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Locating Constructs of Privacy within Classical Hindu Law

Ashna Ashesh and Bhairav Acharya — 2015-01-01T13:56:04Z

This white paper seeks to locate privacy in Classical Hindu Law, and by doing so, displace the notion that privacy is an inherently ‘Western’ concept that is the product of a modernist legal system.

Introduction: Conceptions of Privacy

Because of the variance exhibited by the various legal, social, and cultural aspects of privacy, it cannot be easily defined. As a legal concept, privacy may form a constitutional claim, a statutory entitlement, a tortious action or an equitable remedy. As a constitutional claim, privacy is either an explicitly recognised right that is capable of independent enforcement, read into a pre-existing right , or located within the penumbra of a larger right. Statutory recognition of privacy may be afforded by both criminal and civil statutes. The offence of criminal defamation for instance, is perceived as an act of violating an individual's privacy by tarnishing his or her reputation. Similarly the provision of in camera trials for divorce proceedings is an illustration of a civil statute implicitly recognising privacy. As a tortious claim the notion of privacy is commonly understood in terms of the right against trespass of property. Equity, co-terminus with a statutory mandate or in isolation, may also be a source of privacy.

Most legal conceptions of privacy in everyday use in India originated from the English common law. Other constitutional and statutory constructions of privacy, even when not found in the common law, arise within a broader modernist system of law and justice that originated in Europe. During the European colonisation of India, the British (and, in a different manner, the French ) attempted to recreate the common law in India through the establishment of a new legal and courts system, and the wholesale importation of the European idea of law. The very notion of privacy, as well as its legal conception, is a product of this legal modernity. In post-colonial societies, the argument against the right to privacy is usually premised on its perceived alien-ness - as a foreign idea brought by colonisers and imposed on a traditionalist society that favoured communitarian living over individual rights - in an effort to discredit it.

The fallacy of this argument lies in its ignorance of the cultural plurality of privacy. To begin with, the idea that is connoted by the modernist notion of privacy pre-dated the introduction of common law in India. By the time of the Enlightenment, Hindu law and Islamic law were established legal systems with rich histories of jurisprudence and diverse schools of law within them, each with their own juristic techniques and rules of interpretation. While neither Hindu law nor Islamic law use a term that readily translates to "privacy", thereby precluding a neat transposition of meanings between them, the notion of privacy existed and can be located in both the legal traditions. In this paper, the term 'privacy' is used to describe both the modernist notion that arises from the principle of personal autonomy as well as the diverse pre-modern concepts in Hindu and Islamic jurisprudence that resemble or relate to this notion. These pre-modern concepts are diverse, and do not permit an easy analysis. For instance, the Manusmriti, which is a source of classical Hindu law, prohibits bathing in tanks that belong to other men. Additionally it prohibits the use of wells, gardens, carriages, beds, seats and houses without the owner's permission. These prohibitions are not driven by the imperatives of privacy alone. The rationale is that in using others' belongings one appropriates a portion of their sins. Hence, these privacy protections are linked to an ideal of purity. Islamic law also restricts the use or misappropriation of another's property. However, this prohibition is designed to protect private property; it has no ideological link to purity.

This paper attempts to locate constructs of privacy in classical Hindu law. The purpose of this exercise is not to privilege one legal system over another. Therefore, we do not intend to normatively assess the existing modernist discourse on privacy. We simply seek to establish the existence of alternate notions of privacy that pre-date modernity and the common law.

The scope of the paper is confined to locating privacy in classical Hindu law. The materials within the realm of classical Hindu law, relevant to this exercise are- the sruti, smriti, and acara. Sruti comprises of the Vedas, Brahmanas, Aranyakas and the Upanishads. It is considered to symbolise the spirit of Hindu law and is not the source of any positivist command as such. Smriti involves various interpretations of the sruti, We have however restricted ourselves to the Dharmashastras in this realm. Acara refers to the body of customary practices.

The review of the material at hand however, is not exhaustive. The reasons for this are twofold- first, given the vast expanse of Hindu jurisprudence, the literature review has been limited; second, there is a limited availability of reliable English translations of ancient legal treatises.

This paper is divided into two parts. The first part of this paper deals with the interface of colonisation with Hindu law and elucidates the nature of Hindu law. With the advent of colonialism, classical Hindu law was gradually substituted by a modernist legal system. Exploring the characteristics of modernity, the factors that contributed to the displacement of classical Hindu law will be identified.

One of the factors that contributed to the displacement was the uncertainty that characterised classical Hindu law. Classical Hindu law was an amalgamation of three sources, as. In an attempt to rule out the uncertainty, and the lack of positive command, the modernisation of Hindu law was brought about. Accordingly this part shall also examine the nature of Hindu law. Furthermore it shall determine whether the application of codified modern Hindu law, is informed by the precepts of classical Hindu law.

Having explicated the nature of Hindu law, the next part will focus on identifying instances of privacy in classical Hindu law.

Before ascertaining specific instances, however, this part will lay down a general understanding of privacy as it existed then. It will be demonstrated that regardless of the absence of an equivalent term, an expectation of privacy existed.

The specific illustrations of privacy will then be mapped out.

Given the different aspects wherein an expectation of privacy exists, there is also a possibility of competing claims. In the event that such conflicts arise, this part will attempt to resolve the same.

Part 1: The Transmogrification of the Nature of Hindu Law

The evolution of Hindu jurisprudence can be charted through three phases- classical, colonial, and modern.

In the classical phase, it was embodied by the Dharmashastra which elaborated on customary practices, legal procedure, as well as punitive measures. The Dharamshastra was accompanied by the Vedas, and acara. Whether this body of jurisprudence could be called 'law' in the strict modernist sense of the term is debatable.

Modernity has multifarious aspects. However, we are concerned with modernity in the context of legal systems, for the purpose of this paper. The defining attribute of a modernist legal system is the need for positivist precepts that are codified by a legislature. The underlying rationale for formalised legislation is the need for certainty in law. Law is to be uniformly applied within the territory. The formalised legislation is to be enforced by hierarchized courts. Furthermore this codified law can be modified through provisions for amendment, if need be.

This modernist understanding is what informs the English common law. With the advent of colonialism, common law was imported to India. The modernist legal system was confronted by plural indigenous legal systems here that were starkly different in nature. In the given context, the relevant indigenous system is classical Hindu law. The classical precepts were interpreted by the British. These interpretations coupled with the sources of Classical Hindu law, constituted colonial Hindu law.

It is pertinent to note that these interpretations were undertaken through a modernist lens. The implication was the attempted modernisation of a traditional legal system.

The traditional system of Classical Hindu law did not exhibit any of the introduced features. To begin with not all of classical Hindu law was text based. The problem with the textual treatises was threefold. First, they were not codes enacted by a legislature, but written by various scholars. Second, they were not phrased as positivist precepts. Third, their multiplicity was accompanied with the lack of an established hierarchy between these texts.

Additionally classical Hindu law was the embodiment of dharma, which in itself was an amorphous concept. The constitutive elements ofdharma were law, religious rites, duties and obligations of members of a community, as well as morality. These elements do not however, exhaustively define dharma. There exist varying definitions of dharma, and in some cases even ancient texts dealing with dharma fail to articulate its definition. This is on account of the fact that the meaning of dharma, varied depending on the in which it is used Owing to the fact that classical Hindu jurisprudence was informed by dharma, the former was an amalgamation of law, religion and morality. Therefore it was categorised as jurisprudence that lacked the secularity exhibited by modern positivist law.

The co-existence of law and morality in classical Hindu law has led to various debates regarding its nature. Before explicating the nature of classical Hindu law, its sources must be elaborated on. As referred to, the sources are sruti, smriti, and acara.

Sruti is constituted by the Vedas, Brahmanas, Aranyakas, and Upanishads. Vedas are divine revelations that contain no positive precept per se. They are considered as the spirit of law, and believed to be the source of the rules of dharma. The Vedas are constituted by the Rigveda, Samveda, Yajurveda and Athravaveda. Based on the Vedic texts, treatises have been written elucidating religious practices. These texts are known as the Brahmanas. The Aranyakas and the Upanishads engage in philosophical enquiries of the revelation in the Vedas.

Interpretations of the Sruti by various scholars are embodied in the Smriti. The connotations of smriti are twofold. First, it implies knowledge transmitted through memory, as opposed to knowledge directly revealed by divinity. Additionally, it is the term used to collectively reference the Dharmasutras and Dharmashastra.

Dharmasutras were essentially interpretations of revelation in only prose form, or a mixture of prose and verse. They detailed the duties and rituals to be carried out by a person, through the four stages, of his or her life. The duties laid down also varied depending on the caste of a person. They also laid down guidelines for determining punishments.

Dharmasastras on the other hand were in the verse form. Though their subject matter coincided with the Dharmasutra in terms of domestic duties and rituals, they had a wider ambit. The Dharmasastras also dealt with subjects such as statecraft, legal procedure for adjudicating disputes. In a limited way, they marked the diversification from strictly religious precepts, from those that were legal in nature. For instance the Manusmriti was an amalgamation of law and ritual. The Yajnawalkya Samhita however, has separate parts that deal with customary practices, legal procedure, and punitive measures. The Narada Smriti, in turn deals only with legal procedure and rules of adjudication.

It is opined that in due course of time, the Aryan civilisation diversified. Their life and literature were no longer limited to sacrificial practices, but took on a more 'secular' form. The Arthashastra is evidence of such diversification. Unlike the Dharmashastra, it deals with strategies to be employed in governance, regulations with regard to urban planning, commercialisation of surrogacy, espionage, among other things.

The third source of classical Hindu law, acara refers to customary practices and their authoritativeness was determined by the people. Their prevalence over textual tradition is contentious. Some opine that acara prevails over textual traditions. However, the opposing school of thought believes that customary practices prevail only if the text is unclear or disputed.

Other sources of classical Hindu law include the itihas (epics such as the Mahabharata and Ramayana), and digests written by scholars.

Given the diversity of sources and its non-conformity to positivism, the nature of classical Hindu law is a heavily contested issue. For instance, with regard to the legal procedure in the Dharmashastra, Maynes opines that these rules qualified as law in the modernist sense. Ludo Rocher however, opines that textual treatises would not qualify as law. Classical Hindu law can admittedly not be identified as strictly legal or strictly moral. However, it does in a limited way recognise the distinction between legal procedure and morality. This is to say, it is not merely a source of rituals, but also lays down precepts that are jurisprudentially relevant.

On account of its non-conformity with characteristics of a modernist legal system, classical Hindu law was displaced by its colonial version. The British attempted to accomplish this though the process of codification. The colonial attempts to codify Hindu law were carried forward by the Indian government post-independence. The result was the Hindu Code Bill. The context in which this codification took place must be examined in order to better comprehend this transmogrification. Post-independence, the idea of a Uniform Civil Code had been debated. However it was at odds with the Nehruvian notion of secularity. The codification of Hindu personal law was an attempt at modernising it, without infringing on the religious freedom of Hindus. The idea was to confine the influence of religion to the private sphere. What emerged was the Hindu Code Bill, which served as the blueprint for the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act and, the Hindu Adoption and Maintenance Act. Colonial Hindu law was thus displaced by modern Hindu law.

As Galanter observes however, modernisation through legislations may formalise or even modify classical precepts, but cannot erase them completely. For instance, Section 7 of the Hindu Marriage Act, which prescribes the ceremonial requirements for a Hindu marriage, replicates those prescribed in Classical Hindu law. Additionally a plethora of judicial decisions have relied on or taken into consideration, precepts of ancient Hindu jurisprudence.

It is evident thus that ancient precepts still inform modern Hindu law. Given their relevance, it would be erroneous to write off classical Hindu law as completely irrelevant in a modernist context.

Part II: Precepts of Privacy in Classical Hindu Law

As referred to, we have not come across a terminological equivalent of the term 'privacy' in the course of our research. The linguistic lacuna is admittedly a hurdle in articulating the pre-modern understanding of privacy as found in Hindu jurisprudence. It is not however, an argument against the very existence of privacy. The lack of pre-modern terminology necessitates the usage of modern terms in classifying the aspects of privacy detailed in Hindu jurisprudence.

Thus, broadly speaking, the aspects of privacy we have culled out from the material at hand are those of physical space/ property, thought, bodily integrity, information, communication, and identity. As will be demonstrated these aspects overlap on occasion and are by no means an exhaustive indication. In order to contextualise these aspects within the realm of Hindu jurisprudence, they are detailed below through specific illustrations.

A. Privacy of physical Space/ property

Akin to the modern legal system that first understood privacy in proprietary terms, Hindu jurisprudence too accorded importance to privacy in terms of physical space. This is further illustrated by the similarity between the common law notion of a man's house being his castle, and the institutional primacy accorded by the Naradsmriti to the household . The common denominator here is the recognition of a claim to privacy against the sovereign. This claim operated against society at large as well. For instance, an individual caught trespassing on someone else's property was liable to be fined.

These religious precepts were supplemented by those reflected in texts such as the Arthashastra. By way of illustration the house building regulations prescribed by it are largely informed by the recognition of a need for privacy. To begin with, a person's house should be built at a suitable distance from a neighbour's house, to prevent any inconvenience. In addition the house's doors and windows should ideally not face a neighbours doors and windows directly. The occupants of the house should ensure the doors and windows are suitably covered. Furthermore in the absence of a compelling justification, interference in a neighbour's affairs is penalised.Juxtaposed to religious texts that often perceived privacy as a concept driven by the imperative of purity, the Arthashastra is reflective of a secular connotation of privacy.

Though the household was privileged as the foundational institution in Hindu jurisprudence, claims of privacy extend beyond one's house to other physical objects as well, regardless of whether they were extensions of the household or not. For instance, both the Yajnawalkya Samhita and the Manusmriti condemn the usage of another person's property without his or her permission.

What is noteworthy in the context of personal property is that in an era infamous for the denigration of women, Hindu jurisprudence recognised a woman's claim over property. This property, also known as Stridhana, had varied definitions. In the Yajnawalkya Samhita for instance, it is conceptualised as, "What has been given to a woman by the father, the mother, the husband or a brother, or received by her at the nuptial fire, or given to her on her husband's marriage with another wife, is denominated Stridhana or a woman's property". In the Manusmriti, it is defined as "What was given before the nuptial fire, what was given on the bridal procession, what was given in token of love, and what was received from her brother, mother, or father, that is called the sixfold property of a woman".

Beyond mere cognizance of proprietary rights however, these precepts were also informed by the notion of exclusivity. Consequently, a woman's husband or his family were precluded from using her Stridhana, unless they were in dire straits. Additionally it was a sin for a woman's relatives to use her wealth even if the same was done unknowingly.

B. Privacy of Thought

In addition to the aspect of physical space, a claim to privacy vis-a-vis the intangible realm of thought was afforded by Hindu jurisprudence. In the modern context the link between solitude and privacy has been recognised as early as 1850 by Warren and Brandeis. The key distinction is that in the modern era this need for solitude was seen as a function of the increasing invasion of privacy. In the pre-modern era however, solitude was considered essential for self-actualisation, and not as a response to the increasing invasion of the private realm. Meditation in solitude was perceived as enabling existence in the highest state of being. In fact a life in solitude was identified as a pre-requisite for being liberated.

Though solitude itself is intangible, engaging in meditation would require a tangible solitary space. This is where the privacy of thought overlapped with the aspect of privacy of space. Accordingly, the Arthashastra prescribed that forest areas be set aside for meditation and introspection. It also recognised the need for ascetics to live within these spaces harmoniously, without disturbing each other.

It is evident, that as far as the aspects of privacy were concerned, there were no watertight compartments.

C. Privacy with respect to bodily integrity

A claim to privacy of thought can only be substantively realised when complemented by the notion of privacy with respect to bodily integrity, as corporeal existence serves as a precursor to mental well-being. The inference drawn from the relevant precepts concerning this aspect is that they were largely women-centric. Arguably they were governed by a misplaced patriarchal notion that women's modesty needed to be protected. At best they could be considered as implicit references to an expectation of privacy.

The Manusmriti states, "But she who…goes to public spectacles or assemblies, shall be fined six krishnalas". Restrictions operating during a woman's menstruation were twofold. Her family was prohibited from seeing her. Additionally cohabitation with such a woman was also forbidden. It should be pointed out that that these constructs had little to do with a woman's expectation of privacy. They were forbidden due to the attached implications of impurity that would vest in the defaulter. A woman's autonomy with regard to her body was not regarded as a factor meriting consideration.

