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Reading the Fine Script: Service Providers, Terms and Conditions and Consumer Rights
https://cis-india.org/internet-governance/blog/reading-between-the-lines-service-providers-terms-and-conditions-and-consumer-rights
<b>This year, an increasing number of incidents, related to consumer rights and service providers, have come to light. This blog illustrates the facts of the cases, and discusses the main issues at stake, namely, the role and responsibilities of providers of platforms for user-created content with regard to consumer rights.</b>
<p style="text-align: justify; "><span>On 1st July, 2014 the Federal Trade Commission (FTC) filed a complaint against T-Mobile USA,</span><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn1">[1]</a><span> accusing the service provider of 'cramming' customers bills, with millions of dollars of unauthorized charges. Recently, another service provider, received flak from regulators and users worldwide, after it published a paper, 'Experimental evidence of massive-scale emotional contagion through social networks'.</span><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn2">[2]</a><span> The paper described Facebook's experiment on more than 600,000 users, to determine whether manipulating user-generated content, would affect the emotions of its users.</span></p>
<p style="text-align: justify; ">In both incidents the terms that should ensure the protection of their user's legal rights, were used to gain consent for actions on behalf of the service providers, that were not anticipated at the time of agreeing to the terms and conditions (T&Cs) by the consumer. More precisely, both cases point to the underlying issue of how users are bound by T&Cs, and in a mediated online landscape—highlight, the need to pay attention to the regulations that govern the online engagement of users.</p>
<p style="text-align: justify; "><b>I have read and agree to the terms</b></p>
<p style="text-align: justify; ">In his statement, Chief Executive Officer, John Legere might have referred to T-Mobile as "the most pro-consumer company in the industry",<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn3">[3]</a> however the FTC investigation revelations, that many customers never authorized the charges, suggest otherwise. The FTC investigation also found that, T-Mobile received 35-40 per cent of the amount charged for subscriptions, that were made largely through innocuous services, that customers had been signed up to, without their knowledge or consent. Last month news broke, that just under 700,000 users 'unknowingly' participated in the Facebook study, and while the legality and ethics of the experiment are being debated, what is clear is that Facebook violated consumer rights by not providing the choice to opt in or out, or even the knowledge of such social or psychological experiments to its users.</p>
<p style="text-align: justify; ">Both incidents boil down to the sensitive question of consent. While binding agreements around the world work on the condition of consent, how do we define it and what are the implications of agreeing to the terms?</p>
<p style="text-align: justify; "><b>Terms of Service: Conditions are subject to change </b></p>
<p style="text-align: justify; ">A legal necessity, the existing terms of service (TOS)—as they are also known—as an acceptance mechanism are deeply broken. The policies of online service providers are often, too long, and with no shorter or multilingual versions, require substantial effort on part of the user to go through in detail. A 2008 Carnegie Mellon study estimated it would take an average user 244 hours every year to go through the policies they agree to online.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn4">[4]</a> Based on the study, Atlantic's Alexis C. Madrigal derived that reading all of the privacy policies an average Internet user encounters in a year, would take 76 working days.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn5">[5]</a></p>
<p style="text-align: justify; ">The costs of time are multiplied by the fact that terms of services change with technology, making it very hard for a user to keep track of all of the changes over time. Moreover, many services providers do not even commit to the obligation of notifying the users of any changes in the TOS. Microsoft, Skype, Amazon, YouTube are examples of some of the service providers that have not committed to any obligations of notification of changes and often, there are no mechanisms in place to ensure that service providers are keeping users updated.</p>
<p style="text-align: justify; ">Facebook has said that the recent social experiment is perfectly legal under its TOS,<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn6">[6]</a> the question of fairness of the conditions of users consent remain debatable. Facebook has a broad copyright license that goes beyond its operating requirements, such as the right to 'sublicense'. The copyright also does not end when users stop using the service, unless the content has been deleted by everyone else.</p>
<p style="text-align: justify; ">More importantly, since 2007, Facebook has brought major changes to their lengthy TOS about every year.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn7">[7]</a> And while many point that Facebook is transparent, as it solicits feedback preceding changes to their terms, the accountability remains questionable, as the results are not binding unless 30% of the actual users vote. Facebook can and does, track users and shares their data across websites, and has no obligation or mechanism to inform users of the takedown requests.</p>
<p style="text-align: justify; ">Courts in different jurisdictions under different laws may come to different conclusions regarding these practices, especially about whether changing terms without notifying users is acceptable or not. Living in a society more protective of consumer rights is however, no safeguard, as TOS often include a clause of choice of law which allow companies to select jurisdictions whose laws govern the terms.</p>
<p style="text-align: justify; ">The recent experiment bypassed the need for informed user consent due to Facebook's Data Use Policy<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn8">[8]</a>, which states that once an account has been created, user data can be used for 'internal operations, including troubleshooting, data analysis, testing, research and service improvement.' While the users worldwide may be outraged, legally, Facebook acted within its rights as the decision fell within the scope of T&Cs that users consented to. The incident's most positive impact might be in taking the questions of Facebook responsibilities towards protecting users, including informing them of the usage of their data and changes in data privacy terms, to a worldwide audience.</p>
<p style="text-align: justify; "><b>My right is bigger than yours</b></p>
<p style="text-align: justify; ">Most TOS agreements, written by lawyers to protect the interests of the companies add to the complexities of privacy, in an increasingly user-generated digital world. Often, intentionally complicated agreements, conflict with existing data and user rights across jurisdictions and chip away at rights like ownership, privacy and even the ability to sue. With conditions that that allow for change in terms at anytime, existing users do not have ownership or control over their data.</p>
<p style="text-align: justify; ">In April New York Times, reported of updates to the legal policy of General Mills (GM), the multibillion-dollar food company.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn9">[9]</a> The update broadly asserted that consumers interacting with the company in a variety of ways and venues no longer can sue GM, but must instead, submit any complaint to “informal negotiation” or arbitration. Since then, GM has backtracked and clarified that “online communities” mentioned in the policy referred only to those online communities hosted by the company on its own websites.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn10">[10]</a> Clarification aside, as Julia Duncan, Director of Federal programs at American Association for Justice points out, the update in the terms were so broad, that they were open to wide interpretation and anything that consumers purchase from the company could have been held to this clause. <a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn11">[11]</a></p>
<p style="text-align: justify; "><b>Data and whose rights?</b></p>
<p style="text-align: justify; ">Following Snowden revelations, data privacy has become a contentious issue in the EU, and TOS, that allow the service providers to unilaterally alter terms of the contract, will face many challenges in the future. In March Edward Snowden sent his testimony to the European Parliament calling for greater accountability and highlighted that in "a global, interconnected world where, when national laws fail like this, our international laws provide for another level of accountability."<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn12">[12]</a> Following the testimony came the European Parliament's vote in favor of new safeguards on the personal data of EU citizens, when it’s transferred to non-EU.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn13">[13]</a> The new regulations seek to give users more control over their personal data including the right to ask for data from companies that control it and seek to place the burden of proof on the service providers.</p>
<p style="text-align: justify; ">The regulation places responsibility on companies, including third-parties involved in data collection, transfer and storing and greater transparency on concerned requests for information. The amendment reinforces data subject right to seek erasure of data and obliges concerned parties to communicate data rectification. Also, earlier this year, the European Court of Justice (ECJ) ruled in favor of the 'right to be forgotten'<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn14">[14]</a>. The ECJ ruling recognised data subject's rights override the interest of internet users, however, with exceptions pertaining to nature of information, its sensitivity for the data subject's private life and the role of the data subject in public life.</p>
<p style="text-align: justify; ">In May, the Norwegian Consumer Council filed a complaint with the Norwegian Consumer Ombudsman, “… based on the discrepancies between Norwegian Law and the standard terms and conditions applicable to the Apple iCloud service...”, and, “...in breach of the law regarding control of marketing and standard agreements.”<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn15">[15]</a> The council based its complaint on the results of a study, published earlier this year, that found terms were hazy and varied across services including iCloud, Drop Box, Google Drive, Jotta Cloud, and Microsoft OneDrive. The Norwegian Council study found that Google TOS, allow for users content to be used for other purposes than storage, including by partners and that it has rights of usage even after the service is cancelled. None of the providers provide a guarantee that data is safe from loss, while many, have the ability to terminate an account without notice. All of the service providers can change the terms of service but only Google and Microsoft give an advance notice.</p>
<p style="text-align: justify; ">The study also found service providers lacking with respect to European privacy standards, with many allowing for browsing of user content. Tellingly, Google had received a fine in January by the French Data Protection Authority, that stated regarding Google's TOS, "permits itself to combine all the data it collects about its users across all of its services without any legal basis."</p>
<p style="text-align: justify; "><b>To blame or not to blame</b></p>
<p style="text-align: justify; ">Facebook is facing a probe by the UK Information Commissioner's Office, to assess if the experiment conducted in 2012 was a violation of data privacy laws.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn16">[16]</a> The FTC asked the court to order T-Mobile USA, to stop mobile cramming, provide refunds and give up any revenues from the practice. The existing mechanisms of online consent, do not simplify the task of agreeing to multiple documents and services at once, a complexity which manifolds, with the involvement of third parties.</p>
<p style="text-align: justify; ">Unsurprisingly, T-Mobile's Legere termed the FTC lawsuit misdirected and blamed the companies providing the text services for the cramming.<a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftn17">[17]</a> He felt those providers should be held accountable, despite allegations that T-Mobile's billing practices made it difficult for consumers to detect that they were being charged for unauthorized services and having shared revenues with third-party providers. Interestingly, this is the first action against a wireless carrier for cramming and the FTC has a precedent of going after smaller companies that provide the services.</p>
<p style="text-align: justify; ">The FTC charged T-Mobile USA with deceptive billing practices in putting the crammed charges under a total for 'use charges' and 'premium services' and failure to highlight that portion of the charge was towards third-party charges. Further, the company urged customers to take complaints to vendors and was not forthcoming with refunds. For now, T-Mobile may be able to share the blame, the incident brings to question its accountability, especially as going forward it has entered a pact along with other carriers in USA including Verizon and AT&T, agreeing to stop billing customers for third-party services. Even when practices such as cramming are deemed illegal, it does not necessarily mean that harm has been prevented. Often users bear the burden of claiming refunds and litigation comes at a cost while even after being fined companies could have succeeded in profiting from their actions.</p>
<p style="text-align: justify; "><b>Conclusion </b></p>
<p style="text-align: justify; ">Unfair terms and conditions may arise when service providers include terms that are difficult to understand or vague in their scope. TOS that prevent users from taking legal action, negate liability for service providers actions despite the companies actions that may have a direct bearing on users, are also considered unfair. More importantly, any term that is hidden till after signing the contract, or a term giving the provider the right to change the contract to their benefit including wider rights for service provider wide in comparison to users such as a term that that makes it very difficult for users to end a contract create an imbalance. These issues get further complicated when the companies control and profiting from data are doing so with user generated data provided free to the platform.</p>
<p style="text-align: justify; ">In the knowledge economy, web companies play a decisive role as even though they work for profit, the profit is derived out of the knowledge held by individuals and groups. In their function of aggregating human knowledge, they collect and provide opportunities for feedback of the outcomes of individual choices. The significance of consent becomes a critical part of the equation when harnessing individual information. In France, consent is part of the four conditions necessary to be forming a valid contract (article 1108 of the Code Civil).</p>
<p style="text-align: justify; ">The cases highlight the complexities that are inherent in the existing mechanisms of online consent. The question of consent has many underlying layers such as reasonable notice and contractual obligations related to consent such as those explored in the case in Canada, which looked at whether clauses of TOS were communicated reasonably to the user, a topic for another blog. For now, we must remember that by creating and organising social knowledge that further human activity, service providers, serve a powerful function. And as the saying goes, with great power comes great responsibility.</p>
<hr size="1" style="text-align: justify; " width="33%" />
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref1">[1]</a> 'FTC Alleges T-Mobile Crammed Bogus Charges onto Customers’ Phone Bills', published 1 July, 2014. See: http://www.ftc.gov/news-events/press-releases/2014/07/ftc-alleges-t-mobile-crammed-bogus-charges-customers-phone-bills</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref2">[2]</a> 'Experimental evidence of massive-scale emotional contagion through social networks', Adam D. I. Kramera,1, Jamie E. Guilloryb, and Jeffrey T. Hancock, published March 25, 2014. See:http://www.pnas.org/content/111/24/8788.full.pdf+html?sid=2610b655-db67-453d-bcb6-da4efeebf534</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref3">[3]</a> 'U.S. sues T-Mobile USA, alleges bogus charges on phone bills, Reuters published 1st July, 2014 See: http://www.reuters.com/article/2014/07/01/us-tmobile-ftc-idUSKBN0F656E20140701</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref4">[4]</a> 'The Cost of Reading Privacy Policies', Aleecia M. McDonald and Lorrie Faith Cranor, published I/S: A Journal of Law and Policy for the Information Society 2008 Privacy Year in Review issue. See: http://lorrie.cranor.org/pubs/readingPolicyCost-authorDraft.pdf</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref5">[5]</a> 'Reading the Privacy Policies You Encounter in a Year Would Take 76 Work Days', Alexis C. Madrigal, published The Atlantic, March 2012 See: http://www.theatlantic.com/technology/archive/2012/03/reading-the-privacy-policies-you-encounter-in-a-year-would-take-76-work-days/253851/</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref6">[6]</a> Facebook Legal Terms. See: https://www.facebook.com/legal/terms</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref7">[7]</a> 'Facebook's Eroding Privacy Policy: A Timeline', Kurt Opsahl, Published Electronic Frontier Foundation , April 28, 2010 See:https://www.eff.org/deeplinks/2010/04/facebook-timeline</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref8">[8]</a> Facebook Data Use Policy. See: https://www.facebook.com/about/privacy/</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref9">[9]</a> 'When ‘Liking’ a Brand Online Voids the Right to Sue', Stephanie Strom, published in New York Times on April 16, 2014 See: http://www.nytimes.com/2014/04/17/business/when-liking-a-brand-online-voids-the-right-to-sue.html?ref=business</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref10">[10]</a> Explaining our website privacy policy and legal terms, published April 17, 2014 See:http://www.blog.generalmills.com/2014/04/explaining-our-website-privacy-policy-and-legal-terms/#sthash.B5URM3et.dpufhttp://www.blog.generalmills.com/2014/04/explaining-our-website-privacy-policy-and-legal-terms/</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref11">[11]</a> General Mills Amends New Legal Policies, Stephanie Strom, published in New York Times on 1http://www.nytimes.com/2014/04/18/business/general-mills-amends-new-legal-policies.html?_r=0</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref12">[12]</a> Edward Snowden Statement to European Parliament published March 7, 2014. See: http://www.europarl.europa.eu/document/activities/cont/201403/20140307ATT80674/20140307ATT80674EN.pdf</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref13">[13]</a> Progress on EU data protection reform now irreversible following European Parliament vote, published 12 March 201 See: http://europa.eu/rapid/press-release_MEMO-14-186_en.htm</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref14">[14]</a> European Court of Justice rules Internet Search Engine Operator responsible for Processing Personal Data Published by Third Parties, Jyoti Panday, published on CIS blog on May 14, 2014. See: http://cis-india.org/internet-governance/blog/ecj-rules-internet-search-engine-operator-responsible-for-processing-personal-data-published-by-third-parties</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref15">[15]</a> Complaint regarding Apple iCloud’s terms and conditions , published on 13 May 2014 See:http://www.forbrukerradet.no/_attachment/1175090/binary/29927</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref16">[16]</a> 'Facebook faces UK probe over emotion study' See: http://www.bbc.co.uk/news/technology-28102550</p>
<p style="text-align: justify; "><a href="file:///C:/Users/jyoti/Desktop/Reading%20the%20fine%20script%20When%20terms%20and%20conditions%20apply.docx#_ftnref17">[17]</a> Our Reaction to the FTC Lawsuit See: http://newsroom.t-mobile.com/news/our-reaction-to-the-ftc-lawsuit.htm</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/reading-between-the-lines-service-providers-terms-and-conditions-and-consumer-rights'>https://cis-india.org/internet-governance/blog/reading-between-the-lines-service-providers-terms-and-conditions-and-consumer-rights</a>
</p>
No publisherjyotiSocial MediaConsumer RightsGoogleinternet and societyPrivacyTransparency and AccountabilityIntermediary LiabilityAccountabilityFacebookData ProtectionPoliciesSafety2014-07-04T06:31:37ZBlog EntryTransforming urbanscapes: ATM in cities
https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/transforming-urbanscapes-atm-in-cities
<b>This is the first in series of posts where I will try and articulate the transformation in the urban landscape that one can attribute either directly or in-directly to information and communication technologies. I am keen in discussing changes that are more fundamental in terms of architectural typology and spatial constructs and all this while looking for things that are specific to an Indian city. And that is where the story becomes rather interesting; Indian cities are unique and so when a shift occurs in its material constructs it must be analyzed with reference to its peculiar context.</b>
<p>Automated Teller Machines (ATM) are an accepted part of the city landscape. They are omnipresent and expected to be near you anytime anywhere. Not surprising the other common interpretation of the acronym ATM has popularly been “Any Time Money”! The functioning of ATM is absolutely dependent on the connection of these machines with the mother server of the bank. Without the networked connection through internet, the ATMs machines are dead and practically cannot do anything. ATMs are dependent on internet and the very presence of thousands of ATM spaces in our cities is perhaps the most reoccurring reminder of the spatial alteration of the urban landscape. This phenomenon needs to be dissected further and I will try and answer the following questions in the process.</p>
<p>What is the nature of the ATM spatial typology and how does it fit with the physical context?<br />What are the meaning that are attached to the ATM space and what do they now signify?</p>
<h3>Occurrence, Repetition and Assurance</h3>
<p>ATM’s like the hoardings of a recent advertisement campaign repeats
itself at most part of the city. The same banner, color, bright light
and the bored security guard at the gate. Absolutely predictable,
repetitive and thoroughly efficient. They are suppose to do a simple
function of vending currency note at most times. But they are now an
important element in the city that repeats and can be easily identified.
They are not only doing the function of vending money but also serve as
an important advertisement of the bank and announce its presence in the
city. ATM’s multiple occurrence in a city surely reinforces the idea
of the aspirational middle class of Indian cities.</p>
<p>ATM’s dots the urban landscape while glowing in the night when every other shop and establishments are asleep. A 24 hour petrol pump, the all night coffee shop and of course the railway station tea shop that open all night are the other such night owls that reassure us that the city is not dead and everything will start again tomorrow.</p>
<p><em>These all night establishment have an important urban function; that of sheltering the lost souls in the night and keeping alive the idea of a city on the move. </em></p>
<h3>The Private in Public: Banking in the City Spaces</h3>
<p>The ATMs are extensions of the banks that reach out in the city. They
are the point of receiving money (our money) from the bank. Banking has
extended to public place and this is a very important phenomenon.
