of the Group of Experts on Privacy (by Elonnai Hickok, November 9, 2012).
Comments / Submissions to ITU Statement of Civil Society Members in the "Best Bits" pre-IGF Meeting. CIS was one of the signatories of this submission made to the ITU. Submission on India's Draft Comments on Proposed Changes to the ITU's ITRs. CIS was one of the signatories along with Society for Knowledge Commons, Delhi Science Forum, Free Software Movement of India, Internet Democracy Project and Media for Change. Submission by Indian Civil Society Organisations on Future ITRs and Related Processes. CIS was one of the signatories of this submission in response to ITU’s call for public comments. Indian Government's Submission to ITU: We have put up the text of the submission made by the Government of India to the World Conference of International Telecommunications, Dubai on November 3, 2012.
Event Participated India Internet Governance Conference (organised by the Ministry of Communications & Information Technology, FICCI and Internet Society, October 4 -5, 2012). Pranesh Prakash made a presentation. CIS was one of the supporting organisations.
Blog Entries Arbitrary Arrests for Comment on Bal Thackeray's Death (by Pranesh Prakash, November 19, 2012). This was re-posted in Outlook (November 19, 2012), KAFILA (November 19, 2012), and Shail's Nest (November 20, 2012). DoT Blocks Domain Sites — But Reasons and Authority Unclear (by Smitha Krishna Prasad, November 21, 2012).
Upcoming Events Technology Culture and Events in South East Asia — A Presentation by Preetam Rai(CIS, Bangalore, Near Domlur Club and TERI Complex, December 18, 2012, 5.00 p.m. to 6.30 p.m.). DML Conference 2013 (Sheraton Chicago Hotel & Towers - Chicago, Illinois, March 14 – 16, 2012).
Internet Governance Forum Pranesh Prakash, Chinmayi Arun, Malavika Jayaram and Elonnai Hickok participated in the Internet Governance Forum held in Baku, Azerbaijan in the month of November 2012. In total, CIS spoke in 12 panels: Best Bits 2012 (organised by Best Bits, Baku, Azerbaijan November 3 and 4, 2012). Pranesh Prakash and Elonnai Hickok participated in this event. The Privatisation of Censorship: The Online Responsibility to Protect Free Expression (organized by Index on Censorship, Baku, Azerbaijan, November 5, 2012). Pranesh Prakash was a panelist. New Trends in Industry Self-Governance (organised by Oxford Internet Institute, University of Oxford, UK and Media Change & Innovation Division, IPMZ, University of Zurich, Switzerland and Nominet, UK, Baku, Azerbaijan, November 7, 2012 from 4.30 p.m. to 6.00 p.m). Pranesh Prakash was a panelist. Civil Rights in the Digital Age, about the Impact the Internet has on Civil Rights (organised by ECP on behalf of the IGF-NL, Baku, Azerbaijan, November 7, 2012, 4.30 p.m. to 6.00 p.m.). Malavika Jayaram was a panelist. Solutions for Enabling Cross-border Data Flows (co-organised by ICC BASIS and the Internet Society, Baku, Azerbaijan, November 7, 2012). Cloudy Jurisdiction: Addressing the thirst for Cloud Data in Domestic Legeal Processes (co-organised by Electronic Frontier Foundation (Peru) and University of Ottawa, Baku, Azerbaijan, November 7, 2012). What Frameworks for Cross-Border Online Communities and Services (hosted by the Internet & Jurisdiction Project, Baku, Azerbaijan, November 8, 2012). Chinmayi Arun was a panelist. Governing Identity on the Internet (co-organised by Brenden Kuerbis, Citizen Lab and Christine Runnegar, Internet Society, Baku, Azerbaijan, November 8, 2012, 11.00 a.m. to 12.30 p.m.). Malavika Jayaram was a panelist. Law Enforcement via Domain Names: Caveats to DNS Neutrality (organised by Hong Xue, Vivekanandan, Wei Mao and Leo Liu, Baku, Azerbaijan, November 8, 2012). Chinmayi Arun was a panelist. Who is Following Me: Tracking the Trackers (organised by Internet Society and the Council of Europe, Baku, Azerbaijan, November 8, 2012). Malavika Jayaram was a speaker at this event. National IG Mechanisms – Looking at Some Key Design Issues (Baku, Azerbaijan, November 8, 2012). Pranesh Prakash was a panelist. Steady Steps.....FOSS and the MDG's (organised by International Center For Free and Open Source Software and Free Software and Open Source Foundation for Africa, Baku, Azerbaijan, November 8, 2012). Pranesh Prakash was a panelist.