However, there were constructs, albeit limited, which were more egalitarian in their approach and did recognise her autonomy. They established that women do have an expectation of privacy in terms of bodily integrity. Sexual assault was considered as an offence. Evidence of this is found in the Yajnawalkya Samhita which states, "If many persons know a woman against her will, each of them should be made to pay a fine of twenty four panas". In addition, the Arthashastra vested in commercial sex workers the right to not be held against their will. Further it expressly states that even a commercial sex worker cannot be forced to engage in sexual intercourse.

Women could make a claim to privacy not only against society at large, but also against their husbands. Ironically, while our contemporary legal system (i.e., the Indian legal system) fails to criminalise marital rape, the Manusmriti considered it an offence. Additionally, husbands were also prohibited from looking at their wives when the latter were in a state of relaxation.

D. Privacy of Information and Communication

While the three aspects explicated above were by and large restricted to the individual, the privacy of information and communication has been largely confined by Hindu jurisprudence to the realm of the sovereign. Both the Manusmriti and the Arthashastra acknowledge the importance of a secret council that aids the king in deliberations. These deliberations are to be carried on in a solitary place that was well-guarded. The decisions made in these deliberations are to be revealed on a need to know basis. That is to say, only persons concerned with the implementation of these decisions are to be informed. The Manusmriti also provides for private deliberation by the king on matters not involving governance. It provides, "At midday or midnight , when his mental and bodily fatigues are over, let him deliberate, either with himself alone or with his ministers on virtue, pleasure, and wealth".

Apart from governance, privacy of information also pertained to certain types of documents that were considered private in nature. These are documents that involve transactions such as partition, giving of a gift, purchase, pledge and debt. What is interesting about this precept is the resemblance it bears to the common law notion of privity. The common characteristic of the documents referred to, is that they concerned transactions undertaken between two or more persons. The rights or obligations arising from these transactions were confined to the signatories of these documents. It could be possible that the privatisation of these documents was aimed at guarding against disruption of transactions via third party intrusions.

The limited reference to private communications is found within the realm of governance, within the context of privacy of information. The only illustration of this that we have come across is the precept in the Arthashastra that requires intelligence to be communicated in code.

E. Privacy of Identity

The final aspect that warrants detailing is the privacy of identity. The notion of privacy of identity can be understood in two ways. The first deals with protection of personal information that could be traced back to someone, thus revealing his or her identity. The second recognises the component of reputation. It seeks to prevent the misappropriation or maligning of a person's identity and thus reputation. In ancient Hindu jurisprudence there is evidence of recognition of the latter. An illustration of the same is offered by the precept which states "For making known the real defects of a maiden, one should pay a fine of a hundred panas". Another precept prescribes that false accusations against anyone in general are punishable by a fine. Additionally, there is also a restriction operating against destroying or robbing a person of his or her virtue. In the modern context, the above would be understood under the rubric of defamation. These precepts are indicative of the fact that defamation was recognised as an offence way before the modern legal system afforded cognizance to the same.

Conclusion

The dominant narrative surrounding the privacy debate in India is that of the alien-ness of privacy. This paper has attempted to displace the notion that privacy is an inherently 'Western' concept that is the product of a modernist legal system. No doubt the common understanding of the legal conception of privacy is informed by modernity. In fact, the research conducted in support of this paper has been synthesised from privacy information through a modernist lens. The fact still remains however, that privacy is an amorphous context, and its conceptions vary across cultures.

To better appreciate the relevance of Classical Hindu law in a modernist context, the nature of Hindu law must be examined first. While Hindu jurisprudence might not qualify as law in the positivist sense of the term, its precepts continue to inform India's statues and judicial pronouncements.

Privacy is subjective and eludes a straitjacketed definition. On occasion this elusiveness is a function of its overlapping and varying aspects. At other times it stems from a terminological lacuna that complicates the explication of privacy. These impediments notwithstanding, it is abundantly clear that the essence of privacy is reflected in Hindu culture and jurisprudence. This may give pause to thought to those who seek to argue that 'collectivist' cultures do not value privacy or exhibit the need for it.

Daniel J. Solove, A Taxonomy of Privacy, University of Pennsylvania Law Review, Vol. 154(3), January 2006.

Id.

Upendra Baxi, Who Bothers About the Supreme Court: The Problem of Impact of Judicial Decisions, available at http://clpr.org.in/wp-content/uploads/2013/08/whobothersabouttheSupremeCourt.pdf (Last visited on December 23, 2014) (The enforceability of rights often sets their individual enjoyment apart from their jurisprudential value); In India, the reading of privacy into Article 21 has not resulted in a mechanism to enforce a standalone right to privacy, See R.H. Clark, Constitutional Sources of the Penumbral Right to Privacy, available at http://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=2046&context=vlr (Last visited on December 23, 2014) (In the United States, the right to privacy was located in the penumbra of the right to personal autonomy).

See PUCL v. Union of India, AIR 1997 SC 568.

See Griswold v. Connecticut, 381 U.S. 479 (1965); Lawrence v. Texas, 539 U.S. 558 (2003).

See The Indian Penal Code, 1850, Section 499.

See The Hindu Marriage Act, 1955 Section 22; The Special Marriage Act, 1954, Section 33.

Bhairav Acharya & Vidushi Marda, Identifying Aspects of Privacy in Islamic Law, available at http://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law (Last visited on December 23, 2014).

See Robert Lingat, The Classical Law of India (1973).

Donald R. Davis, Jr., The Spirit of Hindu Law (2010) (This importation must be viewed against the backdrop of the characteristics of the era of Enlightenment wherein primacy was accorded to secular reason and the positivist conception of law. Davis observes "One cannot deny the increasing global acceptance of a once parochial notion of law as rules backed by sanctions enforced by the state. This very modern, very European notion of law is not natural, not a given; it was produced at a specific moment in history and promulgated systematically and often forcibly through the institutions of what we now call the nation-state, especially those nations that were also colonial powers.)"; But see Alan Gledhill, The Influence of Common Law and Equity on Hindu Law Since 1800, available at http://www.jstor.org/stable/755588 (Last visited on December 23, 2014); Werner Menski, Sanskrit Law: Excavating Vedic Legal Pluralism, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1621384 (Last visited on December 23, 2014) (However, this replacement of traditional legal systems did not extend to personal laws. Personal laws in India continue to be community-based, sometimes un-codified, draw from a diverse set of simultaneously applicable sources and traditional schools of jurisprudence.).

Supra note 8, Acharya & Marda.

Privacy International, A New Dawn: Privacy in Asia, available at https://www.privacyinternational.org/reports/a-new-dawn-privacy-in-asia/background (Last visited on December 28, 2013) ("It is only recently that the debate around privacy was stuck in this "collectivist" vs. "individualistic" cultural discourse…we discovered that privacy concerns and the need for safeguards were often embedded deeply in a nation, and not just as a response to a modern phenomenon.").

Privacy International, A New Dawn: Privacy in Asia, available at https://www.privacyinternational.org/reports/a-new-dawn-privacy-in-asia/background (Last visited on December 28, 2013)

J. Duncan M. Derrett, The Administration of Hindu Law by the British, available at http://www.jstor.org/stable/177940 (Last visited on December 23, 2014).

Manusmriti, Chapter IV, 201.

Manusmriti, Chapter IV, 202.

Id.

Wael B. Hallaq, An Introduction to Islamic Law 31 (2009).

Donald R. Davis, Jr., The Spirit of Hindu Law (2010).

Marc Galanter, The Displacement of Traditional Law in Modern India, Journal of Social Issues, Vol. XXIV, No. 4, 1968.

Id.

Supra note 20, Galanter.

Supra note 10, Menski.

Werner Menski, Hindu Law: Beyond Tradition and Modernity (2003).

Id.

Ashcroft as cited in Werner Menski, Hindu Law: Beyond Tradition and Modernity (2003).

Supra note 20, Galanter.

Id.

Id .

Supra note 19, Davis.

Id.

Id .

J. Duncan M. Derrett, Introduction to Modern Hindu Law (1963); Supra note 19, Davis.

Supra note 9, Lingat.

Id.

John D. Mayne, Hindu Law (1875).

Id.

Supra note 49, Mayne.

Id.

Supra note 19, Davis.

Id.

Supra note 49, Mayne.

Ludo Rocher, Studies in Hindu Law and Dharamasastra (2012).

For instance the Yajnawalkya Samhita has clear delineations in its chapters, segregating customary practices, legal procedure and punitive measures.

Madhu Kishwar, Codified Hindu Law: Myth and Reality, available at http://www.jstor.org/stable/4401625 (Last visited on December 23, 2014).

Id .

Supra note 59.

Id.

Supra note 20, Galanter.

See The Hindu Marriage Act, 1955, Section 7.

Saroj Rani v. Sudarshan Kumar Chadda, AIR 1984 SC 1562 (reflected the importance accorded by classical Hindu law to marital stability); M Govindaraju v. K Munisami Goundu 1996 SCALE (6) 13(The Supreme Court looked to ancient Shudra custom to adjudicate on a matter of adoption); Rajkumar Patni v. Manorama Patni, II (2000) DMC 702 (The Madhya Pradesh High Court, relied on the definition of Stridhan by Manu.).

Supra note 8, Acharya & Marda.

Semayne v. Gresham, 77 Eng. Rep. 194, 195; 5 Co. Rep. 91, 195 (K.B. 1604).

As cited in Julius Jolly, The Minor Law Books 164 (1889), ("A householder's house and field are considered as the two fundamentals of his existence. Therefore let not the king upset either of them; for that is the root of the householders").

Manmath Nath Dutt, The Dharamshastra - Hindu Religious Codes, Volume 1, 103 (1978) (Yajnawalkya Samhita, Chapter II 235-236: "He…who opens the doors of a closed house [without the permission of the master]…should be punished with fifty panas. Such is the law.").

L.N. Rangarajan, Kautalya: The Arthashastra 371 (1992) ("O be built at a suitable distance from the neighbours property so as not to cause inconvenience to the neighbour").

Id ., ("…doors and windows shall be made so as not to cause annoyance by facing a neighbour's door or window directly").

Supra note 72, Rangarajan, ("when the house is occupied the doors and windows shall be suitably covered").

Id., 376.

See Manusmriti, Chapter IV, 201-202.

Supra note 71, Dutt, 27 (Yajnawalkya Samhita, Chapter I , 160: "One should avoid the bed, seat, garden-house and the conveyance belonging to another person.").

Supra note 71, Dutt, 89 (Yajnawalkya Samhita, Chapter II, 146).

Manusmriti, Chapter IX, 194.

Supra note 71, Dutt Volume 2, 276 (Angiras Samhita, Chapter I, 71).

Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, Harvard Law Review, Vol. IV, December 15, 1890, No.5.

Id.

Manusmriti, Chapter IV, 258; Supra note 71, Dutt, 134 (Yajnawalkya Samhita Chapter III, 111: "Having withdrawn the mind, understanding, retentive faculty and the senses from all their objects, the soul, the lord…should be meditated upon.").

Manu Chapter VI, 44.

Supra note 71, Dutt, 186 (Harita Chapter VII, 6: "Situated in a solitary place with a concentrated mind, he should, till death mediate on the atman, that is situated both in the mind and the external world… ").

Supra note 72, Rangarajan, (Arthashastra, 2.2.2).

Supra note72, Rangarajan, (Arthashastra 3.16.33-36).

Manusmriti IX, 84

Supra note 71, Dutt, Volume 2, 350 (Samvarta Samhita,163).

Supra note 71, Dutt, Volume 1, 112 (Yajnawalkya Samhita, Chapter II, 291).

Supra note 71, Dutt, Volume 1, 113 (Yajnawalkya Samhita, Chapter II, 294).

Supra note 72, Ranjarajan (Arthashastra 2.27.14).

Supra note 72, Rangarajan (Arthashastra 4.13.38).

Manusmriti, X, 62

Manusmriti Part VII, Supra note 101, Rangarajan (Arthashastra 1.15.2-5, 1.15.13-17).

Supra note 72, Rangarajan (Arthashastra 1.15.2-5 : The scrutiny of governance related affairs was take place in a secluded and well-guarded spot, where it could not be overheard. No unauthorised person was allowed to approach these meetings.).

Supra note 72, Rangarajan (Arthashastra 1.15.13-17: "…Only those who have to implement it should know when the work is begun or when it has been completed.").

Supra note 72, Rangarajan.

Supra note 71, Dutt, Volume 1, 112 (Yajnawalkya Samhita, Chapter II, 292).

Supra note 71, Dutt, Volume 4, 919 (Vishnu Samhita, Chapter LII, 16).

For more details visit https://cis-india.org/internet-governance/blog/loading-constructs-of-privacy-within-classical-hindu-law

List of Recommendations on the Aadhaar Bill, 2016 - Letter Submitted to the Members of Parliament

Amber Sinha, Sumandro Chattapadhyay, Sunil Abraham, and Vanya Rakesh — 2016-03-21T08:50:09Z

On Friday, March 11, the Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. The Bill was introduced as a money bill and there was no public consultation to evaluate the provisions therein even though there are very serious ramifications for the Right to Privacy and the Right to Association and Assembly. Based on these concerns, and numerous others, we submitted an initial list of recommendations to the Members of Parliaments to highlight the aspects of the Bill that require immediate attention.

Download the submission letter: PDF.

Text of the Submission

On Friday, March 11, the Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. The Bill was introduced as a money bill and there was no public consultation to evaluate the provisions therein even though there are very serious ramifications for the Right to Privacy and the Right to Association and Assembly. The Bill has made it compulsory for all Indian to enroll for Aadhaar in order to receive any subsidy, benefit, or service from the Government whose expenditure is incurred from the Consolidate Fund of India. Apart from the issue of centralisation of the national biometric database leading to a deep national vulnerability, the Bill also keeps unaddressed two serious concerns regarding the technological framework concerned:

Identification without Consent: Before the Aadhaar project it was not possible for the Indian government or any private entity to identify citizens (and all residents) without their consent. But biometrics allow for non-consensual and covert identification and authentication. The only way to fix this is to change the technology configuration and architecture of the project. The law cannot be used to correct the problems in the technological design of the project.
Fallible Technology: The Biometrics Standards Committee of UIDAI has acknowledged the lack of data on how a biometric authentication technology will scale up where the population is about 1.2 billion. The technology has been tested and found feasible only for a population of 200 million. Further, a report by 4G Identity Solutions estimates that while in any population, approximately 5% of the people have unreadable fingerprints, in India it could lead to a failure to enroll up to 15% of the population. For the current Indian population of 1.2 billion the expected proportion of duplicates is 1/121, a ratio which is far too high. [1]

Based on these concerns, and numerous others, we sincerely request you to ensure that the Bill is rigorously discussed in Rajya Sabha, in public, and, if needed, also by a Parliamentary Standing Committee, before considering its approval and implementation. Towards this, we humbly submit an initial list of recommendations to highlight the aspects of the Bill that require immediate attention:

Implement the Recommendations of the Shah and Sinha Committees: The report by the Group of Experts on Privacy chaired by the Former Chief Justice A P Shah [2] and the report by the Parliamentary Standing Committee on Finance (2011-2012) chaired by Shri Yashwant Sinha [3] have suggested a rigorous and extensive range of recommendations on the Aadhaar / UIDAI / NIAI project and the National Identification Authority of India Bill, 2010 from which the majority sections of the Aadhaar Bill, 2016, are drawn. We request that these recommendations are seriously considered and incorporated into the Aadhaar Bill, 2016.
Authentication using the Aadhaar number for receiving government subsidies, benefits, and services cannot be made mandatory: Section 7 of the Aadhaar Bill, 2016, states that authentication of the person using her/his Aadhaar number can be made mandatory for the purpose of disbursement of government subsidies, benefits, and services; and in case the person does not have an Aadhaar number, s/he will have to apply for Aadhaar enrolment. This sharply contradicts the claims made by UIDAI earlier that the Aadhaar number is “optional, and not mandatory”, and more importantly the directive given by the Supreme Court (via order dated August 11, 2015). The Bill must explicitly state that the Aadhaar number is only optional, and not mandatory, and a person without an Aadhaar number cannot be denied any democratic rights, and public subsidies, benefits, and services, and any private services.
Vulnerabilities in the Enrolment Process: The Bill does not address already documented issues in the enrolment process. In the absence of an exhaustive list of information to be collected, some Registrars are permitted to collect extra and unnecessary information. Also, storage of data for elongated periods with Enrollment agencies creates security risks. These vulnerabilities need to be prevented through specific provisions. It should also be mandated for all entities including the Enrolment Agencies, Registrars, CIDR and the requesting entities to shift to secure system like PKI based cryptography to ensure secure method of data transfer.
Precisely Define and Provide Legal Framework for Collection and Sharing of Biometric Data of Citizens: The Bill defines “biometric information” is defined to include within its scope “photograph, fingerprint, iris scan, or other such biological attributes of an individual.” This definition gives broad and sweeping discretionary power to the UIDAI / Central Government to increase the scope of the term. The definition should be exhaustive in its scope so that a legislative act is required to modify it in any way.
Prohibit Central Storage of Biometrics Data: The presence of central storage of sensitive personal information of all residents in one place creates a grave security risk. Even with the most enhanced security measures in place, the quantum of damage in case of a breach is extremely high. Therefore, storage of biometrics must be allowed only on the smart cards that are issued to the residents.
Chain of Trust Model and Audit Trail: As one of the objects of the legislation is to provide targeted services to beneficiaries and reduce corruption, there should be more accountability measures in place. A chain of trust model must be incorporated in the process of enrolment where individuals and organisations vouch for individuals so that when a ghost is introduced someone has can be held accountable blame is not placed simply on the technology. This is especially important in light of the questions already raised about the deduplication technology. Further, there should be a transparent audit trail made available that allows public access to use of Aadhaar for combating corruption in the supply chain.
Rights of Residents: There should be specific provisions dealing with cases where an individual is not issued an Aadhaar number or denied access to benefits due to any other factor. Additionally, the Bill should make provisions for residents to access and correct information collected from them, to be notified of data breaches and legal access to information by the Government or its agencies, as matter of right. Further, along with the obligations in Section 8, it should also be mandatory for all requesting entities to notify the individuals of any changes in privacy policy, and providing a mechanism to opt-out.
Establish Appropriate Oversight Mechanisms: Section 33 currently specifies a procedure for oversight by a committee, however, there are no substantive provisions laid down that shall act as the guiding principles for such oversight mechanisms. The provision should include data minimisation, and “necessity and proportionality” principles as guiding principles for any exceptions to Section 29.
Establish Grievance Redressal and Review Mechanisms: Currently, there are no grievance redressal mechanism created under the Bill. The power to set up such a mechanism is delegated to the UIDAI under Section 23 (2) (s) of the Bill. However, making the entity administering a project, also responsible for providing for the frameworks to address the grievances arising from the project, severely compromises the independence of the grievance redressal body. An independent national grievance redressal body with state and district level bodies under it, should be set up. Further, the NIAI Bill, 2010, provided for establishing an Identity Review Committee to monitor the usage pattern of Aadhaar numbers. This has been removed in the Aadhaar Bill 2016, and must be restored.

