Centre for Internet and Society

The Web of Our Strife

pranesh — 2012-06-04T05:45:34Z

At the 66th session of the UN General Assembly, India proposed the formation of a Committee on Internet-Related Policies (CIRP) to address what it sees as a policy vacuum in internet governance.

Pranesh Prakash's article was published in the Times of India on June 2, 2012.

This CIRP will, in the view of India's government, address the US domination of internet policymaking, and make it more democratic and 'multistakeholder'. As an example of this domination, our government cites the oversight role that the US government exercises over ICANN, the non-profit corporation that controls the net's domain name system, as well as the control it exerts over DNS root servers (with all changes needing to go through the US Department of Commerce).

But many civil society organisations, technology companies, and even a few Indian politicians (notably Rajeev Chandrashekar and P Rajeeve), oppose the CIRP as being a proposal for the UN takeover of internet governance. The role of nation-states in governing the internet has been minimal so far. Many attribute the success of the internet to this lack of interference from governments. They ask why we need to fix something that is not broken? In effect, why regulate something that clearly works without such regulation?

It is clear that this status quo will not suffice for many governments. Various countries - like the US, with its Stop Online Piracy and Cyber Intelligence Sharing and Protection acts, and India, with our Information Technology Act and recent Intermediary Guidelines Rules - look to actively regulate the net. ICANN, supposedly a purely technical organisation, has got embroiled in policy issues too. This was seen in the. xxx top-level domain name debacle, where governments tried to intervene, but ultimately failed. Many such purely domestic regulations, like SOPA, have international implications. Even India's Intermediary Guidelines Rules, for instance, require compliance from internet companies across the world. The US government has seized domain names of Spanish file-sharing websites that are hosted in Spain, even though they have been held to be legal there.

So while international forums exist for internetrelated policy discussions, including the Internet Governance Forum (IGF), they are limited by a lack of actual power to even so much as recommend policy positions. Hence there are forums for discussions, but none for resolving problems. The proposed CIRP seeks to be such a body, "with a view to ensuring coordination and coherence in crosscutting internet-related global issues".

Besides, apart from domestic legislation starting to encroach upon the international nature of the internet, there's another issue: that of countries like Russia and China pushing for a less 'multistakeholder' approach to internet governance. So the status quo is unsatisfactory, the alternatives are worrisome, and attempts at 'enhanced cooperation' within existing frameworks (for instance, through India's proposal for IGF reforms) have failed to find enough backers. Given this, a CIRP-like mechanism might well be the preferred option. Importantly, a singular body within the UN system for internet policy could help ensure that other UN agencies which are even less 'multistakeholder' don't overstep their mandates and start making regulations all by themselves.

However, the current CIRP proposal lacks many safeguards that would allay the fears expressed by those who oppose it as 'government control of the internet'. First, while the Indian government has, in its proposal, laid out the CIRP's mandate, it has not laid out the limits of its powers in carrying out that mandate. Second, the CIRP is currently a government body that is merely 'advised' by various stakeholders, with nothing to indicate that this advice will be heeded. This is unsatisfactory, given the internet policy transgressions that are committed by various national governments, as seen, say, in Iran or China. Arguments that the UN system is nation-state-centric do not suffice, since processes that aren't nation-state-centric, such as the Internet Governance Forum, are also being spearheaded by the UN.

If such criticism is addressed, then the CIRP should indeed be welcomed. But we should also be realistic. Governments are effectively being asked to cede certain aspects of sovereignty by being told that the internet is a phenomenon that traditional approaches to policymaking just cannot address. They will not do so easily.

Further, the reality of international realpolitik must be acknowledged - about governments actually following the CIRP. The US, for instance, regularly ignores rulings by the ICJ and the WTO with impunity.

More importantly, and as some cyberlibertarians like Milton Mueller and Adam Thierer remind us, 'multistakeholderism' is only a process (involving multiple stakeholders), and does not provide substantive principles for internet governance (when may websites be blocked, for instance;or who should control the domain name system). Such sobering realpolitik, Mueller believes, is reason enough to be sceptical of the CIRP proposal as it currently stands. He may well be right.

But given the current trend of states individually wielding excessive powers over various aspects of how their citizens access and use the internet, a CIRP-like body may well be what is needed to safeguard democratic principles and innovation on the internet.

For more details visit https://cis-india.org/internet-governance/the-web-of-our-strife

The Quixotic Fight to Clean up the Web

sunil — 2012-01-26T20:53:02Z

The ongoing attempt to pre-screen online content won’t change anything. It will only drive netizens into the arms of criminals, writes Sunil Abraham in this article published in Tehelka Magazine, Vol 9, Issue 04, Dated 28 Jan 2012.