Historically of course, informal banking has been taking place in street
corners and small shacks in most old areas, but again only in certain
parts of the city that are associated with such activities.</p>
<p>The ATM’s extend banking in public domain, but through a rather scared and conditioned spaces of the room where the solitary ATM machines lie. The ATM machines occur everywhere signifying that a lifestyle in a consumer society. But ATMs as extension of banking space, are creating a rather interesting contradiction. Banks were never public places really and privacy was always a very important component of banking. Traditionally customers never did transactions in full public view. Money was collected, counted and snugly inserted in wallet or a non-noticeable bag in the comfort of the high counter and inside a fairly semi-public space of the bank. The space of the bank became the place of transaction in extremely limited public view. Moreover the view was not really of strangers but of fellow customers as worried about privacy as the “viewed” subject themselves.</p>
<p>The ATM’s present a new problem; as at one level it creates a space in many parts of the city where a customer can carry out transaction (mostly withdrawals of currency notes) but in full public view of the market place. <strong>This is rather interesting and the situation demands a public display of ones rather private (not necessarily secretive) exercise of doing financial transactions.</strong> Not surprising there is always a swiftness of action when people withdraw money from an ATM!</p>
<p><em>“Why can’t they have more ATM machines in the city? Multinational banks but pathetic service, I tell you. And what the hell is that guy doing. He has already withdrawn twice. Is he talking to the machine”…. An impatient customer in the ATM queue.</em></p>
<p>It is not surprising that waiting outside an ATM machine is not as comfortable as lets say waiting for our turn to buy vegetables or a boarding pass before a flight. ATM’s spatial typology are still reflective of this fundamental contradiction. It is not clear whether the ATM can be as public as a grain shop or as private as a public toilet! At one level the ATM’s have to be very accessible and visible, making it easier for people to use but at the same time they have to be guarded, controlled and monitored.</p>
<p>That is why perhaps there are two distinct parts of the ATM space; The facade which is formed by the back lit name of the bank written in a particular manner and the window from which one can view the ATM machine lying inside. This together becomes like a two dimensional graphics (visual brand) that announces the presence of the ATM. The second is essentially the conditioned room that keeps the machines, which tries and give some sense of the privacy to the customer and perhaps facilitate the security of the machine. Not to forget the security guard, who sits and practically does nothing!</p>
<p>See below the exploded view of the essential ATM typology</p>
<p><img src="https://cis-india.org/home-images/1.jpg/image_preview" alt="Maplitho" class="image-inline image-inline" title="Maplitho" /></p>
<p><strong>I wish if someone can tell me if a bored security guard always found along with an ATM is essentially an Indian phenomenon?</strong></p>
<p>It is not surprising that the ATM on the wall on public street has practically failed to inspire any confidence and are rather rare to find these days. I do not think it is only the concern of security of the ATM machine. I guess the machines are more secured as embedded objects in a wall rather than being stand alone in a room. It seems it is has to do with discomfort associated with doing financial transaction in full public view and that is why the closed room.</p>
<p>The ATM in its present form has not really integrated with the other elements of the city as it essentially sits in the building typology that is meant for small shops. It does not exist in any particular combination of other shops. One of the reason for vitality in Indian city is the nature of combination of various agglomerated shopping and commerce.</p>
<p><em>For example Tea shop on street-balloon vendor - Chat wala - Cold drink and Ice-cream shop - Pan Shop<em></em> - Florists - Newspaper Vendor - Archies Card Gallery - Stationary shop and so on!</em></p>
<p>ATM machine is surely the black sheep unless of course it can be viewed and designed as a utility urban furniture like a bus stand, parking meter, letter box, public toilets or a telephone booth.</p>
<em></em>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/transforming-urbanscapes-atm-in-cities'>https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/transforming-urbanscapes-atm-in-cities</a>
</p>
No publisherpraskrishnainternet and societyIT Cities2012-03-13T10:43:51ZBlog EntryFrom the Stock Market to Neighbourhood Mohalla
https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/stock-market-neighbourhood-mohalla
<b>The stock markets have been the symbol of trade and commerce of the city and the region. In this post I will analyze the stock market; an important commercial institution and try and articulate its changing architectural configuration and its impact on neighborhoods and other public domain of the city. The change in information technology has had a profound effect on the business methodologies of the stock brokers and traders in the last few years with possibilities for buying and selling during the market hours from any internet enabled device. The pundits have announced that the “market is in your pocket or at the comfort of your home”. Is it really so or is the change more subtle? Moreover how will our cities and their public place transform from such shift?</b>
<p>The market refers to a system, institution or arrangement by which certain transactions are executed. The stock market space (building or group of buildings) is usually unique to a larger space (city, region or country) and indicative of the economic interest of corporates, organizations, government and individual investors. The stock market space itself, is one that has traditionally been highly networked node, collapsing together communications with other global markets, financial institutions, agents, investors and government bodies. Communication technology in the form of telecommunication, fax and telegram have been the lifeline to support transactions in the stock market space.</p>
<p>The floor of the stock market is the physical manifestation (both of symbolic and utilitarian value) of the institution of stock trade. It has been the place where the agents using information, negotiate and transact on shares for their respective clients. The space of the floor with information being displayed on the sides has been the image that is used in many movies to symbolize trade and commerce. The floor is projected and perceived as the center sanctum of the stock trading activity at large.</p>
<p>Trading of stocks of all possible kind is possible from a computer connected to internet using real time information of the market. Stock market building space as well as the floor do continue function as central places of trade but immense volume of trade is being done through internet enabled devices across the country. Moreover the program and structure of stock brokers office has radically changed in the last few years. The stock broking office has now become the mini floor of the trade where decisions are taken about buying and selling. The stock broking offices are now the decentralized units that are everywhere, like the ATM machines in the city. They are the neighbourhood investing space.</p>
<h3>Story: Where to Kanti bhai?</h3>
<p>Kanti bhai was worried that morning. He was running late and was driving swiftly to beat the railway crossing. His old bajaj was holding well competing with the jazzy Japanese collaboration bikes as he raced towards the crossing. He could never understand why youngster spend that kind of money on bikes when it cannot even hold the vegetable pack or for that matter even their wife in the pillion seat that well. He was rather proud of his bajaj chetak 2-stroke smoke spewing machine and it had served him well for the last 17 years. As he wriggled past the traffic coming from the right side (well he was on the wrong lane) and swiftly crossed before the crossing gates closed, he slowed down on the turning and signaled with a shake of his head to the kid on the street. To a stranger the nod of the head was perhaps just an empty gesture but Raju the kid was the code breaker! He knew Kantibhai wanted the masala tea real quick delivered on the first floor office of Om Shanti Stock Brokers. Raju also understood that Kantibhai was going for a big kill; bottom fishing since the market fell real hard yesterday. Raju was barely eight when he came from Dungarpur (Rajasthan) to help his uncle at the road side tea shop at Maninagar. Now the road side stall, the commercial complex in front and the shop shack besides the temple were his foster home. The masala tea that his uncle made was the fuel of most office goers in the area and it was a local institution that not only provided tea but also information on real estate, family problems of residents and mobile number of the bootlegger.</p>
<p>Raju with all the tea cups in his hands moved swiftly from the tailor shop below the stair to the picture framer besides it to the Raymond shop in the semi basement to the lady selling the toys on the pavement. He resembled a bee moving from one flower to another in a garden and he quickly climbed the awkward spiral stair to the first floor stock broking office. This was always the place he enjoyed most and it was always teeming with boisterous characters that were perpetually excited; laughing aloud, shouting to be heard, making fun of the other and generally having a good times. These were the stock traders whose baithak (regular sit-out) was the Om Shanti broking office. The office itself was nothing but a room, with a swanky air conditioner and four terminals (simple computers that are connected to BSE) where people took turns to sit and execute their order. But the space of the office spread way beyond this room. They sat in the corridor in front, at the travel agent shop besides, below the hoarding for a commanding view of the traffic snarls in front. The place oozed with people like Kanti bhai’s, and resonated with animated interaction about the stock market, discussions about son’s marriage or rising price of petrol.</p>
<p>The place has in the recent years, come to be associated with share trade and had given rise to a whole eco-sytem that supported it; The stock broking office -Pan Shop- Tea Stall-Bhajia Center- ATM- Photo copiers- Stationary Shop and the Newspaper stall. Raju the tea boy knew much about “circuits” and “stop loss” these days as much he understood the right ingredients of the tea</p>
<p>All of a sudden in the last few years since terminals (internet accessible computers used for transactions) have become common, trade can practically occur anywhere in the city. This phenomenon has also led to creation of the decentralized stock brokers/ investors community as they do not need to be at the main stock exchange building anymore. Due to presence of small and medium sized stock broking firms in the city, the stock market space is now a decentralized neighborhood units.</p>
<p>These are not only spaces for carrying out transaction but have become “places” for trader community to meet and connect. The place itself is small and allows the local neighborhood stock traders or investors to meet. This decentralized community public place characteristics of the space is an interesting development which have been made possible due to the internet based on-line trading activities in market places. Moreover this new program of online stock broking has integrated well with the various processes of the Indian bazaar like informal food, roadside vendors, service sector and active retail. This is also the sign of the strength and vitality of our contemporary markets that have evolved over the years and are the mainstay of the Indian retail.</p>
<p>The association of Information Technology with the Malls and the super blocks of the Call center is only one side of the story. The malls and IT complexes by turning inwards and showing off only a pretty facade have failed to offer anything to the city and do not seem to hold any promise of “public” good to its citizens or user. I will hopefully write more about this in my next posts.</p>
<p>It is actually these little markets where person like Kanti bhai’s rush every morning and the little Raju’s run around serving cutting chai, that small stock broking office, ATM’s and Travel agents (all program that use IT for work) are slowly transforming and complimenting the very nature of the public places in India.</p>
<p>Read the original <a class="external-link" href="http://www.pratyushshankar.net/blog/internet/">here</a></p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/stock-market-neighbourhood-mohalla'>https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/stock-market-neighbourhood-mohalla</a>
</p>
No publisherpraskrishnainternet and societyIT Cities2011-08-02T06:05:59ZBlog EntryCity in the Internet 1: Geography Imagined (Part 2)
https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/geography-imagined
<b>In the last post, I have articulated the nature of understanding and imagination of our urban and rural geography. As mentioned, the understanding of the land, its water and people is an essentially one, that comes through living and experiencing. In this post I will be posing issues around the historical legacy of maps in the Indian context. The issues of imagination of our cities is very much related to this legacy along with the shift that we are witnessing in geographical representation of maps on the Internet.</b>
<h3>Story: The elusive government maps</h3>
<p>The Survey of India office on the first floor of the Janpath Office and Shopping complex is a curious location for an outlet distributing maps of all the parts of India. Right in the middle of the capital city’s colonial pride (Cannought Place), the Survey of India office is perched in one of the first floor rooms of the complex. Paritosh Mukherjee had been going around the building for ten minutes to find the elusive office, but like all things “<em>Dilli</em>” and “<em>sarkari</em>”, you got to be a man to find it. When he asked the person selling the “imported” shoes in the shop below, he got a rude answer “age chalta ban. yeh enquiry office nahi hai bhai”. Somehow Paritosh was always reluctant to ask directions in this city. Maybe it was his small stature or perhaps his accented hindi he picked while at Doon that made him stand out. He knew being so self conscious in this big city doesn’t help, but deep inside he feared the public places and would rather prefer the comfort of his office or his barsati in Greater Kailash. The pan stain in the stair was a relief, and its aroma immediately alerted his neuro-sensors on the right side of his brain that intuitively told him a government department is very near.</p>
<p>“<em>Aap kaha se aarehe hai</em>?” (Where are you coming from?) asked the lady at the counter wearing the red lipstick. Paritosh was about to say Saath; the NGO where he was doing his research project but some of his Delhi training took over, and he said “Madam <em>sirji ne kutch map mangaye hai</em>; Department of Agriculture, Delhi University. <em>Main unke leye research kar raha hoon</em>” (Sir has asked me to get some maps. I am doing research for the Department of Agriculture, Delhi University) . The red lipstick warmed up and gave him the catalog of Maps. Wow! he said to himself; he just crossed the first hurdle to reach the circle of bureaucratic trust. He remembered how his local friend had once explained the nine concentric circles of babus trust that need to be crossed to reach the inner sanctuary of the Indian government bureaucracy. He called it the Garba Graha (the sanctum of a Hindu temple), where all the prayers are answered. Being a son of a Lajpat Nagar contractor, he knew the value of being in the center!</p>
<p>“<em>Bhiaya yeh to</em> out of print <em>hai, aur koi chaiye to bataiyee</em>?” (They are out of print. If you need anything else, let me know?) said the thin bespectacled man at the payment counter, who reminded him of Ritwik Ghatag’s film characters. He sat behind the heavy wooden counter with glass partition separating the rowdy public from the sacred babus space. The counter was the symbolic physical manifestation of the 8th circle of trust. The bespectacled babu looked surreal in the inner circle; as if he had always been there, since India became independent from the Bristish Raj. Piles of files behind him, ashtray that came as a gift from a Karol baug stationary trader, the <em>dak-dak</em> of the fan above, the filtered sunlight from the concrete <em>jali </em>exposing the dusty layer on the counter where Paritosh stood trying to make sense of the situation. Of late he had begun to enjoy these excursions in these old government departments. Even though things got done at its own pace, he found them more honest than the new corporates offices that pretended to be clean and efficient.</p>
<p>The exercise was becoming frustrating now. The maps were either out of print, or out of stock or restricted. He tried hard explaining to the clerk that the maps are important for his research but he was not moved at all. Moreover the the clerk was getting more and more irritated by him and in a second snapped; “the Government is not making maps for you. Moreover with the security concern these days, do you think we will give all these to the terrorists on a silver plate. Do you know these maps were measured by the British and Indian engineers for years together and are some of the finest maps in the world? Do you know that we have details in 1: 5,000 where you spot the difference between a cow and a buffalo. Sir <em>aap naye lagto ho yaha pe</em>. <em>Yeh map jo aap ko chaiye restricted hain</em>. <em>Appne</em> department <em>walo ko bolo ki</em> letter <em>likhe</em> Director saheb <em>ko</em>. <em>Aesai nahi melete yeh </em>maps. Proper channel se <em>aaiye</em>!” (Sir, it seems you are new. These maps are restricted. Tell your department people to write a letter to our director. You cannot get these maps like this. Please come through proper channel)</p>
<p>The clerk was merely following orders, Paritosh said to himself. “Maps of a cities are very informative and important and hence the secrecy around it. They are perhaps the instruments that can be used by some evil minds to blow up our cities or worse occupy India or perhaps these guys are just purely <em>sarkari </em>and hence do not want to help. Maps are not my right, are they? Maybe I am being too naive in thinking they will give them to me”. Soon enough though, he discovered the “proper channel” to get them.</p>
<p>The state is the proprietor of the “scientific” and “authentic” imagery of the space. It is perceived to be so important and authentic that it is denied to common citizens. The accuracy of the documentation is in fact an important condition that becomes the reason why the state is perceived to be in the position to decide future development, present taxation and other policies applicable to various parcels of land. The claim to scientific accuracy coupled with secrecy is a potent combination that a state perhaps deploys to control space. Maps are the perfect instruments of such control, not to forget many others like Census data, Archaeological information, Geological data, etc.</p>
<h3>The map as a state function</h3>
<p>Maps have traditionally been associated with the state in the form of local government bodies, its survey departments and scientific arms. The initial mapping exercises in India for example were efforts as part of the larger objective to control and rule over the colonized territory by the East India company and then the British empire. The first survey of India during the 18th century was carried out by the Army of the East India Company. The survey themselves were done under various categories such as revenue survey, topographical surveys, economic survey, The reliance on the correct scientific methods for accuracy and speed were important considerations. For example the use of geodetic survey by Colonel William Lambton while initiating the “Great Trigonometric Survey of India”. The British took extreme pride in their work, as evident by the words of A. S Waugh the Survey General of India, “This magnificent Geodetic understanding, which at present times extends from Cape of Camorin to Tibet and from meridian of Calcutta to that of Kashmir…”. The survey amongst other activities of documenting was in some sense concerned with the efficient management and utilization of all the resources. This was also the means by which the “native” population was dominated both at economic and cultural realm. The idea of the superior western scientific culture that is extremely accurate, precise and understands the geography of a place (unlike the uneducated locals) got further reinforced in the process of surveying and production of maps. In the process the rich history of the Indian traditions of geographical representation was perhaps seen as inaccurate and not scientific and hence not of much use. The older traditions of maps making were perhaps almost forgotten and relegated to background.</p>
<p><img src="https://cis-india.org/home-images/map_susan_sawai300x213.jpg/image_preview" alt="Fig 1: Historic Map: Sawai Madhavpur" class="image-inline image-inline" title="Fig 1: Historic Map: Sawai Madhavpur" /></p>
<p>Fig 1: Historic Map: Sawai Madhavpur</p>
<p>The above image is a historic map of Sawai Madhavpur old town indicating the water management and engineering plans for the area. Notice the qualitative visual description in the map by the use of colors, textures, text and landmarks. The visual representation techniques are consistent with the place, expressing the qualities of space.</p>
<p><img src="https://cis-india.org/home-images/map_2.jpg/image_preview" alt="Image 2" class="image-inline image-inline" title="Image 2" /></p>
<p>Fig 2: Historic Route Map; Shahjahanabad to Kandahar</p>
<p>Fig2 shows a more utilitarian map for finding ones way from Shahjahanabad to Kandahar; a route map. The route is abstracted as a straight line and important landmarks and rest areas are marked on the line with description as to what to expect. A very creative expression indeed; the map expresses the challenges of the journey.</p>
<p><img src="https://cis-india.org/home-images/map_susan_puri300x162.jpg/image_preview" alt="Image 3" class="image-inline image-inline" title="Image 3" /></p>
<p>Fig 3: Map of Puri</p>
<p>Above is a beautifully painted map of the religious town of Puri. It shows the temple complex and also expresses the context of its existence; the mythological stories, the festivals, wars and imagined position of the town in the regional geography of forest, animals and water bodies. It expresses the geography in a poetic fashion loaded with anecdotes; much the way in which common people understand it.<br /><br />All the three maps are from the book “Indian Maps and Plan: From earliest times to advent of European Surveys” by Susan Gole, Manohar Publisher, 1989, New Delhi. These maps are very different from the survey maps that the British made in India. Obviously the later is based on accurate ground survey hence claims to be true representation of the exact physical condition as it exists on the surface of the land. The older maps on the other hand, almost always told the story of the place, its people and their belief systems. They were perhaps more contextual to the place and not merely physical representations.</p>
<p><em>Interestingly enough the surveyed map of the British India also became the basis of the partition of India and Pakistan. In some sense the arbitrary line drawn on a piece of map for the partition of India leading to displacement of some 12.5 million people and perhaps a million deaths, demonstrates the power of the “scientifically measured maps” in the hand of few</em></p>
<h3>Maps for National Identity</h3>