Endnotes

[1] See: http://cis-india.org/internet-governance/blog/Flaws_in_the_UIDAI_Process_0.pdf.

[2] See: http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf.

[3] See: http://164.100.47.134/lsscommittee/Finance/15_Finance_42.pdf.

For more details visit https://cis-india.org/internet-governance/blog/list-of-recommendations-on-the-aadhaar-bill-2016

Konkani Wikipedia Goes Live After 'Nine Years' of Incubation

subha — 2016-06-18T18:15:05Z

Konkani Wikipedia is the second Wikimedia project after Odia Wikisource that has gone live out of incubation. The project stayed in the incubation for nine long years and the community has gone through a long debate to have a Wikipedia of their own. Here is a blog highlighting three Konkani Wikimedians and an advocate of the Wikipedia movement whose efforts finally paid off.

Read the original blog entry published on Wikimedia Blog on July 15, 2015 here.

The Goan Konkani Wikipedia (available at gom.wikipedia.org) has gone live after spending nine long years in incubation.

An Indo-Aryan language, of the Indo-European family of languages, Konkani is the official language of Goa. It is a minority language in other Indian states, such as Maharashtra, Karnataka, northern Kerala, Dadra and Nagar Haveli, and Daman and Diu. It is spoken by about 7.4 million people.

Konkani can be written in five different scripts: Devanagari—officially used by the Government of Goa—as well as Latin (locally known as Romi Konkani), Kannada, Malayalam, and Persian. Of these, the Goan Antruz dialect of the language, in the Devanagari script, is considered standard by the Indian constitution.

The Konkani Wikipedia has many heroes, as we see them. Melissa Simoes and Darshan Kandolkar are two of the many long-term contributors who joined during the Konkani Wikipedia @ Goa University program and are still active even after the program formally concluded. Darshan is an assistant professor at the Government College Pernem in Goa. His professor at Goa University, Dr. Madhavi Sardesai—who passed away last year—played a vital role in inspiring him to go for higher studies in Konkani. Darshan realized that there is a lot to be written in Konkani when he was introduced to Wikipedia, and after that, he became dedicated to contributing to the project.

“I would like to bring more students as contributors to our Konkani Wikipedia,” Darshan says. “My aim is to start with my students at Government College Pernem. Being an alumnus of Goa University, I also want my juniors there to join our community and enrich Konkani Wikipedia.”

“I have a dream to start a project for the freedom fighters of Goa and involve a diverse set of people, from students to journalists and columnists. I also want to build partnership with educational institutions so we could engage with the students for a longer run and the existing Konkani community could mentor them,” he continues.

“Being a new Wikipedia project, Konkani Wikipedia needs more quality measures and the articles have to grow to good quality articles with more images and templates, I want to take it to the level of English Wikipedia with both quantitative and qualitative growth in articles!”

The Konkani Wikimedia community has been using social media actively to promote the Konkani Wikipedia project, and to celebrate the successes of its contributors. After Melissa became the top contributor to the project, her fellow editor Luis Gomes congratulated her. That brought Melissa into the spotlight, gaining the attention of editors from the global Wikimedia community. The community is continuing a tradition to rewarding the most prolific contributor of each month as the “Wikipedian of the Month”.

Melissa was introduced to the Wikipedia program at her university where the target for each participating student was to write one article each about a village in Goa. “I wrote my article just for the sake of the marks, but never bothered to think about why I am writing it. After the program was over, I became inactive on Wikipedia.

“After some time, I met Father [Luis Gomes] in parish and then Darshan and Father inspired me to resume editing. Then, it became an addiction and I never stopped even for a day. I would come back from work and sit in front of my computer.

“Now, I am a teacher, and my fellow teachers are mostly women. I would like to introduce the Goan Konkani Wikipedia to them so they could also contribute to Wikipedia,” Melissa says.

As Konkani Wikipedia went live, long term Wikimedian Fredrick Noronha, an early advocate of Konkani Wikipedia, said, “It is a wonderful feeling to see the Goan Konkani Wikipedia live. I would like to congratulate all who have been involved in some or the other way with the making of Konkani Wikipedia live from the days of its inception and incubation.

“I am not a great contributor or even a language expert. I come from a content background and found my interest in Wikipedia, Wikimedia Commons and Creative Commons long ago. But this helped me to associate myself in some way with the Konkani Wikipedia incubator. I am happy that CIS-A2K chipped in to help build a community and help it grow in collaboration with the Goa University.

“Students of the Konkani department in the university are the real heroes to take this effort forward by filling the Wikipedia incubator with more editing activity to which the institutional backing acted as catalyst,” he added.

Fredrick feels there are major challenges that the community now has to start taking measures for: “The macrolanguage is written in multiple scripts. Out of five of the scripts three—Devanagari, Romi/Latin and Kannada—are actively used in printing and publication currently. People using all the scripts should be equally participating in a movement like Wikipedia to take their languages to other native speakers using Wikipedia as a digital tool.

“The second challenge is with the contributors. Goa, being home to majority of the Konkani language speakers, has English education from the primary level. This means many have a great level of technical ability. The technical contributor community here would be of great use to Konkani Wikipedia if tapped,” he adds.

“The technical contributors are eager to contribute but have not been approached in a manner that would interest them. Similarly the Konkani authors who are helping propagate the language to masses have sadly no or very little clue about Wikipedia’s existence in Konkani. This disparity is stopping a massive flow of local encyclopedic content to the Konkani Wikipedia. Unless we tap into the technological and the linguistic groups it will be only a tip of the iceberg.”

Fredrick explains that the the current Konkani Wikipedia community is primarily made up of students of Goa University. “This is both good and bad,” he says. “Having young and enthusiastic students as Wikipedia editors is helping the project to leap forward, which might not have happened if the faculty were targeted instead. There is, however, a great need for diversification.

“The approach to bring in authors in the 60–70 years age group will vary from the approach to bring in, for example, technical people. Our outreach strategies should ultimately fulfill both the literary and technological contributors, so that their work can help us to both grow content and to solve the problem of the multiple scripts, respectively,” Fredrick adds.

The Konkani Wikipedia community is organizing a public seminar on July 18 at Goa University to celebrate the launch of the Konkani Wikipedia and to pay tribute to Dr. Madhavi Sardesai, who always dreamed of the Konkani Wikipedia getting out of incubation.

Video


Wikimedian Darshan Kandolkar shares his experience of contributing to Konkani Wikipedia. Video in Konkani. Video by Wikimedia India, freely licensed under CC-BY-SA 4.0.

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

Internet's Core Resources are a Global Public Good - They Cannot Remain Subject to One Country's Jurisdiction

vidushi — 2016-11-14T06:39:52Z

This statement was issued by 8 India civil society organizations, supported by 2 key global networks, involved with internet governance issues, to the meeting of ICANN in Hyderabad, India from 3 to 9 November 2016. The Centre for Internet & Society was one of the 8 organizations that drafted this statement.

Recently, the US gave up its role of signing entries to the Internet's root zone file, which represents the addressing system for the global Internet. This is about the Internet addresses that end with .com, .net, and so on, and the numbers associated with each of them that help us navigate the Internet. We thank and congratulate the US government for taking this important step in the right direction. However, the organisation that manages this system, ICANN,[1] a US non-profit, continues to be under US jurisdiction, and hence subject to its courts, legislature and executive agencies. Keeping such an important global public infrastructure under US jurisdiction is expected to become a very problematic means of extending US laws and policies across the world.

We the undersigned therefore appeal that urgent steps be taken to transit ICANN from its current US jurisdiction. Only then can ICANN become a truly global organisation.[2] We would like to make it clear that our objection is not directed particularly against the US; we are simply against an important global public infrastructure being subject to a single country's jurisdiction.

Domain name system as a key lever of global control
A few new top level domains like .xxx and .africa are already under litigation in the US, whereby there is every chance that its law could interfere with ICANN's (global) policy decisions. Businesses in different parts of the world seeking top level domain names like .Amazon, and, hypothetically, .Ghaniancompany, will have to be mindful of de facto extension of US jurisdiction over them. US agencies can nullify the allocation of such top level domain names, causing damage to a business similar to that of losing a trade name, plus losing all the 'connections', including email based ones, linked to that domain name. For instance, consider the risks that an Indian generic drugs company, say with a top level domain, .genericdrugs, will remain exposed to.

Sector specific top level domain names like .insurance, health, .transport, and so on, are emerging, with clear rules for inclusion-exclusion. These can become de facto global regulatory rules for that sector. .Pharmacy has been allocated to a US pharmaceutical group which decides who gets domain names under it. Public advocacy groups have protested [3] that these rules will be employed to impose drugs-related US intellectual property standards globally. Similar problematic possibilities can be imagined in other sectors; ICANN could set “safety standards”, as per US law, for obtaining .car.

Country domain names like .br and .ph remain subject to US jurisdiction. Iran's .ir was recently sought to be seized by some US private parties because of alleged Iranian support to terrorism. Although the plea was turned down, another court in another case may decide otherwise. With the 'Internet of Things', almost everything, including critical infrastructure, in every country will be on the network. Other countries cannot feel comfortable to have at the core of the Internet’s addressing system an organisation that can be dictated by one government.

ICANN must become a truly global body
Eleven years ago, in 2005, the Civil Society Internet Governance Caucus at the World Summit on the Information Society demanded that ICANN should “negotiate an appropriate host country agreement to replace its California Incorporation”.

A process is currently under-way within ICANN to consider the jurisdiction issue. It is important that this process provides recommendations that will enable ICANN to become a truly global body, for appropriate governance of very important global public goods.

Below are some options, and there could be others, that are available for ICANN to transit from US jurisdiction.

ICANN can get incorporated under international law. Any such agreement should make ICANN an international (not intergovernmental) body, fully preserving current ICANN functions and processes. This does not mean instituting intergovernmental oversight over ICANN.
ICANN can move core internet operators among multiple jurisdictions, i.e. ICANN (policy body for Internet identifiers), PTI [4] (the operational body) and the Root Zone Maintainer must be spread across multiple jurisdictions. With three different jurisdictions over these complementary functions, the possibility of any single one being fruitfully able to interfere in ICANN's global governance role will be minimized.
ICANN can institute a fundamental bylaw that its global governance processes will brook no interference from US jurisdiction. If any such interference is encountered, parameters of which can be clearly pre-defined, a process of shifting of ICANN to another jurisdiction will automatically set in. A full set-up – with registered HQ, root file maintenance system, etc – will be kept ready as a redundancy in another jurisdiction for this purpose. [5] Chances are overwhelming that given the existence of this bylaw, and a fully workable exit option being kept ready at hand, no US state agency, including its courts, will consider it meaningful to try and enforce its writ. This arrangement could therefore act in perpetuity as a guarantee against jurisdictional interference without actually having ICANN to move out of the US.
The US government can give ICANN jurisdictional immunity under the United States International Organisations Immunities Act . There is precedent of US giving such immunity to non-profit organisations like ICANN. [6] Such immunity must be designed in such a way that still ensures ICANN's accountability to the global community, protecting the community's enforcement power and mechanisms. Such immunity extends only to application of public law of the US on ICANN decisions and not private law as chosen by any contracting parties. US registries/registrars, with the assent of ICANN, can choose the jurisdiction of any state of the US for adjudicating their contracts with ICANN. Similarly, registries/registrars from other countries should be able to choose their respective jurisdictions for such contracts.

We do acknowledge that, over the years, there has been an appreciable progress in internationalising participation in ICANN's processes, including participation from governments in the Governmental Advisory Committee. However, positive as this is, it does not address the problem of a single country having overall jurisdiction over its decisions.

Issued by the following India based organisation:

Centre for Internet and Society, Bangalore
IT for Change, Bangalore
Free Software Movement of India, Hyderabad
Society for Knowledge Commons, New Delhi
Digital Empowerment Foundation, New Delhi
Delhi Science Forum, New Delhi
Software Freedom Law Centre - India, New Delhi
Third World Network - India, New Delhi

Supported by the following global networks:

Association For Progressive Communications
Just Net Coalition

For any clarification or inquiries you may may write to or call:

Parminder Jeet Singh: parminder@itforchange.net +91 98459 49445, or
Vidushi Marda: vidushi@cis-india.org +91 99860 92252

[1] Internet Corporation for Assigned Names and Numbers

[2] The “NetMundial Multistakeholder Statement” , endorsed by a large number of governments and other stakeholders, including ICANN and US government, called for ICANN to become a “truly international and global organization”.

[3] See, https://www.techdirt.com/articles/20130515/00145123090/big-pharma-firms-seeking-pharmacy-domain-to-crowd-out-legitimate-foreign-pharmacies.shtml

[4] Public Technical Identifier, a newly incorporated body to carry out the operational aspects of managing Internet's identifiers.

[5] This can be at one of the existing non US global offices of ICANN, or the location of one of the 3 non-US root servers. Section 24.1 of ICANN Bylaws say, “The principal office for the transaction of the business of shall be in the County of Los Angeles, State of California, United States of America. may also have an additional office or offices within or outside the United States of America as it may from time to time establish”.

[6] E.g., International Fertilizer and Development Center was designated as a public, nonprofit, international organisation by US Presidential Decree, granting it immunities under United States International Organisations Immunities Act . See https://archive.icann.org/en/psc/corell-24aug06.html

For more details visit https://cis-india.org/internet-governance/blog/internets-core-resources-are-a-global-public-good

Internet Shutdown Stories

ambika — 2019-09-03T09:57:40Z

The Centre for Internet & Society (CIS) has published a collection of stories of the impact of internet shutdowns on people's lives in the country. This book seeks to give a glimpse into the lives of those directly affected by these internet shutdown experiments. When seen in a larger context, we hope that the stories in this book also demonstrate that access to the internet and freedom of speech is not just about an individual’s rights, but are also required for the collective good. This is a project funded by Facebook and MacArthur Foundation, and the stories were provided by 101 Reporters. Case studies from the states of Jammu & Kashmir, Haryana, Rajasthan, Gujarat, Telangana, West Bengal, Tripura, Manipur, Nagaland, and Uttar Pradesh have been highlighted in this compilation.

Read the report here: Download (PDF)

The report is shared under Creative Commons Attribution-NoDerivatives 4.0 International license.

