Centre for Internet and Society

Making the Powerful Accountable

chinmayi — 2014-01-30T06:43:41Z

If powerful figures are not subjected to transparent court proceedings, the opacity in the face of a critical issue is likely to undermine public faith in the judiciary.

Chinmayi Arun's Op-ed was published in the Hindu on January 29, 2014.

It is odd indeed that the Delhi High Court seems to believe that sensational media coverage can sway the Supreme Court into prejudice against one of its own retired judges. Justice Manmohan Singh of the Delhi High Court has said in Swatanter Kumar v. Indian Express and others that the pervasive sensational media coverage of the sexual harassment allegations against the retired Supreme Court judge 'may also result in creating an atmosphere in the form of public opinion wherein a person may not be able to put forward his defence properly and his likelihood of getting fair trial would be seriously impaired.' This Delhi High court judgment has drawn upon the controversial 2011 Supreme Court judgment in Sahara India Real Estate Corp. Ltd v. SEBI (referred to as the Gag Order case here) to prohibit the media from publishing headlines connecting retired Justice Swatanter Kumar with the intern's allegations, and from publishing his photograph in connection with the allegations.

Although the Gag Order judgment was criticised at the time that it was delivered Swatanter Kumar v. Indian Express illustrates its detractors' argument more vividly that anyone could have imagined.

Sukumar Muralidharan wrote of Gag Order case that the postponement (of media coverage) order remedy that it created, could become an "instrument in the hands of wealthy and influential litigants, to subvert the course of open justice".

Here we find that although a former Supreme Court judge is pitted against a very young former intern within a system over which he once presided, Justice Manmohan Singh seems to think that it is the judge who is danger of being victimised.

The Swatanter Kumar judgment was enabled by both the Gag Order case as well as the 1966 Supreme Court judgment in Naresh Sridhar Mirajkar v. State of Maharashtra, which in combination created a process for veiling court proceedings. Naresh Mirajkar stated that courts' inherent powers extend to barring media reports and comments on ongoing trials in the interests of justice, and that such powers do not violate the right to freedom of speech; and the Gag Order case created an instrument - the 'postponement order' - for litigants, such that they can have media reports of a pending case restricted. The manner in which this is used in the Swatanter Kumar judgment raises very worrying questions about how the judiciary views the boundaries of the right to freedom of expression, particularly in the context of reporting court proceedings.

Broad power to restrict reporting

The Gag Order case was problematic: it used arguments for legitimate restraints on media reporting in exceptional circumstances, to permit restrictions on media reporting of court proceedings under circumstances 'where there is a real and substantial risk of prejudice to fairness of the trial or to proper administration of justice'. The Supreme Court refused to narrow this or clarify what publications would fall within this category. It merely stated that this would depend on the content and context of the offending publication, and that no 'straightjacket formula' could be created to enumerate these categories. This leaves higher judiciary with a broad discretionary power to decide what amounts to
legitimate restraints on media reporting, using an ambiguous standard. Exercise of this power to veil proceedings involving powerful public figures whose actions have public implications, imperils openness and transparency when they are most critical.

Court proceedings are usually open to the public. This openness serves as a check on the judiciary, and ensures public faith in the judiciary. In countries as large as ours, media coverage of important cases ensures actual openness of court proceedings - we are able to follow the arguments made by petitioners who ask that homosexuality be decriminalised, the trial of suspected terrorists and alleged murderers, and the manner in which our legal system handles sexual harassment complaints filed by young women.

When court proceedings are closed to the public (known as 'in-camera' trials) or when media dissemination of information about them is restricted, the openness and transparency of court proceedings is compromised. Such compromise of transparency does take place in many countries, to protect the rights of the parties involved, or prevent miscarriage of justice. For example, child-participants are protected by holding trials in-camera; names of parties to court proceedings are withheld to protect their privacy sometimes; and in countries where juries determine guilt, news coverage that may prejudice the jury is also restricted.

The damage done

Although the Supreme Court stated in principle that the openness of court proceedings should only be restricted where strictly necessary, this appears to lend itself to very varied interpretation. For example, it is very difficult for some of us to understand why it was strictly necessary to restrict media coverage of sexual harassment proceedings in the Swatanter Kumar case. J. Manmohan Singh on the other hand seems to believe that the adverse public opinion will affect the retired judge's chance of getting a fair trial. His judgment also seems to indicate his concern that the sensational headlines will impact the public confidence in the Supreme Court.

The Delhi High Court's apprehension about the effects of the newspaper coverage on the reputation of the judge did not need to translate into a prior restraint on media coverage. They may better have been addressed later, by evaluating a defamation claim pertaining to published material. The larger concerns about the reputation of the judiciary are better addressed by openness: if powerful public figures, especially those with as much influence as a former Supreme Court judge are not subjected to transparent court proceedings, the opacity in the face of such a critical issue is likely to undermine public faith in the judiciary as an institution.Such opacity undermines the purpose of open courts. It is much worse for the reputation of the judiciary than publicised complaints about individual judges.

Since the Delhi High Court ruling, there has been little media coverage of the sexual harassment case. Suppression of media coverage leaves the young woman comparatively isolated. Wide coverage of the harassment complaint involving Justice Ganguly, helped the intern in that case find support. The circulation of information enabled other former interns as well as a larger network of lawyers and activists, reach out to her. This is apart from the general pressure to be fair that arises when a case is being followed closely by the public. Media coverage is often critical to whether someone relatively powerless is able to assert her rights against a very powerful person. This is why media freedom is sacred to democracies.

If the Supreme Court was confident that the high courts in India would use their broad discretionary power under the Gag Order case sparingly and only in the interests of justice, the Swatanter Kumar case should offer it grounds to reconsider. Openness and freedom of expression are not meant to be diluted to protect the powerful - they exist precisely to ensure that even the powerful are held accountable by state systems that they might otherwise be able to sway.

(Chinmayi Arun is research director, Centre for Communication Governance, National Law University, Delhi, and fellow, Centre for Internet and Society, Bangalore.)

For more details visit https://cis-india.org/internet-governance/blog/the-hindu-january-29-2014-chinmayi-arun-making-the-powerful-accountable

The Future of the Internet, Who Should Govern It and What is at Stake for You?

praskrishna — 2014-02-12T11:12:54Z

Internet and Mobile Association of India, Cellular Operators Association of India, Internet Democracy project, Media for Change, SFLC and the Centre for Internet Society is organizing a Multi-stakeholder Dialogue on the future of internet on January 29, 2014 at Multipurpose Hall, India International Center (IIC).

Snehashish Ghosh will participate in the event as a speaker.

Schedule

10.00 - 10.30: Registration
10.30 -13.30: Discussion and Open House
13.30: Lunch

The meeting seeks to address, among others, the following questions:

The issue of governing the internet through a multistakeholder mechanism (including government, business, civil society, academia and the technical community) versus a multilateral one (or an intergovernmental one, including only governments in a decision making role) is leading the global discourse.

What is multistakeholderism? How is it practiced? How is it different from multilateralism or intergovernmental decision making? Why has multistakeholderism assumed such an important role in internet governance?
Moderator – Subi Chutervedi

Several of the arguments are based in a framework document known as ‘Tunis Agenda 2005’.
What is the role of the Tunis Agenda in these debates? Since its formulation 9 years ago, is it still relevant? What does “stakeholders in their respective roles” mean in 2014 and beyond?
Moderator – Subi Chaturvedi

The positions taken by the Government of India at international fora are linked to its cyber security concerns.
Will India’s position of multilateral/intergovernmental governance of the Internet actually address these cyber security concerns?
Moderator – Anja Kovacs

Since the Snowden revelations, mass surveillance by governments has assumed center stage and is driving the recent discourse.
Will a multilateral/inter-governmental mechanism adequately address serious concerns of government surveillance and intrusion into the privacy of internet users and citizens?
Moderator – Anja Kovacs

Innovation, freedom of speech and expression and privacy rights are critical to a free and open internet. How are these impacted under a multistakeholder vis-à-vis a multilateral/inter-governmental mechanism?
Moderator- Chinmayi Arun

Internet governance has both a domestic and a global angle. In 2014, what should be the process of policy making involving stakeholders? Should there be consultation and what should be the process, quality and outcome of such consultation, especially as it relates to Internet Governance?