<p>The British maps were part of the large legacy, India received apart from efficient Railways, Post and Telegraph, Census and so on. But maps were important as they were the tools for forging a new national identity at one level, but also the tool to reinforce cultural identity (especially language) through drawing up of new sate boundaries. The map was the mediator of the imagination of our territory; “The Indian subcontinent extends from the great high Himalayan mountains in the North, seen here as green undulations to the tip of the Southern coast of Kanya Kumari where the three seas meets”, as said by our school geography teacher. The good old map was the perfect companion of the children that had to be taught about the diversity of India, its flora, fauna, people and their distinct culture. We grew up imagining a lot of India through these maps. It was the tool for national integration at one level and for reinforcement of regional and state identity at another level.</p>
<p>Apart from the fact that all the maps that were available in the pre-internet era had similar visual quality (and seem to be offspring of the mother map), the information of the map was essentially the function of the state. The state was the surveyors, authenticator and producer of these maps. Access to maps is not necessarily your right. The state has the right to refuse to general public the sale of map of certain areas like restricted border zone till this date.</p>
<p>The state was central to the imagination of national, state and city spaces which as mediated through maps.</p>
<p>More often than not, maps became the medium in the hands of the state to “teach” or orient the citizen of India the wonders of India, like the uninterrupted Himalayan mountain ranges, holy rivers, western ghats and the long coastline. Maps really were seen as important means for maintaining national identity and pride. Apart from their symbolic value maps also had some practical value for navigation and locating spots.</p>
<p>Maps were essentially line drawing with or without color fills. The natural features were depicted using various graphical hatch like the grasslands, marshes, water or hills. Transportation networks depicted through different thickness or type of lines; the broken one for pedestrian trails, the toothed one for the railway line and so on. Essentially elegantly abstracted diagrams of space in the true tradition of cartographic representation as perfected by the Western World. It is obvious that depiction is abstract and refers to space that exists which you wish can visit to see, feel or touch if need be. The medium that carried this visual were also varied but the image was more or less constant. For example school textbooks, stand alone maps or maps of various government departments to name a few. The visual construct of the map had many constants like use of lines, fills, landmarks, natural and man-made features to name a few.</p>
<h3>Why in some culture people prefer asking direction than use maps?</h3>
<p>Use of map to find directions is essentially the result of the western modernist framework where the individual is the center in the imagination of the society. The individual with his preference, freedom and choices has to be preserved at all cost. The self becomes the center of existence and must never be violated. The use of map to navigate in cities or countryside is the perfect way of preserving the “self” in a public domain. Why be dependent on the advice of the person on the street when one can get the job done in a more efficient fashion? In contrast to this people in many other cultures love to ask directions and most like to give direction in most animated and excited fashion. There is no fear or shame in asking directions, and in bargain people often strike a conversation about family and kids. This chance interaction, the meeting of strangers, the conversation about life, the meeting of the eye and a shared smile is the glue that binds our cities and creates the public realm. The “public” of cities is not defined through spaces alone but how people interact on the streets. The reliance on people rather than a piece of paper for locating oneself in city space is a symptomatic case, that very much explains the nature of our cities.</p>
<p><strong>Indian cities are as much defined by community action in public places as much by their form. The conversation with strangers or casual acquaintances on the road is the glue that perhaps binds the Indian cities.</strong></p>
<p>The other issue that gets raised is about how people, their verbal description, and animated gestures are preferred to visualize a route or landmark in space of cities. So the imagination of space is not always mediated through the “top view” of a map. The personal interpretation and description are as important as the spatial triangulation.</p>
<p>The use of place-markers, text and pictures in google maps and similar such sites seems to be mimicking this aspect of the city; the opinions of people, their memory and impressions.</p>
<p><img src="https://cis-india.org/home-images/incometex300x212.jpg/image_preview" alt="Image 4" class="image-inline image-inline" title="Image 4" /><br />Fig 4: Users Opinions in Google Earth</p>
<p><img src="https://cis-india.org/home-images/Picture1300x187.png/image_preview" alt="Image 5" class="image-inline image-inline" title="Image 5" /><br />Fig 5: The users view on Google earth</p>
<p>All of a sudden we are able to hear people in maps. This is an important development and needs further examination. The fundamental attitude is towards looking at our surroundings; in this case from the top. The “gaze” is an important conceptual phenomenon that will be need to be accounted for while understanding the deployment of any such image as a way of exploring geographical space. <strong>“The gaze is outside; I am looked at, that is to say, I am a picture”</strong> (Lacan, 126).</p>
<p>These maps (Figure 4 & 5) as such show the worms eye view superimposed on the bird eye view. The individual interpretation in space which is common (Cities; belongs to all) is a consistent pattern that one finds in most of the geographical representation of space on the internet. Two conditions come together here; the representation (in this case a satellite picture) of space that claims to be accurate and neat along with individuals marking there engagement with the same.</p>
<p>In some sense it (satellite maps on internet) presently represents two extreme scales; that of a large neat space of the city and the individuals readings of the space. <strong>Maps have, after a long time broken from the clutches of the state</strong> but still do not necessarily connect with larger social cultural processes of the city like the old maps did. It is still “work in progress”, but offer immense opportunities in creating representations of space that can tell lot more stories of our cities. Like many other mediums that have transformed due to the internet (like collaborative music, videos etc), there seems to be a possibility of creative expressions in generating new maps that may represent the rich vitality of our cities.</p>
<p>Maps perhaps were never tools to find directions. Are they not the story tellers of a place?</p>
<h3>References</h3>
<p>Gole, Susan. Indian Maps and Plan: From earliest times to advent of European Surveys, Manohar Publisher, 1989, New Delhi</p>
<p>Lacan, Jacques. What is a Picture? in The Visual Culture Reader by Mirzoeff Nicholas. Routledge, 2002. New York</p>
<p>Read the article in <a class="external-link" href="http://www.pratyushshankar.net/blog/internet/">Pratyush's Blog</a></p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/geography-imagined'>https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/geography-imagined</a>
</p>
No publisherpraskrishnainternet and society2011-08-02T06:06:43ZBlog Entry City in the Internet 1: Geography Imagined (Part 1)
https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/city-in-the-internet
<b>“The estuaries that flirt with the land mass before they finally perish in the vast deep blue ocean beyond were perfect in their shape and grace. And you know what; from top it appears like a surreal landscape that is so restive and peaceful, almost heaven. The countryside is actually very beautiful”, says Pratyush Shankar in his latest blog post. A random conversation between two person discovering the joys of seeing our existence through Google Earth!</b>
<p>The use of maps through the Internet has seen a many fold increase in recent times. With availability of satellite information to anyone through various websites we are witnessing a sea change in the manner in which our space (cities, countryside and landscape) is being gazed upon. This is an important time historically, as it has the potential to fundamentally alter our imagination of space; right from the scale of a country to our neighbourhood block.</p>
<p>The Internet today is perhaps right in the middle of such mediation of the city and people. The Google maps, satellite imagery, road maps, place markers, are leading to a re-imagination of our own environment. Let us try and explore some of the key concepts that gets raised in the process of such expressions of space and its mental constructs. This is the part one of the essay and by the end of the next post I will try and speculate its impact on city spaces (yes the real space!)</p>
<h2>Story 1: Geography is sensed and lived in</h2>
<p>As a child growing up in a not so small town of Kota, Shailendra and his group of friends swore allegiance of silence and if needed deceit when it came to their weekend forays outside the city; a swim in the river Chambal. The swim was a big no-no for kids, as stories of people being washed away in the strong current of the merciless river that had steep banks, were drilled into every potentially aberrant child of the town. If not the force of the water it definitely had to be the crocodiles that wait for days together, at the dark bottom of the river for that one sweet sound of a child swimming above. After that it is only gore and blood. But Shailendra and his friends could not resist the temptation of a good swim in the cool water. He often boasted about his dives and his long swims and that he saw a crocodile come his way but swam faster than that wretched creature. And some time during a leisurely mood as he and his friends sat on the banks of the river, smoking Charminar with the Chambal swiftly passing below, he spoke about his dream of leaving this small city of aunts, cousins, family festivals, marriage, river and crocodile for the “big city”; the city of lights, new friends and endless possibilities. This is how he understood his city; small, protective and the big river on its periphery. The city was compact, the river dangerous, the slopes of the city lead to a valley which had rich but soft soil; not so perfect for foundations of buildings but great for mango orchards they frequented last summer. The orchards were owned by the Garasia’s, the land owning class of the villages around, and they made good money. They could marry off their daughters to neighboring villages and throw a lavish dinner for the community. Not bad at all, he thought considering the fact that this community had small land holding and almost no access to credit . Further downstream the villagers were much richer. The Patidar community here had access to capital from their ancestral assets and strong community networks as they used the river water for intense irrigation; they grew basmati rice, export quality very much “Made in India”. Their sons studied in boarding school at Mt. Abu and would often show0ff their recent shopping booty from Mumbai or Delhi. Enough land and plenty of water can do wonders he thought!</p>
<p>Shailendra and his friends understood the geography as much as they understood the economic processes that are associated with land and water all across the length and breath of the country. The agricultural modes as linked to the geography of land is as common a knowledge, as the fact that one has to remove slippers before entering the temple premise. The geographical understanding of a place or region is necessarily one of soil, surface drainage, river, canals and how it impacts building and agriculture activity. This is true for most souls of the large number of villages and towns of India. The geography taught at the local school’s is as abstract and distant as Galelio’s invention of telescope or closer home the 1857 mutiny against the British. Land is understood through immediate examples that affect and lets us understand the structure of space around; the relationship of land, its water bodies, forest, its produce, livestock, agriculture and people. It is this web of relationship that provides the primary reading of landscape. A reading emerging from survival and dreams. An understanding that is bodily and involves all sense.</p>
<h2>Story 2: Geography is contested</h2>
<p>The push and the subsequent fall was bad, considering the fact that it was only suppose to be a friendly game of football with the boys from the municipal school. Pyjama chhap; that’s what Ajay used to call these boys. Ajay knees were badly bruised, something he had got used to since he joined the school football team. But the injuries and the resultant bandage were in fact trophies he did not mind showing off in his neighborhood. Sweet pain eh! But today his encounter with the boys from Municipal School no -32, Kandivalle in the football match left him a bit shaken. There was something about that push, something strange in the eyes of the boys who did him in. No apology, no shake of hands but a brutal look as if that bunch might kill him if he come anywhere close to them. Ignoring the skirmishes, he soon carried out with his show of bandages in the knee and slight limp in school; a typical John Travalto one. This had been a regular ritual he performed often to woo the girls of the class, a show that said “I am the Alpha male and have just returned from a battle where I proved my supremacy. I am broken here and bruised there. Some sympathy, some support, some sweet nothing talk or maybe a gentle caress might help”. And life goes on. A daily ritual of updating the facebook profile, completing the homework, sourcing the “ultimate porn”, avoiding dad, recharging the sim, football practice and girls. </p>
<p>Life rolled on till the day Ajay was again confronted with the same pyjama chaap kids of the Municipal school. This time it was beyond the security of his school compound in the market street exposed to the elements. The same dirty look and menacing stare. He tried to smile but before he could realize the one in the center with a dark face and curly hair shouted “matherchod bahut shaana ho gaya hai tu” (mother fucker you have become too smart these days). Now this one was a pure googly. Ajay was stumped, confused and more than anything else he was sweating with fear. Why me and why here in full public view. But..but what is the matter boss, he said? Matter is very clear, said the other one with a squint eye; your dads behind eviction of two shops, one house, three families and four dogs. You assholes have brought these families to street because your dad brought the municipal bulldozers to clear the plot in front of his clinic so that he can plant trees and have a nice parking for his clients. Now this was heavy… very heavy. Ajay just could not fathom why it had to be him. And.. and what is in that piece of land anyways. A large neem tree, dusty rough surface, some shanty and a nullah flowing with the exposes water pipe.</p>
<p>The encounter lasted a few seconds but it was devastating. He ran to the comfort of his house and immediately asked for hot masala maggie. Oh sweet home; it felt so good to curl up on the couch, switch the channels of the television, check the emails; all so personalized and predictable. He wanted all the familiar comforts that day…</p>
<p>Ajay soon outgrew the incident and went about planning his daily inaction’s, weekly bunks and occasional dates. But that incident also changed him. He had a keener eye now, for both sensing trouble and also to things around him he earlier had failed to notice.</p>
<p>He understood how the rivulet that flows from the ghats to the sea, actually is the life line of some twenty thousand families that stay there with their dogs, cats, shops, scooters and some even cars. He knew that the mangroves of the city are now piece of trophy used by the environmentalist to rally for protection and stop the International Airport project. He knew how the Mumbai floods were actually man-made as subsequent corrupt municipal officers choose to ignore the fundamentals of topography and water. That is how he learned about the geography of his city; from being absolutely ignorant about his surroundings, he suddenly knew how his city is the space of conflict, of emancipation, deceit, opportunity and corruption. The fractured geography of his city told the story of survival, human ingenuity and violence.</p>
<h2> The “image from top”</h2>
<blockquote>“The view of the Earth from the Moon fascinated me—a small disk, 240,000 miles away. It was hard to think that that little thing held so many problems, so many frustrations. Raging nationalistic interests, famines, wars, pestilence don’t show from that distance”<br /></blockquote>
<blockquote>
<p>Frank Borman, Astronaut aboard Apollo 8, ‘A Science Fiction World—Awesome Forlorn Beauty,’ Life magazine, January 1969.</p>
</blockquote>
<p>The view of the earth from moon and satellites in the late 50′s and 60′s contributed to imagination of the planet as an artifact that is small, vulnerable and alone in space. It fed a whole generation of activists, scientist and media to speak about the earth as a unique place. The image of earth with its deep blue surface, clouds and spots became the single most important symbol that fueled the the hearts and minds of the generation, that questioned the development model of the western world. It attacked the core values of modernity and growth that was drunk on technology, performance and confidence to master the elements of nature. But at the same time, it hearled a very different way of reading space. Riding on the growth of both print and visual mediums it led to an explosion of imagery that showed the “God’s view of the earth”. A fantastic collage of calm blue oceans, neat forests and swirling clouds streams. The good old map that existed in Geography- II textbooks of schools were so boring now; way too abstract and almost a diagram.</p>
<p>That old maps did not inspire any spatial imagination but it did have these lines where none existed. The straight lines of longitude, the dark red meridian, the political boundary of nations, the dark circular one of the capital city. And yes the arrows; the ones showing the direction of the ocean current, swirling all around the blue waters. Maps are much maligned lot these days. Often seen as expressions of the intent to document, control and exploit the land that was colonized by them, maps were instrument of power struggle in India and elsewhere. But they do exist amongst us like many other colonial legacies. Maps are provocative, they express an opinion and engage with the user to form a dialogue of questions and answers. For example the map of Delhi metro is statement of origin-destination possibilities of the large city. A statement of the state of flows and possibilities for movement of one self in the space.</p>
<p>Maps are a statement of processes of space which may or may not express visually. For example the map showing the per-capita consumption of cereals in a district, may or may not manifest as a form. It is the story of the people, their ability to access food supplies etc.</p>
<p>The map is telling a story that made you develop an imagination of space. The satellite image leaves nothing for imagination.</p>
<p>But the view from top has often been perceived to be the real space; as it actually exists. Unlike maps that are either surveyed and drawn, Google Maps and such derivatives on the internet today use an “image from top” as a basic conceptual ground to explore space. Let us now try to deconstruct this phenomenon further.</p>
<p>The image of space below taken from top is important from the point of view of creating grounds for further information. The image pretends to be complete, authentic, accurate and real. There is no possibility for error. The camera are special, there lens accurate, the satellite is state of art and the image is not “photo-shopped”. This portrayal assumes that the visual image is the baseline reality to be recognized. The image then claims to be “the” window to reality and becomes the mediator between the person and his/ her imagination of the surrounding space. Unlike maps wherein the first cut documentation is a bodily involvement of people with space while conducting physical surveys, it is the snap of the camera in case of satellite images. Whereas it is common knowledge that ground physical survey are way too accurate in terms of their dimensional characteristics, the “image from top” are seen to be more closer to reality. This raises interesting questions from the point of view of our understanding of space be it the forests, oceans, rivers, countryside or cities.</p>
<p>Will the dependence on the image (satellite pictures) and its derivative maps that we are witnessing through the internet today for visualizing space lead to a viewer that is satisfied with the “happy” image of his surroundings? Does it mean that the visual (image) becomes more important than the “process” (be it processes of nature, human survival, achievement etc) when imagining space. In short are the meanings attached to the image limited now than before.</p>
<p>So are we headed towards a more homogeneous imagination of our space and its parts due to the mediation by the same image through the internet? The forest are dense, the plantations greens, the coastline smooth, the old city organic and water bodies are deep blue.</p>
<p><strong>Wait! The story has a new twist</strong></p>
<p>But there is something also happening to the image on the internet. There are place markers, text, suggestions, stories, links to other site and even pictures overlaid on the satellite images or its maps. The story is getting interesting now; the technological possibility of user participation is creating a new layer of information and opinions on the maps. Far from being a specialized cartographic exercise, maps are being now created by people. It expresses their impressions, choices and preferences about their space.</p>
<p><strong>This phenomenon of the individual expressions over the expanse of the vast space is new and needs to be further understood. More about it in the next post…..</strong></p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/city-in-the-internet'>https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/city-in-the-internet</a>
</p>
No publisherpraskrishnainternet and societycybercultures2012-03-13T10:43:50ZBlog EntryInternet, Society and Space in Indian City: First Report
https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/internet-society-space
<b>This is the first report on the progress of the research on Internet, Society and Space in Indian City. The post is a collection of some of the initial focus of these studies. I have started simultaneously exploring and testing various arguments and have listed some key observations from the ones that are nearing completion. </b>
<p><img class="image-inline" src="../../city-poster-10/image_preview" alt="City Poster 10" /></p>
<p>The idea of the relationship of Internet with space throws interesting challenges from the perspective of both the theoretical premises and actual research methods followed to tease out the issue. I have been exploring the following line of inquiry in the first month and a half of the research:</p>
<ol><li>To understand the broad patterns of representation of cities in Indian from both a historical (classical) traditions and contemporary popular practices</li><li>To derive the key hypothesis for the narrative research of the different persons leading to rendering of characteristics of the target group to be interviewed</li><li>To develop the method for researching issues of spacial transformations as related to mobility and change in land-use patterns<br /></li></ol>
<h3>Notes from Field Studies</h3>