GOOGLE AND Facebook’s ongoing case in the Delhi High Court over offensive online content is curious in three ways. First, the complaint does not mention the IT Act, 2000. Prior to the 2008 amendment, intermediaries (in this case, Google, Facebook, etc) had no immunity. But after the amendment, intermediaries have significant immunity and are not considered liable unless takedown notices are ignored.

Second, it is curious that the complaint does not mention specific individuals or groups directly responsible for authoring the allegedly offensive material. Only intermediaries have been explicitly named. If specific content items have been submitted in court then it is curious that specific accounts and users have not been charged with the same offences.

Three, Delhi-based journalist Vinay Rai claims that takedown notices and requests for user information were ignored by the intermediaries. As yet, unpublished research at the Centre for Internet and Society has reached the exact opposite conclusion. We sent fraudulent takedown notices to seven of the largest intermediaries in India as part of a policy sting operation. Six of them over-complied and demonstrated no interest in protecting freedom of expression. Our takedown notices were complied with even though they were largely nonsensical. It is therefore curious that Rai’s takedown notices were ignored.

Under Section 79 of the IT Act, the intermediary must not “initiate the transmission”, “select the receiver of the transmission” and “select or modify the information contained in the transmission”. In other words, they must not possess “actual knowledge” of the content. This would be absolutely true if intermediaries acted as “dumb pipes” or “mere conduits”. But today, they have reactive “human filters” ensuring conformance to community guidelines that often go beyond constitutional limits on freedom of expression.

For example, Facebook deletes breastfeeding photographs if a certain proportion of the breast is visible, despite numerous protests. Intermediaries also use proactive “machine filters” to purge their networks of pornography and copyright infringing content. In order to retain immunity under the IT Act, intermediaries would have to demonstrate that they have no “actual knowledge”. This would also imply that they cannot proactively filter or pre-screen content without becoming liable for illegal content.

More sophisticated “machine filters” will continue to be built for social media platforms as computing speeds increase and costs decrease dramatically. But there will be significant collateral damage — the vibrancy of online Indian communities will be diminished as legitimate content will be removed and this in turn will retard Internet adoption rates. Free media, democratic governance, research and development, culture and the arts will all be fundamentally undermined. So whether pre-censorship is technically feasible is an irrelevant question. The real question is what limits on freedom of expression are reasonable in the Internet age.

The legal tussle is yet another chance for reflecting on the shortcomings of the IT Act

Censorship is like prohibition, illegal content will persist, the mafia will profit and ordinary citizens will be implicated in criminal networks. Use of anonymising proxies, circumvention tools and encryption technologies will proliferate, frustrating network optimisation efforts and law enforcement activities.

This is yet another opportunity for reflecting on the shortcomings of the ITAct. A lot of the confusion and anxiety today emerges from vague language, unconstitutional limits on freedom of expression, multi-tiered blanket surveillance provisions, blunt security policy measures contained in the statute and its associated rules. The next Parliament session is the last opportunity for MPs to ask for the rules for intermediaries, cyber cafes and reasonable security practices to be revisited. The MP who musters the courage to speak will be dubbed a superhero.

As told to Shonali Ghosal. Sunil Abraham is Executive director, centre for internet and society and can be contacted at sunil@cis-india.org. The original article was published in Tehelka.

Illustration by Sudeep Chaudhuri

For more details visit https://cis-india.org/internet-governance/quixotic-fight-to-clean-the-web

The Last Word: Is there a need to review Information Technology Act?

praskrishna — 2012-11-21T12:10:15Z

Does the high-handed arrest of two young girls mean it's time to review and revise the IT Act?

Aryaman Sundaram, Pavan Duggal, Pranesh Prakash and Ravi Visvesvaraya Prasad took part in a discussion with Karan Thapar on section 66A of the IT Act. This was aired on CNN-IBN on November 20, 2012.

Pranesh Prakash said that it was just not a history of misuse of section 66A of the IT Act because that presumes that the law is otherwise fine and it has just been applied wrongly. This law is fundamentally flawed. It is unconstitutional. It is like a law in which there is a provision on rape, murder, theft, nuisance, everything put together in a single section with the same punishment being given for all of them. This obviously is not good law making but that is exactly what has been done in this case by taking bits from laws in the UK and from elsewhere and mashing them all up into one omnibust gargantuan monster which is unconstitutional.

Pranesh Prakash also added that the fact is that if you have bad laws they will be used to harass people. Having good law is one part of that. Apart from that there has been also other laws which have been misapplied in this case. In all these recent cases, section 66A of the IT Act wasn't the only provision used. This particular section has been used in conjunction with some other laws. So section 66A of the IT Act independently is not required. There are other laws in the Indian Penal Code and elsewhere which are usually enough to cover all the things that section 66A of the IT Act is right now covering. It is just an add on provision that really can't justify its existence unless it is really reduced in scope.