What process should the government adopt before taking a position internationally and while formulating domestic policy related to internet governance?
Moderator Chinmayi Arun

For more details visit https://cis-india.org/events/future-of-internet-january-29-2014

GNI Assessment Finds ICT Companies Protect User Privacy and Freedom of Expression

elonnai — 2014-01-20T06:17:46Z

Elonnai Hickok analyses a public report recently published by GNI on the independent assessment process for Google, Microsoft, and Yahoo. The report finds Google, Microsoft, and Yahoo to be in compliance with the GNI principles on privacy and freedom of expression.

Introduction

In January 2014, the Global Network Initiative (GNI) published the Public Report on the Independent Assessment Process for Google, Microsoft, and Yahoo. GNI is an industry consortium that was started in 2008 with the objective of protecting user’s right to privacy and freedom of expression globally. The main objectives of GNI are to provide a framework for companies that is based on international standards, ensure accountability of ICT companies through independent assessments, create opportunities for policy engagement, and create opportunities for stakeholders from multiple jurisdictions to engage in dialogue with each other. The Centre for Internet and Society, Bangalore, is a member of GNI. Companies based in India have yet to join as members to the GNI network.

Overview of the Public Report

The Public Report provides an overview of assessments completed on the practices and policies of Google, Yahoo, and Microsoft from 2011 - 2013 to measure company compliance with the GNI principles on freedom of expression and privacy. The principles lay out broad guidelines that member companies should seek to incorporate in their internal and external practices and speak to freedom of expression, privacy, responsible company decision making, multi – stakeholder collaboration, and organizational governance, accountability, and transparency. The GNI principles have also been developed with Implementation Guidelines to provide companies with a framework for companies to respond to government requests. The assessment carried out by GNI reviewed cases in each company pertaining to governmental: blocking and filtering, takedown requests, criminalization of speech, intermediary liability, selective enforcement, content surveillance, and requests for user information.

Importantly, the assessment undertaken by GNI finds Yahoo, Microsoft, and Google to be in compliance with the GNI principles on freedom of expression and privacy. The Report highlights practices by the companies that work to protect freedom of expression and privacy such as conducting human rights impact assessments, issuing transparency reports, and notifying affected users when content is removed, have been, adopted by these companies. For example, Google conducts Human Rights Impact Assessments to assess potential threats to freedom of expression and privacy. Google also has in place internal processes to review governmental requests impacting freedom of expression and privacy, and the legal team at Google prepares a “global removal report” to provide a bird’s eye view of trends emerging from content removal requests. If Google has the email address of a user who’s posted content is removed, Google will often notify the user and directs the user to the Chilling Effects website. Google has also published a transparency report since 2010. Like Google, Microsoft conducts Human Rights Impact Assessments before making decisions on whether to incorporate certain features into its platforms when operating in high risk markets. Microsoft has also issued two global law enforcement requests reports in 2013. Yahoo has established a Business and Human Rights Program to ensure responsible actions are taken by the company with regards to freedom of expression and privacy, and now issues transparency reports about government requests. Yahoo’s Public Policy team also engages in dialogue with governments on an international level about existing and proposed legislation impacting and implicating privacy and freedom of expression.

The Report highlights challenges to compliance with the GNI principles that companies face – namely legal restraints and mandates that they are faced with. On the issue of transparency, the assessment found that companies do not disclose information when there are legal prohibitions on such disclosure, when users privacy would be implicated, when companies choose to assert attorney client privilege, and when trade secrets are involved. Despite this, the assessment found that companies do deny and push back on governmental requests impacting freedom of expression and privacy for reasons such as the request needed clarification and modification, or that the request needed to follow established procedure.

A number of findings came out of the assessments undertaken for the Report including:

As demonstrated by the lack of ability to access information about secret national security requests, and the lack of ability for companies to disclose information on this topic there is a dire need for governments to reform surveillance policy and law impacting freedom of expression and privacy.
The implementation of the GNI Principles is challenging when a company is undergoing an acquisition. In this scenario, contractual provisions limiting third party disclosure are critical in ensuring protection of privacy and free expression rights.
Companies need to pro-actively and on an ongoing basis internally review governmental restrictions on content to determine if it is in compliance with the commitment made by that company to the GNI Principles.

The assessment resulted in GNI defining a number of actionable (non-binding) recommendations for companies such as:

Improving the integration of human rights considerations in the due diligence process with respect to the acquiring and selling companies.
Consider the impact of hardware on freedom of expression and privacy.
Improve external and internal reporting.
Review employee access to user data to ensure that employee access rights are restricted by both policy and technical measures on a ‘need to know’ basis across global operations.
Review executive management training.
Improve stakeholder engagement.
Improve communication with users.
Increase sharing of best practices.
The GNI principles are focused on freedom of expression and privacy and are based on internationally recognized laws and standards for human rights.

NSA leaks, global push for governmental surveillance reform, and the Public Report

With special attention given to the various companies responses to the NSA leaks, the Report notes that in response to the NSA leaks the assessed companies have issued public statements and filed legal challenges with the US government and filed suit with the FISA Court seeking the right to disclose data relating to the number of FISA requests received with the public. All three companies have also supported legislation and policy that would allow for such transparency. Furthermore in December 2014, the companies , along with other internet companies, developed and issued the five Principles on Global Government Surveillance Reform. Similar to other efforts to end mass and disproportionate surveillance, such as the Necessary and Proportionate principles, the Principles on Global Government Surveillance Reform address: Limiting Governments’ Authority to Collect Users’ Information, Oversight and Accountability, Transparency about Government Demands, Respecting the Free Flow of Information, Avoiding Conflicts Among Governments. Other companies that signed these principles include AOL, Facebook, LinkedIn, and Twitter.

Along these lines, on January 14^th, GNI released the statement “Surveillance Reforms to Protect Rights and Restore Trust”, urging the U.S Government to review and enact surveillance legislation that incorporate a ‘rights based’ approach to issues involving national security. In the statement, GNI specifically recommends the Government to action and: end mass collection of communications metadata, protect and uphold the rights of non-Americans, continue to increase transparency of surveillance practices, support the use of strong encryption standards.

Conclusion and way forward

Looking ahead, GNI is planning on developing and implementing a mechanism to address effectively address consumer engagement and complaints issued by individuals who feel that GNI member companies have not acted consistently with the commitments made as a GNI member. GNI is also looking to expand work around public policy and surveillance.

The Public Report on the Independent Assessment Process for Google, Microsoft, and Yahoo is an important step towards ensuring ICT sector companies are accountable to the public in their practices impacting freedom of expression and privacy. The assessment comes at a time when ICT companies often find themselves stuck between a rock and a hard place – with Governments issuing surveillance and censorship demands with mandates for non-disclosure, and the public demanding transparency, company resistance to such demands from the Government, and a strong commitment to users freedom of expression and privacy. Hopefully, the GNI assessment is and will evolve into a middle ground for ICT companies – where they can be accountable to the public and their customers and compliant with Governmental mandates in all jurisdictions that they operate in. It will be interesting to see if in the future Indian companies join GNI as members and being to adopt the GNI principles and undergo GNI assessments.