Edited by Debasmita Haldar, Ambika Tandon, and Swaraj Barooah

Print Design by Saumyaa Naidu

Advisor: Nikhil Pahwa, Founder and Editor at MediaNama

Foreword

Aside from the waves of innovation that the digital revolution brought with it, the ever increasing pervasiveness of the internet has had a tremendous impact on empowerment and freedoms in society. We are seeing unprecedented levels of access to information, along with a democratization of the means of creation, production and dissemination of information to anyone with an internet connection. This in turn has greatly amplified, and in many cases even created the ability, particularly for those traditionally left in the margins, to more meaningfully participate in their global as well as local societies. Recognising the significance of the internet to the freedom of expression as well as for the development and exercising of human rights more broadly, the United Nations Human Rights Council unanimously passed a resolution confirming internet access being a fundamental human right.

Simultaneously however, we are seeing Indian states discover and experiment with their power to clamp down on these new modes of communication for a variety of reasons, ranging from the ill-intentioned to the ill-informed. An internet shutdown tracker maintained by the Software Freedom Law Centre, shows that the number of shutdowns in India is increasing every year, with 70 shutdowns reported in 2017,and 45 shutdowns already reported from 1st Jan, 2018 to 4th May, 2018. These shutdowns also come at a significant economic cost. A 2016 Brookings report estimates that India faced a loss of about $968 million due to internet shutdowns. However, the democratic harms we have been accruing are more difficult to quantify and demonstrate.

This book seeks to give a glimpse into the lives of those directly affected by these internet shutdown experiments. From Jammu and Kashmir to Telangana, from Gujarat to Nagaland, we have collected 30 stories from across the country for an up-close look at how the everyday lives of common citizens have been impacted by internet shutdowns and website blocks. From CRPF members posted in Srinagar who use the internet to connect with their family, to students who have been cut off from education resources for competitive exams; from the disruptions in day to day life brought about by non-functional bank services in Darjeeling, to stock brokers in Ahmedabad who faced costly slowdowns; the idea of a Digital India is facing severe setbacks with these continuously increasing internet shutdowns.

When seen in a larger context, we hope that the stories in this book also demonstrate that access to the internet and freedom of speech is not just about an individual’s rights, but are also required for the collective good. The diversity of perspectives and activities that a healthy democracy demands is not met by the versioning of dominant narratives, but by allowing for, if not directly encouraging, the voices and activities of the unheard, oppressed and marginalised. We hope that in the telling of these personal stories of the day-to-day of people affected by such internet shutdowns, this book joins in the effort to position the dehumanized internet kill switches more aptly as dangers to democracy.

Sunil Abraham
Executive Director
The Centre for Internet and Society

For more details visit https://cis-india.org/internet-governance/blog/internet-shutdown-stories

Internet Researchers' Conference 2022 (IRC22): #Home, May 25-27

Puthiya Purayil Sneha — 2022-05-24T14:38:57Z

We are excited to announce that the fifth edition of the Internet Researchers' Conference will be held online on May 25-27, 2022.This annual conference series was initiated by the researchers@work (r@w) programme at CIS in 2016 to gather researchers and practitioners engaging with the internet in/from India to congregate, share insights and tensions, and chart the ways forward. This year, the conference brings together a set of reflections and conversations on how we imagine and experience the home —as a space of refuge and comfort, but also as one of violence, care, labour and movement-building.

Venue: Online on Zoom

Registration: https://tinyurl.com/reg-irc22

Code of Conduct: Download (PDF)

Conference Programme: Download (PDF)

The ‘home’ has been a key line of defence in efforts to curtail the spread of COVID-19. Public health recommendations and governmental measures have enforced numerous restrictions on daily living, including physical distancing and isolation, home confinement, and quarantining. These mandates to be at home have relied on the construction, and assumption, of home as a familiar, stable and safe space.

However, home has always been a site of intense political contestation—be it through the temporal frames of belonging, ideas of citizenship and regionalism, role in the reproduction of capital accumulation, or as material signifiers of social status. Over the past 2 years, digital infrastructures have played an intensified role in the meaning making of the home. Coming to terms with the pandemic entailed an accelerated embedding of digital systems in many of our relationships. Be it with the state, educational institutions, workplaces, or each other. Solutions to the many challenges of infrastructure and mobility emerging over the last year have been sought in digital technologies. The digital mediation of the pandemic has ushered in visions of the ‘new normal’ as situated wholly in the digital.

While the initial anxieties of living through the pandemic may have now eased, and we make forays into a changed world, the spectre of the ‘next normal’ awaits. As we continue to come to terms with, and find ways to reorient the disruption of life, being at home has acquired many new meanings. What has it meant to be at home, and what is home? What is and has been the role of the internet and digital media technologies in navigating the contours of a changing ‘normal’? How have/can digital technologies help overcome, or exacerbate existing social, economic and political challenges during the pandemic? What forms of digital infrastructure—tools, platforms, devices and services—help build, sustain and alter the notion of home?

For IRC22, we invited sessions across a range of formats and themes to explore and challenge conceptions of the home. Different people imagine and experience the home in various ways—as a space of refuge and comfort, but also as one of violence, care, labour and/or movement-building. We invited contributions that speak to these provocations through one or more of the above thematic areas. A set of 12 sessions were finalised for the conference (including 4 individual presentations), based on peer selection by teams and presenters who proposed sessions as well as an external review.

Sessions

#WaitingForFood - Rhea Bose and Nisha Subramanian

#thismightnotbeonline - Kaushal Sapre and Aasma Tulika

#IdentitesVulnerabilitiesOpportunitiesDissent - Saumya Tewari, Manisha Madhava, Dhrupadi Chattopadhyay and Aparna Bose

#HomeAndTheInternet - Dona Biswas, Bhanu Priya Gupta and Ekta Kailash Sonwane

#LetsMoveIn - Arathy Salimkumar, Faheem Muhammed, Hazeena T and Manisha Madapathy

#LockdownsAndShutdowns - Michael Collyer, Joss Wright, Andreas Tsamados, Marianne Díaz Hernández and Nathan Dobson

#IdentifyingtheIdeaoflLaborinTeaching - Sunanda Kar and Bishal Sinha

#HomeBasedFlexiworkInCovid19 - Sabina Dewan, Mukta Naik, Ayesha Zainudeen, Gayani Hurulle, Hue-Tam Jamme and Devesh Taneja

#Involute:Jagged Seams of the Domestic and the Vocational - Akriti Rastogi, Deepak Prince, Misbah Rashid and Satish Kumar

#DigitisingCrisesRemakingHome - Vidya Subramanian, Kalindi Kokal and Uttara Purandare

Individual Presentations

#GoingHome: Constructions of a Digital-Urban Platform Interface in Delhi-NCR - Anurag Mazumdar

#SocialMediaActivism - Anushka Bhilwar

#TransActandWhatFollowed - Brindaalakshmi K

About the IRC Series

Researchers and practitioners across the domains of arts, humanities, and social sciences have attempted to understand life on the internet, or life after the internet, and the way digital technologies mediate various aspects of our being today. These attempts have in turn raised new questions around understanding of digital objects, online lives, and virtual networks, and have contributed to complicating disciplinary assumptions, methods, conceptualisations, and boundaries.

The researchers@work programme at the Centre for Internet and Society (CIS) initiated the Internet Researchers' Conference (IRC) series to address these concerns, and to create an annual temporary space in India, for internet researchers to gather and share experiences.

The IRC series is driven by the following interests:

creating discussion spaces for researchers and practitioners studying internet in India and in other comparable regions,
foregrounding the multiplicity, hierarchies, tensions, and urgencies of the digital sites and users in India,
accounting for the various layers, conceptual and material, of experiences and usages of internet and networked digital media in India, and
exploring and practicing new modes of research and documentation necessitated by new (digital) objects of power/knowledge.

The first edition of the Internet Researchers' Conference series was held in February 2016. It was hosted by the Centre for Political Studies at Jawaharlal Nehru University, and was supported by the CSCS Digital Innovation Fund. The second Internet Researchers' Conference was organised in partnership with the Centre for Information Technology and Public Policy (CITAPP) at the International Institute of Information Technology Bangalore (IIIT-B) campus on March 03-05, 2017. The third Internet Researchers' Conference was organised at the Sambhaavnaa Institute, Kandbari (Himachal Pradesh) during February 22-24, 2018, and the theme of the conference was *offline*. The fourth Internet Researcher's Conference was held at Lamakaan, Hyderabad from January 30 - February 01, on the theme of the 'list'.

For more details visit https://cis-india.org/raw/irc-22-home

Internet Researchers' Conference 2022

pranav — 2022-02-11T09:54:09Z

Due to internal delays related to the pandemic, the Internet Researchers' Conference will now take place online in May 2022. Please see below for a link to the updated call for sessions.

IRC22

#Home

For IRC22, we invite you to pause and reflect on the relational and material linkages between being at home and being connected. We invite sessions across a range of formats and themes to explore and challenge conceptions of the home. Different people imagine and experience the home in various ways—as a space of refuge and comfort, but also as one of violence, care, labour or movement-building. We invite contributions that speak to these provocations through one or more of the above thematic areas.

Read the complete call for sessions, including sub-themes, session formats and timeline here.

To propose a session, please send the following documents (as attached text files; the file name should include the session title and your name) to workshops@cis-india.org:

Session Title: The session should be named in the form of a hashtag (check the sessions proposed for IRC19 for example).
Session Type: Please select the session type among the four types mentioned in the call for sessions.
Session Plan: This should describe the objectives of the session (the motivations and expectations driving it), what will be done and discussed during the session, and who among the people organising the session will be responsible for what. This note need not be more than 500 words long. If your session involves inviting others to present their work (say papers), then please provide a description and timeline of the process through which these people will be identified.
Session Team Details: Please share brief biographical notes of each lead of the session team, and their email addresses.

The deadline for submission of session proposals is 9 March, 2022.

For more details visit https://cis-india.org/raw/internet-researchers-conference-2022

Internet Researchers' Conference 2017 (IRC17) - Selection of Sessions

sumandro — 2016-12-12T13:37:23Z

We have a wonderful range of session proposals for the second Internet Researchers' Conference (IRC17) to take place in Bengaluru on March 03-05, 2017. From the 23 submitted session proposals, we will now select 10 to be part of the final Conference agenda. The selection will be done through votes casted by the teams that have proposed the sessions. This will take place in December 2016. Before that, we invite the session teams and other contributors to share their comments and suggestions on the submitted sessions. Please share your comments by December 14, either on session pages directly, or via email (sent to raw at cis-india dot org).

The Internet Researchers' Conference 2017 (IRC17) will be organised by the Centre for Internet and Society (CIS) in partnership with the Centre for Information Technology and Public Policy at the International Institute of Information Technology Bangalore (IIIT-B).

Proposed Sessions

01. #NotFewNotWeird (Surfatial: Malavika Rajnarayan, Prayas Abhinav, and Satya Gummuluri)

02. #VirtualFringe (Ritika Pant, Sagorika Singha, and Vibhushan Subba)

03. #StudentIndicUsageOnline (Shruti Nagpal and Sneha Verghese)

04. #SpeakMyLanguageInternet (Anubhuti Yadav, Sunetra Sen Narayan, Shalini Narayanan, Anand Pradhan, and Shashwati Goswami)

05. #ArchivesForStorytelling (V Jayant, Venkat Srinivasan, Chaluvaraju, Bhanu Prakash, and Dinesh)

06. #SelfiesFromTheField (Kavitha Narayanan, Oindrila Matilal and Onkar Hoysala)

07. #OpenAccessScholarlyPublishing (Nirmala Menon, Abhishek Shrivastava and Dibyaduti Roy)

08. #DigitalPedagogies (Nidhi Kalra, Ashutosh Potdar, and Ravikant Kisana)

09. #DigitalMusicAndDigitalReactions (Shivangi Narayan and Sarvpriya Raj)

10. #RenarrationWeb (Dinesh, Venkatesh Choppella, Srinath Srinivasa, and Deepak Prince)

11. IndicLanguagesAndInternetCoHabitation (Sreedhar Kallahalla, Ranjeet Kumar, Mohan Rao, and Anjali K. Mohan)

12. #DigitalPedagogy (Padmini Ray Murray and Dibyaduti Roy)

13. #CopyLeftRightLeft (Ravishankar Ayyakkannu and Srikanth Lakshmanan)

14. #ObjectsofDigitalGovernance (Marine Al Dahdah, Rajiv K. Mishra, Khetrimayum Monish Singh, and Sohan Prasad Sha)

15. #MaterializingWriting (Sneha Puthiya Purayil, Padmini Ray Murray, Dibyadyuti Roy, and Indrani Roy)

16. #DotBharatAdoption (V. Sridhar and Amit Prakash)

17. #DigitalDesires (Dhiren Borisa, Akhil Kang, and Dhrubo Jyoti)

18. #TheDigitalCommonplace (Ammel Sharon and Sujeet George)

19. #DigitalIdentities (Janaki Srinivasan, Savita Bailur, Emrys Schoemaker, Jonathan Donner, and Sarita Seshagiri)

20. #ToolsToAMultitextUniverse (Spandana Bhowmik and Sunanda Bose)

21. #DigitalisingKnowledge (Sneha Ragavan)

22. #ICTDEthics (Bidisha Chaudhuri, Andy Dearden, Linus Kendall, Dorothea Kleine, and Janaki Srinivasan)

23. #RepresentationAndPower (Bidisha Chaudhuri, Andy Dearden, Linus Kendall, Dorothea Kleine, and Janaki Srinivasan)

For more details visit https://cis-india.org/raw/irc17-selection

Internet Researchers' Conference 2017 (IRC17) - Call for Sessions

sumandro — 2016-12-12T13:40:08Z

It gives us great pleasure to announce that the second Internet Researchers' Conference (IRC17) will take place in Bengaluru on March 03-05, 2017. It will be organised by the Centre for Internet and Society (CIS) in partnership with the Centre for Information Technology and Public Policy at the International Institute of Information Technology Bangalore (IIIT-B). It is a free and open conference. Sessions must be proposed by teams of two or more members on or before Friday, October 28. All submitted session proposals will go though an open review process, followed by each team that has proposed a session being invited to select ten sessions of their choice to be included in the Conference agenda. Final sessions will be chosen through these votes, and be announced on January 09, 2017.

IRC17 Call for Sessions: Download (PDF)

IRC17 Selection of Sessions: http://cis-india.org/raw/irc17-selection

Deadline for submission was Friday, October 28.

IRC17: Key Provocations

Two critical questions that emerged from the conversations at the previous edition of the Conference (IRC16) were about the digital objects of research, and the digital/internet experiences in Indic languages. As we discussed various aspects and challenges of 'studying internet in India', it was noted that we have not sufficiently explored how ongoing research methods, assumptions, and analytical frames are being challenged (if at all) by the becoming-digital of the objects of research across disciplines: from various artifacts and traces of human and machinic interactions, to archival entries and sites of ethnography, to practices and necessities of collaboration.

We found that the analyses of such digital objects of research often tend to assume either an aesthetic and functional uniqueness or sameness vis-à-vis the pre-/proto-digital objects of research, while neither of these positions are discussed in detail. Further, we tend to universalise the English-speaking user's/researcher's experience of working with such digital objects, without sufficiently considering their lives and functions in other (especially, Indic) languages.

These we take as the key provocations of the 2017 edition of IRC:

How does the becoming-digital of the research objects challenge our current research practices, concerns, and assumptions?
How do we appreciate, study, and theorise the functioning of and meaning-making by digital objects in Indic languages?
What research tools and infrastructures are needed to study, document, annotate, analyse, archive, cite, and work with (in general) digital objects, especially those in Indic languages?

Call for Sessions

We invite teams of two or more researchers and practitioners to propose sessions for IRC17. We do understand that finding team members for a session you have in mind might be difficult in certain cases. Please feel free to share initial sessions ideas on the researchers@cis-india mailing list [1]. Also, please keep an eye on the list to see what potential topics are being discussed.

All sessions will be one and half hours long, and will be fully designed and facilitated by the team concerned, including moderation (if any). The sessions are expected to drive conversations on the topic concerned. They may include presentation of research papers but this is not at all mandatory.

If you plan to organise a session structured around presentation of research papers, please note that we are exploring potential publication outlets for a collection of full-length research papers. If your session is selected for IRC17, we will notify you of guidelines to be followed for the submission and review of full-length papers prior to the conference. If you are interested in this publication possibility, please indicate that in your session proposal submission.

Sessions that involve collaborative work (either in group or otherwise), including discussions, interactions, documentation, learning, and making, are most welcome.

Further, we look forward to sessions conducted in Indic languages. The proposing team, in such a case, should consider how participants who do not understand the language can participate in it. IRC organisers and other participants will play an active role in making such engagements possible.