<p>Representation of space in various mediums was of special interest to me, as it reveals a lot about our cities, both in terms of what physically exists and is imagined. The aim was to capture the ideas of such representations both in popular as well as formal/ classical mediums. The search started with the old part of Ahmedabad, which is the centre of trade and commerce for not only the city but also the region at large. A wholesale seller of books on medicine, the Navneet school textbook, the Anchor electrical switches, the Tullu pump motor and the Taparia screwdriver are all here in the old city. This part of the city is the heart, which supports life way beyond its own space.</p>
<p>The book wholesalers were of special interest to me as I was looking for the front page of the notebooks that kids use in schools. Unlike the time when I studied, the long notebooks these days are full of illustrations in the front and back cover. The bullet trains of Japan superimposed on the Eiffel tower of Paris, the natural environment and the deer chewing grass in strange oblivion, the view of the skyscraper of Singapore or a globe with a tree on top are all seemingly inconsequential images on textbooks these days. I was particularly interested in the ones that make a statement on the city and its parts or rather literally had a whiff of 'space'.</p>
<p align="center"> <img class="image-inline" src="../../city-poster-7/image_preview" alt="City Poster 7" /></p>
<p> The wall posters that are sold on the streets were also analyzed for the content and focus. The cheaply printed bright coloured posters are a wonderful reflection of our society and by virtue of their content, have a pan-Indian appeal. Salman Khan soaked in blood, Katrina Kaif with pouted lips, the solitary rural lady sitting below a pine tree with her head down and singing “When will you come back my love”, a idyllic rural street with bullock carts or the view of fort area of Mumbai are some such illustrations on these posters.</p>
<p>This particular study of popular modes of representation raises interesting questions from the point of view of perception of space both in terms of the actual lived in experience and the meanings attached to the same.</p>
<p align="center"><img class="image-inline" src="../../city-poster-1/image_preview" alt="City Poster 1" /></p>
<h3>The Nature and the Cities</h3>
<p>The yearning for nature or rather an apparent moral quest for some kind of a harmony seems to be a prevailing attitude in lot of the popular representation that I studied. The intensity of development is often proportionate to the 'prestineness' of the nature that surrounds it. Development is seen as a clean activity in the lap of nature! But on further examination one observes a consistent effort to juxtapose nature and city life in a binary relationship. Even though mixed up together to suggest a kind of romantic co-existence, the treatment makes it obviously as two different realms.</p>
<p align="center"> <img class="image-inline" src="../../city-poster-6/image_preview" alt="City Poster 6" /></p>
<p>The imagination of cities and nature as two different realms is an important concept and will be explored further.</p>
<p align="center"><img class="image-inline" src="../../city-poster-11/image_preview" alt="City Poster 11" /></p>
<p>I will return to it while describing similar city representation patterns in the historical classical traditions such as Miniature paintings.</p>
<h3>The Made-Up Context</h3>
<p>The range of representation needs further examination from the point of view of the perception of cities and its spaces. Large numbers of posters were actually an interesting collage that somehow brought together picturesque images of iconic building from around the world in a kind of new juxtapositions. </p>
<p align="center"><img class="image-inline" src="../../city-poster-9/image_preview" alt="City Poster 9" /></p>
<p>Authenticity does not matter, nor does context as long as it is reflective of the ‘developed’ countries. Iconic buildings like the Eiffel Tower, Sydney Opera House or Mumbai VT terminal capture the imagination of the people as symbols of human habitation. But what is more important is the fact that these symbols almost purposefully are far removed from the context in which they are produced and consumed. This is interesting as by the virtue of its cultural, spatial and contextual differences, the representations have a dream or unreal aspects to its existence. This feeling of disconnect and the unreal is important in this form of representation as it floats as an imagination that should never ever come anywhere close to reality; A space which is so fictitious that it hardy needs to connect at all with the physical world. Similarly, many posters tried to portray the romance of the rural life of India.</p>
<p align="center"><img class="image-inline" src="../../city-poster-8/image_preview" alt="City Poster 8" /></p>
<p align="center"><img class="image-inline" src="../../city-poster-4/image_preview" alt="City Poster 4" /></p>
<p>The lady waiting for her lover, the village hut and the bullock cart drawn not as a reality but as symbols, juxtaposed to remind its viewers the virtues of the rural living. The caricatured symbols of rural life that are shown in these illustrations elevate the production into a fictional and surreal space that is far removed from cities where it is consumed and also very different from the vast hinterland of the country that they pretend to represent. This hyper and almost mythical representation of space is a very important condition to all these illustrations leading to interesting questions of how our city spaces are imagined. It seems that this fiction or rather the surrealist attitude is very important aspect in popular imagination of space in the Indian context.</p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/internet-society-space'>https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/internet-society-space</a>
</p>
No publisherpraskrishnainternet and societycybercultures2011-08-02T06:06:25ZBlog EntryInquilab 2.0? Reflections on Online Activism in India*
https://cis-india.org/raw/histories-of-the-internet/blogs/revolution-2.0/digiactivprop
<b>Research and activism on the Internet in India remain fledgling in spite the media hype, says Anja Kovacs in her blog post that charts online activism in India as it has emerged. </b>
<p>Since the late 1990s when protesters against the WTO in Seattle used a variety of new technologies to revolutionize their ways of protesting so as to further their old goals in the information age, much has been made of the possibilities that new technologies seem to offer social movements. The emergence of Web 2.0 seems to have only multiplied the possibilities of building on the Internet's democratising potentials, so widely heralded since the rise of the commercial Internet in the 1990s, and since then, the use of social media for social change has received widespread media attention worldwide. From Spain to Mexico, activists used the Internet as a central tool in their efforts to organise and mobilise – be it to express their stand against a war in Iraq, against a Costa Rican Free Trade Agreement with the United States, to mobilise support for the Zapatistas of Chiapas, or more recently, to push for a change of guard in Iran.</p>
<p> </p>
<p>In 2009, when Nisha Susan launched the Pink Chaddi campaign, the 'ICT for Revolution' buzz finally seemed to have reached India as well. Phenomenally successful in terms of the attention it generated for the issue it sought to address, the campaign sought to protest in a humorous fashion against attacks on women pub-goers in Karnataka by Hindu right wing elements. In only a matter of weeks, Facebook associated with the campaign – 'The Consortium of Pub-going, Loose and Forward Women', which gathered tens of thousands of members. It was ultimately killed off when Susan's Facebook account was cracked by rivals. The campaign was perhaps the singular most successful account of ‘digital activism’ in India so far, and an impressive one by all measures.</p>
<p>The creativity of the campaign should not come as a surprise to those familiar with the long and rich history of activism for social change in India. Organised social actors have been critical influences in the emergence of new social identities as well as on critical policy junctures from colonial times onwards, developing a fascinating and unmistakably Indian language of protest in the process (see Kumar 1997 and Zubaan 2006 for examples from feminist movement).</p>
<p> </p>
<p>As Raka Ray and Mary Faizod Katzenstein (2006) have pointed out, in the post-independence period, such organised activism for long was connected by at least verbal – if not actual – commitment to the common master frame of poverty alleviation and the ending of inequality and injustice, and this irrespective of the particular issues groups were working on. Since the late 1980s, however, a number of far-reaching changes have taken place in India. This period has been marked by the definite demise of secular democratic socialism as the dominant script of the Indian state and its simultaneous replacement by neo-liberalism. Moreover, in the same period, Hindu nationalism as an ideology too has gone from strength to strength, with only in the last five years a slowdown in its ascendancy. While for many traditional social movements of the Left the commitment to social justice remains, in this context a space has undeniably been created for groups with a very different agenda. The considerable popularity of organisations such as Vishwa Hindu Parishad and Rashtriya Swayamsevak Sangh, both Hindu nationalist organisations, are prime indications of these transformations. However, the fragmentation of the activist space did not only benefit reactionary elements of society. The final emergence into visibility of a well-articulated middle class queer politics, for example, too, may well in many ways have been facilitated by the evolutions of the past 20 years. Although this point has been mostly elaborated in the context of the US (Hennessey 2000), in India, too, this seems to ring true at least in some senses.</p>
<p> </p>
<p>The general shape-shifting of activism in India since the 1990s is not the only contextual factor that deserves obvious consideration in a study like this. In addition, since independence a close link has been forged in policy and people's imagination alike between science and technology on the one hand and development paradigms in India on the other. Not everyone agrees on the benefits of this association: all too frequently, the struggles of grassroots social movements are directed precisely against the outcomes or consequences of a supposedly 'scientifically' inspired development policy. The neo-liberal era is no exception to this: as Carol Upadhya (2004) has shown quite convincingly, the economic reform policies that are at the heart of neo-liberalism have been inspired first and foremost by the information technology sector in India, which has also in turn been their first beneficiary. And today as earlier, Asha Achuthan (2009) has pointed out, in the resistance to these policies, the subaltern who is the agent of grassroots social movements is frequently associated with a pre-technological purity that needs to be maintained in order to resist discourses and material consequences of technological change themselves. In popular discourses, at least, attitudes towards technology inevitably come in a binary mode.</p>
<p> </p>
<p>Seeing the context in which digital activism in India has emerged, a number of pressing questions regarding the new forms that even progressive activism takes as it adopts new tools and methods, then, immediately offer themselves. Leaving aside the activities of right wing groups in India, who are the actors that occupy this space for activism and what are their relationship with offline activists groups? Which are the issues online activism seeks to address, and what are its master narratives, goals and audiences? Where does it locate problems in today's society, and what kind of solutions does it propose? How does it posit its relation to the global/international and to the offline-local; to dominant understandings of science and technology, development, or desirable social change? How are these understandings reflected in online activism, including in the choice and use of technologies but also in the discourses that are deployed and the audiences that are targeted? What are its methods, its strategies, its ways of organising? What role is played by organisations, collectives, networks, individuals? In what ways is the field marked by the conjuncture at which it emerged? Do those who first occupy (most of) it also set the parameters? Or do its tools fashion online activism's very conditions of existence?</p>
<p>The value of greater insight into these issues is not immediately apparent to all. For one thing, some would argue that, as connectivity in the emerging IT superpower remains limited, the importance of these questions to those concerned with social justice in India is really marginal. It is true that while commercial Internet services have been available in the country since 1995, for long the number of connections remained abysmally low. Even today, the number of subscriptions has only just crossed the 14 million mark, and barely half of these are broadband subscriptions, severely limiting the usefulness of a wide range of potential online activism tools (Telecom Regulatory Authority of India 2009 – figures are for the second quarter of 2009). According to I-Cube 2008 report (IMRB and Internet and Mobile Association of India 2008), there were an estimated 57 million claimed urban Internet users in the country in September 2008 and an estimated 42 million active urban Internet users. Corresponding figures for Internet users in rural areas in March 2008 were 5.5 million and 3.3 million respectively. Almost 88 million Indians were believed to be computer-literate at the time. Clearly, then, online activists are a tiny section of an already fairly small, privileged group, and at least in a direct sense, the availability of new tools is thus indeed unlikely to affect all activists or activism in the country.</p>
<p> </p>
<p>Some of my own starting points while embarking on this study may seem to further give fuel to arguments against the value of this research. The idea of investigating online activism in India as it emerges followed from my observation – and a troubling one at that for me – that so far, and despite all the hype internationally, more traditional grassroots movements in India seem to have been slow to embrace the Internet as an integral part of their awareness raising and mobilisation strategies. Although they may attract the largest numbers of activists offline, the many so-called 'new' social movements that have emerged since the 1970s and that remain important actors pushing for social change seem most conspicuous by their relative absence online. This is especially true of those critical of current development paradigms and practices: movements fighting against dams, special economic zones or land acquisitions for “development” purposes seem visible only in relatively fragmented and generally marginal ways. Instead, middle-class actors addressing middle class audiences on middle class issues seem to be the flag bearers of Internet activism in India – the Pink Chaddi campaign or VoteReport India, a “collaborative citizen-driven election monitoring platform for the 2009 Indian general elections” (see votereport.in/blog/about) perhaps among the most well-known illustrations of this argument.</p>
<p> </p>
<p>Both points are valid, and yet, while inquilab it may not be, to conclude from this that the study of online activism automatically is of only very limited value would be short-sighted. Indeed, even if the hypothesis that Internet activism is dominated by middle class actors who address middle class concerns is validated (note that in any case considerable segments of the leadership and cadre of grassroots movements, too, tend to come from middle class backgrounds), this is likely to affect all those interested in affecting social change, even if perhaps in varying degrees. For one thing, it would mean that as the public sphere is reshaped, important new quarters of its landscape are inhabited only be the elite, contradicting the still widely popular and even cherished belief (at least among those who are familiar with the Internet) that the Internet is a democratising force. Instead, the proportional visibility in the public sphere of dissenting viewpoints on development, science, neo-liberalism, progress, the state will only decrease. In addition, then, it may also indicate a further refracting of the activism landscape and its master narratives and methods, where different segments of activists increasingly need to vie with each other for recognition and validation of their respective understandings of political processes and of appropriate forms of engaging with these. As such battles intensify it is not too risky to make a prognosis on who will be the main losers. If, in an era in which the old activist master narrative of justice for all remains under strident attack, civil society has come to occupy at the expense of political society (a useful distinction first made by Parth Chatterjee in Chatterjee 2004) a whole arena of activism, this would indeed need to be a cause of concern for all. In order to gauge its ramifications, it is however, crucial to first of all understand in which ways and to what extent this statement rings true.</p>
<p> </p>
<p>The current study may well not be able to fully develop all the above and other theoretical strands as they emerge in the course of this research. But what it does promise to do is to outline the breaks and continuities that mark the make-up, strategies, audiences and goals of those who embrace the new possibilities that the Internet provides at the same time as the information age so fundamentally reconstitutes our society. As a starting point for the analysis, this research will therefore, attempt to map the online activism that has taken place in India so far, focusing more specifically on the forms of activism that leave a public record on the Internet (a more extensive debate of various definitional issues is in order – I will take this up in a separate blog post, to follow later, however). At the core of the research will be the construction of a database pertaining to online activism in India with links to email lists, blogs, Facebook groups, popular hash tags and the like. Although much of the activism I will be looking at will be centred around what has come to be known as 'social media', my focus is thus broader than that, as older tools such as e-petitions, discussion boards and list servs, too, will be included in this study. The aim is to be as comprehensive as possible, although for the database to ever be complete will, of course, be an impossibility. Moreover, since only data available in the English language will be collected, the database will automatically have its limitations. The database will be further complemented by interviews with activists who have been involved in key online campaigns and, where appropriate, case studies. It is the data thus gathered that will form the basis of our analysis.</p>
<p> </p>
<p>While the scope of the study is thus admittedly ambitious, the fact that online activism in India is a fairly recent affair – little happened before 2002, and it has only really taken off in the past three years or so – makes this venture not an impossible one. The contribution I hope to make through this research is not simply to work on the Indian context, however. Despite the media hype surrounding the possibilities of the Internet for social change, research on the Internet and activism more generally remains limited so far. The paucity is perhaps particularly acute where activism and social media are concerned (Postill 2009). Moreover, the work that does exist, I argue, tends to look mostly at activists' use of one particular tool, for example YouTube, or Facebook. Sight is thus generally lost of the larger cyberecology of communication in which this use must be located, preventing an opportunity for genuine insight into the ways in which activism is reconfigured from materialising. By using a much wider lens, this research hopes to make a beginning to correcting this lacuna. It is in this way that the importance of the changes that are underway in the Indian activist landscape as elsewhere can be appropriately assessed.</p>
<p> </p>
<p align="JUSTIFY"><em><strong>*
Inquilab means revolution</strong></em></p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY"><strong>References</strong></p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Achuthan, Asha (2009).
Re-Wiring Bodies. Centre for Internet and Society, Bangalore.
<a href="https://cis-india.org/raw/histories-of-the-internet/rewiring/review">http://www.cis-india.org/research/cis-raw/histories/rewiring/review</a>,
last accessed on 15 January 2010.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Chatterjee, Partha
(2004). <em>The Politics of the Governed: Reflections on Popular
Politics in Most of the World</em>. Delhi: Permanent Black.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Hennessy, Rosemary
(2000). <em>Profit and Pleasure: Sexual Identities in Late Capitalism</em>.
London: Routledge.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">IMRB and Internet and
Mobile Association of India (2008). I-Cube 2008: Facilitating Citins,
Altins, Fortins (Faster, Higher, Stronger) Internet in India. IMRB
and Internet and Mobile Association of India, Mumbai. <a href="http://www.iamai.in/">www.iamai.in/</a>,
last accessed on 15 January 2010.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Kumar, Radha (1997). <em>The
History of Doing: An Illustrated Account of Movements for Women's
Rights and Feminism in India 1800-1990</em>. New Delhi: Zubaan.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Postill, John (2009).
Thoughts on Anthropology and Social Media Activism.
<em>Media/Anthropology</em>,
<a href="http://johnpostill.wordpress.com/2009/11/14/thoughts-on-anthropology-and-social-media-activism/">http://johnpostill.wordpress.com/2009/11/14/thoughts-on-anthropology-and-social-media-activism/</a><a href="http://johnpostill.wordpress.com/2009/11/14/thoughts-on-anthropology-and-social-media-activism/">,
</a>last accessed on 15 January 2010.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Ray, Raka and Mary
Fainsod Katzenstein (2006). Introduction: In the Beginning, There Was
the Nehruvian State. In Raka Ray and Mary Fainsod Katzenstein
(eds.). <em>Social Movements in India: Poverty, Power, and Politics.</em>
New Delhi: Oxford University Press.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Telecom Regulatory
Authority of India (2009). The Indian Telecom Services Performance
Indicators, April-June 2009. Telecom Regulatory Authority of India,
New Delhi. <a href="http://www.trai.gov.in/">www.trai.gov.in</a><a href="http://www.trai.gov.in/">,
</a>last accessed on 15 January 2010.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Upadhya, Carol (2004). A
New Transnational Capitalist Class: Capital Flows, Business Networks
and Entrepreneurs in the Indian Software Industry. <em>Economic and
Political Weekly</em>, 39(48): 5141-5151.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY">Zubaan (2006). <em>Poster
Women: A Visual History of the Women's Movement in India</em>. New
Delhi: Zubaan.</p>
<p align="JUSTIFY"> </p>
<p align="JUSTIFY"> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/revolution-2.0/digiactivprop'>https://cis-india.org/raw/histories-of-the-internet/blogs/revolution-2.0/digiactivprop</a>
</p>
No publishernishanthistories of internet in IndiaSocial mediaDigital ActivismCyberspaceAccess to Medicineinternet and societyResearchCybercultures2011-08-02T09:25:30ZBlog EntryAt the end of the niche optical pirate
https://cis-india.org/a2k/blogs/at-the-end-of-the-niche-optical-pirate
<b>In this blog post, Siddharth Chaddha goes enquiring into the modus operandi of a video pirate / film lover / businessman in Bangalore's famed National Market.</b>
<h3><strong>Getting to the National Market</strong></h3>
<p>Wading through Majestic Bus Stand,
Flea Markets, Private Bus Stops and vehicles going around in circles,
you could almost miss this board outside one of the shopping plazas.