For more details visit https://cis-india.org/internet-governance/blog/gni-assessment-finds-ict-companies-protect-user-privacy-and-freedom-of-expression

Seminar on "Hate Speech and Social Media"

praskrishna — 2014-02-13T06:22:41Z

NALSAR University of Law, in collaboration with the British Deputy High Commission organized a seminar on Hate Speech and Social Media in Hyderabad on January 4 and 5, 2014. Chinmayi Arun was one of the speakers at the seminar.

Richa Kaul Padte was a keynote speaker on the panel on ‘Marginalised Communities and the Experience of Social Media’, while Anja Kovacs was the keynote speaker on the panel on ‘Internet - A Democratic Space?’.

This seminar focused on emerging debates on free speech, marginalisation and radicalisation in the context of the internet. Long hailed as a great democratiser, the internet has been instrumental in granting a voice to millions of people, and yet, in permitting anonymity it raises important questions of liability and responsibility. Over the course of two days, the seminar explored issues through conversations between people who have worked on various aspects of this issue, including leading jurists, lawyers, bloggers and activists who have embraced new technologies. Some of the prominent speakers at the seminar included Hon’ble Justice Madan B Lokur, Hon’ble Dr. Justice S Muralidhar, Teesta Setalvad, Geeta Seshu, Chinmayi Arun, Anja Kovacs and Apar Gupta.

Click to read the details posted on Internet Democracy Project website.

For more details visit https://cis-india.org/news/nalsar-seminar-hate-speech-social-media

India believes in Complete Freedom of Cyber Space: Kapil Sibal

praskrishna — 2013-10-25T07:13:44Z

The site of the impact of a cyber crime should determine jurisdiction, says information technology minister Kapil Sibal.

This article by Elizabeth Roche was published in Livemint on October 14, 2013. Moulishree Srivastava also contributed to this story. Sunil Abraham is quoted.

Minister for communications and information technology Kapil Sibal said on Monday that if a cyber crime had an impact on India or the subject matter was Indian, India should have the jurisdiction to investigate the crime and mete out justice.

India “believes in complete freedom of cyber space”, Sibal said, adding that the international community should arrive at a consensus on rules of jurisdiction and enforceability where cyber crimes are concerned. He was speaking at a conference on cyber security and cyber governance in New Delhi.

“Freedom of expression is central to our ideological stand on cyber space but at the same time there must be a de facto recognition of threats that are out there in cyber space and that we need to deal with those threats locally, nationally and globally and what we need is a consensus on those,” the minister said.

He was asked specifically about the need for changes in the global Internet governance structure following a US admission that its National Security Agency listened in on communications from the embassies of allies such as France, Italy and Greece, as well as Japan, Mexico, South Korea, India and Turkey.

The site of the impact of a cyber crime should determine jurisdiction, the minister said.

He gave an example: if anything happens in an Indian mission located in New York, it should be governed by Indian law because the mission would be considered Indian territory.

“So as long as the source of the data is Indian and the impact is on India then the jurisdiction must be Indian and that should apply across the world,” he said.

“If the harm has been caused to Indian citizens or Indian property then jurisdiction should be Indian,” said Sunil Abraham, executive director at Centre for Internet and Society. “This principle has already been developed by Justice Murlidhar in Banyan Tree case. So this principle already has legal precedent.”

But Abraham added that “even if Indian courts believe that it is their jurisdiction, foreign law enforcement agencies may not co-operate. This may be one of the biggest challenges in implementing this principle”.

“This move could be seen as one enhancing cyber security, but since there is no universally accepted definition to cyber security and some government include speech regulation, surveillance, cyber crime and hacktivism a part of cyber security—there can be damaging consequences for human rights online,” Abraham said.

The minister’s statement assumes significance against the backdrop of a number of countries including India protesting the spying by the US National Security Agency (NSA) on their missions in Washington and New York.

According to many news reports, India was among the top five countries whose missions in the US were targeted by the NSA as part of a clandestine effort to mine electronic data. Reports of the US snooping has caused unease world wide.

German Chancellor Angela Merkel raised the issue with US President Barack Obama in June while Brazil’s President Dilma Rouseff reportedly cancelled a summit with the US President in protest last month.

According to the ministry of external affairs in New Delhi, India raised the issue with the US embassy in New Delhi besides taking up the issue with the US state department in Washington. Both sides agreed to discuss the subject during their cyber security dialogue.

“That’s the law in the country...if anything happens there (in Indian embassies) that is part of Indian jurisdiction and similarly if you apply the same example and establish jurisdiction then anything that relates to Indian data and the impact on Indian data, it’s the courts in India that should have jurisdiction,” Sibal added later.

“We are talking about a principle and the principle is wherever there is Indian data wherever anything is done to impact on Indian data, the source of which is Indian then the jurisdiction must be of Indian courts,” the minister said adding that he was putting this view out as something the cyber security seminar should discuss.

India’s national security adviser Shiv Shankar Menon added that what the minister had voiced was India’s view but it was not a settled matter and that it had to be discussed at global forums.

With around 40% of the 120 million smartphone users in India accessing the Internet through mobile phones, network protection was an imperative. “The consequences of manipulation or distortion...can be potentially disastrous.” Menon said recalling how morphed pictures of violence seemingly targeting a particular ethnic group, circulated on the Internet and via cell phones, had resulted in thousands of people fleeing home from their places of work last year.

On certification of hardware security, Menon said: “India has recently received authorizing nation status for IT products and testing labs in the country will now gain global recognition,” adding that this was an opportunity for Indian industry.

Sibal, in his address, said the Internet had become a means of empowerment of people and most of this was due to the enormous freedom provided by the Internet. But “there can be no concept of sovereignty in cyber space because there are no territorial issues involved”, he said.

For more details visit https://cis-india.org/news/livemint-october-14-2013-elizabeth-roche-moulishree-srivastava-india-believes-in-complete-freedom-of-cyber-space

'Free Speech and Media in South Asia: Human Rights Concerns in a Globalizing World'

praskrishna — 2013-11-08T05:33:22Z

A seminar organized by the Programme in Comparative Media Law and Policy, Centre for Socio-Legal Studies, University of Oxford, in collaboration with the Centre for Media and Governance, National Law University, Delhi. Chinmayi Arun is one of the speakers.

Click to read the original published by Oxford University Press here

Speakers:

Salil Tripathi, English PEN

Defending Freedom of Expression in India

Emrys Shoemaker, London School of Economics

Mobile Communication and Internet Regulation in Pakistan: Mapping Social Implications

Chinmayi Arun, National Law University, Delhi

Privacy and Surveillance

Kumaravadivel Guruparan, University College London

Digital Media as Part of the Sri Lankan State's 'Counter-insurgency' Programme

Chair: Nicole Stremlau, PCMLP

This panel discussion will explore contemporary issues that envelop both the digital and the traditional media in South Asia. It will look at the effects of surveillance, prior restraints on speech, intermediaries and other key factors on the public sphere. It will also consider, in this context, the relationship of the traditional media with the Internet. This discussion will take place in the backdrop of evolving democratic engagement in India, and the constitutional jurisprudence that attempts to keep pace with it and with developments in communication technology. It will offer comparative perspectives from other countries grappling with similar concerns.

For more details visit https://cis-india.org/news/university-of-oxford-october-25-2013-free-speech-and-media-in-south-asia

Charting the Charter: Internet Rights and Principles Online

praskrishna — 2013-10-21T07:03:53Z

This workshop is being organised by IRP Coalition on October 22 in Bali Nusa Dua Convention Centre. Pranesh Prakash is participating as a panelist.

The Internet Governance Forum 2013 is being held at Bali from October 22 to 25. The overarching theme for the 2013 IGF meeting is: "Building Bridges"- Enhancing Multistakeholder Cooperation for Growth and Sustainable Development".