Event Participated Privacy in the Social Networked World (hosted by the Centre for Business Information Ethics, Meiji University, Tokyo, Japan, on behalf of the Asian Privacy Scholars Network, November 19 – 20, 2012). Elonnai Hickok spoke on Transparency and Privacy in India.
Featured in the Media Power to youth (The Hindustan Times, November 3, 2012). The article names Sunil Abraham and Lawrence Liang as some of the young people who are shaping the future. 25 Indians to watch (FT Magazine, November 16, 2012). Sunil Abraham is one among the 25 rising Indian stars to watch out for. Malavika Jayaram named a top lawyer for Internet and e-Commerce in India (WHO’s WHO LEGAL, November 20, 2012).
Media Coverage Information security policy on govt agenda (by Surabhi Agarwal, LiveMint, November 6, 2012). Sunil Abraham is quoted. Law yet to catch up with tech-enabled peeping toms (by Sandhya Soman & Pratiksha Ramkumar, Times of India, November 7, 2012). Sunil Abraham is quoted. India second in requesting user info: Google (by Karthik Subramaniam, Hindu, November 14, 2012). Pranesh Prakash is quoted. Post and be Damned (by Kavita Shanmugham, November 14, 2012). Pranesh Prakash is quoted. India second in keeping tabs on netizens (by Ishan Srivastava, The Times of India, November 15, 2012). India ranks second globally in accessing private details of users (thinkdigit, November 15, 2012). Pranesh Prakash is quoted. Google's 'Transparency Report' sketchy, inconclusive: Government (by Indu Nandakumar, Economic Times, November 17, 2012). Pranesh Prakash is quoted. Women Arrested in Mumbai for Complaining on Facebook (by Neha Thirani and Hari Kumar, New York Times, November 19, 2012). Girls arrested for Facebook post on Thackeray get bail (FirstPost, November 19, 2012). Arrest of girl over Thackeray FB update a clear misuse of Sec 295A (FirstPost, November 19, 2012). Pranesh Prakash is quoted. How to Steer Clear of India’s Strict Internet Laws (by Sangeeta Rajesh and Heather Timmons, New York Times, November 20, 2012). Internet users flay Mumbai girls' arrest over Facebook post (IBN Live, November 20, 2012). Pranesh Prakash is quoted. Arrests over Facebook posts: Why we’re on a dangerous slide (Venky Vembu, FirstPost, November 20, 2012). Pranesh Prakash is quoted. Girl's arrest draws flak on social media (The Times of India, November 20, 2012). Pranesh Prakash is quoted. India's Shame: World Reacts to FB Post Arrest (by Sonal Bhadoria, India Times, November 21, 2012). Pranesh Prakash is quoted. Indian government at second position after U.S.A for demanding user data from Google (WHDI Reviews, November 22, 2012). Pranesh Prakash is quoted. Indians Rank Second For Online Snooping (Indolink, November 23, 2012). Pranesh Prakash is quoted. Civil society & industry oppose India’s plans to modify ITRs (by Shalini Singh, The Hindu, November 23, 2012). Sunil Abraham is quoted. Amnesty International calls for review of 66A of IT act (by Nirmalya Behera, Business Standard, November 28, 2012). Thousands go online against 66A (by Apoorva Dutt, DNA, November 29, 2012). Pranesh Prakash is quoted. The flaw in cyber law (by S Ronendra Singh, Hindu Business Line, November 29, 2012). Sunil Abraham and Snehashish Ghosh are quoted. Govt tweaks enforcement of IT Act after spate of arrests (by Surabhi Agarwal, LiveMint, November 29, 2012). Pranesh Prakash is quoted. Yes, You Can Get Arrested for a Facebook Status Update Now (by David Wagner, Atlantic Wire, November 29, 2012). Pranesh Prakash is quoted. The real Sibal’s law: Resisting Section 66A is futile (by Lakshmi Chaudhry, FirstPost, November 30, 2012). Pranesh Prakash’s blog post on section 66A which was also published in Outlook is quoted.