NATIONAL MARKET, the famed "pirate market" at the heart of
the city. Most of the business here is illegal and the local police
raid the thirty odd shops selling goods, which within the purview of
any multilateral agreement under WIPO or TRIPS regime would be an
infringement of copyright, at least once a
month. The shops run shutter to shutter, each one five by four feet.
Crowded with sellers and customers, all pirate markets typically
smell the same. Pirated DVDs, DVD players, Chinese mobile phones and
PDAs, even VHS players of the yore, smuggled MP3 music systems, fake
Ray-Bans and Police sunglasses, gaming consoles. You name it, and
National Market has it.</p>
<h3>Meet the Pirate</h3>
<p>Tall and sporting a stubble, Sooraj
(name changed) is a Malayali who has been in the trade for over 8
years. "Earlier, I used to have the best English Movie
collection ever. But now, its all going away. Most people have
shifted from DVD's to Digital Storage and Bit Torrents", says
Sooraj. A family comes across the counter. A middle aged man
accompanied by two women in a burqua, one of them carrying a young
baby boy in their hand. "Tom and Jerry!", says the man and
Sooraj's helper brings out a carton full of animated Hollywood films.
Finding Nemo, The Lion King, Madagascar, its all there. "No Tom
and Jerry. This doesn't have Tom and Jerry", growls the stout
customer. Sooraj jumps into the action, hunts out a DVD from a stack
and puts it on the table. "Tom and Jerry Tales - 13 episodes",
reads the the outside with a classic Tom chasing Jerry picture on the
cover. Satisfied, the family puts it aside and goes on to explore
other popular cartoon series. In the end, the man calls for
Maharathi, a recent Bollywood flick. He looks at the cover
intriguingly and I decide to butt in, "Amazing movie. Just saw
it last week. Great plot." The deal is seized and after a bout
of bargaining over the price. As the family dissolves into the market,
Sooraj turns back and says to me, "A lot of customers bargain. I
get a headache. And my shop is the first one in the market, inside
people operate on margins of 5-10 rupees. That just ruins everything
for us. They don't think of the amount of the risk involved."</p>
<h3>The Business of Piracy<strong><br /></strong></h3>
<p>Sooraj explains to me how Chennai is the biggest market of
the South. "Chennai is a sea. You will get everything there.
Once you take a dive in that ocean, it's all there." When I ask
him of the chain of distribution, he says, "No one will say that
I print the covers of fake DVDs or I copy prints. For me, I just
call my distributor and everything comes from Chennai. I don't ask
beyond that. The stock comes in the price range of 25-35-40 Rupees.
Now, there is only one quality of stock. The market is dying. No one
has good stock. Earlier, we used to sell DVDs for Rs.70-80. Now,
there is no demand. Even the wholesale business is at a low.'' I ask
him, "So what are you going to do, now that soon DVDs will be
gone?" Sooraj is not flustered. "We will shut this and start
a new business," he says. I quietly step back, as another
customer comes asking for audio CDs. He doesn't deal in those.</p>
<h3>Enforcement Threat<strong><br /></strong></h3>
<p>When the customer is gone, I ask him,
"How often does the police raid this market?" He smiles and
replies, "Not often anymore. The business is almost dead. But
yes, they come sometimes. Then you are taken away and a case ensues."
I decide to ask him candidly, "How many times have you been
booked?" He smiles again. "5-7 times. I have a few cases
pending, dates that I have to go and visit the court. They arrest you
for a day but that's all they can do. After all this is not a big
crime." He continues dealing with customers who have various
demands for music and films. Some he sells to, he guides others to
the inside shops. "I sell about a 1000 DVDs everyday. Earlier,
the figure used to be much higher. Mostly English. Hindi, Tamil and
Telugu too. No Kannada," he volunteers. I probe further, "Why
no Kannada?" He says that that he supports protection for their
own industry. "And the market price for Kannada films is
appropriate. Some are Rupees 60, 90, 110. That's reasonable. We do not
need to pirate it."</p>
I ask him for Tamil titles. He asked if
I wanted <em>Ghajani</em>. “I saw it when it released. Give me something
that's worth watching.” He picks out two. <em>Saroja</em> and <em>Subramaniya
Puram</em>. He doesn't make a profit in this deal but something tells me
that he is happy to spread the love of good films. "Can I click
a picture?" He refuses, saying it would not be a good idea. I
shake his hand. Until next time.
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/at-the-end-of-the-niche-optical-pirate'>https://cis-india.org/a2k/blogs/at-the-end-of-the-niche-optical-pirate</a>
</p>
No publishersiddharthIT ActConsumer RightsPiracyIntellectual Property Rightsinternet and society2011-08-04T04:44:58ZBlog EntryIT and the cITy
https://cis-india.org/research/grants/the-promise-of-invisibility-technology-and-the-city/itcity
<b>Nishant Shah tells ten stories of relationship between Internet Technologies and the City, drawing from his experiences of seven months in Shanghai. In this introduction to the city, he charts out first experiences of the physical spaces of Shanghai and how they reflect the IT ambitions and imaginations of the city. He takes us through the dizzying spaces of Shanghai to see how the architecture and the buildings of the city do not only house the ICT infrastructure but also embody it in their unfolding. In drawing the seductive nature of embodied technology in the physical experience of Shanghai, he also points out why certain questions about the rise of internet technologies and the reconfiguration of the Shanghai-Pudong area have never been asked. In this first post, he explains his methdologies that inform the framework which will produce the ten stories of technology and Shanghai, and how this new IT City, delivers its promise of invisibility.</b>
<p></p>
<p style="text-align: justify;">Shanghai. City of bits, bytes and
Baozi. China’s home-grown success story that eclipses the colonial legends of
HongKong. The city that was, until the Bejing Olympics, the showcase city which
is now working hard at recovering some of its stolen glory as it prepares for
the World Trade Expo in 2010. A city that is constantly at war with itself,
trying to museumise its past, eradicate pockets of history and times, and
running to escape its present and live in a futuristic tomorrow. A city that
broke the distinctions of the public and the private, by privatising all that
was public, and by encouraging the private to be constructed for a public
spectacle. There are many stories of Shanghai to be told, but the one that
needs to be told now, is about the space of the city and how, in its attempt to
become an IT city, it has become a city of surfaces, all reminding you, in an
overwhelming hypervisual way that is the predominant aesthetic of cyberspaces,
that it is the city that not only houses technology but also embodies it,
becoming, possibly, the only city in Asia that brings the IT back into the
City.</p>
<img src="https://cis-india.org/home-images/shanghai/image_preview" alt="Aerial view" class="image-left" title="Aerial view" />
<p style="text-align: justify;"> </p>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;">A cursory glance around you,
perhaps travelling in the uber efficient metro system that feeds into the
mobile metaphor of accelerated speed and space that Shanghai has become, or
just walking down the more touristy XinTianDi where the rich and the famous of
Shanghai’s society hang out, or walking down the HuaiHai Road where
sky-scrapers fortress the sky and shopping malls greet you with neon-lit spaces
of consumption, you are overwhelmed at the significant and ubiquitous presence
of internet technologies. The buildings are designed to be interfaces, rather
than walls, covered constantly with the graffiti of digital advertisements,
live weather and stock updates, displaying the latest block-buster movie, or
just presenting a kaleidoscopic array of lights spiralling in a dizzying,
schizophrenic style on the surfaces of the buildings. As you walk through the
sci-fi inspired urban landscape, you try and suppress the feeling of being
inside a giant-size arcade game, waiting for a gobbling monster to come and
devour you, and continue browsing at the city that never remains the same –
either the surfaces mutate so that not even signboards or billboards remain the
same, or the very buildings disappear into rubble under the shadows of gigantic
cranes, as a concentrated demand for real estate necessitates a constant
recycling of limited space (The estimate says that 60 per cent of Shanghai gets
rebuilt every ten years), or high speed transport dissolves the city into a
blur so that only the biggest and the brightest buildings stay as north-stars
to the fluid geography of the city.</p>
<p style="text-align: justify;">If you happen to stand on the
magnificent Bund in PuXi (The older Shanghai), you keep on looking down at the
ground beneath your feet, making sure that it is still there, because the
slightly lurid but dazzling sky-line that faces you, with huge LCD screens
mounted on buildings, lights flirting with low lying clouds on the top of
gigantic buildings, and a constant buzz of electricity breaking the waves in
the Huangpu river, you know that you are in a city that gives IT its address.
No other city in Asia – not even the almost-not-Asia spaces of Tokyo or
Singapore – gives you the assurance of being completely and totally immersed in
the glory of Internet technologies. Shanghai stands, networked, connected,
mobile, accelerated, and in a time-less vacuum that hoovers the future into the
present, as a city that technology studies will have to reckon with in a
paradigm of its own.</p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/Bund/image_preview" alt="Shanghai Bund" class="image-right" title="Shanghai Bund" /></p>
<p style="text-align: justify;">And so strong is this seduction
of technology that conversations about technology and its place in Shanghai,
always revolves around the surface – about the building of the surface, about
the dissolution of depth (temporal or spatial),
and about imagining the city only in terms of light, connectivity, and
speed. So that the historicity in PuXi
becomes a flat display of the Chinese Way (Zhongguo Fangshi) and the
work-in-progress present in PuDong remains a quest for the future. In this split discourse, the questions and concerns - about governance, about citizenship, about regulation, about cultural production and political negotiation - become invisible. Like the buildings, which get guised in digital cloaks, the questions that pressingly need to be asked but are always postponed, also get cloaked in the rhetoric of development propelled by ICTs and globalisation. In a city that was constructed to eternally deflect attention, ownership or voices, how does one begin to scratch at the surfaces (Literally and figuratively) to search for something more than narratives of consumption, solipsist self-gratification, and self-congratulatory development?</p>
<p style="text-align: justify;">It is with this agenda, in this city, torn and
marked and seamlessly stitched by technology, that I start to unravel my
questions about Internet and Society in China, trying to look at relationships
between technologies, city spaces and identities, drawing from seven months spent
at the Centre for Contemporary Studies at the Shanghai University. These stories, written with retrospective memory and embellished by the privilege of
hindsight, posit a set of questions about Internet technologies, construction
of city spaces, and manifestation of identities in China, but especially in
Shanghai, to locate potentials of social transformation, political
participation, engagement and discourse, which has not been transplanted on
technology studies in China. In the process it also lays down a framework to
understand how, in an oppressive or authoritarian regime, the cultural becomes
the grounds upon which foundations of new political intervention and social
change can be built.</p>
<p style="text-align: justify;">This blog, in its ten different
entries, relies on academic and popular discourse, semi-structured interviews,
participant observation, field work, conversations, and personal experiences that
I collected in my stay there, trying to deal with the double translations of
culture and language. Whenever I have been unsure – and those moments have been
many – I have tried to discuss and debate ideas with colleagues, friends, peers
and participants, to ensure that the observations or arguments are qualified by
more than just a neo-colonial meaning making sensibilities. Despite that rigour, if faults remain, they
are all mine, and hopefully will serve as points of entry into a fruitful
discourse.</p>
<p>
For more details visit <a href='https://cis-india.org/research/grants/the-promise-of-invisibility-technology-and-the-city/itcity'>https://cis-india.org/research/grants/the-promise-of-invisibility-technology-and-the-city/itcity</a>
</p>
No publishernishantCyberspaceinternet and societyShanghaiICT4DDigital NativesCyberculturesDigital subjectivitiesIT Cities2009-09-18T10:45:27ZBlog EntryEmerging Bit Torrent Trends in India
https://cis-india.org/a2k/blogs/emerging-bit-torrrent-trends-in-india
<b>Internet has been a revelation ever since its introduction. The writer in this blog examines how the progress made by Internet based technologies could never be reversed.</b>
<h2>From Kazaa to The Pirate Bay</h2>
<p>Little did the world of the VHS era realize in its time where the future of pirate technologies were heading to. The world's favourite music and films were quickly transferred onto optical discs as magnetic tapes went obsolete a few years before the end of the last century. Internet was soon to become the nemesis of discs, which were bulky to store and scratched easily. The first tryst with peer to peer technologies on networks sent shivers down the spine of Jack Valenti and the Motion Pictures Association of America. The speed of dissemination and distribution of content over the Internet was something the world had never seen before. The lawsuits against peer to peer networks such as Kaaza and Limewire ran into millions of dollars. Websites were shut down, but time and progress of technology could never be reversed. BitTorrent soon became the most common protocol to transfer content over the Internet. BitTorrent metafiles themselves do not store copyrighted data. Hence, BitTorrent itself is not illegal. However, its use to make copies of copyrighted material that contravenes laws in many countries has created many controversies, including the now famous Pirate Bay Trial in Sweden. The popularity of torrents though
is not specific to the Western world. The strength of the Internet lies in its ability to generate content from any corner of the world
which is then spread across the world through a web of distribution reaching many computers and granting them access to the content simultaneously.<strong><br /></strong></p>
<h2><strong>Desi content on Torrent Networks</strong></h2>
<p><strong>Desi : A term derived from Sanskrit, meaning region, province or country. It now refers to the people and culture of South Asian Diaspora.</strong></p>
<p><strong>On the most popular BitTorrent search engines, <a href="http://torrentz.com/" target="_blank">torrentz.com</a>, Hindi and Hindi movies are permanent search tags. Often, one would even see the names of popular Bollywood releases such as Dev D, or at the time of writing this blog entry, Telegu Films, prominently displayed on the site. Bollywood and other content created in India and the rest of the subcontinent is driving the cyberspace. With a huge diaspora spread across every part of the world and increasing Internet penetration alongside rising broadband speeds in urban India, the demand for desi content on torrent networks is on the rise. Websites such as <a href="http://desitorrents.com/" target="_blank">desitorrents.com</a> and <a href="http://dctorrent.com/" target="_blank">dctorrent.com</a> are two torrent search engines that are popular amongst Internet users and cater exclusively to desi content. A closer look at the content on these sites reveal that the most popular content on these torrent networks are television shows, cricket matches, Bollywood movies, music and regional cinema. Torrent scenes such as aXXo are not unique to Hollywood uploads alone. Desi content has its own torrent scenes, responsible for uploading torrent trackers, as soon as the content is out in the public. Users identifying themselves as Jay, Captain Jack or Gunga Din are busy uploading these files on the desi networks.
</strong></p>
<p><strong>Online since January 2004 and an Internet traffic rank of 7,302, an average visitor spends 8.3 minutes on the Desi Torrents site everyday. Relative to the general Internet population, the website has the highest number of male visitors in the age group of 18 to 34.<br /></strong></p>
<p><strong>Most users are college graduates who prefer to access the website from home. In comparison, Desi Club Torrents, which is a free website has
a younger representative web demographic with males between 18 to 24 years of age being the most prominent visitors. According to the
data, it is also revealed that the website has a higher ratio of visitors who have not attended Graduate School but still have attended some college for education</strong></p>
<h2><strong>Impact on the Traditional Markets</strong></h2>
<strong>
</strong>
<p><strong>In most cases, the popularity of Bollywood films in cinema halls and
on torrent sites seems to be linked. For example, the most successful
Bollywood film of 2008, Ghajini, which ended up raking Rs. 200 crores
on the box office, is also one of the most downloaded films on Bit
Torrent Networks. However, for the Pirate selling DVD's of latest
films, this is not great news. A majority of their customers have migrated to
downloading films on the Internet using Peer to Peer technologies.
The upper middle-class niche film watching audiences, have been the
fastest to acquire computers and get on the Internet. Increasing
broadband speeds have ensured that this segment of consumer
transitions away from the traditional 'on the corner' pirate shop. </strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/emerging-bit-torrrent-trends-in-india'>https://cis-india.org/a2k/blogs/emerging-bit-torrrent-trends-in-india</a>
</p>
No publishersiddharthCyberspaceinternet and societyPiracyIntellectual Property Rightscyberculturescyberspaces2011-08-04T04:44:48ZBlog EntryOf my struggle with a Broadband Connection
https://cis-india.org/a2k/blogs/of-my-struggle-with-a-broadband-connection
<b>This is a reflection on my experiences with installing a broadband Internet connection at home.
The closing post of an interview is delayed since Jamie and Peter are traveling.
</b>
<p align="left">While you read this article, it is
likely that I am sitting at my home/workspace, relishing a Kirostami
film, cooking, cleaning, reading, or maybe out in the market. All but
surfing the cloud. Until last year, Weather and Broadband Internet
were the two best things about living in Bangalore. Especially the
later. A stable fast always on Internet connection is what many of my
friends in Mumbai, Delhi and Chennai wish for on Christmas. When I
first applied for a 384 Kbps Connection with Airtel in my Aga
Abdullah Street house in Richmond Town, Airtel became my Santa and
obliged. The engineers came the same day and changed my life. The
world of Cinema came begging to my feet with Bit Torrent technology.
Streaming became an everyday affair on Internet that was the best I
had ever had. In my bliss of downloading bytes upon bytes, I forgot
the lesson that experienced souls like Lord Krishna in Gita and
Gautam Buddha tell: Nothing in the world is Permanent.</p>
<p>
It was at the end of March that I
called up Airtel and requested for my connection to be transferred to
8<sup>th</sup> Main Road on Vasant Nagar. Assured with a time frame
of 10 days, I waited patiently. After two weeks of waiting, I was
inclined to call and see when I would get my internet bliss back. The
process was delayed and at the end of the week, I was informed that
due to a fault in their line, they could not provide me with a new
connection. Furious, I called up TATA and asked their people to fit
their 512 Kbps Wimax technology in my house. The installation charges
were to be waived off if I payed for 4 months in advance. I agreed
and the Internet was back. It did not take me long to realize that
the new TATA Wimax connection was anywhere close to my old Airtel
Broadband. Every couple of hours I would be disconnected from the
network when I would have to call the customer care and reset my
account. Alas, I had paid for 4 months in advance and this would have
to be a long wait. Soon enough, I found myself proficient enough to
log into the Tata Indicom server and solve the problem myself. In the
meanwhile, an engineer from Airtel called me to check if I still
needed to old connection and I asked him to wait for a couple of
months. To cut down my ordeal, I decided to upgrade my connection for
a Night booster plan, which would mean a full 1 Mbps speed at night.