Read the original published on the IGF website

Theme: Human Rights / Freedom of Expression on the Internet

Since the Charter of Internet Rights and Principles was developed dialogue about diverse internet related human rights issues have emerged in various UN human rights mechanisms e.g. racism/racial discrimination, human rights defenders, women's human rights, freedom of association, business and human rights, protection of cultural heritage. The workshop will map the issues under discussion in the UNHRC against those in the Charter of Human Rights and Principles for the Internet (‘IRP Charter’) and explore multistakeholder perspectives and best practice examples of adherence to the Charter and human rights standards from diverse regions.

The focus is on progress, opportunities and challenges to monitor and advocate for the IRP Charter provisions particularly for marginalised groups e.g. rural and indigenous peoples, disabled people, urban poor as the second part of the two workshops put forward by the IRP Coalition and partners. Wider questions that the workshop looks to cover include: How are understandings about the interrelationship of internet governance and human rights standards developing at the Human Rights Council? Aside from freedom of expression and the right to Privacy, what other human rights are important in relation to the internet? How can the Charter be used to broaden the engagement of the Human Rights Council in internet governance issues? How does the work of the HRC inform the Charter, and other internet policy documents and mechanisms?

Since the 2009 IGF, the Internet Rights and Principles Coalition has organised a range of workshops and Coalition meetings looking at the application of human rights standards (primarily those espoused in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) to the Internet. In 2010 the previous draft of the IRP Charter (http://internetrightsandprinciples.org/site/charter/) was launched with a rigorous discussion about what correct interpretation of existing standards is and the role of different stakeholders in relation to these.

In 2011 the IRP Charter was distilled down to 10 key advocacy points, the Ten Internet Rights and Principles (http://internetrightsandprinciples.org/site/campaign/). These were debated as the Coalition undertook a closer analysis of the issue of copyright protection and how it interrelated with human rights on the internet. In 2012 the Coalition looked at how the Charter was feeding in to a derivative initiative at the Council of Europe to create a user-friendly Compendium of rights of internet users. The Coalition made a close analysis of the issue of anonymity online. This year we want to focus on human rights which, while contained in the Charter, have not received high levels of attention. We also want to loop in the work of Coalition members working on human rights, women’s rights, social, cultural and economic rights as well as the recent work of the Human Rights Council (which is the most authoritative global body applying human rights to the Internet) to incorporating human rights as an integral part of the internet governance field.

Has the proponent organised a workshop with a similar subject during past IGF meetings?
Yes

Indication of how the workshop will build on but go beyond the outcomes previously reached
The IRP Coalition launched the IRP Charter and Ten Principles in 2010/2011 (www.internetrightsandprinciples.org). These launches started a vigorous and productive chain of discussions and outreach initiatives in and around IGF Meetings. These were followed up in 2011 and 2012 with IGF workshops that focused in specific issues such as copyright, access as a right, and existing rights of internet users. This year we focus on human rights which, while contained in the Charter, have not received high levels of attention. We also want to loop in the work of Coalition members working on human rights, women’s rights, social, cultural and economic rights as well as the recent work of the Human Rights Council (which is the most authoritative global body applying human rights to the Internet) to incorporating human rights as an integral part of the internet governance field. Recent events underscore that the moment has come to ground human rights principles in internet governance practice as this affects everyday life, work, and government.

Background Paper

Download Background Paper

Session Type: Roundtable

Co-organisers

Ms. Dixie Hawtin, Global Partners and Associates, Private Sector, Western Europe and Others Group - WEOG
Ms. Joy Liddicoat, Association for Progressive Communications, Civil Society, New Zealand, Asia-Pacific Group
Ms. Marianne Franklin, Goldsmiths (University of London, UK)/ IRP Coalition), Civil Society, United Kingdom, Western Europe and Others Group - WEOG

Have the Proponent or any of the co-organisers organised an IGF workshop before?
Yes

The link(s) to the workshop report(s)

Panelists

Please click on the biography to view the profile of the panelists:

Joy Liddicoat, Association for Progressive Communications, Female, Civil Society, New Zealand, Western Europe and Others Group – WEOG
Biography
Frank La Rue, United Nations, Male, Civil Society, Guatemala, Latin American and Caribbean Group - Grulac
Asif Kabani, Ministry of Finance, Male, Government, Pakistan, Asia-Pacific Group
Biography
Carl Fredrik Wettermark, Ministry of Foreign Affairs, Male, Government, Sweden, Western Europe and Others Group – WEOG
Biography
Marianne Franklin, (IRP Coalition/Goldsmiths (University of London, UK), Female, Civil Society, New Zealand, Asia-Pacific Group
Biography
Pranesh Prakash, Centre for Internet and Society, Male, Civil Society, India, Asia-Pacific Group
Biography
Cornelia Kutterer, Microsoft, Female, Private Sector, BELGIUM, Western Europe and Others Group – WEOG
Biography
Michael Rotert, eco-German Internet Industry, Male, Technical Community, Germany, Western Europe and Others Group – WEOG
Biography

Moderator

Dixie Hawtin, Global Partners and Associates

Remote Moderator

Rebecca Zausmer, Global Partners and Associates

Agenda

This round table session explores the opportunities and challenges for upholding human rights standards on the internet using the IRP Charter of Human Rights and Principles for the Internet (http://internetrightsandprinciples.org/site/charter/). In tandem with the session on Disabilities and Indigenous rights this session aims to:

Address a number of human rights – moving beyond freedom of expression and privacy - to consider the IRP Charter provisions for socio-economic rights, education, women’s rights and rights of the visually impaired in the online environment.
Provide an assessment of the implementation of human rights standards on the internet o date.
Feed recommendations in to the IRP Coalition initiative to create a final version of the IRP Charter (in terms of substance, process, and uses of the document in practice)

The session will start by focusing on a selection of concrete examples (such as, the PRISM revelations, the Marrakesh Treaty on exceptions and limitations to copyright for the blind, racial discrimination, education rights online) before opening to a wider discussion. It brings together diverse perspectives on the relationship between human rights and internet policy, where the human rights movement needs to engage more or more effectively, and how the IRP Charter should be developed to assist this process. The outcomes of the workshop will feed into the IRP Coalition Meeting, ‘Towards the IRP Charter 2.0’.

Inclusiveness of the Session

Panellists will make short initial statements of up to 3 minutes, each will be tasked with a particular perspective to bring and enable several rounds of the table. It will also allow ample time for audience questions and comments. The audience will be invited to ask questions, and to answer questions which the moderators will pose to the floor.

Suitability for Remote Participation

Both the IRP and the APC have a good track record of marketing their workshops across a range of email lists, websites and social media to ensure that potential remote participants know about the workshop and can participate. Remote participants will be engaged by the remote moderator who will pose questions to them and facilitate an active remote conversation alongside the conversation in situ– making links between the two wherever possible.

Questions or Comments

Please note that Mr Frank La Rue has been invited. As his office needs some time to respond we have included his name as an unconfirmed participant for the time being.

Also a note on the number of participants:
As this is a roundtable, open discussion format there are more than five speakers in order to generate the range and depth needed for this sort of interactive and dynamic discussion. The IRP Coalition has taken the lead in instigating these sorts of discussion formats in multistakeholder meetings such as the UNESCO WSIS+10 event and the Lisbon EuroDIG. The session moderator is experienced for this format and the participants aware that long speeches are not required.

For more details visit https://cis-india.org/news/igf-2013-workshop-99-charting-the-charter-internet-rights-and-principles-online

Religious pluralism and freedom of expression in India, Europe and other countries

praskrishna — 2013-11-08T05:54:06Z

The Venice-Delhi Seminars are Reset-Dialogues on Civilizations project, in cooperation with the Jamia Millia Islamia, Seminar and the India Habitat Centre is organizing this event from October 10 to 12, 2013. Chinmayi Arun will be speaking at this event.

Click to read the full details published by Reset DOC on October 10, 2013.