Videos Women arrested for Facebook post: Did cops act under Sena pressure? (NDTV, November 19, 2012). YP Singh, Alyque Padamsee, Rohan Joshi, Karuna Nundy and Pranesh Prakash took part in a discussion about the arrest of two girls over a Facebook comment. The Last Word: Is there a need to review Information Technology Act? (CNN-IBN, November 20, 2012). Aryaman Sundaram, Pavan Duggal, Pranesh Prakash and Ravi Visvesvaraya Prasad took part in a discussion with Karan Thapar on section 66A of the IT Act. Interview with Pranesh Prakash (by Surabhi Agarwal, LiveMint, November 30, 2012).
Telecom While the potential for growth and returns exist for telecommunications in India, a range of issues need to be addressed. One aspect is more extensive rural coverage and the other is a countrywide access to broadband which is low. Both require effective and efficient use of networks and resources, including spectrum:
Building Knowledge and Capacity around Telecommunication Policy in India Ford Foundation has given a grant of USD 2,00,000 to CIS to build expertise in the area of telecommunications in India. The knowledge repository deals with these modules: Introduction to Telecommunications, Telecommunications Infrastructure and Technologies, Government of India Regulatory Framework for Telecom, Telecommunication and the Market, Universal Access and Accessibility, The International Telecommunications Union and other international bodies, Broadcasting, Emerging Topics and Way Forward. Dr. Surendra Pal, Satya N Gupta, Paranjoy Guha Thakurta, Payal Malik, Dr. Rakesh Mehrotra and Dr. Nadeem Akhtar are the expert reviewers.
The following are the new outputs: DoT — Its Powers and Responsibilities (by Snehashish Ghosh, November 30, 2012). Government Policy and Guidelines (by Snehashish Ghosh, November 30, 2012). TRAI Regulations (by Snehashish Ghosh, November 30, 2012). TRAI Telecommunication Tariff Orders (by Snehashish Ghosh, November 30, 2012).
Newspaper Columns Super WiFi & Shared Spectrum: A Time to Start Sharing (by Shyam Ponappa, Organizing India Blogspot on November 3, 2012 and Business Standard, November 1, 2012). Folly of Mandating Spectrum Auctions (by Jayna Kothari, Hindu Business Line, November 24, 2012).
Event Participated 2nd MPL Faculty Workshop (North Zone) on Teaching Public Policy, Media and Law (Central University, Rajasthan, November 1-2, 2012). Snehashish Ghosh made a presentation on "Building a Telecom Knowledge Repository."
Digital Natives Digital Natives with a Cause? examines the changing landscape of social change and political participation in light of the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who critically engage with discourse on youth, technology and social change, and look at alternative practices and ideas in the Global South:
Interview Whose Change Is It Anyway? \| DML2013: As a preparation for the DML conference, Nishant Shah had an interview with Howard Rheingold, a cyberculture pioneer, social media innovator, and author of "Smart Mobs. Watch the video on YouTube.
About CIS CIS was registered as a society in Bangalore in 2008. As an independent, non-profit research organisation, it runs different policy research programmes such as Accessibility, Access to Knowledge, Openness, Internet Governance, and Telecom. The policy research programmes have resulted in outputs such as the e-Accessibility Policy Handbook for Persons with Disabilities with ITU and G3ict, and Digital Alternatives with a Cause?, Thinkathon Position Papers and the Digital Natives with a Cause? Report with Hivos, etc. We conducted policy research for the Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, Ministry of Social Justice and Empowerment, etc., on WIPO Treaties, Copyright Bill, NIA Bill, etc. CIS is accredited as an observer at WIPO, and has given policy briefs to delegations from various countries, our Programme Manager, Nirmita Narasimhan won the National Award for Empowerment of Persons with Disabilities from the Government of India and also received the NIVH Excellence Award.
Follow us elsewhere Get short, timely messages from us on Twitter Join the CIS group on Facebook Visit us at http://cis-india.org
Support Us Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.
Request for Collaboration We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org