A little too much to expect as things barely boosted on any of the
nights that followed. At the end of the third month, I requested them
to disconnect the connection, and pledged never to go back to them
again.</p>
<p align="left">As I once more, cheerfully walked
inside the Airtel office at Cunningham Road, my dream Internet
connection flashed in front of my eyes. I played out the procedure of
the next couple of hours in front of my eyes, expecting the engineers
to be home, creating a mess while drilling wires. And when it is all
done, I would go back and spend the night catching up with all the
episodes of my favorite shows that I had missed over the past 3
months. The executive informed me that this would take a little
longer than expected, 3 days on the max! I looked up for more
patience within myself and went back home. The paper work was
completed the next day and the payment of Rs. 2000 was made. A week
later, I was still waiting for the engineers to come. Expectantly, I
would call the local executive who would promise to be at my service
in a couple of hours and not turn up. The game went for a couple of
days before he finally turned up. In the next 20 minutes of him
jumping on the terrace, exploring the outside of the house, he came
to break the news to me. “Sorry Sir, we cannot put a connection
here. There is a fault in the line coming this side and it will take
at least a month to fix it.” I was almost in tears. His words broke
my heart and all he could do to console me was promise a refund in 3
days. The cheque came a couple of weeks later. And I still call him
to check every three days, if the fault has been repaired and I can
get my dream Internet back!</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/of-my-struggle-with-a-broadband-connection'>https://cis-india.org/a2k/blogs/of-my-struggle-with-a-broadband-connection</a>
</p>
No publishersiddharthConsumer RightsIT Citiesinternet and society2011-08-04T04:44:37ZBlog EntryPleasure and Pornography: Impassioned Objects
https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/impassioned-objects-unraveling-the-history-of-fetish
<b>In this post, a third in the series documenting her CIS-RAW project, Pleasure and Pornography, Namita Malhotra explores the idea of fetish as examined by Anne McClintock (i) . This detour is an exploration of the notion of fetish, its histories and meanings, and how it might relate to the story of Indian porn. </b>
<p><br />The etymology of fetish derives from the word fetico (Portuguese) which means sorcery or magic arts. In 1760, it was used to refer to primitive religions, especially in relation to the growing project of imperialism. In 1867, Marx coined the term commodity fetishism – using the implied meaning of primitive magic to express the central social form of modern industrial economy, whereby the social relation between people metamorphoses into the relation between things. It was only after this, in 1905, that Freud transferred the word, with all these meanings still clinging to it, to the realm of sexuality and perversions. As Anne McClintock points out, in her useful account and re-understanding of the fetish in the book <em>Imperial Leather</em> (ii), psychoanalysis, philosophy, and Marxism all take shape around the invention of the primitive fetish, which conveniently displaces what the modern mind cannot accommodate onto the invented domain of the primitive. She states that the not-so-concealed rationale of imperialism is fetishism. Fetishists (racial, sexual and other) became a mode of warranting and justifying conquest and control -- whether it was the policing of sexual fetishism for control of classes in Europe and colonies, or the invention of racial fetishism central to the regime of imposing sexual surveillance in the colonies.<strong> The imperial discourse on fetishism became a discipline of containment</strong> (iii) .</p>
<p>On the other hand in the realm of sexuality, fetish becomes a question of male sexuality alone -- male perversion par excellence. There are no female fetishists, either for Freud or Lacan, for to speak of female fetishism would involve displacing the basic precepts of psychoanalysis -- namely the scene of castration leading to phallic fetishism. However, McClintock points to the usefulness of studying female fetishism, as it allows for certain things to happen. First, it dislodges the centrality of the phallus in this discourse, which surprisingly makes way for the presence and legitimacy of a multiplicity of pleasures, needs, and contradictions that can’t be resolved or reduced merely to the desire to preserve the phallus. Very often, feminists such as McClintock read the Lacanian insistence on the centrality of the phallus as itself a fetishistic nostalgia for a single, male myth of origins and fetishistic disavowal of difference. Such a notion of fetish, embedded in phallic theory, gets easily reduced to sexual difference and does not allow/admit race or class as crucially formative categories as well; thus, race and class remain continuously of secondary status in the primarily sexually signifying chain.</p>
<p>“The racist fetishizing of white skin, black fetishizing gold chains, the fetishizing of black dominatraces, lesbians, cross dressing as men the fetishizing of national flags, slave fetishism, class cross-dressing, fetishes such as nipple clips and bras in male transvestism, leather bondage, PVC fetishism, babyism and so on -- these myriad different deployments of fetishistic ambiguity cannot be categorized under a single mark of desire, without great loss of theoretical subtlety and historical complexity.” Also McClintock points to racist, nationalistic and patriotic fetishes -- such as flags, crowns, maps, swastikas (or for instance chaddis) -- that can’t be simply rendered equivalent to the disavowal of male castration anxiety. <br /><br />McClintock calls for a renewed investigation of fetishism -- to open it up to a more complex and valuable history in which racial and class hierarchies would play as formative a role as sexuality. Rejecting the Lacanian and Freudian fixation on the phallus as central to psychoanalysis would call for a mutually transforming investigation into the disavowed relations of psychoanalysis and social history. In a way, it would be the bringing together of the varied ways in which fetish has been used -- by Freud (in the domain of psychoanalysis) in the realm of domesticity and the private, and by Marx (in the domain of male socio-economic history) in the realm of the market and possibly in the public. If these meanings were to speak to each other, what we discover is that fetish is in fact the historical enactment of ambiguity itself.</p>
<p>Fetishism involves the displacement onto an object of contradictions that the individual cannot resolve at a personal level. These contradictions could indeed be social, though lived with profound intensity in the imagination and flesh of the person. The fetish -- rather than being a merely an insignificant sexual or personal practice -- inhabits both personal and historical memory. It marks a crisis in social meaning -- the embodiment of an impossible resolution. This crisis/contradiction is displaced onto and embodied in the fetish object, which is thus destined to recur in compulsive ways. By displacing this power onto the fetish, then manipulating or controlling the fetish, the individual gains symbolic control over what might otherwise be terrifying ambiguities.</p>
<p>The fetish then can be called an impassioned object; something that emerges from a variety of social contradictions, rather than merely from the scene of castration or phallic centric domains. Hence they are neither universal, nor are they entirely about personal histories alone, but are about personal and historical memory or a social contradiction that is experienced at an intensely personal level. “As composite symbolic objects, fetishes thus embody the traumatic coincidence not only of individual but also of historical memories held in contradiction” (McClintock). This reading of fetishism gives rise to far richer possibilities of cultural analysis.</p>
<p>Fetish was neither proper to African or Christian European culture, but sprang into being from an abrupt encounter between two heterogeneous worlds during an era of mercantile capitalism and slavery. At this point it clearly embodies the problem of contradictory social value -- whether it is gold as valuable, or gold as warding off bad luck. Though initially just about heathen customs and rituals, it later also becomes a marking of certain groups of people for conquest. It is from this context that Freud transports the word, laden with meanings of conquest and violence, to the realm of sexuality. Obviously these meanings stain future connotations of fetish, the word fetish itself becoming prey to contradictory meanings of race and sex and difference.</p>
<p>For Freud, the fetish is the embodiment in one object of two positions -- castration and its denial. Though this does capture some sense of the ambiguity that McClintock also refers to, here the meanings oscillate between two, and only two, fixed options (a recurring male economy). The fetish becomes both a permanent memorial to the horror of castration, embodied not in the male but in the female -- as well as a token of triumph, and safeguard against the threat of castration. This has, of course, been critiqued by feminists quite severely. McClintock’s basic argument is that it is indeed hard, considering the varied nature of fetish objects, to find a single originary explanation in the psychic development of the individual -- in a single originary trauma. What is important here, however is to take on this notion of the fetish as an historical enactment of ambiguity itself, and see if as a theoretical concept it has any value to the study of the loose category of Indian porn, especially MMS porn. <br /><br /><strong>Soap in these strange days: fetish objects</strong><br /><br /><em>“Such spectacle creates the promise of a rich sight: not the sight of particular fetishized objects, but sight itself as richness, as the grounds for extensive experience.”<br />Dana Polan (iv)</em><br /><br />Anne McClintock’s work on fetish also looks at the seemingly ubiquitous object of soap as the carrier of many ambiguous meanings around gender, class, imperialism -- both the cult of domesticity (the running of the empire of home with servants, sweepers, cleaners, women, maids etc.) and the cult of new imperialism found in soap in its exemplary mediating form. The story of soap, for McClintock, reveals that fetishism rather than a quintessentially African propensity (belonging in the realm of lands and peoples that were being discovered through imperialism) was in fact central to industrial modernity; fetishism was not original either to industrial capitalism or precolonial economies, but was from the outset the embodiment and record of an incongruous and violent encounter (between two or more heterogenous cultures) and about rapid changes of modernity, rather than about the ‘primitive’. <br /><br />Marx says that the mystique of the commodity fetish lies not in its use value, but in its exchange value and its potency as a sign: “So far as (a commodity) is a value in use, there is nothing mysterious about it”. This could be linked to the idea of a mobile phone that is supposed to achieve so much beyond mere communication, at least according to the advertising -- they should mend ruptured relations and homes, get all the hot chicks, grow beautiful gardens, change the boring routine of life. For some time, the Samsung mobile phone ad with Estella Warren played in India, which probably moves the mobile phone with camera out of merely its symbolic use as enhancing attractiveness, to actually ‘getting’ or rather capturing girls by clicking. Magically in the ad, the act of clicking photographs make the girl not just willing, but she also takes the phone and photographs herself. Barring one scary moment when it looks like she might turn into an avenging warrior like Xena or The Bride, but instead she simpers into a loving sexy pose, she is willing. The ad can’t be easily dismissed as misogynistic, but it does give an intriguing glimpse of the intimate pictures and moments that can be captured with a mobile phone. <br /><br />That a mobile phone is fetishized as a commodity is probably evident, from the rush to get the more enhanced phone with the better camera and features, though mobile phones are also a ubiquitous element of one’s life, in some ways exactly like soap. Probably in a country like India, having a mobile phone can be read as opening up sexual possibilities in a way that wouldn’t be obvious in a more developed country. If the fetish is a social contradiction that is experienced at an intensely personal level, then the mobile phone, especially after the DPS MMS clip, is precariously located between the zones of the private and personal, and that which is entirely in the public domain beyond any control of the person(s). This ability of the mobile phone to occupy simultaneous universes because of its interconnectedness in a network, and that it is (for most people now) an entirely personal object with messages, numbers, conversations, images, videos, is what makes it unpredictable. <br /><br /><strong>Looking at MMS porn</strong><br /><em>“Memories were meant to fade. They were built that way for a reason”<br />Mace, Strange Days</em><br /><br />When looking at MMS porn, I’m irresistibly reminded of the movie <em>Strange Days</em>, in which Angela Basset’s character Mace expresses her frustration with Lenny (played by Ralph Fiennes). Lenny is obsessed with preserving memory and accessing other people’s experiences, through what in the movie are called playbacks. Playbacks are recordings of events in the brain that were fed back into brain waves to reproduce the earlier event -- the feelings, the sensations of touch, the smells and not just the visual. Playbacks haven’t been invented yet, but the obsessiveness with which Lenny wheels and deals (he’s also a dealer and collector of playbacks) gives a peculiar insight into how mobile phones are becoming fetish objects of sorts -- particularly MMSs recorded on mobile phones where other people are able to occupy the space of an unknown character that conveniently rarely ever appears on the screen. The famous pornographic ones are the DPS MMS clip and other MMS scandals, including the hidden voyeuristic ones taken without permission, and a precursor of this is Mysore Mallige where the man appears rarely on the screen and only at the end, almost like a signature. In a peculiar way MMS porn becomes like playback from Strange Days, a movie that is attempting to unravel the unknown future mired in technological changes that are messily intertwined with human desire and frailty. A future (set on the date of turning the millennium) that we’ve hopelessly gone past without even asking many of the questions that the characters in the movie pose.<br /><br />Indian websites advertise MMS scandals as a specific category of pornography. This category also includes genuine MMS clips of celebrities kissing (Kareena Kapoor), wardrobe malfunctions from Fashion Week, and also fake ones with celebrity look-alikes bathing, changing, having sex (Preity Zinta, Mallika Sherawat). Mostly what is being talked about are videos made on mobile phones by men, who record themselves having sex with ‘gullible’ women. The alleged gullibility of these women is probably essential to the erotic charge of such videos. They are shaky videos, especially when sex is underway, and have a grainy quality that makes them eerily real. Their perspective is usually that of the man who is holding the phone camera and rarely enters the frame himself, whereas the woman is definitely the desirable object that is being captured. Maybe this phenomenon can be understood better if one looks at McClintock’s idea of fetish and whether MMS/images on mobile phones can be located within that category -- whether the ambiguous nature of the video or image recorded on the mobile phone and its ability to be an intensely personal and private object and also to be so easily transmitted into networks signifies a crisis in social meanings around private and public. The mobile phone then merely becomes an object onto which this anxiety is displaced, and the recording of images repeatedly (and anxieties and fears triggered when they accidentally slip into the public domain) are ways of trying to control terrifying ambiguities over the private and the public (where aspects of sexuality, family and selfhood could be calamitously disrupted by a slip between the two categories). (v)<br /><br />In a strange way this is a parable for a larger phenomenon of pornographic circulation and the law, as well. The mass circulation of pornography is perceived as a private secret that is kept by all, and whenever there is slip between the two categories, the law and public discourse are barely able to deal with the furore of anxieties. And if not, then the law and public discourse proceed to deal with the banal unbuttoning of Akshay Kumar’s jeans by his wife as obscenity in courtrooms, as if we hadn’t all imagined an MMS that allowed us to be doing the same. <br /><br /> i. Anne Mcclintok’s work on sadomasochism illuminates some of the arguments that I make in relation to sexual subjectivity and the state’s interests and desires in policing it. (unpublished article for book on queer issues and the law). Her work borrows from notions developed by Foucault. “Sadomasochism plays social power backwards, visibly and outrageously staging hierarchy, difference and power, the irrational, ecstasy or alienation of the body, placing these ideas at the centre of western reason.” The analysis of sexual subjectivity and State’s interest in it also looks at the judgment on sadomasochism by the House of Lords, England that declares such activities that cause severe injuries and maim the body, as illegal, regardless of consent of parties. <br />ii. Anne Mcclintok, Imperial Leather: Race, gender and sexuality in the colonial contest, Routledge, 1995.<br />iii. Ibid<br />iv. Cited from Laura Mulvey, Some Thoughts on Theories of Fetishism in the Context of Contemporary Culture, October, Vol. 65 (Summer, 1993), pp. 3-20. </p>
<p>v. As in the story of Chanda in Dev.d loosely inspired from the DPS MMS clip incident<br /><img src="https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/uploads/kalkichanda.jpg/image_preview" alt="Chanda from Dev.d" class="image-inline image-inline" title="Chanda from Dev.d" /><br /><br /><br /></p>
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For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/impassioned-objects-unraveling-the-history-of-fetish'>https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/impassioned-objects-unraveling-the-history-of-fetish</a>
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No publishernamitahistories of internet in IndiaCyberspaceinternet and societyObscenitywomen and internetYouTubeCyborgsCyberculturesDigital subjectivities2011-08-02T08:35:20ZBlog EntryPleasure and Pornography: Pornography and the Blindfolded Gaze of the Law
https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography
<b>In the legal discourse, pornography as a category is absent, except as an aggravated form of obscenity. Does this missing descriptive category assist in the rampant circulation of pornography, either online or offline? Rather than ask that question, Namita Malhotra, in this second post documenting her CIS-RAW project, explores certain judgments that indeed deal with pornographic texts and uncovers the squeamishness that ensures that pornography as an object keeps disappearing before the law.