This year, the Rome-based international association Reset-Dialogues on Civilizations will continue promoting dialogue between cultures and the culture of dialogue, reciprocal awareness between East and West and valorising the cultural, religious and political differences in a globalized world.

The schedule for autumn 2013 is as follows; the next Venice-Delhi Seminars will take place from October 10 to 12 in Delhi with the participation of the Indian magazine Seminar, and Jamia Millia Islamia, the Islamic University of Delhi and the India Habitat Centre. After the first meeting in the Indian capital in October 2010 on the subject “Minorities and Pluralism” (see Seminar 621, 2011) and a second meeting in Venice at the Giorgio Cini Foundation from October 18 to 20, 2012, dedicated to “Cultural differences in times of economic turbulence. Social tensions, cultural conflicts and policies of integration in Europe and India”, the Venice-Delhi Seminars have become a regular event, with one being held in Venice and the next in Delhi.

Pluralism

The project’s general framework is religious and cultural pluralism, seen through the perspective analysis of social and political processes and exchanges between East and West. Every encounter is an opportunity to deepen political, social and economic trends that run through society, like India’s and, increasingly, European society, where cultural, ethnic and political differences coexist and interact. Each meeting consists of five sessions lasting three days and papers presented by by experts and academics from all over the world attending roundtable discussions dedicated to the analysis of policies relating to minorities and the global challenge of the multi-ethnic composition of our societies.

The proceedings and more articles from our 2012 edition in Venice, Italy, are published in the September 2013 issue of Seminar magazine. You can visit its website here: www.india-seminar.com

10-12 October 2013 – Third Venice-Delhi Seminars
Coexistence and mutual respect, rights to be protected, freedom of speech and freedom of worship, blasphemy, the ethics of responsibility

The third Venice-Delhi Seminars will take place from October 10 to 12, 2013 in Delhi and will be dedicated to three days of study on the subject “Religious Pluralism and Freedom of Expression in India and Europe: Coexistence and Mutual Respect, Rights to Protect, Freedom of Speech and Freedom of Worship, Blasphemy, Ethics of Responsibility”. The objective of this second round of the “Plural Future” project will be to critically examine the growing tension between the democratic need to protect differences and the right to freedom of expression and the vital need for modern democracies to guarantee peaceful coexistence between majorities and minorities, as well as freedom of worship in conditions of cultural and religious pluralism protected from the extremist excesses of demands based on ethnicity and identity. We will therefore also analyze the public visibility of radical and extremist tendencies from the United States to Europe, to Muslim-majority countries and India.

Analysis will take place from a perspective paying particular attention to the manner in which this wave of violent opposition to dialogue and cultural differences challenges liberal democratic order, tested by a new need to implement rights and respect of minorities. Specific importance will be attributed to conditions experienced by Muslim and Christian minorities. The subject of respect between communities and the rights of minorities will be analyzed also in the European context. European, Indian and American scholars will attend.

Particular attention will paid to the media in this 2013 edition, and its role in portraying cultural and religious differences as well as its capacity to encourage or prevent the development of peaceful co-existence and an acceptance of differences in conditions of cultural, religious and ethnic pluralism.

The Reset-Dialogues on Civilizations project has been organised also so as to involve a large number of students, graduates and doctoral students.

For more details visit https://cis-india.org/news/resetdoc-october-10-2013-religious-pluralism-and-freedom-of-expression-in-india-europe-other-countries

Decline in web freedom steepest in India: Report

praskrishna — 2013-10-24T03:50:51Z

In a report on the state of internet in 60 countries, Freedom House, a US-based organization, said that in 2013 India saw the "most significant year-on-year decline" in terms of the web freedom.

The article by Javed Anwer was published in the Times of India on October 3, 2013. Sunil Abraham is quoted.

The report said that that the internet in India was "partly free". This is the same status that India had in 2012. But the country's score is now 47 points (higher means more censorship) in 2013 compared to 39 in 2012. The 8-point fall is the steepest Freedom House found among all 60 countries that the group surveyed. Freedom House said it recorded 5-point fall in Brazil, Venezuela and the US.

Despite mass surveillance revealed by Edward Snowden, a former contractor for National Security Agency in the US, Freedom House calls the web in the country "free".

The Freedom House report said that in 2013 India "suffered from deliberate interruptions of mobile and internet service to limit unrest, excessive blocks on content during rioting in northeastern states, and an uptick in the filing of criminal charges against ordinary users for posts of social media sites".

In 2013, India's commitment to the web freedom has not only been worse than developed countries but has also been inferior to countries like Malawi, Tunisia and Mexico.

In the case of India, Freedom House particularly singles out Central Monitoring System, which Indian government is putting in place to regulate and monitor the web usage within the country. "Surveillance (under CMS) requires no judicial oversight. While some of this activity might be justifiable, the lack of transparency surrounding the system, which was never reviewed by Parliament, is concerning," it notes in the report. "The system's potential for abuse is also disquieting, as is its inadequate legal framework.

The report cites the case of the girl who was arrested for liking a Facebook post in Maharashtra, blocking of some Twitter accounts belonging to Indian users, overly broad court directives that have resulted in blocking of websites and a general lack of transparency in how Indian government blocks or filters content reach a conclusion that Indians now have less freedom on how they use the web.

Sunil Abraham, director at Bangalore-based Centre for Internet and Society, says that Freedom House reports are not very accurate because they don't factor in censorship by copyright holders. But he agreed with its basic premise that in India conditions for web users are getting more difficult.

"The report is absolutely right in pointing out that censorship and surveillance in India is increasing. Despite protests from many quarters, it is a real pity that the government is not taking steps to amend the IT act and has joined other nation states in the global race to the bottom of the internet freedom," said Abraham.

Anja Kovacs, founder of Delhi-based Internet Democracy Project, agrees. "I have some issues with Freedom House reports due to how they are prepared and their methodologies. But yes I can say that last year has been very eventful and difficult," said. "But at the same time, there has also been a lot of push back from web users and activists. There have been conversations around the issue of web censorship, which is good."

Globally, the web surveillance is on the rise. "Broad surveillance, new laws controlling web content, and growing arrests of social-media users drove a worldwide decline in internet freedom in the past year," noted Freedom House.

Overall, 34 out of 60 countries part of the report saw a decline in the web freedom. "Vietnam and Ethiopia continued on a worsening cycle of repression; Venezuela stepped up censorship during presidential elections; and three democracies—India, the United States, and Brazil—saw troubling declines," noted the report.

Iceland and Estonia topped the list of countries with the greatest degree of internet freedom. China, Cuba, and Iran were found to be the most repressive countries.

For more details visit https://cis-india.org/news/times-of-india-october-3-2013-javed-anwer-decline-in-web-freedom-steepest-in-india

Facebook: Limiting access to social media can restrict freedom of speech

praskrishna — 2013-08-08T04:07:38Z

In its counter-affidavit to the PIL in the Delhi high court, Facebook has argued that limiting access to social media can limit an individual's freedom of speech and expression.

Kim Arora's article was published in the Times of India on August 1, 2013. Sunil Abraham is quoted.

The PIL, among other things, deals with the issue of minors accessing Facebook services, arguing that under the Indian Contract Act 1872, minors can't enter into a contract. The PIL will be heard next on Friday.

Last year, the UN Human Rights Council had passed a resolution declaring access to Internet as a human right. Facebook has argued making a similar point for access to social media. "The Internet is increasingly becoming a platform for citizens including minors to interact and voice their opinions and, therefore, a meaningful interpretation of the right to freedom of speech and expression would include the freedom to access social media," the counter-affidavit says.

"It can be argued that in a technologically mediated society, social media and communication infrastructure is essential to exercise freedom of expression," says Sunil Abraham, director, Bangalore-based Center for Internet and Society.