The only eligibility criteria for proposing sessions are that they must be proposed by a team of at least two members, and that they must engage with one (or more) of the three key provocations mentioned above. Further, the teams whose sessions are selected for IRC17 must commit to producing at least one post-conference essay/documentation on the topic of their session.

The deadline for submission of sessions proposals for IRC17 is Friday, October 28.

To propose a session, please send the following documents (as attached text files) to raw[at]cis-india[dot]org:

Title and Description of the Session: The session should be named in the form of a hashtag (check the IRC16 sessions for reference [2]). The description of the session should clearly state what the key focus of the session is, and which of the three central concerns it will address. The description should be approximately 300 words long.
Session plan: This should describe how the session will be conducted and moderated. Any specific requirements (technical, language support, etc.) of the session should also be noted here. This should not be more than 200 words long. If your session plan involves presentation of research papers, please indicate whether you would be interested in having these papers considered for academic publication.
Documentation plan: This should indicate how documentation will be done during the session, and more importantly what form the post-conference essay/documentation will take and what issue(s) it will address. This should not be more than 100 words long.
Short Abstracts (Only for Sessions with Paper Presentations): If your session involves presentation of research papers, please share a 250 words abstract for each paper.
Details of the Team: Please share brief biographic notes of each member of the session team, and contact details.

Session Selection Process

October 28: Deadline of submission of session proposals.

October 31: All submitted sessions will be posted on the CIS website, along with the names, biographic brief, and contact details of the members of the session teams.

November 01 - December 24: Open review period. All session teams, as well as other interested contributors, may review the submitted proposals and share comments directly with the session teams, or discuss the session on the researchers@cis-india list. The session teams may fully and continuously edit the proposal during this period, including adding/changing session teams.

December 25: Open review ends and voting begins. All session teams will select 10 sessions to be included in the IRC17 programme. The votes will be anonymous, that is which session team has voted for which set of sessions will not be made public.

January 05: Voting ends.

January 09: Announcement of selected sessions.

February 12: Deadline for selected session teams to submit a detailed session plan, information about which will be shared later. If a selected session involves presentation of papers, then the draft papers are to be submitted by this date (no need to submit a detailed session plan in that case).

Venue, Accommodation, and Travel

The conference will take place at the International Institute of Information Technology Bangalore (IIIT-B) during March 03-05, 2017 [3].

The conference does not have any participation fees. The organisers will cover all costs related to accommodation and hospitality during the conference. We look forward to offer a limited number of (domestic) travel fellowships for students and other deserving applicants. We will also confirm this on January 02, 2017.

About the IRC Series

The Researchers at Work (RAW) programme [4] at the Centre for Internet and Society (CIS) initiated the Internet Researchers' Conference (IRC) series to address these concerns, and to create an annual temporary space in India, for internet researchers to gather and share experiences.

The IRC series is driven by the following interests:

creating discussion spaces for researchers and practitioners studying internet in India and in other comparable regions,
foregrounding the multiplicity, hierarchies, tensions, and urgencies of the digital sites and users in India, accounting for the various layers, conceptual and material, of experiences and usages of internet and networked digital media in India, and
exploring and practicing new modes of research and documentation necessitated by new (digital) objects of power/knowledge.

The first edition of the Internet Researchers' Conference series was held in February 2016 [5]. It was hosted by the Centre for Political Studies at Jawaharlal Nehru University [6], and was supported by the CSCS Digital Innovation Fund [7]. The Conference was constituted by eleven discussion sessions (majority of which were organised around presentation of several papers), four workshop sessions (which involved group discussions, activities, and learnings), a book sprint over three sessions to develop an outline of a (re)sourcebook for internet researchers in India, and a concluding round table. The audio recordings and notes from IRC16 are now being compiled into an online Reader. A detailed reflection note on the IRC16 has already been published [8].

Endnotes

[1] See: https://lists.ghserv.net/mailman/listinfo/researchers.

[2] See: http://cis-india.org/raw/irc16.

[3] See: http://iiitb.ac.in/.

[4] See: http://cis-india.org/raw/.

[5] See: http://cis-india.org/raw/irc16.

[6] See: http://www.jnu.ac.in/SSS/CPS/.

[7] See: http://cis-india.org/raw/cscs-digital-innovation-fund.

[8] See: http://cis-india.org/raw/iirc-reflections-on-irc16.

For more details visit https://cis-india.org/raw/irc17-call

International Open Data Charter: First Public Draft

sumandro — 2015-06-02T15:51:12Z

The first public draft of the International Open Data Charter was released at the International Open Data Conference in Ottawa, Canada, May 28-29, 2015. It is being developed by a range of organisations led by the Open Government Partnership (OGP) Open Data Working Group (co-chaired by Government of Canada and the Web Foundation), the Government of Mexico, the Open Data for Development (OD4D) Network, and Omidyar Network. CIS has contributed comments to a previous version of the draft, and also took part in the pre-release meeting of potential stewards of the Charter on May 26 in Ottawa. Here is the text of the draft Charter. Please visit opendatacharter.net/charter/ to submit your comments.

Consultation Draft, May 2015

Preamble

1) The world is witnessing the growth of a global movement facilitated by technology and digital media and fuelled by information – one that contains enormous potential to create more accountable, efficient, responsive, and effective governments and businesses, and to spur economic growth.

Open data sit at the heart of this global movement.

2) Building a more democratic, just, and prosperous society requires transparent, accountable governments that engage regularly and meaningfully with citizens. Accordingly, there is an ongoing effort to enable collaboration around key social challenges, to provide effective oversight of government activities, to support economic development through innovation, and to develop effective, efficient public policies and programmes.

Open data is essential to meeting these challenges.

3) Effective access to data allows individuals and organisations to develop new insights and innovations that can generate social and economic benefits to improve the lives of people around the world, and help to improve the flow of information within and between countries. While governments collect a wide range of data, they do not always share these data in ways that are easily discoverable, useable, or understandable by the public.

This is a missed opportunity.

4) Today, many people expect to be able to access high quality information and services, including government data, when and how they want. Others see the opportunity presented by government data as one which can provide innovative policy solutions and support economic and social benefits for all members of society. We have arrived at a point at which people can use open data to generate value, insights, ideas, and services to create a better world for all.

5) Open data can increase transparency around what government is doing. Open data can also increase awareness about how countries’ natural resources are used, how extractives revenues are spent, and how land is transacted and managed – all of which promotes accountability and good governance, enhances public debate, and helps to combat corruption.

6) Providing access to government data can drive sustainable and inclusive growth by empowering citizens, the media, civil society, and the private sector to identify gaps, and work toward better outcomes for public services in areas such as health, education, public safety, environmental protection, and governance. Open data can do this by:

showing how and where public money is spent, which provides strong incentives for governments to demonstrate that they are using public money effectively;
supporting citizens, civil society organisations, governments and the private sector to collaborate on the design of policies and the delivery of better public services;
supporting assessments of the impact of public programs, which in turn allows governments, civil society organisations, and the private sector to respond more effectively to the particular needs of local communities; and
enabling citizens to make better informed choices about the services they receive and the service standards they should expect.

7) Open government data can be used in innovative ways to create useful tools and products that help to navigate modern life more easily. Used in this way, open data are a catalyst for innovation in the private sector, supporting the creation of new markets, businesses, and jobs. These benefits can multiply as more private sector and civil society organisations adopt open data practices modelled by government and share their own data with the public.

8) We, the adherents to the International Open Data Charter, agree that open data are an under-used resource with huge potential to encourage the building of stronger, more interconnected societies that better meet the needs of our citizens and allow innovation and prosperity to flourish.

9) We therefore agree to follow a set of principles that will be the foundation for access to, and the release and use of, open government data. These principles are:

Open Data by Default;
Quality and Quantity;
Accessible and Useable by All;
Engagement and Empowerment of Citizens;
Collaboration for Development and Innovation;

10) We will develop an action plan in support of the implementation of the Charter and its Technical Annexes, and will update and renew the action plan at a minimum of every two years. We agree to commit the necessary resources to work within our political and legal frameworks to implement these principles in accordance with the technical best practices and timeframes set out in our action plan.

Principle 1: Open Data by Default

11) We recognise that free access to, and the subsequent use of, government data are of significant value to society and the economy, and that government data should, therefore, be open by default.

12) We acknowledge the need to promote the global development and adoption of tools and policies for the creation, use, and exchange of open data and information.

13) We recognise that the term ‘government data’ is meant in the widest sense possible. This could apply to data held by national, federal, and local governments, international government bodies, and other types of institutions in the wider public sector. This could also apply to data created for governments by external organisations, and data of significant benefit to the public which is held by external organisations and related to government programmes and services (e.g. data on extractives entities, data on transportation infrastructure, etc).

14) We recognise that there is domestic and international legislation, in particular pertaining to security, privacy, confidentiality, intellectual property, and personally-identifiable and other sensitive information, which must be observed and/or updated where necessary.

15) We will:

develop and adopt policies and practices to ensure that all government data is made open by default, as outlined in this Charter, while recognising that there are legitimate reasons why some data cannot be released;
provide clear justifications as to why certain data cannot be released;
establish a culture of openness, not only through legislative or policy measures, but also with the help of training and awareness programs, tools, and guidelines designed to make government, civil society, and private sector representatives aware of the benefits of open data; and
develop the leadership, management, oversight, and internal communication policies necessary to enable this transition to a culture of openness.

Principle 2: Quality and Quantity

16) We recognise that governments and other public sector organisations hold vast amounts of information that may be of interest to citizens, and that it may take time to identify data for release or publication.

17) We also recognise the importance of consulting with citizens, other governments, non-governmental organisations, and other open data users, to identify which data to prioritise for release and/or improvement.

18) We agree, however, that governments’ primary responsibility should be to release data in a timely manner, without undue delay.

19) We will:

create, maintain, and share public, comprehensive lists of data holdings to set the stage for meaningful public discussions around data prioritisation and release;
release high-quality open data that are timely, comprehensive, and accurate in accordance with prioritisation that is informed by public requests. To the extent possible, data will be released in their original, unmodified form and at the finest level of granularity available, and will also be linked to any visualisations or analyses created based on the data, as well as any relevant guidance or documentation;
ensure that accompanying documentation is written in clear, plain language, so that it can be easily understood by all;
make sure that data are fully described, and that data users have sufficient information to understand their source, strengths, weaknesses, and any analytical limitations;
ensure that open datasets include consistent core metadata, and are made available in human- and machine-readable formats under an open and unrestrictive licence;
allow users to provide feedback, and continue to make revisions to ensure the quality of the data is improved as needed; and
apply consistent information lifecycle management practices, and ensure historical copies of datasets are preserved, archived, and kept accessible as long as they retain value.

Principle 3: Accessible and Usable by All

20) We recognise that opening up data enables citizens, governments, civil society organisations, and the private sector to make better informed decisions.

21) We recognise that open data should be made available free of charge in order to encourage their widest possible use.

22) We recognise that when open data are released, they should be made available without bureaucratic or administrative barriers, such as mandatory user registration, which can deter people from accessing the data.

23) We will:

release data in open formats and free of charge to ensure that the data are available to the widest range of users to find, access, and use them. In many cases, this will include providing data in multiple formats, so that they can be processed by computers and used by people; and
ensure data can be accessed and used effectively by the widest range of users. This may require the creation of initiatives to raise awareness of open data, promote data literacy, and build capacity for effective use of open data.

Principle 4: Engagement and Empowerment of Citizens

24) We recognise that the release of open data strengthens our public and democratic institutions, encourages better development, implementation, and assessment of policies to meet the needs of our citizens, and enables more meaningful, better informed engagement between governments and citizens.

25) We will:

implement oversight and review processes to report regularly on the progress and impact of our open data initiatives;
engage with community and civil society representatives working in the domain of transparency and accountability to determine what data they need to effectively hold governments to account;encourage the use of open data to develop innovative, evidence-based policy solutions that benefit all members of society, as well as empower marginalised groups; and
be transparent about our own data collection, standards, and publishing processes, by documenting all of these related processes online.

Principle 5: Collaboration for Development and Innovation

26) We recognise the importance of diversity in stimulating creativity and innovation. The more citizens, governments, civil society, and the private sector use open data, the greater the social and economic benefits that will be generated. This is true for government, commercial, and non-commercial uses.

27) We recognise that the potential value of our open data is greatly increased when it can be used in combination with open data from other governments, the private sector, academic, media, civil society, and other non-governmental organisations.

28) We will:

create or explore potential partnerships to support the release of open data and maximise their impact through effective use. This may include local, regional, and global partnerships between governments, civil society, and the private sector;
engage with civil society, the private sector, and academic representatives to determine what data they need to generate social and economic value;
provide training programs, tools, and guidelines designed to ensure government employees are capable of using open data effectively in policy development processes;
encourage non-governmental organisations to open up data created and collected by them in order to move toward a richer open data ecosystem with multiple sources of open data;
share technical expertise and experience with other governments and international organisations around the world, so that everyone can reap the benefits of open data; and
empower a future generation of data innovators inside and outside of government by supporting an environment optimised for increasing open data literacy and encouraging developers, civil society organisations, academics, media representatives, government employees, and other open data users, to unlock the value of open data.

Crossposted from http://opendatacharter.net/charter/.

For more details visit https://cis-india.org/openness/blog-old/international-open-data-charter-first-public-draft

Intellectual Property Rights — Open Access for Researchers

nehaa — 2015-03-24T01:22:20Z

In the year 2013, Nehaa Chaudhari had worked on a module on Intellectual Property Rights for United Nations Educational, Scientific and Cultural Organization (UNESCO)'s Open Access Curriculum (Curriculum for Researchers) as part of a project for the Commonwealth Educational Media Centre for Asia. UNESCO published the module this year. Nehaa Chaudhari and Varun Baliga were among the Module preparation team. Nehaa Chaudhari was the writer for Units 1, 2 and 3: Understanding Intellectual Property Rights, Copyright and Alternative to a Strict Copyright Regime.

This publication is available in Open Access under the Attribution - ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/igo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open-access/terms-use-ccbysa-en).

Module Introduction

Intellectual Property Rights (IPR) are set of rights associated with creations of the human mind. An output of the human mind may be attributed with intellectual property rights. These are like any other property, and the law allows the owner to use the same to economically profit from the intellectual work. Broadly IPR covers laws related to copyrights, patents and trademarks. While laws for these are different in different countries, they follow the international legal instruments. The establishment of the Wold Intellectual Property Organization (WIPO) has established the significance of IPR for the economic growth of nations in the knowledge economy.

This module has three units, and while the Unit 1 covers the basics of IPR, Unit 2 expands in detail the components of copyright and explains the origins and conventions associated with it. Unit 3 discusses the emergence of liberal licensing of copyrighted work to share human creation in the commons. In the last unit, we discuss the Creative Commons approach to licensing of creative works within the structures of the copyright regime that permits the authors to exercise their rights to share in the way they intend to. Creative Commons provides six different types of licenses, of which the Creative Commons Attribution license is the most widely used in research journals part of the Open Access framework.

At the end of this module, you are expected to be able to:

Understand intellectual property rights and related issues
Explain copyright, authors’ rights, licensing and retention of rights; and
Use the Creative Commons licensing system

Acknowledgements

Nehaa would like to thank Varun Baliga and Anirudh Sridhar for their research and writing support in Unit 1, and Samantha Cassar for Unit 2.

Click to download the PDF containing the Modules. Also read UNESCO’s Open Access (OA) Curriculum is now online

For more details visit https://cis-india.org/a2k/blogs/unesco-nehaa-chaudhari-march-19-2015-communication-and-information-resources-news-and-in-focus-articles-unesco-open-access-curriculum-is-now-online

Institute on Internet & Society: Event Report

srividya — 2013-10-15T06:48:00Z

The Institute on Internet and Society organized by the Centre for Internet and Society (CIS) with grant supported by the Ford Foundation took place from June 8 to 14, 2013 at the Golden Palms Resort in Bangalore.

A total of 20 participants spent the seven days in a residential institute, learning about the fundamental technologies of the Internet and topics on which CIS has expertise on such as Accessibility, Openness, Privacy, Digital Natives and Internet Governance.

The participants belonged to various stakeholder groups and it provided a common forum (first of its kind in India) to discuss and share ideas. Twenty-four expert speakers from various domains came to share their knowledge and speak about their work, so as to encourage activity in the field and supply resources from which participants could learn to increase their accessibility, range and funding possibilities, as well as network with the speakers and amongst themselves.