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<p><strong>When Justicia, blindfolded, cannot see the profane …</strong><br /><br />In the legal discourse, pornography as a category is absent, except as an aggravated form of obscenity (1). Does this missing descriptive category assist in the rampant circulation of pornography, either online or offline? Rather than ask that question, I would like to explore certain judgments that indeed deal with pornographic texts and uncover the squeamishness that ensures that pornography as an object keeps disappearing before the law.</p>
<p>For instance, in the case of Fatima Riswana V. Chennai & Ors. (2) both the public prosecutor and counsel for the petitioners applied to the court for transfer to another (male) judge, to save the District Lady Judge from embarrassment. The order for transfer was passed, so that the District Lady Judge does not have to view certain CDs that are part of the evidence. The justification for this is that the 'said trial would be about the exploitation of women and their use in sexual escapades by the accused, and the evidence in the case is in the form of CDs, viewing of which would be necessary in the course of the trial; therefore, for a woman Presiding Officer it would cause embarrassment'.</p>
<p>This is a rather obvious case, where explicit and pornographic material is made to disappear before the eyes of the law, gesturing towards the larger complicity that allows society and law to create a ruckus about Richard Gere and Shilpa Shetty’s kiss, HBO's English movie channel, dance bars and other such aspects of the sleazy modernity that we inhabit (3), but simultaneously is oblivious to circulation of pornography, both online and offline.</p>
<p>In a rather confrontational visual juxtaposition, I place Savita Bhabhi alongside Husain’s Mother India, to be able to ask several questions, including the question of which one’s existence has been more threatened by the law. There is almost no doubt about it; Savita Bhabhi’s chequered career as a slutty housewife has been marred only by two scandals (and several almost patriotic accounts of India having finally arrived (4)) – once when a child sent an MMS about his teacher and it made references to Savita Bhabi, which led to some mention of action that might be taken against the website (5), and another time when Karan Johar (Mid Day, Delhi – 31 March 2009) remarked that one of the characters, Jeet, has a look similar to that given to Amitabh Bachchan in 'Kabhi Alvida Naa Kehna', and this might be a case of copyright infringement. Neither of these have resulted in any serious charge against the alleged anonymous producers, Indian Porn Empire, or what is more probable, the blocking of the website regardless of whether the producers/creators can be found and prosecuted. However Husain’s untitled painting, which surfaced on a website for an auction for victims of a Kashmir earthquake in 2006 (two years after it was first sold by the painter), was dragged to court on serious charges of obscenity, which fortunately led to a rather progressive judgment on obscenity by the Delhi High Court.</p>
<p>Returning to the two images of nude women, obscenity law in India has laid down that “nudity in art and literature is not per se evidence of obscenity”. As stated in the judgment that dealt with the circulation of Hussain’s untitled painting (later titled 'Bharat Mata') 'the work as a whole must be considered, the obscene matter must be considered by itself and separately to find out whether it is so gross and its obscenity so decided that it is likely to deprave and corrupt those whose minds are open to influences of this sort'. What renders an object obscene is the transaction rather than the text -- a transaction involving the depiction-consumption of the female body , and the sexualisation of the viewer who in turn sexualises the object. It is not just that the painting/image may already be sexualized but also that the public is in turn sexualised by looking at it (and sexualises it with its
gaze), thus making them vulnerable to the perversion that is modernity
itself and the pornographic gaze (Nitya Vasudevan and Namita A. Malhotra, State of Desire - Unpublished article). To put it simply, the anxiety of the state is not just about the object, but also about its circulation in the public, and the meanings it acquires through these series of transactions.</p>
<p>Legal and public discourse is often obsessed with the various meanings that become possible because of the placing of this naked body - or the transactions of this naked body with the context, background, narrative that it is placed in. Though seemingly sexualised already as a naked body (this can be refuted not only by the Indian court but various examples in art, religious architecture, etc.) the meanings it may carry are further complicated when it is placed in a pornographic comic online, bearing a crown and saying 'I will be Miss India', or as a faceless hazy outline in the foreground of the map of India. Hussain’s depiction of the naked woman on the map of India, embodying India (in pain or anger) carries many jostling, conflicting meanings. Inspite of the furore over the painting, the High Court finally held that the painting was not obscene, stating that the intention of the painter was to evoke sympathy for a woman – indeed a nation – in distress (6) . However what is intriguing, is that Savita Bhabi’s body, her markings of Indian-ness, her poses and postures are not examined to that extent either by the court or the public.</p>
<p>Pornography, as obscenity in its aggravated form or explicit depiction of sexual acts without a relevant or coherent narrative, has been dropped from both legal discourse and academic and cultural analysis--is it possible to surmise that this has happened because it can be read as a blank slate, a place where meanings cannot be read, felt or inferred? Pornographic movies are spliced into mainstream films, circulate
surreptitiously through video stores, piracy markets or though online
spaces that cannot be easily accessed because of regulations and
filters in most places –- colleges, homes, schools, offices, cybercafes
(7) etc. Can we surmise that the transaction of the sexualized gaze with the obscene object has been, in this way, so removed from public gaze that it does not merit discomfort and anxiety for the state or public, unless it nefariously slips into public discourse (DPS MMS, Noida MMS, Mysore Mallige)? As long as it is a secretive (even if mass) consumption, it does not disturb the heternormative familiar and familial in the manner that an object whose obscenity is not quite obvious or clear does – for example, HBO's English movie channel (8).</p>
<p>In this context, let us look at an excerpt from the progressive judgment on Hussain’s painting, which demonstrates the extent to which the court has to read the meanings of an image to determine whether it is obscene or not, but simultaneously, by not ever having to interact with a pornographic text, the court (or the public) does not have to see that there are many meanings embedded in such an image as well.</p>
<p><em>'One of the tests in relation to judging nude/semi nude pictures of women as obscene is also <strong>a particular posture or pose or the surrounding circumstances</strong> which may render it to be obscene, but in the present painting, apart from what is already stated above, the <strong>contours of the woman’s body represent nothing more than the boundaries/map of India.</strong><br /></em></p>
<p><em>Even if a different view had to be taken that if the painter wanted to depict India in human form, it may have been<strong> more appropriate to cloth the woman in some manner may be by draping a sari </strong>or by a flowing cloth etc., but that alone cannot be made a ground to prosecute the painter.</em> <em>There can be a numbers of postures or poses that one can think of which can really stimulate a man’s deepest hidden passions and desires. To my mind, art should not be seen in isolation without going into its onomatopoetic meaning and it is here I quote Mr. Justice Stewart of the US Supreme Court in Jacobellis v. Ohio 378 U.S. 184 (1964) who defined ‘obscenity’ as, “I will know it when I see it”. The nude woman in the impugned painting is not shown in any peculiar kind of a pose or posture nor are her surroundings so painted which may arouse sexual feelings or that of lust in the minds of the deviants in order to call it obscene. The </em><em><strong>placement of the Ashoka Chakra</strong> or the States in the painting
is also not on any particular body part of the woman which may be
deemed to show disrespect to the Ashoka Chakra/States and the same was
conceded by the learned counsel for the respondent during the course of
the arguments advanced. </em></p>
<p><em>It is possible that some persons may hold a more orthodox or conservative view on the depiction of Bharat Mata as nude in the painting but that itself would not suffice to give rise to a criminal prosecution of a person like the petitioner who may have more liberal thoughts in respect of mode and manner of depiction of Bharat Mata.' </em>(9)</p>
<p>A body that doesn’t carry inscriptions of cities on different body parts, but is definitely inscribed as Indian is that of Savita Bhabi – from the mangalsutra that never comes off even during doggy-style sex, the sari that slips off rather easily, the bindi, the gestures and mannerisms, to the stories that place her in sexual encounters with familiar people – the bra salesman, the old boyfriend, the cousin, the doctor, the woman colleague, the boss, the aging star and many others.</p>
<p>Savita Bhabhi thus carries as many confusing, jostling meanings as a pornographic text. For instance, she refers to recession and aspirations to become Miss India. She ventures into the fantasy world of her fans, since many of her stories are drawn from their stories on the Savita Bhabi website and fansite –- whether these stories are make-believe or true is irrelevant. These resonances of the text beyond mere sexual arousal are obvious. Even if one were to ignore Linda Williams (10) and inferences from Foucault that pornography becomes one of the many forms in which knowledge of pleasure is organised, it is obvious that from varied perspectives within film studies and legal studies, pornography merits examination. Williams' point also seems to provide some insight into why pornographic circulation doesn't merit much anxiety from the state or in the law; if pornography is organised in consonance with the heteronormative familiar and familial and accessible primarily by men, then maybe it is not such a big surprise that the state or the law is not really invested in controlling pornography, since pornography itself is controlling modes of sexuality and/or sexual expression.</p>
<p>Returning to the comparison, Hussain's untitled nude body on the map of India is literally marked. She carries these inscriptions -- Gujarat on one breast, Bangalore between her thighs, Chennai on her calves, Goa on her hip. Savita Bhabi is marked by her sari, her bindi, her blouse, her aesthetic sense, her fantasies of film stars, her stories of encounters in dressing rooms and myriad other recognizable details -- that mark her as Indian, or at least as living in India, in an Indian (albeit a privileged fair North Indian) body. However, it is Husain's untitled painting -- not called Bharat Mata (and the painting doesn't seem to signify a maternal relation but that of a wounded woman or pained woman) -- that goes to court on charges of obscenity.</p>
<p>Before looking at the few judgments that deal with the actual pornographic text, I take a detour to look at another iconic female figure -- that of Justice. Though clothed, she is blindfolded, so as to be able to discern even a fraction of a slip in the scales of justice; visual cognition would not be sufficient for her to recognise such a slip. As explained by Costas Douzinas, ('The Legality of the Image, lecture – December, 1999), ‘Justice must be blindfolded to avoid the temptation of facing the concrete person and putting individual characteristics before the abstract logic of the institution'. Martin Jay traces the trajectory of how justice became blindfolded through the ages, in the article 'Must Justice Be Blind' (11). Justice was initially wide-eyed and alert; she was blindfolded by the Fool in a period when corruption of the rulers was rampant; she was immortalised by Vermeer as staring at empty scales; and in a transitory state before being completely blinded she had two heads, with a pair of eyes that could see, and a pair that was blindfolded -- shielded, maybe, from the profane and from embarrassment.</p>
<p>I look at this blindness of the judicial system that allows pornography to circulate, while pinning down the obscene and examining minutely its various meanings. The obscene ('Satyam Shivam Sundarmam', 'Prajapati' – a Bengali magazine which carries short stories, 'Lady Chatterley’s Lover', 'Bandit Queen') is examined firstly, for whether it is so gross, though grossness or vulgarity as such is not enough to establish obscenity. And secondly, for whether it has the tendency to deprave and corrupt those whose minds are open to such influences and into whose hands -- or rather, vision -- such an object might fall (this is what allows for the circulation in limited publics -- adult audiences, time slots on television). <br /><br /><strong>Hard and Near Hard Pornography: Close Encounters of the Law with the Profane</strong></p>
<p>In the case of Anonymous vs. the Commissioner Of Police (12), yet another encounter takes place between the embarrassed law and the pornographic text. The excerpt below describes the encounter of two women advocates asked by the court to examine what movies are being exhibited at a specific theatre. In the peculiar clash of social mores, that ensure who has access to pornography, and the law, that ensures equal access to all legally sanctioned media to everyone, the movie theatre was held responsible for violating the fundamental right of women to have access to their premises -- and thus access to pornography. <br /><br /><em>'We approached the booking counter of Rs. 20/- and asked for tickets. The booking clerk first informed us that it is an English movie and it is not meant for ladies to view. When we insisted for tickets, he asked us to come inside the booking room from the main entrance of the theatre. When we were entering the theatre, the gate-man informed us that ladies are not permitted as it is a "SEX MOVIE".</em></p>
<p><em>However, we walked into the booking room. Booking clerk issued us Box-A tickets and further asked us to see the Manager before taking seats. We did not see the Manager but directly went to Box-A and took seats. Even the Box-A doorman asked us to leave the theatre advising us that we being ladies cannot see it as the movie is a "SEX MOVIE". When the movie began at 12.00 P.M. simultaneously the Manager along with two men switched on the lights in Box-A and asked us to leave the hall immediately. Since he repeatedly insisted us to leave, we both came out of Box-A. On coming out we enquired as to why we should not see the movie, to which the Manager replied that it is a "BF". On asking for further clarification of "BF", the Manager stated that it means "BLUE FILM". When we asked him to identify himself, he informed us that he is Mr. Prasad, Manager of the Theatre, as such he has every right to ask us to leave. When we asked as to how it was not advertised that the movie is meant for men only, he retorted that "It is understood that whenever English movies are played in this theatre, ladies are strictly not permitted." As such we were forced to leave the theatre immediately.'</em><br /><br />The question before the court was whether the films exhibited in this theatre were being exhibited in accordance with the censor certificate or whether there was any tampering; whether there was any other device or contrivance to interpolate or intermingle blue films with any otherwise innocent-looking film. Here, though the court had taken it upon itself to address the pornographic text, it ran into a series of complications when merely trying to access the text or the evidence itself, as two women advocates were sent to determine if there was an illegal film exhibition taking place. Pornography seems to be continuously disappearing even on the rare occasion when it is addressed directly by the court, especially in the court's attempt to precisely locate the moment of transaction of the gaze with the pornographic object.</p>
<p>The court, when allowed to examine the film exhibited, found that it was 'a hotch potch of short films, advertisement films, party propaganda films, Hindi and Telugu feature film bits'. (13) The court finally located the pornographic segments (squeezing breasts in a tub, cunnilingus, brutal murder scene) and the court’s comment was that 'normal scenes were replaced by sexy scenes'. The recommendation of those who examined the films that were ostensibly being spliced into <em>Secret Games 3</em> and <em>Dark Dancers</em> is that, 'The only course proper is not to permit entry into the country for such films which prima facie may be <strong>classified hard or near-hard</strong>'. Though the term near-hard is amusing and unique classification of pornography, maybe it's a Freudian slip by a judicial system caught between disgusted arousal and embarrassment.</p>
<p>Finally, in this judgment, the court had to acknowledge its own blindness -- that there is ‘some hole somewhere in the system so that even excised portions by the Censor Board of the films have found their way to the theatres’, including portions that were never passed through the censor certification process at all. <br /><strong><br />Whose Hard-On (or Near Hard-On) Are We Looking for: The Law in Its Search for the Profane</strong><br /><br />In 2005, two teenagers frolicking were captured on a mobile phone camera, and the clip circulated first through mobile phones and then subsequently on the internet. The clip sparked off a phenomenon of hidden camera and mobile phone clips -- a booming pornographic enterprise now on the internet. For a split second, it seemed as though any kind of desire could become pornographic, captured in an ubiquitous medium and transmitted throughout the country. That thrill and anxiety was possibly grasped at slightly in Anurag Kashyap’s <em>Dev.D</em>, where Chanda -- the prostitute, or the other of the good girl -- is the one depicted as the unknown girl who was part of the MMS clip. Very few films have been able to grasp the visceral embarrassment and immediacy of desire as <em>Dev.D</em> does, and it is possibly not the story of Chanda, but that of Paro that achieves this. Paro, who sends nude pictures of herself across continents; Paro, the cyber-sexer; Paro, the entirely relatable slut who cycles with a mattress across fields of mustard in small town Punjab because she desires sex.</p>
<p>After three and a half years (countless MMSs, one movie reference, and a few academic articles later) the court passes judgment in this case – of who possibly can be held liable for the circulation of the MMS clip online, and specifically its sale on Bazee.com (an eBay subsidiary) by an IIT student (Avnish Bajaj vs State on 29/5/2008 by Muralidhar J.). In this case, it is not the pornographic text that keeps slipping and eluding the grasp of the court; the problem is in the inability, especially in the age of the internet, to fix the transactions around such an object that is rapidly changing hands and circulating at an exponential speed through the internet.</p>
<p>The court is in a bind -- the wrong person is accused. Not the corporate body of Bazee but the CEO of Bazee himself (the boy is a juvenile so is facing lesser charges in the juvenile court). The court has the responsibility to fix the blame of the circulation of the obscene object on Avinash Bajaj, without being able to establish that there is any knowledge on his part about the existence of the clip. Though the court was able to establish that there was negligence on the part of Bazee in running the website (in spite of notification, the clip remained on sale for a whole working day after the complaint), and that the filters used by Bazee were obviously inadequate to control what is sold through the website, it was still not possible to find the CEO liable for obscenity charges. If the company had been charged, this would have been possible. Eventually, even though obscenity as a charge couldn’t stick, similar provisions in the IT Act (Section 67 read with Section 85) were used to charge Avinash Bajaj himself, as opposed to Bazee (the corporate body or the company itself). </p>
<p>Here again the court is forced to confront a pornographic text only in instances where there has been a public furore around it, and the eventual judgment is not likely to be able to even remotely address the phenomenon of MMS clips and hidden camera footage from cybercafes and hostels that has been spawned as a result of this incident. The slippery transaction of the gaze with the pornographic object is difficult to fix though in a different way from the earlier judgment – here the pornographic nature of the text is understood rather than examined, more for its violation of privacy than actual elements of obscenity. But it is still hard to determine for the law, especially with the internet, how and by whom has circulation of the pornographic object has taken place and to fix these transactions to ensure legal culpability.</p>
<p>*****<br />Curiously this tale of women advocates and judges as representatives of law and justice, who are averting their gaze from the pornographic text or find that the text is constantly eluding their legal stare, must deal in its closure with the figure of the male judge. Anne McClintock’s male judge in her article ‘Screwing the System’ (14) is a judge who gets a hard-on each time he sentences a prostitute -- a judge who otherwise pays to be beaten by the very same prostitutes. The Hidayatullah paradox of obscenity law is that the judge who decides on obscenity has to decide on the basis of whether he is affected, or rather aroused -- and if he is turned on, then how is he any longer the reasonable judge, or even the 'reasonable man' who can be expected to pass judgment with the dispassionate authority of law? The work of both Shrimoyee N. Ghosh (on the dance bar judgment) and Lawrence Liang (on cinema and the law) on the relation between law and affect, gestures towards an interesting puzzle for us to consider here: if we could look into the eyes of justice, if she were not blindfolded, what would we see? And is the purpose of the blindfold indeed to prevent us from observing the affective life of law itself – its arousal, disgust and embarrassment?</p>
<p> </p>
<p><strong>Endnotes:</strong></p>
<p>1. Ranjit Udeshi v. State of Maharashtra. Only in the recent fairly progressive judgment on Hussain’s painting, that held eventually after examining it, that it was not obscene, was there an attempt at giving some distinction to the category of pornography apart from it being an aggravated form of obscenity and to say that it, as a class of objects, images, paintings, videos, is designed for sexual arousal, while other material which may or may not be obscene is meant to have other meanings. Such reading of the author’s intentions is a convoluted way of restating Justice Potter’s statement – 'I know it (hard core), when I see it'. <br />2. Fatima Riswana v. State Rep. By A.C.P., Chennai & Ors.Case No.: Appeal (crl.) 61-62 of 2005<br />3. -'…in a clear shift of subject matter, what we are now seeing is an explicitly politicized moral censor looking at all this—looking not so much at the sex industry as at society-in-general, at society itself now theatricalised into a morbid stage of sleaze'. Ashish Rajadhyaksha, in his essay ‘Is Realism Pornographic?,’ which deals with the writings of Pramod Navalkar, former Minister for Culture in Maharashtra, points to how explicit or hard-core pornography does not seem to be the concern as much as a whole range of practices attached to the phenomenon of modernity<br />4. Anastasia Guha, The Beatitudes Of A Bountiful Bhabhi, Tehelka, Vol 5, Issue 19, Dated May 17, 2008. Available online at http://www.tehelka.com/story_main39.asp?filename=hub170508the_beatitudes.asp <br />5. Savitha Bhabi threatened, http://infotech.indiatimes.com/quickiearticleshow/3476748.cms <br />6. For instance, the court held that in Bandit Queen, the nudity during the sequence of rape and torture of Phoolan Devi is necessary in the narrative and essential for the impact and the moral that the story is trying to convey – her anger with the upper caste feudal landlords and her quest for justice become identifiable for the viewer, and hence the nudity is in fact necessary in the story, and has no ‘tendency to deprave or corrupt’.<br />7. The regulation of cybercafes takes place in a manner reminiscent of how cinema spaces such as movie theatres were sought to be regulated by the colonial law. Current laws demand placing of computers so monitors face outward, use of identity cards for every visit, data retention for at least a month for most users, etc. <br />8. Though the latter might be a valid assumption (and certainly beneficial for us) it is an assumption whose presumptuous certainties are shaken in the age of the internet, especially that primarily men access pornography and cyber sex through these newly opening up online spaces.<br />9. Maqbool Fida Husain v. Raj Kumar Pandey CRL. REVISION PETITION No. 114/2007. Decided on 08-05-2008</p>