Cyber lawyer Pavan Duggal sees it as "hyperbole". "The issue still remains that a minor doesn't have the capacity to act under the Contract Act," he says. Lawyers say that if a contract is entered into for free service in exchange of personal information, it is a "consideration" (like cash or kind) under the Indian Contract Act 1872. The Act says, "All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void." It then lists minors as incompetent to contract, and says, "The agreement, if any party is minor, is void ab initio." However, Abraham points out that "It is not an offence to enter a void contract."

To weed out fake profiles and children's profiles, the PIL, filed by former RSS ideologue K N Govindacharya, argues that "obligation is cast upon Facebook and other social networking sites to verify the authenticity of each and every subscribers (sic) which is mandatory for Mobile companies in telecommunication sector.

Mumbai-based professor of law Saurav Datta feels this sort of authentication could have serious privacy implications. "There is no way they can verify users without impinging on their privacy. The goal of the PIL is wrong. We need to protect children, not keep people out," says Datta.

Abraham says that a possible way to deal with this can be on the lines of Canadian privacy law where a privacy commissioner can raise such concerns with the service provider directly.

For more details visit https://cis-india.org/news/the-times-of-india-aug-1-2013-kim-arora-facebook-limiting-access-to-social-media-can-restrict-freedom-of-speech

You Have the Right to Remain Silent

nishant — 2013-07-22T06:59:53Z

Reflecting upon the state of freedom of speech and expression in India, in the wake of the shut-down of the political satire website narendramodiplans.com.

Nishant Shah's column was published in Down to Earth on July 17, 2013.

It took less than a day for narendramodiplans.com, a political satire website that had more than 60,000 hits in the 20 hours of its existence, to be taken down. A simple webpage that showed a smiling picture of Narendra Modi, the touted candidate for India’s next Prime Ministerial campaign, flashing his now trademark ‘V’ for ~~Vengeance~~ Victory sign. At the first glimpse it looked like another smart media campaign by the net-savvy minister who has already made use of the social web quite effectively, to connect with his constituencies and influence the younger voting population in the country. Below the image of Mr. Modi was a text that said, "For a detailed explanation of how Mr. Narendra Modi plans to run the nation if elected to the house as a Prime Minister and also for his view/perspective on 2002 riots please click the link below." The button, reminiscent of 'sale' signs on shops that offer permanent discounts, promised to reveal, for once and for all, the puppy plight of Mr. Modi's politics and his plans for the country that he seeks to lead.

However, when one tried to click on the button, hoping, at least for a manifesto that combined the powers of Machiavelli with the sinister beauty of Kafka, it proved to be an impossible task. The button wiggled, and jiggled, and slithered all over the page, running away from the mouse following it. Referencing the layers of evasive answers, the engineered Public Relations campaigns that try to obfuscate the history to some of the most pointed questions that have been posited to the Modi government through judicial and public forums, the button never stayed still enough to actually reveal the promised answers. For people who are familiar with the history of such political satire and protest online would immediately recognise that this wasn’t the most original of ideas. In fact, it was borrowed from another website - http://www.thepmlnvision.com/ that levelled similar accusations of lack of transparency and accountability on the part of Nawaz Sharif of Pakistan. Another instance, which is now also shut down, had a similar deployment where the webpage claimed to give a comprehensive view into Rahul Gandhi’s achievements, to question his proclaimed intentions of being the next prime-minister. In short, this is an internet meme, where a simple web page and a java script allowed for a critical commentary on the future of the next elections and the strengthening battle between #feku and #pappu that has already taken epic proportions on Twitter.

The early demise of these two websites (please do note, when you click on the links that the Nawaz Sharif website is still working) warns us of the tightening noose around freedom of speech and expression that politicos are responsible for in India. It has been a dreary last couple of years already, with the passing of the Intermediaries Liabilities Rules as an amendment to the IT Act of India, Dr. Sibal proposing to pre-censor the social web in a quest to save the face of erring political figures, teenagers being arrested for voicing political dissent, and artists being prosecuted for exercising their rights to question the state of governance in our country. Despite battles to keep the web an open space that embodies the democratic potentials and the constitutional rights of freedom of speech and expression in the country, it has been a losing fight to keep up with the ad hoc and dictatorial mandates that seem to govern the web.


Above is a screen shot from narendramodiplans.com website

We have no indication of why this latest piece of satirical expression, which should be granted immunity as a work of art, if not as an individual’s right to free speech, was suddenly taken down. The website now has a message that says, “I quit. In a country with freedom of speech, I assumed that I was allowed to make decent satire on any politician more particularly if it is constructive. Clearly, I was wrong.” The web is already abuzz with conspiracy theories, each sounding scarier than the other because they seem so plausible and possible in a country that has easily sacrificed our right to free speech and expression at the altar of political egos. And whether you subscribe to any of the theories or not, whether your sympathies lie with the BJP or with the UPA, whether or not you approve of the political directions that the country seems to be headed in, there is no doubt that you should be as agitated as I am, about the fact that we are in a fast-car to blanket censorship, and we are going there in style.

What happens online is not just about this one website or the one person or the one political party – it is a reflection on the rising surveillance and bully state that presumes that making voices (and sometimes people) invisible, is enough to resolve the problems that they create. And what happens on the web is soon going to also affect the ways in which we live our everyday lives. So the next time, you call some friends over for dinner, and then sit arguing about the state of politics in the country, make sure your windows are all shut, you are wearing tin-foil hats and if possible, direct all conversations to the task of finally finding Mamta Kulkarni. Because anything else that you say might either be censored or land you in a soup, and the only recourse you might have would be a website that shows the glorious political figures of the country, with a sign that says “To defend your right to free speech and expression, please click here”. And you know that you are never going to be able to click on that sign. Ever.

For more details visit https://cis-india.org/internet-governance/blog/down-to-earth-july-17-2013-nishant-shah-you-have-the-right-to-remain-silent

Can India Trust Its Government on Privacy?

pranesh — 2013-07-15T10:35:33Z

In response to criticisms of the Centralized Monitoring System, India’s new surveillance program, the government could contend that merely having the capability to engage in mass surveillance won’t mean that it will. Officials will argue that they will still abide by the law and will ensure that each instance of interception will be authorized.

Pranesh Prakash's article was published in the New York Times on July 11, 2013.

In fact, they will argue that the program, known as C.M.S., will better safeguard citizens’ privacy: it will cut out the telecommunications companies, which can be sources of privacy leaks; it will ensure that each interception request is tracked and the recorded content duly destroyed within six months as is required under the law; and it will enable quicker interception, which will save more lives. But there are a host of reasons why the citizens of India should be skeptical of those official claims.

Cutting out telecoms will not help protect citizens from electronic snooping since these companies still have the requisite infrastructure to conduct surveillance. As long as the infrastructure exists, telecom employees will misuse it. In a 2010 report, the journalist M.A. Arun noted that “alarmingly, this correspondent also came across several instances of service providers’ employees accessing personal communication of subscribers without authorization.” Some years back, K.K. Paul, a top Delhi Police officer and now the Governor of Meghalaya, drafted a memo in which he noted mobile operators’ complaints that private individuals were misusing police contacts to tap phone calls of “opponents in trade or estranged spouses.”

India does not need to have centralized interception facilities to have centralized tracking of interception requests. To prevent unauthorized access to communications content that has been intercepted, at all points of time, the files should be encrypted using public key infrastructure. Mechanisms also exist to securely allow a chain of custody to be tracked, and to ensure the timely destruction of intercepted material after six months, as required by the law. Such technological means need to be made mandatory to prevent unauthorized access, rather than centralizing all interception capabilities.

At the moment, interception orders are given by the federal Home Secretary of India and by state home secretaries without adequate consideration. Every month at the federal level 7,000 to 9,000 phone taps are authorized or re-authorized. Even if it took just three minutes to evaluate each case, it would take 15 hours each day (without any weekends or holidays) to go through 9,000 requests. The numbers in Indian states could be worse, but one can’t be certain as statistics on surveillance across India are not available. It indicates bureaucratic callousness and indifference toward following the procedure laid down in the Telegraph Act.