CIS is grateful to its donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/november-2012-bulletin

The flaw in cyber law

praskrishna — 2012-11-30T09:06:25Z

Legal experts and netizens want the controversial clause in the IT Act to be scrapped after two Mumbai girls were arrested for a post on Facebook.

This article by S Ronendra Singh was published in the Hindu BusinessLine on November 29, 2012. Sunil Abraham and Snehashish Ghosh are quoted.

Shaheen Dhada, 21, and her friend Rini Srinivas would never have imagined that they could land in jail because of a Facebook post. The two girls were arrested in Palghar following a complaint from local Shiv Sena workers against Shaheen's post on Facebook, where she questioned the need for a 'bandh' being observed in Mumbai on the death of the Sena supremo Bal Thackery.

While the two girls’ experience was traumatic, the action by the police has given fodder to activists and cyber experts to raise the clamour for scrapping section 66A of the IT Act, which they term as being draconian.

The Palghar incident is not an isolated event. Recently, Ravi Srinivasan, a 45-year-old supplier of plastic parts to telecom companies and a volunteer with India Against Corruption got into trouble with police after he tweeted about alleged corruption charges against Karti Chidambram, son of Finance Minister P Chidambaram.

There was a common factor in all these cases - arbitrary use of the Section 66 (A) of the Information Technology Act, 2000. The only mistake that most of these so-called offenders had committed was publishing their views online.

So, should we consider the law draconian now?

Assess Ambiguity

According to Snehashish Ghosh, Policy Associate at Centre for Internet and Society (Bangalore-based organisation looking at multidisciplinary research and advocacy in the field of Internet and society), the main reason for such inconsistent application of the law can be found in the history of the provision.

He said the language used in Section 66A of the IT Act, 2000 has been borrowed from Section 127 of the UK Communication Act, 2003 and the Malicious Communications Act, 1988.

“These two particular provisions are applicable in cases where the communication is directed to a particular person. Section 1 of the Malicious Prosecution Act begins with the, “any person who sends to another person” and hence it is clear that the provision does not include any post or electronic communication which is broadcasted to the world and deals with only one-to-one communication,” said Ghosh.

Section 127 only deals with “improper use of public electronic communications network”. It was meant to prevent misuse of public communication services. Therefore, social media Web sites do not fall under its ambit. However, the Section 66(A) in its current form fails to define any specific category, which has led to inconsistent and arbitrary use of the provision, said Ghosh.

One of the principles of interpretation of statute is that of absurdity. It states that when there are two interpretation of the law - where one renders it absurd and arbitrary, while the other puts it within the constitutional limits - then the latter interpretation is adopted.

“In the case of 66(A), interpreting it to include any form of communication transmitted using computer resource or communication device renders it to be absurd and arbitrary. Therefore, it should be interpreted and made applicable only to communication between two parties,” he opined.

According to Pavan Duggal, cyber law expert and advocate at Supreme Court of India, primarily section 66(A) is for protecting reputation and preventing misuse of its own.

“It is so vast – what is annoyance and inconvenience – gives a tremendous handle in the hands of the complainant and the police to target anyone. Further, if you send any information through email or SMS, which aims to mislead the addressee about such mail or message is a crime. All this suddenly opens a Pandora box of offences,” he said.

“So, when you look at case of Mamta Banerjee or latest case of those two girls getting arrested in Mumbai, it shows that Section 66(A) becomes an effective tool in the hands of ingenious complainants to gag free speech. And, that is why there is so much noise,” Duggal said.

To Use, Not Abuse

Sighting the recent case of the two girls from Mumbai, he said the law was abused and all they need to do is just exploit – whether clicking a ‘Like’ button on Facebook could involve Section 66(A) – and this case is setting a precedence that ‘liking’ a comment can be an offensive of Section 66(A).

“When you click a ‘Like’ button, you do not send any information that is defined under Section 66(A). You only send information of ‘liking’ that information or message,” he said.

However, it has become a code of misuse in its own sense. Parameters given there in the Act are extremely wide and can be interpreted.

“It has only one good thing – it makes the offence bailable, which means bail as a matter of right. But, once you get stuck under Section 66(A), along with that invites a long period of mental agony and trauma because the trial will take five-six years and you will have to undergo the trial,” he added.

So does it mean the Government should scrap or completely abolish this Section from the IT Act, 2000 or should the people of India file a petition against this Section?

Sunil Abraham, Executive Director, Centre for Internet and Society says there are laws specifically dealing with cyber stalking and communications and therefore, there we do not need an additional law.

“Either scrap or retain narrow parameters, which could be made defamatory. Otherwise, more such cases would be seen in future under this section. It has not done anything significant and has an impact on basic free online speech to public,” says Duggal.

A better approach would be to strike down the provision and include separate well defined anti-stalking and anti-spamming provision, said Ghosh of Centre for Internet and Society.