<p>10. Williams, Linda. Hard Core: Power, Pleasure and the Frenzy of the Visible. Berkeley: University of California Press, 1989<br />11. Costas Douzinas, Lynda Nead (Eds), Law and the Image: the Authority of Art and the Aesthetics of Law. University of Chicago Press, 1999<br />12. Anonymous Letter-Un-Signed vs The Commissioner Of Police And Others on 26 December, 1996<br />13. For a judicial system that is invested in narrative film or narrative structure for reasons of copyright law (see generally Anne Baron, The Legal Property of Film) or for aesthetic reasons, as is evident from the judgment in Bandit Queen (that held nudity when she was paraded naked in front of the villagers to not be obscene because those scenes are needed for a narrative impact – for people to feel moved and disgusted by Phoolan Devi’s plight) it must also be a different kind of horror to find films chopped up into twenty sundry pieces, the last piece thrown somewhere else.<br />14. Anne McClintock, Screwing the System: Sexwork, Race and the Law, Boundary 2, Vol. 19, No. 2, Feminism and Postmodernism (Summer, 1992), 70-95. <br /><br /></p>
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For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography'>https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography</a>
</p>
No publishernamitahistories of internet in IndiaObscenityinternet and societyArtcybercultureswomen and internetYouTubeCyberculturescyberspacesDigital subjectivitiesHistory2011-08-02T08:37:23ZBlog EntryThe 'Dark Fibre' Files: Interview with Jamie King and Peter Mann
https://cis-india.org/a2k/blogs/dark-fibre-files
<b>Film-makers Jamie King (producer/director of the 'Steal This Film' series) and Peter Mann, in conversation with Siddharth Chadha, on 'Dark Fibre', their latest production, being filmed in Bangalore</b>
<p>'Dark Fibre' is a documentary/fiction hybrid by J. J. King, producer/director of the 'Steal This Film' series, which has already reached over six million people online and is working towards achieving international television distribution, and Peter Mann, a British film-maker whose most recent work is titled 'Sargy Mann'.</p>
<p>'Dark Fibre' is set amongst the cablewallahs of Bangalore, and uses the device of cabling to traverse different aspects of informational life in the city. It follows the lives of real cablewallahs and examines the political status of their activities.The fictional elements arrive in the form of a young apprentice cablewallah who attempts to unite the disparate home-brew networks in the city into a grassroots, horizontal 'people's network'. Some support the activity and some vehemently oppose it -- but what no one expects is the emergence of a seditious, unlicensed and anonymous new channel which begins to transform people's imaginations in the city. Our young cable apprentice is tasked with tracking down the channel, as powerful political forces array themselves against it. Not only the 'security' of the city, but his own wellbeing depend on whether he finds it, and whether it proves possible to stop its distribution. Meanwhile, mysterious elements from outside India -- possibly emissaries of a still-greater power -- are appearing on the scene. This quest for the unknown channel is reminiscent of a modern-day 'Moby Dick', with the city of Bangalore as the high seas and our cable apprentice a reluctant Ahab. The action is a combination of verite, improvisation and scripted action.</p>
<h3>In conversation with Jamie and Peter in Bangalore</h3>
<p><strong>Q: How did you get the idea to make Dark Fibre, a fiction film?</strong></p>
<strong></strong>
<p><strong>Peter: </strong></p>
<strong></strong>
<p>We first met through BritDoc--British Documentary--and they run Channel 4 which is a Film Foundation. They have been good to us. They funded both Steal This Film and 'Sargy Mann'--a film on my father who is a blind man. They organised a meeting of all the directors they had funded and we met there. We were both thinking about what to do next and felt frustrated because we were making documentaries but really wanted to make fiction. We both shared the same ideas, with regard to shooting something completely as it is but presenting it in a fictional context.</p>
<p><strong>Jamie:</strong></p>
<strong></strong>
<p>And furthermore, we agreed that documentaries are not really real life. Because at the end of the day, I will keep only what I like, make you look at the way I want you to, I would cut you out of the picture if I don't agree with you. This happens even with the most worthy of the films. And you can be more truthful in fiction because its always a subjective truth. Fiction allows things to remain more real. I don't need an argument in the film. If I can just say, here is one guy's story and this is his story, then you can see the city with no bullshit. The story would allow you to look at things as they are; it's partly that idea behind Dark Fibre.</p>
<strong>Peter:<br /><br /></strong>
<p>This is in some way related to the concept of the artistic truth. You use all the tools at your disposal to tell a story, not just literal facts. This is about presenting things within an atmosphere, presenting things in a context. This then adds up to someone understanding something about the world, and I think fiction serves that better than documentary.</p>
<p><strong>Q: What brings you to India to make Dark Fibre?</strong> </p>
<strong>Jamie:<br /><br /></strong>
<p>I think the cablewallah networks are unique. I have never seen anything like this anywhere else myself. India is also in a very, very interesting time and place. The idea of information as a commodity is alive here as it isn't in many other places. The value of information is very high here. There is a western imaginary of Bangalore which is immediately fascinating. It's the place where our information is processed. This is where our credit card and our phone data goes. And it enters a weird black market that we don't understand. This is the cliché. We already have cliché films about Bombay and call centers. We do not want to put a call center into the film because that is already the imagined cliché vision of Bangalore. It is obviously far more sophisticated than that. And in some ways it is far patchier than that. Who are these information workers? What are they doing and at which level are they doing it? Are they the street workers putting cables into walls or is it the guy at Infosys who is hiring people and teaching them to fake English accents? Which is the real information worker? That variegation of information life in Bangalore is interesting, not just to us, but, I think, to everybody. Information dexterity is perceived as the signature of Northern dominance. The ability to manipulate information, to move intellectual property, to transform an idea into a product, to transform someone else's idea into your property. That kind of dexterity is seen as the keynote of western dominance. And watching a developing country transform into an information dextrous economy, seeing information dextrous people is amazing. And then there is the patchiness of it--who gets left behind? Who gets included? Whats missed out and what is added in that vision? How is it manipulated in favor of big businesses? And all of this is fascinating not only from an orientalist's point of view but from a general economic-socio-political point of view.</p>
<p><strong>Q: What is the underlying concept that brought about Dark Fibre?</strong><br /><strong><br />Jamie:</strong><br /> <br />While making 'Steal This Film' we spent a year on a 36 minute film trying to make an argument that would be staunch, impactful, and radical. What we learned is that it's very difficult to set out to argue your way to the truth. It's relatively easier to let the world itself speak and in the meanwhile observe it in detail. The kind of issues we are engaging with in Dark Fibre are around people's relationships with information and their relationship with freedom. These are very, very hard to nail down and speak about in a radical way. These are things left to the Intellectual Property lawyers, it's already happening, it's already cliché. All the arguments are already written. And even after a year of Steal This Film, it's shown in liberal universities – Wait! Liberal universities? I was supposed to be an anarchist! We want to go further. We want to tell people things through an image.</p>
<strong></strong>
<p><strong>Peter:</strong></p>
<p>Our idea of relationships is exploring the parallel physical communications networks and the virtual networks. In a city like Bangalore you see it. The traffic here is chaotic but it works. How? There is no answer to that. But it provokes questions. Through Dark Fibre, we are trying to say that there is a potential network in the city (cablewallahs) which is currently being unused and asking what it would take to unlock that potential and where would it take us if that really happens.</p>
<p><strong>Q: Why the cablewallahs? What is so fascinating about them?</strong><br /> <br /><strong>Jamie: </strong><br /> <br />Yes, we are interested in the cablewallah network and I think it's quite perverse that it makes people from around here laugh. You see cablewallahs as a fact of life, probably a mundane fact of life. Westerners, Europeans, who are used to orderly deployments of information technology are completely blown away when you tell them that this is how it works in India. Ad hoc, grassroots, messy, out of control.</p>
<strong><br />Peter:<br /><br /></strong>
<p>To the West, it is just unthinkable that the government would allow something like these networks, which supply 24 hours television. To not have these under government control is unthinkable.</p>
<strong>Jamie:<br /><br /></strong>
<p>So, obviously, we are at a point of transition where it's unthinkable to the Global North and it would become unthinkable here too. We are in the middle of that shift and thats one of the things we are trying to document; the network form, which is horizontal, ad hoc and on the street, becomes not only regulated but seditious.</p>
<strong>Q: Why would you call it seditious?</strong><strong><br /><br />Jamie: <br /><br /></strong>
<p>Because it begins to be seen as almost dangerous. As the regulators move in, they take Direct to Home control of all the deployments of their intellectual properties. The older networks start to look not only like intellectual property right infringements, but their disorder is also seen to be terrorist.</p>
<strong>Q: What is the film trying to propose through linking these cablewallah networks?</strong>
<p> </p>
<strong>Jamie:<br /><br /></strong>
<p>Our proposal in this film is - "What if instead of just dying peacefully, someone had the idea of transforming these networks that used to deliver international and local content, by connecting them together, and turning them in to massive local media networks which are used for media sharing, file sharing, your own local channel?" There is a potential because the network is already there.</p>
<strong>Peter:<br /><br /></strong>
<p>In a way, if you think about the microcosm idea of the Internet as a whole, that essentially is what our plot is. On a certain level you would say that it's just a network but then the internet is the most important driving force of the world today.</p>
<p><strong>Jamie:</strong></p>
<strong></strong>
<p>The point is that once this idea is out, we can create the infrastructure to connect the entire city, infrastructure we can all use. Everyone starts to have a stake in it, be it the newspapers, TV channels, pirate markets (they will say, "No one is buying our shit anymore because they can share it over the network"), the computer manufacturers, the importer of Chinese routers, a gangster who thinks he can advertise on the network, the intellectual property lawyer... different people start getting the idea that they might have something to do with this network. Basically this is a chaos scenario, from which arises the plot. It is a fictional scenario but is set in the reality of information sharing here today.</p>
<p><strong>Q: What is the technique you use to make the plot hybrid fictional?</strong><br /> <br /><strong>Jamie:</strong><br /><br />The main character is played by an actor and he will be an embedded actor, working with the real cablewallah. Parts of it will be documentary, seeing how the cablewallah works and the viewer, through watching this actor, will understand how the network works. We have already spoken to some cablewallahs. And they have been very happy about all this. We see this as sort of embedded journalism, where the embedded actor takes the place of an interviewer. The film is not going to be historical. The characters will have a background and the film is going to have a background, but what we are trying to do is show the 'now'. We want to make it speak about the past and speak about the future. About our future.</p>
<p><strong>Q: 'Steal This Film' was a critique of the international intellectual property regimes. Would this film also be similarly advocative?</strong><br /> <br /><strong>Jamie:</strong><br /><br />We are going to the next level from 'Steal This Film', and this is more of my argument than Peter's -- that the conversation about Intellectual Propery is over or the film is the last word at all. But I personally need to go somewhere else to say more. I am interested in information in general. And how information affects what we can think, what we can dream, what we can be, how it forms all of us -- that is what we are working on in 'Dark Fibre' and the question of intellectual property is a subset of that question. We spend a lot of time talking about ideas and that's one of the things that connects us. We want to articulate a lot of the philosophical, abstract ideas in this film. And we will see if we can manage to do it in a new context. 'Steal This Film' interested a few people and this will be the next point of departure for discussion.</p>
<p><strong>Q: Peter, do you share Jamie's passion for Intellectual Property?</strong><br /> <br /><strong>Peter:</strong><br /><br />Not in the same way. I am very interested in the subject. Anybody who creates work is interested in it. In my last film, there is a constant commentary of a test match going on and as a result of it, it is almost impossible to sell it to television; people who own the rights to the cricket say that we have to pay them thousands of pounds! I am interested in documenting the world as it is and not what is cleaned up for TV. I am interested in the specifics. If you get on a bus in London, the ringtone everyone has on a mobile phone is not a ringtone but a particular song. But you can't put that on film because Mick Jagger, or whoever the artiste is, will want ten thousand pounds for it. The frustration that I face is that it is impossible to put the world that I see in front of me on film. I used to work with TV commercials and you would never see anything in commercials that is not the product being sold. I was once working on a Coca Cola commercial in New York and there was a person who was appointed by Coca Cola to go around the whole set to ensure that no one is drinking anything that is not made by Coca Cola, whether that is water or juice. Anything. And I think all that is about creating a creased world that we don't live in. I am interested in the world, through documentaries or fiction, that we live in. And it is bits of music, it is referenced films, we reference music, we reference sport. Just because people have rights over these, you never see them on film. That is my main area of interest, more than what is happening on the legal front.</p>
<p><img class="image-inline image-inline" src="uploads/stf.jpg/image_preview" alt="stf" height="400" width="284" /> <img class="image-inline image-inline" src="uploads/copy_of_steal_this_film_2.jpg/image_preview" alt="steal this film" height="400" width="280" /></p>
<p> </p>
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For more details visit <a href='https://cis-india.org/a2k/blogs/dark-fibre-files'>https://cis-india.org/a2k/blogs/dark-fibre-files</a>
</p>
No publishersiddharthhistories of internet in Indiainternet and societyDigital AccessIntellectual Property RightsYouTubeart and interventionPiracyOpen Accessinnovationdigital artists2011-08-04T04:41:31ZBlog EntryPleasure and Pornography: Initial Encounters with the Unknown
https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/xxx-files-initial-encounters-with-the-unknown
<b>This blog entry is the first in a series by Namita Malhotra on her CIS-RAW project that is about pornography, Internet, sexuality, law, new media and technology. She aims for this to be a multi media and research project/journey which is able to cite and draw on various sources including legal studies, film studies and philosophy, academic and historical work on sexuality, art, film and pornography itself. </b>
<p>There are few dilemmas that one is faced with when working on the vague and over extended category of pornography. The first is the very familiar feminist dilemma over pornography, and the position of radical feminists such as Andrea Dworkin and Catherine McKinnon--pornography is violence or sexually explicit subordination of women. This is more popularly encapsulated in Robin Morgan’s words--pornography is the theory and rape is the practice. Even if this can be collapsed into the positions of pro-sex and anti-sex feminists, it does initially haunt any research agenda on pornography, especially for a guilty quasi-feminist like myself.</p>
<p>However, some of my previous writings have attempted to deal with the position of the women’s movement, specifically in India, on pornography (the details are given below) and here I hope to move beyond either the moral or feminist positions on pornography, to examine what the pervasive phenomenon does. One of the strands that I hope to continue to explore is the relation of body to film. Though film studies is mostly focused on the visual sense, few scholars have looked on film as a bodily experience and attempted to understand the mimetic relation between the body of the 'viewer' and the body of the film. A more tactile understanding of the experience of film and media would be a useful place to start exploring pornography.<br /><br />The second has arisen from many conversations that I have had – when I say I’m working on pornography, the response is either a withdrawal or over-enthusiasm bordering on insistence to share personal collections of erotica and pornography. Though these conversations are often insightful, I have now realized that it is hard for me to actually examine pornography in all its totality – from spliced moments in mainstream films in shady theatres to specificities of hentaii and tentacle porn. Personal tastes, preferences, and access make it hard to be able to be interested in everything. Which is precisely my fascination with pornography – that it is in fact an intensely personal relation or rather a space in which different people have kept very varied and specific material, words, and media--that it also is not entirely about the media/words themselves, but also about how and in what setting they are consumed, how they are bought, downloaded or searched for. <br /><br />The third is the legal conundrum posed by pornography – that it is not recognized in Indian law as a specific category but that there exist, nonetheless, stringent conditions for obscenity. Obscenity is determined on the basis of the Hicklin test, which originated in England in 1868 and has continued as an integral part of Indian law though it has been discredited in English common law and American law. Here, the legal scholarship of Nussbaum is an interesting starting point as it sets up a useful framework that refuses to look at the law as a rational system of rules that is devoid of emotions. Nussbaum analyses the cognitive content of emotions that work within law – in the case of determining obscenity, she points to how emotions of disgust and revulsion play a significant role (the other emotions that she examines in detail are shame, fear and anger in the law). In Nussbaum’s analysis of the cognitive content of disgust, she remarks that in most cultures, disgust is about discomfort humans have with 'our own bodies and decaying selves', and concludes that disgust is an unreliable indicator for obscenity. She refers to McKinnon’s and Dworkin’s work to state that the indicator should be harm done by the material, rather than disgust. I would disagree with Nussbaum on whether harm can be a useful indicator to determine whether something is obscene, but before that it is necessary to examine whether Indian case law actually relies on the notion of disgust. Within Indian law, there seem to be other factors at work including notions of cultural purity vis-à-vis contamination from Western culture. An interesting and rather progressive judgment to look at is the recent High Court judgment on Hussain’s painting of nude Mother India that held that the painting is not obscene. <br /><br />These are a few of the scattered aspects of this project and some of the strands that it will explore. I would also like to share two comics on internet pornography. The first is from the famou <a class="external-link" href="http://imgs.xkcd.com/comics/rule_34.png">xkcd comic</a> series and the second from the relatively new comic series <a class="external-link" href="http://deviswithbabies.blogspot.com/2008/10/brown-girls-equal-opportunity-porn.html">Brown Girls</a>. Both capture how lusty desires will find their objects anywhere – in the explosion of the polymorphous perverse on the internet or presidential debates on television. <br /><br /><br /></p>
<p><strong>Previous material </strong><br /><a class="external-link" href="http://www.apc.org/en/pubs/issue/gender/all/world-wide-web-desire-content-regulation-internet"><strong>The World Wide Web of Desire: Content Regulation on the Internet</strong></a><br />This article attempts to understand the dynamics of pushing the child pornography question to the forefront of any debate around censorship and pornography, especially in contexts of internet regulation, both nationally and in international forums such as the Internet Governance Forum. This is often done at the expense of a more nuanced understanding that would be possible if the focus were on issues related to gender, the prevalence of draconian censorship regimes in most countries in Asia and concerns related to free speech.</p>
<p><a class="external-link" href="http://www.genderit.org/en/index.shtml?apc=r90501-e95021-1"><strong>Do Not Look at Porn</strong></a><br />This is a short video titled "Do not look at porn" which is a remix video or a collage of different materials taken from television and other videos, famous art works, photographs and books. The video is almost boringly pedagogic in its attempt to illustrate the slippery-slope argument which is that obscenity laws generally lead to the ban of progressive material rather than only offensive material. The video features Sarah Jones' song 'Your revolution will not happen between these thighs', and the popular Warcraft character based machinema video 'The internet is for porn'.</p>
<p><a class="external-link" href="http://www.genderit.org/en/index.shtml?apc=r90480-e95146-1"><strong>Search History: Examining Pornography on the Internet</strong></a><br />This article explores some of the dilemmas of the women's movement in India when faced with the question of pornography. It also is a very basic historical look at the category of pornography itself, as it emerged to describe the array of objects and artefacts discovered in the ancient city of Pompeii. These finds were kept at the Secret Museum; only men of a certain upper class were allowed and ‘trusted’ to have access to these objects, and not the ‘easily corruptible rabble or women’. Such distinctions would often arise in the case of pornography and be the reasoning behind censorship and regulation of many media in the next few centuries. Whether it was the birth of photography, cinema, video, and in recent times the internet and new media (CD,VCD, DVD), each technology has been greeted with suspicion of its possible harm to society. <br /><br /><br /><br /><br /></p>
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For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/xxx-files-initial-encounters-with-the-unknown'>https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/xxx-files-initial-encounters-with-the-unknown</a>
</p>
No publishernamitahistories of internet in IndiaObscenityinternet and societywomen and internetresearchCyborgsdigital subjectivitiesHistory2011-08-02T08:37:27ZBlog Entry