In a 1975 case, the Supreme Court held that an “economic emergency” may not amount to a “public emergency.” Yet we find that of the nine central government agencies empowered to conduct interception in India, according to press reports — Central Board of Direct Taxes, Intelligence Bureau, Central Bureau of Investigation, Narcotics Control Bureau, Directorate of Revenue Intelligence, Enforcement Directorate, Research & Analysis Wing, National Investigation Agency and the Defense Intelligence Agency — three are exclusively dedicated to economic offenses.

Suspicion of tax evasion cannot legally justify a wiretap, which is why the government said it had believed that Nira Radia, a corporate lobbyist, was a spy when it defended putting a wiretap on her phone in 2008 and 2009. A 2011 report by the cabinet secretary pointed out that economic offenses might not be counted as “public emergencies,” and that the Central Board of Direct Taxes should not be empowered to intercept communications. Yet the tax department continues to be on the list of agencies empowered to conduct interceptions.

India has arrived at a scary juncture, where the multiple departments of the Indian government don’t even trust each other. India’s Department of Information Technology recently complained to the National Security Advisor that the National Technical Research Organization had hacked into National Informatics Center infrastructure and extracted sensitive data connected to various ministries. The National Technical Research Organization denied it had hacked into the servers but said hundreds of e-mail accounts of top government officials were compromised in 2012, including those of “the home secretary, the naval attaché to Tehran, several Indian missions abroad, top investigators of the Central Bureau of Investigation and the armed forces,” The Mint newspaper reported. Such incidents aggravate the fear that the Indian government might not be willing and able to protect the enormous amounts of information it is about to collect through the C.M.S.

Simply put, government entities have engaged in unofficial and illegal surveillance, and the C.M.S. is not likely to change this. In a 2010 article in Outlook, the journalist Saikat Datta described how various central and state intelligence organizations across India are illegally using off-the-air interception devices. “These systems are frequently deployed in Muslim-dominated areas of cities like Delhi, Lucknow and Hyderabad,” Mr. Datta wrote. “The systems, mounted inside cars, are sent on ‘fishing expeditions,’ randomly tuning into conversations of citizens in a bid to track down terrorists.”

The National Technical Research Organization, which is not even on the list of entities authorized to conduct interception, is one of the largest surveillance organizations in India. The Mint reported last year that the organization’s surveillance devices, “contrary to norms, were deployed more often in the national capital than in border areas” and that under new standard operating procedures issued in early 2012, the organization can only intercept signals at the international borders. The organization runs multiple facilities in Mumbai, Bangalore, Delhi, Hyderabad, Lucknow and Kolkata, in which monumental amounts of Internet traffic are captured. In Mumbai, all the traffic passing through the undersea cables there is captured, Mr. Datta found.

In the western state of Gujarat, a recent investigation by Amitabh Pathak, the director general of police, revealed that in a period of less than six months, more than 90,000 requests were made for call detail records, including for the phones of senior police and civil service officers. This high a number could not possibly have been generated from criminal investigations alone. Again, these do not seem to have led to any criminal charges against any of the people whose records were obtained. The information seems to have been collected for purposes other than national security.

India is struggling to keep track of the location of its proliferating interception devices. More than 73,000 devices to intercept mobile phone calls have been imported into India since 2005. In 2011, the federal government asked various state governments, private corporations, the army and intelligence agencies to surrender these to the government, noting that usage of any such equipment for surveillance was illegal. We don’t know how many devices were actually turned in.

These kinds of violations of privacy can have very dangerous consequences. According to the former Intelligence Bureau head in the western state of Gujarat, R.B. Sreekumar, the call records of a mobile number used by Haren Pandya, the former Gujarat home minister, were used to confirm that it was he who had provided secret testimony to the Citizens’ Tribunal, which was conducting an independent investigation of the 2002 sectarian riots in the state. Mr. Pandya was murdered in 2003.

The limited efforts to make India’s intelligence agencies more accountable have gone nowhere. In 2012, the Planning Commission of India formed a group of experts under Justice A.P. Shah, a retired Chief Justice of the Delhi High Court, to look into existing projects of the government and to suggest principles to guide a privacy law in light of international experience. (Centre for Internet and Society, where I work was part of the group). However, the government has yet to introduce a bill to protect citizens’ privacy, even though the governmental and private sector violations of Indian citizens’ privacy is growing at an alarming rate.

In February, after frequent calls by privacy activists and lawyers for greater accountability and parliamentary oversight of intelligence agencies, the Centre for Public Interest Litigation filed a case in the Supreme Court. This would, one hopes, lead to reform.

Citizens must also demand that a strong Privacy Act be enacted. In 1991, the leak of a Central Bureau of Investigation report titled “Tapping of Politicians’ Phones” prompted the rights groups, People’s Union of Civil Liberties to file a writ petition, which eventually led to a Supreme Court of India ruling that recognized the right to privacy of communications for all citizens as part of the fundamental rights of freedom of speech and of life and personal liberty. However, through the 2008 amendments to the Information Technology Act, the IT Rules framed in 2011 and the telecom licenses, the government has greatly weakened the right to privacy as recognized by the Supreme Court. The damage must be undone through a strong privacy law that safeguards the privacy of Indian citizens against both the state and corporations. The law should not only provide legal procedures, but also ensure that the government should not employ technologies that erode legal procedures.

A strong privacy law should provide strong grounds on which to hold the National Security Advisor’s mass surveillance of Indians (over 12.1 billion pieces of intelligence in one month) as unlawful. The law should ensure that Parliament, and Indian citizens, are regularly provided information on the scale of surveillance across India, and the convictions resulting from that surveillance. Individuals whose communications metadata or content is monitored or intercepted should be told about it after the passage of a reasonable amount of time. After all, the data should only be gathered if it is to charge a person of committing a crime. If such charges are not being brought, the person should be told of the incursion into his or her privacy.

The privacy law should ensure that all surveillance follows the following principles: legitimacy (is the surveillance for a legitimate, democratic purpose?), necessity (is this necessary to further that purpose? does a less invasive means exist?), proportionality and harm minimization (is this the minimum level of intrusion into privacy?), specificity (is this surveillance order limited to a specific case?) transparency (is this intrusion into privacy recorded and also eventually revealed to the data subject?), purpose limitation (is the data collected only used for the stated purpose?), and independent oversight (is the surveillance reported to a legislative committee or a privacy commissioner, and are statistics kept on surveillance conducted and criminal prosecution filings?). Constitutional courts such as the Supreme Court of India or the High Courts in the Indian states should make such determinations. Citizens should have a right to civil and criminal remedies for violations of surveillance laws.

Indian citizens should also take greater care of their own privacy and safeguard the security of their communications. The solution is to minimize usage of mobile phones and to use anonymizing technologies and end-to-end encryption while communicating on the Internet. Free and open-source software like OpenPGP can make e-mails secure. Technologies like off-the-record messaging used in apps like ChatSecure and Pidgin chat conversations, TextSecure for text messages, HTTPS Everywhere and Virtual Private Networks can prevent Internet service providers from being able to snoop, and make Internet communications anonymous.

Indian government, and especially our intelligence agencies, violate Indian citizens’ privacy without legal authority on a routine basis. It is time India stops itself from sleepwalking into a surveillance state.

For more details visit https://cis-india.org/internet-governance/blog/new-york-times-july-11-2013-can-india-trust-its-government-on-piracy

Indian govt blocks 40 smut sites, forgets to give reason

praskrishna — 2013-07-01T09:04:26Z

Don't mind us, we're just censoring your content for you...

The article by Phil Muncaster was published in "The Register" on June 27, 2013. Sunil Abraham is quoted.