The Institute has triggered a number of follow-up events — those that the participants organized themselves with the help of CIS staff, including Crypto Parties in Bangalore, Delhi and Mumbai, that taught netizens to keep their online communication private. In addition to that, the CIS Access2Knowledge (A2K) team could rope in eight new Wikipedians who will contribute to Wikipedia in Indic languages.

The day wise talks and activities that took place are listed below:

Day 1: June 8, 2013

The seven day residential Institute began on Saturday, the 8th of June with a warm welcome by Dr. Ravina Aggarwal and Dr. Nirmita Narasimhan. They outlined the purpose of the residential institute and briefly went over the topics which would get covered over the week long duration. This was followed by each of the participants introducing themselves briefly and also stating their expectations from the Institute, why they were attending the same and what they hope to get at the end.

Session 1: History of the Internet

(by Pranesh Prakash and Bernadette Längle)

Above is a picture of Pranesh Prakash speaking about the History of the Internet during the first session on Day 1.	The Institute proceedings kicked off with the first session, History of the Internet by Pranesh Prakash and Bernadette Längle. Participants learned where the Internet originally came from and how it is organized, as well as different technologies surrounding the Internet. Pranesh Prakash and Bernadette Längle set the start point of the Internet in the late 50's when the Russians send the first satellite in space (Sputnik) and the US founded the DARPA(Defense Advanced Research Projects Agency), a research agency that was tasked with creating new technologies for military use. DARPA is credited with development of many technologies which have had a major effect on the world, including computer networking, as well as NLS, which was both the first hypertext system, and an important precursor to the contemporary ubiquitous graphical user interface (GUI). A few years later the first four computers were connected to a network.

After the Network Control Protocol (NCP, later replaced by the TCP/IP) was invented in 1970, the first applications were made: email (connecting people), telnet (connecting computers) and the file transport protocol (FTP) (connecting information) — all of these are still in use today. Participants were surprised to learn that the Web, most commonly used today, known to be invented by one single person in the 90's, actually existed for a long time prior to the '90s.

VIDEO

Session 2: Domestic Bodies and Mechanisms

(by Pranesh Prakash)
After lunch, Pranesh Prakash led the second session about Domestic Bodies and Mechanisms and he started with some of the problems associated with the Domestic Regulatory Bodies:

Lack of coherence and consistency in Internet related policies
Rather than co-operating, the different agencies compete with each other.
Communication with the public is of different degrees and openness of different agencies varies.

Department of Electronics and Information Technology (DEITY), is one of the most important public agencies & the CERT-in focuses on issues like malware and content regulation. There is also the STQC (Standard Setting and Quality Setting Body).
The work of these organizations is to govern the Internet, bring about better privacy policies and ensure freedom of speech.
Other governing bodies include DOT (Department of Telecommunications) which governs the telecom and internet policies of India. In India, certain content regulation takes place under a notification as part of the IT Act, 2003.
TRAI (Telecom Regulatory Authority of India) also looks into the tariff, interconnections and quality of telecom sector, spectrum regulation and so on.
The USOF (Universal Service Obligation Fund) seeks to provide funds for setting up telecom services in rural areas.
Ministry of Information and Broadcasting (MIB) has been extending copyright restrictions to online publications.

VIDEO

Session 3: Emerging trends in Internet usage in India

(by Nandini C and Vir Kamal Chopra)
Emerging Trends in Internet Usage with specific focus on BSNL offerings (by Vir Kamal Chopra)
Some of the salient points discussed were:

In 1995, the VSNL provided internet in 4 metros of India, by 1998 DOT had provided internet in 42 cities.
Some of the facilities internet provides include Tele-education, Tele-medicine, mobile banking, payment of bills via mobile internet, etc.
BSNL has got maximum broadband market share in India.
Present Scenario, there are 900 million mobiles in India, 430 million wireless connections with capability to access data.
The total broadband connections are 15 million in country, 10 million provided by BSNL.
Total internet users are 120 million with a growth rate of 30%.
Public access is not only about network intermediaries but about info-mediaries who understand internet.
BSNL lost Rs 18,000 crores from 3G license.
2G to 3G shifting is not seamless and leads to lot of packet loss, and 3G coverage is not as extensive as 2G. Thus 3G is not efficient however; the government has made a lot of money from selling 3G licenses.
Future trends include technology trends for internet access, optical fiber technologies, fiber to the curb, fibre to the home, metro Ethernet, etc.
Internet has created an online Public sphere.
In 2000 Parliament passed the Information Technology Act 2000 and the dot.com boom is seen.

Making internet access meaningful in the Indian Context (by Nandini.C)
(Click to see the presentation slides)
Some of the salient points discussed were:

Status of internet access today sees low level of overall penetration of internet, high rate of household mobile penetration and huge rural-urban divide in internet access.
Relationship b/w women and internet in India
8.4% of women in India have access to internet in India and 43% of women using internet in India perceived it as being an important part of their life.
Some area of concerns include ensuring adequate access of internet for the women, entrenched patriarchies, contextual relevance, the imaginary of ‘public access’.
The importance of an existing strong social support network, ITC itself cannot open up economic/social empowerment opportunities for women
ICT-enabled micro-enterprises may also force the burden of double work on women, who undertake both productive activities for the micro-enterprise and re/productive activities for the household.
The Internet today has created an online public sphere.
Countering the threat of online violence.
Censorship and content regulation.
Women’s rights and the spaces of internet governance.
Arbitrary censorship and self-regulation by the corporate and slide towards an illusory freedom; state is used as a bogeyman by corporate to create an online culture that is suitable to the corporate values.

VIDEO

Activity
Day 1 featured an interesting activity called the Creative Handshake. The goal of the game was to teach the participants the concept of "Handshake" in Internet terms and why it is important to make sure that integrity of data transferred is maintained.

Day 2: June 9, 2013

The focus of the second day was more on the nuts and bolts behind the working of the Internet by Dr. Nadeem Akhtar, Wireless Technologies and a case-study in Air Jaldi by Michael Ginguld, Collaborative Knowledge base building by Vishnu Vardhan and Affordable Devices on the Internet by Ravikiran Annaswamy.

The salient points of each of the talks are listed below.

Session 1: How Internet Works

(by Nadeem Akhtar)
Click to read the presentation slides

Internet structure and hierarchy:
1. Data Networks comprise of set of nodes, connected by transmission links, for exchange of data between nodes.
2. Some of the key principles which underpin data networks include digital transmission, multiplexing and data forwarding/routing.
Data networks through ownership include public and private networks.
Data networks through coverage include local area networks (small area), metro area networks (may comprise of a city) and wide area networks (wide geographic area across cities).
Protocols include:
1. Open systems interconnection (OSI) model divides a communication system into smaller parts. Each part is referred to as a layer. Similar communication functions are grouped into logical layers.
2. OSI model defines the different stages that data must go through to travel from one device to another over a network & this enables a modular approach towards developing complex system functionality i.e. functionality at layer X does not depend on how layer Y is implemented.
Above is a picture of Dr. Nadeem Akhtar speaking on the working of the internet on Day 2
Internet networks or connections.
Internet backbone refers to the principal data routes between large, strategically interconnected networks and core routers on the internet and these data routes are hosted by commercial, government, academic and other high-capacity network centers, the internet exchange points and network access points. The internet back bone is decentralized.
Transit Service - Passing information from small ISP to large ISP.
Peering Service - The passing of information between two similar ISP’s os similar size to let network traffic pass.
Three levels of network Tier1, Tier2 and Tier 3. TATA Company is the only Tier 1 Indian Company.
Backhaul- Transport Links which connects access edge networks with the ‘core’ network. The transmitters have to be mounted on a high level.


Above is a picture of Dr. Nadeem Akhtar speaking on the working of the internet on Day 2

VIDEO

Session 2: Wireless Technologies

(by Michael Ginguld)
Click to read the presentation slides

We are surrounded by electromagnetic radiation
All about transmission waves and there are both advantages and disadvantages of the same:
1. Pros: higher reach for lower price, overcomes topographic challenges, lower maintenance, less to damage/lose
2. Cons: limited resources, maintenance (energy), physical limitations to transfer rates.
Satellite/VSAT is a very small aperture tech: a small satellite dish that connects to a geo-static satellite.
Strength: globally usable, can connect from anywhere.
Weakness: signal problems, relatively high installation charge, upstream connection is lower than the downstream, transmitter on satellite is extremely expensive, hence limitation on transmission capacity of the satellite.
VSATs are not scalable. It is a dead-end tech for usages where data transmission volume is expected to grow.
2G Technology for mobile connection.
Limitation in transfer of data, due to technology and encryption limitations but great availability and reasonable price.
3G Technology has a problem in India; low uptake, leading to low investment, leading to low speed, leading to low uptake. The technology allows for high-speed data transfer but the market condition in India still does not make adequate infrastructural support feasible.
4G license auction.
A company bought the country-wide 4G license in the auction. Mukesh Ambani bought the company after some days.
The present legislation does not allow for VoIP-based Telco operation but that is expected to change soon.
Wifi technology is wireless technology. It is low cost wireless transfer of data. The Public dissemination of the ranges in which data transfer using the WiFi protocol can take place. It was made public in India in January 2005.
1. Limitations: needs line of sight, limit to data transfer.
2. Strength: cheap, de-licensed spectrum usage, easily deployable.
2G spectrum, 3G spectrum and now 4G spectrum all are part of the wireless technology.
Air Jaldi started in Dharamshala; building wifi connection spanning campuses.
Three types of consumer categories: (1) no coverage, (2) under-served, and (3) ‘deserving clients’. #2 is the most common group. #3 are people who should be served but cannot pay fully for the service, hence are cross-subsidised by group #2.
Deployed and managed by local staff, trained by AirJaldi.
Customer premise equipment: Rs. 3-4k.
User charges: Rs 975 per month for 512 kbps, Rs 1500 per month for 1 mbps.
Content: by and large, AirJaldi brings infrastructure on which content can ride on, teams with various content providers (like e-learning, rural BPOs, local e-banking etc) for the content side. The biggest drivers are local BPO, banking and retail. The next big driver coming up is entertainment.
WiMax includes 4g spectrum.

VIDEO

Session 3: Building Knowledge Bases and Platform via Mass Collaboration on the Internet

Click to read the presentation slides

The session started off with some physical activity in the form of "Kasa Kasa Warte, Chan Chan Warte" to break off the lunch induced sleep and a mental activity where the participants were divided into two groups and both the groups were asked to collect information on "Water". One group was left to itself while the other had some expert inputs from Vishnu Vardhan on how to collaborate and organize the data. After the activity, both teams presented the information that they had collected on "Water". The benefits of collaborative authoring such as "everyone's voice is heard", "various inputs leading to a multi-dimensional thinking" etc were evident as against a single dimensional thought process that was seen from the group that was un-assisted.	Given above is a picture of the participants involved in a group activity

Salient points discussed during the presentation:

The Concept of Knowledge today is not something of modern phenomena, but it is something which has been existent since print culture was developed. Print technology shapes what we consider as knowledge, and hence as knowledge platform
Techno-sociality of knowledge production
The Concept of Knowledge today is not something of modern phenomena, but it is something which has been existent since print culture was developed. Print technology shapes what we consider as knowledge, and hence as knowledge platform
Techno-sociality of knowledge production
Examples of knowledge platforms:
1. Baidu baike
2. English wikipedia
3. Hudong
4. Catawiki
5. Wikieducator
6. Open street map
7. Pad.ma
8. Sahapedia
9. Internet archive
10. Jstor
11. Dsal
12. Dli
In 1994 Cunningham developed the ‘Wiki Wiki Web’ also known as the ‘Ward Wiki’. Basically it is a knowledge platform.
Internet since then has been used for dissemination of information especially in the education sector. Digital Archived have developed over the years which provide information across various platforms like Wikipedia.
The spread of the internet has made possible the building of knowledge bases by seamless and mass collaboration.

Generic challenges for Wikipedia

Quality, relevance, consistency of knowledge
Suitable motivation of the contributors
Another issue is the scalability

Some of the problems faced by Indian Wikipedian pages:

Technical infrastructure for Indian languages
Typing in the regional language
OCR: complexity of Indian language scripts
Various other technical troubles like browser compatibility, font display, etc., which deter new users
Dearth of quality content available in digital format
Different standards/formats/generations (gov.in/DLI)
Relative lack of research/academic standards, which is transferred on to Indic wikipedias.
Lack of knowledge sharing culture.
Building a mass knowledge platform is the need of the hour.
The platform should be user friendly, easily available and adoptable; offline outreach is key to effective use of online platforms.
The programme should have feedback loop key, behavior statistics data, reinvent and replicate the programme, multi-channel awareness, ‘user connect’ programmes.
The people should communicate knowledge sharing objectives, make knowledge sharing fun, appoint ambassadors; virtual volunteer community building looks simple but its complex and leads to failure.

VIDEO

Session: 4 Affordable Devices to access the Internet

(by Ravikiran Annaswamy)
Click to read the presentation slides


Given above is a picture of the speaker Ravikiran Annaswamy giving a demo of the low cost Akash tablet.

Overview of Affordable Mobile Phones such as Lava Iris, Karbonn A1, Nokia Asha, etc.
Overview of Affordable Tablets such as Aakash, Ubislate, Karbonn Smart A34, etc.
The number of Internet users in India is expected to nearly triple from 125 million in 2011 to 330 million by 2016, says a report by Boston Consulting Group.
How Internet Penetration impacts society.
Demo of the devices.
Need for Mobile Internet
Sugata Mitra & Arvind Eye Care examples.

VIDEO

Day 3: June 10, 2013

The third day of the Institute focussed on Wired means of accessing the Internet, the technology involved followed by an assignment time where the participants were introduced to 2 topics and asked to work on an assignment. This was followed by a site visit in the afternoon to MapUnity. MapUnity develops technology to tackle social problems and development challenges. Their GIS, MIS and mobile technologies are used mostly by government departments and civil society organisations and in the R&D initiatives of commercial ventures.

Session 1: Wired Access Technology

(by Dr. Nadeem Akhtar)
Click to read the presentation slides

Some of the salient points discussed were:

Wired and Wireless

Wired:

Separate communication channel for each users
Low signal attenuation
No interference
Fixed point-of-attachment

Wireless:

Shared medium of communication
Signal is attenuated by a number of factors
Interference between adjacent channels
Points-of-attachment can be changed on-the-fly

Ethernet:

A family of computer networking technologies for LANs which was Invented in 1973 and commercially introduced in 1980. The systems communicating over ethernet divide a stream o data into individual packets called frames. Each frame contains source and destination addresses and error-checking data so that damaged data can be detected and re-transmitted.
Ethernet, by definition, is a broadcast protocol
Any signal can be received by all hosts
Switching enables individual hosts to communicate

Digital subscriber line (DSL):

DSL uses existing telephone lines to transport data to internet subscribers and the term xDSL is used to refer to a number of similar yet competing forms of DSL technologies which includes ADSL, SDSL, HDSL, HDSL-2, G.SHDL, IDSL, and VDSL. DSL service is delivered simultaneously with wired telephone service on the same telephone line and this is possible because DSL uses higher frequency bands for data.

Asymmetric DSL (ADSL):

ADSL is the most commonly installed technology and an ADSL tech can provide maximum downstream speeds of up to 8 mbps.

Modem and router:

Modem is specific to a technology
Modem is de/modulator, it takes bits coming from one protocol/technology, demodulates it (converts it into original data), and re-modulated the original data to another protocol/technology.
Router allows creation of a local area network, allowing multiple devices to connect to the network and access internet together through the router. It has very high bitrate DSL (VDSL) and goes up to 52 mbps downstream and 16 mbps upstream. The length of the physical connection is limited to 300 meters and the second generation VDSL (CDSL2) provides data rates up to 100 mbps simultaneously in both direction, but maximum available bit rate is still achieved about 300 meters.

Cable:

Cable broadband uses existing CATV infrastructure to provide high-access internet access; uses channels specifically reserved for data transfer
Support simultaneous access to broadband and TV programs
Cable access tech is built for one-way transmission; hence some congestion takes place for bi-way data transfer, leading to much lower upstream connection relative to downstream connection for data.

Fiber:

It is a generic term for any broadband network architecture using optical fiber; fiber to the neighborhood; fiber to the curb; the street cabinet is much closer to the user’s premises, typically within 300m, thus allowing ethernet or radio-based connection to the final users; fiber to the basement; fiber to the home (BSNL already providing); fiber to the desktop
Passive optical networks (PON)

Advantages of fiber:

Immunity to electromagnetic interference.
Provides very high data rates at long distances.
When network links run over several 1000s of meters (e.g., metro area networks), fiber significantly outperforms copper.
Replacing at least part of these links with fiber shortens the remaining copper segments and allows them to run much faster.
The data rate of a fiber link is typically limited by the terminal equipment rather than the fiber itself.