However, Mahesh Uppal, Director, ComFirst India (consultancy firm on regulatory issues) said it would be premature, in these circumstances, for any litigation against this Section.

“The issue is serious. However, this is as much to do with policing in general as it is to do with Section 66(A) which needs an amendment and clarification to remove any scope for abuse,” he said.

But, is the Government ready for any change?

Minister of Communications and IT, Kapil Sibal recently said, “Just because some people do not follow it properly, we cannot entirely scrap the law. Can we do away with penal code? We cannot.”

So, does that mean we, as citizens, have to consult legal notes before posting a message online or sending an SMS? And, even if we do, are all laws, sections and under-sections comprehendible by the common man? If not, how big a risk are we, and the person who ‘Likes’ what we say is taking?

The answers to these questions determine the future of freedom of speech.

For more details visit https://cis-india.org/news/the-hindu-businessline-november-29-2012-the-flaw-in-cyber-law

Govt tweaks enforcement of IT Act after spate of arrests

praskrishna — 2012-11-30T08:27:01Z

The government on Thursday tweaked the law to make it tougher for citizens to be arrested for online comments that are deemed offensive after recent arrests came in for heavy criticism by Internet activists, the media and other groups.

Surabhi Agarwal's article was published in LiveMint on November 29, 2012. Pranesh Prakash is quoted.

This took place just before the Supreme Court was to hear a public interest litigation seeking an amendment to the Information Technology (IT) Act.

Complaints under the controversial Section 66A of the IT Act, which criminalizes “causing annoyance or inconvenience” online or electronically, can be registered only with the permission of an officer of or above the rank of deputy commissioner of police, and inspector general in metro cities, said a senior government official.

The government, however, has not amended the terms in the section that are said to be vague and subject to interpretation.

The public interest litigation against Section 66A filed by student Shreya Singhal came up in chief justice Altamas Kabir’s court on Thursday. The matter will be heard on Friday.

Two girls near Mumbai were arrested last week for criticizing on Facebook the shutdown in the city for Shiv Sena chief Bal Thackeray’s funeral. Earlier in November, a businessman in Puducherry was arrested for comments made on Twitter against finance minister P. Chidambaram’s son Karti Chidambaram.

According to people present at the meeting of the cyber regulatory advisory committee on Thursday, the Union government will issue guidelines to states with respect to the compliance of the new enforcement rules soon. The people didn’t want to be named. An official said the move was not related to the case.

Pranesh Prakash, policy director at the Centre for Internet and Society think tank, said that while the change in the law is a step in the right direction and will eliminate a lot of frivolous complaints, more needs to be done to make the legislation specific.

Chief justice Kabir said the apex court was considering taking suo motu cognisance of recent incidents.

Singhal contended in her plea that “the phraseology of section 66A of the IT Act, 2000, is so wide and vague and incapable of being judged on objective standards, that it is susceptible to wanton abuse and, hence, falls foul of Article 14, 19 (1)(a) and Article 21 of the Constitution.”

She submitted that “unless there is judicial sanction as a prerequisite to the setting into motion the criminal law with respect to freedom of speech and expression, the law as it stands is highly susceptible to abuse and for muzzling free speech in the country.”

The PIL was argued by Mukul Rohatgi, who said in his opening remarks that Section 66A was vague. Terms such as “offensive” and “annoyance” should be clearly defined as the section is part of criminal law, he said.

Senior advocate Harish Salve, who was also present during the hearing, said India guaranteed the right to “annoy” and there was no need to have a separate law.

Salve, who is in the process of filing an intervention on behalf of some technology companies, added that the section needed to be narrowed to specifically cater to private messages sent electronically and not social media communications.

He said the existing law of defamation should suffice and could be extended to include electronic communications. According to a lawyer who is part of the team representing Singhal, the petition also demanded that the law be made non-cognisable so that the police can’t make an arrest without an order from a magistrate.

“There has been a lot of misuse and abuse of the law recently and we want it to be struck down absolutely and also the court to issue guidelines,” he said.

Apart from the incident at Palghar in Thane district involving the two girls, Singhal’s PIL referred to an April incident in which a professor of chemistry from Jadavpur University in West Bengal, Ambikesh Mahapatra, was arrested for posting a cartoon concerning chief minister Mamata Banerjee on a social networking site.

She also referred to the Puducherry case as well as the May arrests of two Air India Ltd employees, V. Jaganatharao and Mayank Sharma, by the Mumbai Police under the IT Act for posting content on Facebook and Orkut against a trade union leader and some politicians.