The Indian government has ordered ISPs to block 39 smut flick web sites hosted outside the country without giving any explanation, stoking further fears of online censorship by the back door.

Most of the sites are web forums and so allow for the uploading of naughty images and URLs where smut-seekers can download their grumble flicks, according to Times of India.

However, the sites claim to operate under the 18 USC 2257 rule, meaning actors are (supposedly) over 18 years of age, and there is apparently no indication from the Department of Telecom's order why ISPs are being asked to comply.

The message greeting web users who try to visit a blocked site now reads as follows:

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

While the law, updated in 2011, does forbid production, transmission and sharing of smutty content in India - therefore requiring internet cafes, for example, to block such content - there is no ban on consumption, especially from sites hosted outside India.

Sunil Abraham, director of Indian not-for-profit the Centre for Internet and Society, told ToI that the government is probably interpreting the law to serve its own ends, and that its ISP order “is a clear overreach”.

The Union government has certainly been quick in the past to order blocks on any content deemed inappropriate.

Facebook and Google were forced to remove “objectionable content” from their Indian sites last year after complaints it was offensive to Muslims, Hindus and Christians.

The government was also one of many across the globe to force Google to block notorious YouTube video Innocence of Muslims.

A controversial anti-piracy ruling last June, meanwhile, led to a clumsy, large-scale block on a number of legitimate sites in the country – drawing the ire of hacktivist group Anonymous.

The government also closed hundreds of sites and social media accounts in August last year in a bid to prevent the escalation of sectarian violence across the country.

In fact, the number of content removal requests received by Google increased by 90 per cent from July-December 2012 compared with the previous six months.

For these reasons, India only enjoys “Partly Free” status, according to the Freedom on the Net 2012 report from not-for-profit Freedom House.

For more details visit https://cis-india.org/news/the-register-phil-muncaster-june-27-2013-indian-govt-blocks-40-smut-sites-forgets-to-give-reason

Govt goes after porn, makes ISPs ban sites

praskrishna — 2013-07-01T10:11:29Z

The government has decided to put a blanket ban on several websites that allow users to share pornographic content.

The article by Javed Anwer was published in the Times of India on June 26, 2013. Sunil Abraham is quoted.

In an order dated June 13, department of telecom (DoT) has directed internet service providers (ISPs) to block 39 websites. Most of them are web forums, where internet users share images and URLs to download pornographic files. But some of these websites are also image hosts and file hosts, mostly used to store and share files that are non-pornographic.

While watching or distributing child pornography is illegal in India, watching adult pornography is not banned. The blocked websites are hosted outside India and claim to operate under the 18 USC 2257 rule enforced by the US. The rule specifies that producers of pornographic material are required to retain records showing performers were over 18 years of age at the time of video or image shoot.

The DoT order doesn't specify any reason or law under which the websites have been blocked. It says, "It has been decided to immediately block the access to the following URLs... you are accordingly directed to immediately block the access to above URLs."

If a user visits the blocked website, he/she is either shown a blank page or a message telling "this website has been blocked until further notice either pursuant to court orders or on the directions issued by the Department of Telecommunications".

A senior DoT official, who pleaded anonymity because he is not authorized to speak to the media, said the department was just following the orders issued by cyber security coordination committee and hence could not talk about the specific reasons behind the block.

Centre for Internet and Society (CIS), a Bangalore-based organization, says blocking of pornographic website is overreach on the part of the government.

"In the case of file hosts and image hosts, which people use for various purposes including for storing personal files, the DoT order is a clear overreach," said Sunil Abraham, director of CIS. "Even in the case of pornography, there is nothing in the IT Act that can be used to block websites hosted outside in India."

He added, "There is a possibility that government is interpreting some sections of the IT Act to suit its purpose but I feel that is wrong and should be challenged in the court by ISPs if they care about the rights of their users."

Rajesh Chharia, president of Internet Service Providers Association of India, said that it was not possible for ISPs to pushback orders from DoT. "We are the licensee and we have to operate under the laws... we can't pushback," he said.

"But I feel ideally the government should ask the people who have produced objectionable content to remove it from the web if these people are in India... If they are outside, the websites should be blocked at the international cable landing stations. Involving 150-odd ISPs to implement an order is not the right way to do it," added Chharia.

Though IT Act doesn't criminalize watching porn, the new rules notified in 2011 have certain provisions that show the government wants to dictate what people watch or do not watch on the web. For example, the rules ask an intermediary like an ISP to "inform users of computer resources not to host, display, upload, modify, publish, and transmit any information that is obscene and pornographic".

The rules meant for cyber cafe owners specify that they "shall display a board, clearly visible to the users, prohibiting them from viewing pornographic sites as well as copying or downloading information which is prohibited under the law".

Abraham says that going after pornographic websites, and that too in a non-transparent manner, serves no purpose.

"I have travelled to China and Middle East and have seen that people access pornographic websites using various web tools. In fact, by banning websites the governments have made it more alluring for users to watch and access pornography," he said. None of the western democracies have explicit ban on pornography.

Abraham added that Indian government should also be more transparent about blocking websites because the current method was prone to abuse. "They should notify owner of the blocked website, clearly tell web users why a website is getting blocked and tell public how many websites they have blocked."

For more details visit https://cis-india.org/news/times-of-india-javed-anwer-june-26-2013-govt-goes-after-porn-makes-isps-ban-sites

Facebook, Google deny spying access

praskrishna — 2013-07-02T10:18:48Z

The CEOs of Facebook and Google on Saturday categorically denied that the US National Security Agency had "direct access" to their company servers for snooping on Gmail and Facebook users. But both acknowledged that the companies complied with the 'lawful' requests made by the US government and shared user data with sleuths.

The article by Javed Anwer was published in the Times of India on June 9, 2013. Pranesh Prakash is quoted.

In a post titled "What the ...?" Google's official blog, CEO Larry Page wrote, "We have not joined any program that would give the US governmentâ€”or any other governmentâ€”direct access to our servers. We had not heard of a program called PRISM until yesterday."

A few hours later, Facebook CEO Mark Zuckerberg responded. "Facebook is not and has never been part of any program to give the US or any other government direct access to our servers... We hadn't even heard of PRISM before yesterday," he wrote on his page at the social media site.

According to a few PowerPoint slides allegedly leaked by an NSA official, nine technology companies - Google, AOL, Apple, Yahoo, Microsoft, Skype, Facebook, YouTube and PalTalk - are providing the US government easy access to user data. While all companies have denied being part anything called PRISM, Facebook and Google have been most vocal about it.

A few hours after Facebook and Google statements, the New York Times said in a report that technology companies had "opened discussions with national security officials about developing technical methods to more efficiently and securely share the personal data of foreign users".

"In some cases, they (companies) changed their computer systems to do so," noted the NYT report.

The statements by the CEOs have done little to allay privacy fears. "The denials from the companies look highly coordinated, including similar phrases in all their responses. I don't think they are lying outright, though the NYT report suggests that they are telling a half-truth. They may not provide the US government 'direct access' to all their servers, but may be providing indirect access, or may just be responding to very broad FISA orders," said Pranesh Prakash, a policy director with Centre for Internet and Society in India.

On Friday US president Barack Obama had tacitly acknowledged NSA surveillance programmes aimed at non-US citizens. "You can't have a hundred per cent security and also then have a hundred per cent privacy and zero inconvenience. You know, we're going to have to make some choices as a society," he told reporters in the US.

Page and Zuckerberg also called on the governments to be more open about surveillance programmes. "The level of secrecy around the current legal procedures undermines the freedoms we all cherish," wrote Page.

Added Zuckerberg, "We strongly encourage all governments to be much more transparent about all programs aimed at keeping the public safe. It's the only way to protect everyone's civil liberties and create the safe and free society we all want over the long term."

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