Assignment
Participants were given two options for an assignment to work on in the coming days and they could choose either one.

Assignment A
The Universal Service Obligation Fund of India has put out a Call for Proposals under two schemes:

Mobile Connectivity and ICT related livelihood skills for womens’ SHGs (http://www.usof.gov.in/usof-cms/pdf21may/Concept_Paper.pdf), and

Access to ICTs and ICT enabled services for persons with disabilities in rural India. (http://www.usof.gov.in/usof-cms/usofsub/Concept%20paper_USOF%20Scheme_PwDs_A.G.Gulati.pdf)

Your NGO is committed to the task of facilitating access to the Internet for women/ persons with disabilities in rural parts of Kerala and wishes to submit a proposal/ project idea in partnership with a service provider to the USOF.

Assignment B
You are a member of the ancient tribe of Meithis residing in Manipur. Over the years, there is a strong feeling in your community that although the Government has rolled out projects to connect the rural areas throughout India, these have not been successful for your tribe and there is still even a lack of basic fixed telephony, let alone mobile and broadband services. You have hence come to the conclusion that there is a need for focused efforts to target such communities as yours and have decided to submit a concept note to the USOF requesting that ‘ethnic and rural tribal communities’ be specifically included within the mandate of the USOF’s activities by defining them as an ‘underserved community’.


Given above is a picture of the participants engaged in a discussion.

Field Trip - Destination: MapUnity.
MapUnity develops technology to tackle social problems and development challenges. Their GIS, MIS and mobile technologies are used mostly by government departments and civil society organisations, and in the R&D initiatives of commercial ventures. MapUnity presented their product offerings to the participants.

VIDEO

Day 4: June 11, 2013

Session 1: Universal Access

(by Archana Gulati)
Click to read the presentation slides

Given above is a picture of Archana Gulati speaking on Universal Access.	Tuesday revolved around questions of access and openness. The day kicked off with Archana Gulati, a policy expert in access to ICTs for people with disabilities talking on Universal Access. Ms. Gulati stressed the importance of ICTs for social development. ICTs are a necessary aid in development structures including education, health and increased citizen participation in national affairs & they provide crucial knowledge inputs into productive activities. However, even with the Telecom boom, there still exists an access gap in India, which cannot be covered by commercially viable systems.

This 'actual access gap' exists because of geographic (scattered population, low income, low perceived utility of service, lack of commercial/industrial customers, lack of roads, power, difficult terrain, insurgency), economic (urban poor) and social inequality (gender, disabilities) differences. To achieve Universal Access or Universal Service, additional efforts must be made, so as to include these groups. However, Universal Access and Universal Service, while they may imply the same thing, are very different approaches to deal with the problematic access gap.

Universal service, a term coined by Theodore Vail, president of AT&T in 1906, argued that the government should enforce the usage of only one network. This approach suggests a monopolization of the market and goes against the liberal market principle.

Universal access on the other hand suggests cross-subsidizing the low and no profit service areas by high profit service areas. However, this results in the urban population to get over-charged while the rich rural areas benefit from rural subsidizing.

So how do we enable a fair and inexpensive network to be able to create access for a large number of people equally?
Ms. Archana Gulati went on to introduce the Sanchar Shakti scheme as a contribution to national access in India. It was initiated with the objective of improving rural SHG access skills, knowledge, financial services and markets through mobile connections and involved several stakeholders like NABARD, handset/modem manufacturers, DoT USOF, Mobile VAS Providers, Lead NGOs, Mobile Service Providers.

This scheme shows how important is, for the commercial, private and public sector to work together on obtaining accessibility to ITCs.

Session 2: Free and Open Internet

(by Pranesh Prakash)
The following session by Pranesh Prakash on Free and Open Internet showed how the internet can still be a restrictive place which does not allow for internet equality. His talk focussed on the concepts of free and open Internet. Prakash started by stating the Freedom of Speech and Expression Article of the Indian Constitution and in an interactive round it was discussed, how these articles are fundamental for securing other basic human rights. This was demonstrated by an example in which the distribution of food did not proceed equally, as misinformation and restrictions led to an inappropriate hoarding of goods. Therefore, it is important for everyone to have that right. In fact, the Indian constitution formulates Article 19 in a positive way, implying not only everyone should have that right, but that the government must promote the upholding of these rights.

However, in the case of Article 66a, the law actually caused a problem with freedom of speech in itself, as it penalizes sending false and offensive messages through communication services. This is a massive impediment on free speech, as outsiders decide upon what is offensive and what is false.

The other side of freedom of speech and expression is censorship. Online, the removal of websites and editing of content often happens quietly and obscures the fact that someone or something is being censored. Unlike book burnings in the past, which were always made a big political spectacle, often websites are simply removed without a trace, or one is faced with a 404 error, when trying to access it. Because of the offensive content law, journals and magazines are quick to remove supposedly offensive content, as it seems more difficult to engage in argument with the people claiming offense. The CIS proposed a counter-law to secure for this to happen less, as freedom of speech includes the freedom to receive that speech.

VIDEO

Session 3: Openness

(by Sunil Abraham)

Next to ensuring freedom of speech and access, the third session of the day focussed on Openness in terms of Open Source software. Sunil Abraham, CIS executive director, stated the importance of free software and open access of data, as they ensure what he called the four freedoms of internet usage, namely the freedom to use for any purpose, the freedom to study, to modify and to share (freely or for a fee). Proprietary software imposes on these freedoms, as it only has restrictive use and a strong copyright. However, there are alternatives that have moderate copyrights, or so-called copy centred perspectives, or even copyleft, including the above mentioned rights into the terms of the software usage.	Above is a picture of Sunil Abraham speaking on Openness

In alignment with Sunil Abraham’s talk Pranesh Prakash criticized copyright law cutting into accessibility rights, as copyright infringements include translation into other languages, audio versions and also integral parts of education. The key is not to have a "one size fits all" copyright solution, as it is impossible to treat twitter content the same as a blockbuster movie. However, the government of India is doing exactly that and needs to interlink questions of access with copyright law.

VIDEO

Session 4: Open Content

(by Prof. Subbiah Arunachalam)
Prof. Subbiah Arunachalam, who led the next session, discussed Open Content. He had seen during the course of his experience India's poor performance in Science & Technology and outlined the reasons for the same. The lack of access to information essential in scientific research and knowledge production, he said, was the major limiting cause.

VIDEO

Session 5: Quick Talk on Copyright Law and Access

This short session dealt with implications of copyright law on internet access.

Activity

The participants were divided into two groups, and they were asked build as huge a network as possible with their personal belongings and present their creations. The participants had good ideas. One group placed their mobiles and laptops into the network to have them as nodes. The other group implemented the re-routing around censorship.

VIDEO


Given above is a picture of the participants in an activity making the longest network possible with their personal belongings.

Day 5: (June 12, 2013)

Session 1: Privacy on the Internet in India

(by Sunil Abraham and Elonnai Hickok)

Click to view the presentation slides

Given above is a picture of Elonnai Hickock speaking about privacy	The following day, June 12th started off with “Privacy” as the theme. The session Privacy on the Internet in India was led by CIS privacy experts Sunil Abraham and Elonnai Hickock. In an exchange of anecdotes, it was made clear how there needs to be a certain degree of state surveillance to secure the citizens safety. This can happen through off air interception and active or passive cell phone towers that can track mobile devices. However, encryption is an important tool to secure one’s own privacy against cyber espionage.

Some of the salient points discussed were:

Off-the Air Interception
Possible to set up active or passive cell phone tower.
The signal strength will be strong and everyone looks for it.
Capacity to identify itself as a service provider.
Interception can begin with encryption Technology today used by security agencies.
NTRO- national technical Research Org and Outlook

VIDEO

Session 2: E-Accessibility

(by Nirmita Narasimhan)
Click to view the presentation slides


Given above is a picture of Dr. Nirmita Narasimhan speaking on e-accessibility

The second session was on “E-Accessibility” led by Dr. Nirmita Narasimhan. Some of the salient points discussed were:

Problems arising out of disability
Accessibility-Infrastructure and ICT
Assistive technologies for PWD’s.
Reasonable accommodation (not available or cannot be and requires extra effort and putting up an accessible copy up) and universal Design (for both for PWD’s and non-PWD’s).
Web Content Accessibility is operable and easily understandable.
Accessibility standards include; Daisy (6 types of books including audio and text books) is all about marking up the documents. Really a good way to read but is expensive and time consuming, also need Daisy tools and player to make it work.
In 1808 the first typewriter was developed to help the blind.
Considerations involved in Web Accessibility
Overlap b/w mobile accessibility and web accessibility.
Example- Raku Raku phone captured 60% of market share in Japan. It has many assistive features.
Relay Services has a middle man who passes on the message b/w different PWD’s in many countries, but it is not yet available in India.
PWD’s communicating with customer care – the issues involved.
Accessibility Policy- very few people are adopting accessible technologies. There is a need to have a strong policy. U.K. and U.S. already have strong policies related to accessible and assistive technology for PWD’s.

Video

Session 3: International Bodies and Mechanisms

(by Tulika Pandey and Gaurab Raj Upadhyay)
Activity
Gaurab incorporated an Activity into his talk to enable the students to have a clearer understanding of International Bodies and Mechanisms.


Given above is a picture of the speaker Gaurab Raj Upadhaya explaining the International Bodies and Mechanisms

Some of the salient points discussed during his talk were:

Definition: “Internet Governance is the development and application by Govt., the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures and programmes which shape the evolution and use of internet.”
It should be multilateral, transparent and democratic
Enhanced cooperation means to enable govt…

Technical issues to keep in mind while talking about internet:

Critical internet resources
Root server locations
Open Standards (CIS leads the initiative)
Interoperability
Search Engines
Internationalized Domain names (in own script & language)
Content

Virtual yet real space and most important question to be understood is that whether, the governance of internet is possible?
Public Policy- to monitor cross-border data flow, Openness vs Privacy
India’s Outlook in internet policies-Pillars of Internet which is not fully addressed by the Indian government today.
Established an Inter- Ministerial Group by including various government departments into the arena.
Layer 0-7 Names and Numbers
Layer 8 and above
Applications and Usage
Legal business, policy, etc.

Session-4: E-Governance

(by Tulika Pandey and Sunil Abraham)


Given above is a picture of the speaker Tulika Pandey speaking about e-Governance

Some of the salient points discussed were:

Making policies in India is difficult because the population is huge and implementation at rural level is difficult.
Bombarded by Techno utopians- who believe in technology’s ability to change lives.
Techno determinants- Corruption solved through technology through open government data. More technology is better, the most sophisticated ones are the best are gross misconceptions.
Bhoomi project tried to deal with corruption at village level. Important policy change made all paper work illegal and digitized the land records etc. every action and request will be logged. But this led to creation of new corruption. Bribes were taken even before data was logged!
UID Project (Cobra Post Scam) around 20 public sector and 30 private banks were involved in money laundering scams.
People who design the systems in Delhi prepare sub-contracts.

VIDEO

Day 6: (June 13, 2013)

Session 1: Critical Perspectives of the Internet

(by Dr. Nishant Shah)
Click to view the presentation slides

The sixth day of the Institute kicked off with Nishant Shah, director of research at CIS, looking into Critical Perspectives of the Internet. Nishant made a very important distinction between the internet as infrastructure and as social network constructing alternative universes. Nonetheless it was important to stress that technology should not be alienated in the process of this separation but seen as an integral part of it, as the digital is as much part of reality as any other technology and has become essential as a technology of change that it brings about not only in scientific but also in social development. Quoting Michel Foucault, Shah argued that technology becomes influential when it changes life, labour and language, which is why research in the field should involve critical ways of thinking about body, space and community.	Above is a picture of Dr. Nishant Shah speaking on Critical Perspectives of the Internet.

The body perception can be perceived through the way bodily agencies change through technology. Technology does not necessarily taint or corrupt the body, but can also be a way to escape its confines. To put it to a point, we are all born into technology and cannot free ourselves from them, as for example pregnancy already starts with nutritional supplements, regulatory diets and exercise and essentially ends with birth technologies that do not necessarily involve only the digital - we must remember, speech is one of the oldest technologies available today.

VIDEO

Session 2: Strategies for Policy Intervention

(by Chakshu Roy)
The second session on “Strategies for Policy Intervention” was led by Chakshu Roy. This session dealt with various ways in which policy intervention can be made and the various factors necessary to successfully engage in policy forums.

VIDEO

Session 3: Profile of Internet Service Providers

(by Satyen Gupta)
Click to view the presentation slides


Given above is a picture of Satyen Gupta speaking about Internet Service Providers

Satyen Gupta during his talk on “Profile of Internet Service Providers” discussed the nature, offerings and profile of various ISPs in India, their market share and dynamics.

The salient points discussed were:

National Broadband Plans
Spectrum Issues “Management”
Reality check of Indian ISPs
Broadband Definition & Penetration
Roadblocks for Broadband in India, Governments Role, Regulation
Institutional Framework for the Indian Telecom
Broadband Access in India- Technology-Neutrality
Satellite based DTH Services offer alternate for the Broadband via Receive Only Internet Service (ROIS)
Broadband using DTH for Receive-only Internet
VSAT has the potential for significant impact on Broadband Penetration in Remote Areas
Fixed Wireless Access- an important access technology
Facilitating Radio Spectrum for Broadband Access
Fiscal measures to reduce the cost of access devices, infrastructure and broadband service
Reduction in the cost of connectivity
National Internet Exchange of India (NIXI) -National Internet Exchange of India (NIXI) has been set up on recommendation of TRAI by DIT, Government of India to ensure that Internet traffic, originating and destined for India, should be routed within India.
Emerging Broadband Services
Broadband Commission for Digital Development (BCDD)-UN Targets for Universal Broadband,2015
NOFN India-Existing Fiber Infrastructure and Coverage by Various Service Providers
National Telecom Policy (NTP) 2012- Salient Features
State of Internet Services and ISPs in India:
1. India’s Ranking on Key Broadband Indicators
2. Regulator’s Report – Growth of Internet in India
3. Internet Subscribers Base & Market share of top 10 ISPs
4. Technology trends for Internet/Broadband Access
5. Internet/broadband Subscribers for top 10 states
6. Tariff Plans for USO funded Broadband
7. Contribution of Telcos in Development of Internet Services
8. Incumbent’s Role in Growth of Broadband
9. Plugging rural missing link- BBNL
Internet Subscribers Base & Market share of top 10 ISPs

VIDEO

Session 4: Competition in the Market by Helani Galpaya

Helani Galpaya during her talk on “Competition in the Market” discussed about what competition meant, Herfindahl–Hirschman Index to measure how competitive a market is, what are the dangers of monopoly markets and the landscape of the Telecom market in India.


Above is a picture of Helani Galpaya speaking about Competition in the Market

Day 7: (June 14, 2013)

The final day of the Institute focussed on how the Internet can be used to effect change on society – Activism was the theme.

Session 1: Leveraging Internet for activism

(by Ananth Guruswamy)
Click to read the presentation slides


Above is a picture of Ananth Guruswamy speaking during the session on leveraging internet for activism

Some of the salient points discussed were:

Digital Activism
Target Omar Abdullah. It is about an act called Administrative detention Act. One can be detained without act i.e. The Preventive Detention Act. He directly responded to the threat.
Twitter seems to be a place where the political leaders are actually accessible. This kind of access was not possible in day to day life earlier if one was a common man. This phenomenon is developing. Even in Corporate setup writing a mail directly to the CEO seems possible.
Strengths: Wide reach, Freedom of speech, Data collection is made easy, Issues can be tackled swiftly, Global communities, singular identities have lot of power. Eg: 190 Million people stood up against Poverty; this kind of mobilization impossible without internet.
Besides local issues even Global issues are addressed an collection of funds becomes easy. Onion.com once a struggling publication in U.S., but now with a global audience it is thriving and it has a healthy reader base today.
The Earth Hour helps people connect across space and time.
Weakness: More popularity, more attention; Traditional/Real Protest has become rare and a threat; There is no real action beyond internet, threat of movement is low, there is no real commitment involved in digital activism and just one click is enough to make one ‘feel good’.
Opportunities: Recruitment of protestors for real protests. Diff. b/w real and virtual blurred; anything that affects the mind space is real. The intersection is interesting.
Threats: Total removal of privacy, Government intervention in private issues and there could be misinterpretation of people’s thoughts by certain people.
Traditional vs Digital activism: Traditional fails to provide results whereas clicking a button is as easy as wearing a badge.
Facebook activism: ‘Like Buttons’, People moving away from reading emails, a shift towards use of facebook; creates a sense of belongingness which the traditional activism failed to achieve.
India against Corruption: used mobile phone effectively.
Social Media has changed the way protests happen globally and in India, one example is Twitter. Change.org is a website which gives freedom to anybody to start a petition without any external source; Awaaz.org another such petition website.
Green Peace launched a Green peace X which was a runaway success. YouTube is another platform for the masses. People today are more interested in watching rather than reading.
Pakistan in 2007: “Flash protests”; Free Fraizan Movement on Twitter.
Something to keep in mind regarding while launching a campaign online is to think who the audience is and what we want them to do and how will the campaign help our objectives?
How to measure success of a social media campaign?
Reach
Engagement- likes, tweets, comments, etc.
Influence
Attrition Score

VIDEO

Session 2: Internet Access Activism

(by Parminder Jeet Singh)
The next session on “INTERNET ACCESS” ACTIVISM by Parminder Jeet Singh dealt with how people can contribute to initiatives for improving internet access amongst masses.