Singhal has sought guidelines from the apex court to “reconcile Section 41 and 156 (1) of the Criminal Procedure Code (CPC) with Article 19 (1)(a) of the Constitution” and that offences under the Indian Penal Code and any other legislation, if they involve the freedom of speech and expression, be treated as a non-cognizable offences for the purposes of Sections 41 and 156 (1).

Section 41 of CPC empowers the police to arrest any person without an order from a magistrate and without a warrant in the event that the offence involved is a cognizable offence. Section 156 (1) empowers the investigation by the police into a cognizable offence without an order from a magistrate.

The government official present at the cyber regulatory advisory committee said the expressions used in Section 66A had been taken from different statutes around the world, including the UK and the US.

“There has been a broad consensus that the parameters of the law concerned might be in order but from a procedural standpoint there might be difficulty,” the official said.

Prakash said that while some of the terms in the section may be taken from legislation overseas, the penalty imposed under the Indian law is far more stringent at three years of imprisonment than, for instance, six months under the UK law. “Criminal offences can’t be put at the same level as something which causes insult.”

The cyber regulatory advisory committee meeting was attended by minister for communications and information technolgy Kapil Sibal, and secretaries of the department of telecommunications and information technology, besides representatives of technology companies such as Google and Facebook, industry associations and civil society.

The official also said that the situation will be reviewed every three to four months based on “ground realities”.

A government official said on condition of anonymity that the decision to revive the cyber regulatory advisory committee had been taken at a meeting in August. Section 66A was put on the agenda since it was the subject of much debate, he said. The meeting, however, was not a pre-emptive measure ahead of the PIL that was taken up in the Supreme Court. The official also said that the government will spell out its position in court in favour of the legislation.

For more details visit https://cis-india.org/news/livemint-politics-november-29-2012-surabhi-agarwal-govt-tweaks-enforcement-of-it-act-after-spate-of-arrests

Yes, You Can Get Arrested for a Facebook Status Update Now

praskrishna — 2012-11-30T08:16:20Z

A 21-year-old Indian woman thought Mumbai shouldn't have been shutdown for the funeral of an Islamophobic leader. Broadcasting such opinions on Facebook was apparently grounds for arrest.

The article by David Wagner was published in the Atlantic Wire on November 29, 2012. Pranesh Prakash is quoted.

A Muslim graduate student, Shaheen Dhada posted a note (of her iPhone message) on her timeline November 18th, writing, "Every day thousands of people die, but still the world moves on ... Today, Mumbai shuts down out of fear, not out of respect." Her status was written in reference to the death of Bal Thackeray, the late leader of Hindu extremist group Shiv Sena, responsible for repeated waves violence against Muslims in the Maharashtra state, according to the BBC. Another 21-year-old woman, Rinu Shrinivasan, was also arrested by Indian police for stoking "religious enmity." She'd simply clicked "like" on Dhada's post.

A mob of angry Thackeray supporters thronged around the police station Dhada's house. Others vandalized her uncle's clinic two days after her arrest. Mumbai newspaper The Hindu reports today that charges have been dropped against the two arrested women, but those observing the case are worried about the precedent this sets for free speech in India. "I have 3,500 followers on Twitter, and I'm pretty sure I annoy 100 of them on a daily basis," says Centre for Internet and Society director Pranesh Prakash. But should that mean he and others in India should picture themselves in handcuffs every time they type a potentially controversial status update? Retired Supreme Court Justice Markandey Katju tells NPR's Julie McCarthy that, at least in this case, the arrest was totally inappropriate:

You can mourn a death in whichever way you want, but you can't bring a whole city to a stoppage. So what this girl wrote was in consonance with the verdict of the Supreme Court—nothing illegal.

For more details visit https://cis-india.org/news/the-atlantic-wire-november-29-2012-david-wagner-you-can-get-arrested-for-facebook-status-update-now

Interview with Pranesh Prakash

praskrishna — 2012-11-30T06:58:39Z

Pranesh Prakash of the Centre for Internet and Society talks to Mint’s Surabhi Agarwal about the controversial Section 66A of the IT Act and the government’s decision to tweak it.

This video was published in LiveMint on November 30, 2012:

For more details visit https://cis-india.org/news/livemint-november-30-2012-video-interview-with-pranesh-prakash