VIDEO

Session 3: Ensuring Access to the Internet

(by A.K. Bhargava)
Click to view the presentation
The last session on “Ensuring Access to the Internet” by A.K. Bhargava discussed strategies to enhance access to the Internet in India with special focus on National Optical Fibre Network.

The salient points discussed were:

-    Role of Broadband in Nation Building
-    Policy Aspiration of Broadband - How do we meet aspiration?
-    Telecom Network Layers‐Gaps in OFC Reach
-    BBNL Interconnection
-    NOFN - Bridging The Gap
-    Digital Knowledge Centres (DKCs)
-    Architecture of BBNL
-    NOFN Impact

Societal
- Bridging the digital divide
Business
- Job creation, indigenous industry growth
Sectoral
- Improved connectivity, data growth
Technological
- Differentiators
VIDEO

Speaker Presentation Slides
All the presentation aids/slide shows barring a few have been uploaded to the website at http://internet-institute.in/repository

Presentation of Assignments
The participants presented their assignments which were given to them to work on the 3rd day. The participants were presented with Wikipedia T-Shirts as a token of appreciation.


Given above is a picture of the participants presenting their assignments

Participant Feedback
All participants were asked to fill a "Session Feedback Form" for each of the sessions and also an "Overall Feedback Form". They were also constantly encouraged to come up with suggestions and inputs on how to make the Institute more interesting.

The key findings from the Quantitative Feedback provided are:
(The figures below are averaged scores (out of 5) provided by participants in the Overall Feedback Forms)

S.No.	Parameter	Score (Out of 5)
1	Relevance of Content	3.6
2	Comprehensiveness of Content	3.44
3	Easy to Understand	3.55
4	Well Paced	3.33
5	Sufficient Breaks	3
6	Duration of Talks	3.2
7	Mix between Learning & Activities	3

The key findings from the Qualitative Feedback provided are:

S.No.	Points observed
1	Presentations – Participants felt sessions with accompanying slides/aids were most helpful. Some felt that accompanying notes could also be useful for future reference.
2	Use of Examples/Case Studies – Participants felt concepts can be better assimilated if case-studies/examples are used. Some also felt that for the technological advancements discussed, it would have been better had the social/economic impact of the same was discussed too.
3	Implementation Gaps– One participant, who is working at the field level in Kolkata had a specific thing to say about the talk about BSNL and its offerings– Although BSNL has so many options available on paper to connect to the Internet, common service centres in West Bengal are mostly run on Tata Indicom’s network even though the board outside says “BSNL” etc. She felt that the reality is far different from what exists on paper.
4	Interactive sessions were most appreciated than speaker led sessions.
5	There were many responses to the question “How will you apply this new information in the future” and it is very encouraging. People have given thought to contributing to Wikipedia in their mother tongue, take the knowledge to the field work that they are associated with, continue with their research, change their Internet connections, to help file RTIs, to adopt more open source software, sharing with students, advocacy efforts, etc
6	The responses to the question “What did you learn from the session/workshop that was new?” elicited more responses for the following sessions Domestic Bodies and Mechanisms Case-studies such as Air Jaldi Low cost devices in India USOF Free & Open Internet Copyright laws Privacy Accessibility Digital Natives ISPs
7	Field Trip – One participant said “One or two of the persons from MapUnity could have made the presentation at the institute venue itself. A visit to an underserved or un-served community with interactions with the people there could also have given a good understanding of on-ground challenges and needs.”
8	Follow-up Session –One participant had ideas about having a follow-up session “A follow-up call [webinar?] after 6 months to see if any of these concepts were useful would be an interesting exercise to take up”
9	Assignment – Participants felt that the assignments were good but they needed more time to work on the same.

Other Feedback:

The food and the facilities were enjoyed and appreciated by all.
The remote location of the Golden Palms Resort was a concern for most of the participants.

Participation Certificates
Participation Certificates (template shown below) have been mailed to all the participants in the third week of July 2013.


Given above is the certificate declaring the successful completion of the event

Institute Expenses

A total of Rs. 19, 91,889 (Rupees nineteen lakhs ninety one thousand eight hundred and eighty nine only) was spent towards organizing and conducting the Internet Institute. A breakup of the Institute Expenditures is given below:

S.No.	Type of Expense	Description	Total
1	Venue – Golden Palms Resort	Accommodation for participants, speakers and food	12,91,176
2	Travel	Cost of Air tickets	2,94,515
3	Local Travel	Airport Pickup/Drop, Local City Travel	1,41,001
4	Gifts & Printing	Gifts for speakers and ad hoc document printing charges	24,000
5	Infrastructure	Telephony, Audio, Video, Stage	1,05,000
6	Participant Bags		10,650
7	Reimbursements	Reimbursements to participants and speakers	1,25,547
Total Expenses			19,91,889

What the participants had to say

Sangh Priya Rahul – “One of my organisation's work is more or less related to empowerment of rural areas so knowledge about USOF will be useful there.” (On USOF)

Rashmi. M – “Makes me more sensitized towards the disabled people.” (On e-Accessibility)

Preethi Ayyaluswamy – “Would help me in strategically planning for an online campaign” (On digital activism).

Conclusion

The Institute was highly engaging and enabled the participants to explore the various facets of Internet & Society. As was evident from the feedback forms, participants had given thought to contributing to Wikipedia in their mother tongue, take the knowledge to the field work that they are associated with, continue with their research, change their Internet connections, help file RTIs, adopt more open source software, sharing with students, advocacy efforts etc. There was a very high level of expertise amongst speakers at the Institute which was apparent from the participatory discussions and a lot of insightful perspectives were brought forth. There was a common consensus amongst all participants that inclusive growth across all dimensions would take efforts from all stakeholders.

We hope to learn from the findings of this Institute and work towards a better second Institute.


Above is a group picture of all the participants and the organizers

For more details visit https://cis-india.org/telecom/knowledge-repository-on-internet-access/institute-on-internet-and-society-event-report

Institute for Internet & Society 2014, Pune

samantha — 2014-04-07T11:31:23Z

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

Day One

February 11, 2014

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

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

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

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

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

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

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

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

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

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

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

Day Two

February 12, 2014

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

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

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

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

Evening Discussion

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

Day Three

February 13, 2014

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

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

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

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

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

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

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

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

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

Day Four

February 14, 2014

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

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

eAccessibility and Inclusion, Prashant Naik

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

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

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

Day Five

February 15, 2014

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

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

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

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

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

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

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

Fieldwork Presentations, Groupwork

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

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

Day Six

February 16, 2014

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

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

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

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

Case Studies, Groupworks

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

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

Day Seven

February 17, 2014

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

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

Internet Activism, Laura Stein

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

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

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

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

Indian Newspapers' Digital Transition

zeenab — 2016-12-09T07:12:53Z

This report examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment. The report comes out of a collaboration between the CIS and the Reuters Institute for the Study of Journalism, University of Oxford, and was supported by the latter. The research was undertaken by Zeenab Aneez, with contributions from Rasmus Kleis Nielsen, Vibodh Parthasarathi, and Sumandro Chattapadhyay.

Download: PDF.

Cross-posted from the Reuters Institute for the Study of Journalism (December 08, 2016).

Executive Summary

This report examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment.

The background for the report is the rapid and continued growth in digital media use in India. Especially since 2010, internet use has grown at an explosive pace, driven by the spread of mobile web access, also outside large urban areas and the more affluent and highly educated English-language minority that have historically represented a large part of India’s internet users. Some analysts estimate more than 30% of Indians had some form of internet access by the end of 2015 (IAMAI-IMRB, 2015). With this growth has come a perceptible shift of audience attention and advertising investment away from legacy media like print and television and towards digital media. This shift has been accompanied by the launch of a number of new digital media start-ups in India and, especially, the growing role of large international technology companies investing in the Indian market.

These developments present Indian newspapers with new challenges and opportunities. Print circulation and advertising is still growing in India, but more slowly than in the past, and especially the English-language market seems saturated and ripe for the shift towards digital media that has happened elsewhere. From 2014 to 2015, the Indian advertising market grew by 13%. Print grew 8%, but English-language newspaper advertising only half of that. Digital advertising, in contrast, grew by 38%, and is projected to continue to grow for years to come as digital media become more central to India’s overall media environment (KPMG-FICCI, 2016).

If they want to secure their long-term future and continued editorial and commercial success, Indian newspapers have to adapt to these changes. The three case studies in this report represent three different examples of how major newspapers are navigating this transition.

Based on over 30 interviews conducted with senior management, editors, and rank-and-file reporters from three major newspapers, as well as other senior journalists and researchers who have wider experience in the Indian news industry, plus secondary sources including industry reports and academic research, we show the following.

All three newspapers are proactively investing in digital media technology and expertise, and adapting their editorial priorities, parts of their daily workflow, distribution strategies, and business model to the rise of digital media. Tools like Chartbeat are now commonplace; search engine optimisation, social media optimisation, and audience analytics are part of everyday work; and some are experimenting with new formats (Hindustan Times was a launch partner for Facebook Instant Articles; Manorama Online has produced both Virtual Reality and 360 videos, an Apple watch app, and is on Amazon Echo).
Given that the print newspaper industry is still growing in India, especially in Indian-language markets, these newspapers are innovating from a position of relative strength in comparison to their North American and European counterparts. However, this is done with the awareness that that print is becoming a relatively less important part of the Indian media environment, and digital media more important. Short-term, reach and profits come from print, but longer term, all have to build a strong digital presence to succeed editorially and commercially.
All three newspapers aim to do this by building on the assets they have as legacy media organisations, and trying to leverage their brand reputation, audience reach, and editorial resources to maintain an edge over digital news start-ups and international news providers. Their legacy, however, offers not only assets, but also liabilities. As successful incumbents, all of them struggle with the inertia that comes from established organisational structures and professional cultures. To change their organisation and culture, and thus more effectively combine new technologies and skills with existing core competences, each newspaper is not only investing in digital media and personnel, but also trying to change at least parts of the existing newspaper to adapt to an increasingly digital media environment.
They do this in different ways. At Dainik Jagran and Malayala Manorama, the focus has been on building up separate digital operations at Jagran.com and Manorama Online, apart from the printed newspaper itself. At the Hindustan Times, in contrast, the aim has been to integrate print and digital in a joint operation working across platforms and channels. Dainik Jagran and Malayala Manoroma have thus focused mostly on building up new digital assets, whereas the Hindustan Times has been transforming existing assets to work across platforms. At Dainik Jagran and Malayala Manorama, much of the push for change has come from management, whereas there has been a stronger editorial involvement at the Hindustan Times, and a greater attempt to engage rank-and-file reporters through training sessions and other initiative designed to demonstrate not only the commercial importance, but also the editorial potential, of digital media.
All three newspapers have found that expanding their digital operations requires investment of money in new technologies and in staff with new skills. But it is also clear that this is not enough. Investment in technology has to be accompanied by a change in organisation and culture to effectively leverage existing assets in a digital media environment. In their attempts to do this, the most significant barriers have been a perceived cultural hierarchy, deeply ingrained especially in the newsroom, that print journalism is somehow inherently superior to digital journalism, and a lack of effective synergy between editorial leaders and managers, often combined with a lack of technical know-how. Money can buy new tools and bring in new expertise, but it cannot on its own change culture, ensure synergy, or align the organisation with new priorities. This requires leadership and broad-based change. Long-term, senior editors, management, and rank-and-file reporters will have to work and change together to secure Indian newspapers’ role in an increasingly digital media environment.

Digital media thus present Indian newspapers with challenges and opportunities similar to those newspapers have faced elsewhere. Only they face these from a position of greater strength, because of the continued growth in their print business, and with the benefit of having seen how things have developed in more technologically developed markets. We hope this report will help them navigate the digital transition ahead.

For more details visit https://cis-india.org/raw/indian-newspapers-digital-transition

India's Ratification of the Marrakesh Treaty Celebrated; Accessible Books Consortium Launched

nehaa — 2014-07-01T11:09:08Z

On Day 1 of the 28th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”), the WIPO organized an event to mark India’s ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, 2013 (“Marrakesh Treaty”), and to launch the Accessible Books Consortium (“ABC”).

India Becomes the First Country to Ratify the Marrakesh Treaty

Francis Gurry, Director General, WIPO said that the Marrakesh Treaty received 79 signatures in the twelve month period that the treaty was open for signatures. He further said that India’s ratification of the Marrakesh Treaty one year from its conclusion was a “WIPO record of sorts” and a “great example from a major country” of the importance attached to the Marrakesh Treaty.

Dilip Sinha, Ambassador and Permanent Representative of India to the United Nations in Geneva handed over India’s Instrument of Accession to the Marrakesh Treaty to Francis Gurry. Ambassador Sinha in his speech stressed on the importance of the Marrakesh Treaty to India and said that it helped that India had its amendments to its Copyright Act, 1957 in place, incorporating the provisions of the Marrakesh Treaty.

Maryanne Diamond, the Immediate Past President of the World Blind Union (“WBU”) congratulated India on its ratification. Calling it a country who showed “huge leadership” in negotiations of the Marrakesh Treaty, Ms. Diamond said that this ratification was extremely significant, with India being home to a large number of blind and print disabled people and a part of the Global South. Ms. Diamond urged other nations to follow India’s example and make it a priority to ratify the Marrakesh Treaty.

Jens Bammel, Secretary General, International Publishers Association (“IPA”) also congratulated India on its ratification of the Marrakesh Treaty and called on other member states to ratify it.

Accessible Books Consortium Launched

At the launch of the ABC, Mr. Gurry said that the Marrakesh Treaty was only the means to an end, where the end was books in the hands of print disabled and visually impaired persons across the world. “To make it operational,” said Mr. Gurry, “we need to have operational activities.” He said that the ABC was an operational activity which would “breathe life” into and “make operational” the legal framework provided by the Marrakesh Treaty.

What Does it Do?

Mr. Gurry said that the ABC aimed at achieving three things- first, capacity building; second, international book exchange and third, international book exchange.

Capacity Building- Mr. Gurry said that the ABC seeks to provide training on accessible book production and distribution. He thanked the Republic of Korea which has committed to providing financial assistance for training in respect of production of books in accessible formats.
International Book Exchange- Mr. Gurry said that this activity was an IT supported facility, namely, the TIGAR Service which has its origins in India. This would allow participating institutions to perform international searches of databases to find out if accessible formats of books are available.
Inclusive Publishing- Mr. Gurry said that at the end of the day, “books should be born accessible” and technology was creating the “promise of the realization of this aspiration.” Mr. Gurry said that the ABC would promote accessible publishing and to this end, had drawn up a charter of accessible publishing- Accessible Publishing Best Practice Guidelines for Publishers. Elsevier is the first publisher to have signed this charter.

India, WBU and IPA delighted

Praising the ABC, Ambassador Sinha called it an indicator of what multi-stakeholder cooperation needs to do. He said that the ABC would assist organizations such as the DAISY Forum of India in achieving the goal of access to books in accessible formats. Congratulating the WIPO for its efforts on this front, Ambassador Sinha said that this would help nations like India realize their goal of achieving the purposes of the Marrakesh Treaty. Ms. Diamond, representing the WBU congratulated Elsevier on signing the charter. Jens Bammel, on behalf of the IPA expressed concern for making books available in accessible formats for non English speakers. The ABC, he said, was a project initiated to “genuinely complement” the Marrakesh Treaty, and would create a global catalogue of accessible works, whether provided by libraries or by publishers. Expressing his delight that the ABC was being supported equally by all stakeholders, Mr. Bammel reached out to member states to support this initiative politically.

For more details visit https://cis-india.org/accessibility/blog/indias-ratification-of-marrakesh-treaty-celebrated