Watch the full video that was aired on CNN-IBN

For more details visit https://cis-india.org/news/ibnlive-videos-november-20-2012-the-last-word-is-there-a-need-to-review-information-technology-act

The ICANN-US DOC 'Affirmation of Commitments' - A Step Forward?

anja — 2011-08-02T07:16:09Z

On 30 September 2009, ICANN (Internet Corporation for Assigned Names and Numbers) signed an Affirmation of Commitments (AoC) with the US Government's Department of Commerce. For those of us who are concerned that the Internet should serve the global public good, is the new arrangement a step forward? An assessment.

On 30 September 2009, ICANN signed an Affirmation of Commitments (AoC) with the US Government's Department of Commerce. ICANN is the not-for-profit public-benefit corporation that coordinates the Internet's naming system. The Affirmation has been widely hailed for the loosening of US-ICANN ties that it implies. The unilateral control that the US exercised over the organisation had for long been criticised in various quarters as inappropriate for a – by now - global resource such as the Internet. A central instrument of this control was constituted by the reviews that the US's NTIA (National Telecommunications and Information Administration) would conduct of the organisation, based on which the country's Department of Commerce would rework and renew its contract with ICANN. With the signing of the AoC, reviews will henceforth be conducted by panels to be appointed by the Chair of ICANN's Board of Directors, as well as the Chair of the Government Advisory Committee (GAC) in consultation with the other members of the GAC. Since the Affirmation of Commitments is of long standing – unlike earlier Memoranda of Understanding, which had a limited validity – and since the US has demanded for itself a permanent seat on only one of the four panels that the AoC institutes, the US has indeed given up significant amounts of the control that it wielded over the organisation so far.

A clear step forward? Well, not necessarily – and in many ways it is too early to tell. Because while the denationalisation of ICANN was high on many stakeholders' agenda, so was the strengthening of ICANN as an accountable tool for global governance. And where the latter is concerned, the AoC falls sorely short. Although ICANN likes to posit itself as an organisation rooted in communities, where policy is developed from the bottom up, this wonderfully democratic discourse stands in rather ugly contrast to the quite questionable practices that are all too frequently reported from the organisation (the rather stepsisterly treatment meted out to noncommercial users in ICANN in recent times, for example, immediately comes to mind [1]). At the root of this contradiction seems to lie the fact that, while ICANN may be a public interest organisation on paper, in practice it is heavily dominated by large businesses, in particular those US-based, who seem to be willing to go to considerable lengths to defend their interests. The AoC has done nothing to check these tendencies. The review panels suggested are an internal affair, where those who develop policy will get to appoint the people who will assess the policy development processes, and most of those appointed, too, will come from within the organisation. While the suggested wider involvement of ICANN communities, including governments, in reviewing the organisation is a welcome move, it remains to be seen, then, to what extent these review panels will have teeth – in any case their recommendations are not binding. But some go even further and argue that the AoC has effectively removed the one democratic control that existed over ICANN's Board: that of the US Government. As the communities that supposedly make up ICANN do not have the power to unseat the Board, the Board now is effectively accountable... to none.

Since it does not directly address accountability problems within ICANN, the AoC is not so much an improvement, then, as simply a change: it has closed a few old doors, and opened some new ones. Whether this is for good or for bad remains to be seen: in the absence of clear structures of control and oversight, the shape of things to come is never fixed. For those within ICANN who genuinely want to work towards an Internet in the service of the public good, rather than of big business, there is, therefore, a tough task ahead of trying to ensure that the most will be made of the opportunities that the new arrangement does provide. Considering ICANN's institutional culture, this will undoubtedly mean that much of their energy will need to be invested in simply trying to shape new procedures and frameworks of governance in more democratic and accountable directions, eating into valuable time that could and should have been devoted to policy development instead. Indeed, irrespective of the final outcome of the AoC, the spectre of ICANN's lack of accountability and its glaring democratic deficit, for now, remains. And for a forum such as ICANN, that is unbecoming to say the least.

1] For more information, please see http://ncdnhc.org/profiles/blogs/ncuc-letter-to-icann-board-of, http://ncdnhc.org/profiles/blogs/top-10-myths-about-civil, and http://blog.internetgovernance.org/blog/_archives/2009/10/2/4338930.html.

For more details visit https://cis-india.org/internet-governance/blog/the-icann-us-doc-affirmation-of-commitments-a-step-forward

Tata Photon unblocks Wordpress.com

praskrishna — 2012-09-03T01:53:47Z

As of yesterday, the Tata Photon service of the Internet service provider (ISP) Tata Teleservices seems to have lifted the block it had put on the Wordpress.com domain for over a week.

The post was published in tech2 on August 30, 2012. Pranesh Prakash is quoted in it.

Tech2 had reported on Saturday that the free platform of Wordpress was put under a blanket ban across India by the ISP following government orders to block around 309 URLs carrying disruptive or inflammatory content. Directives issued by the Department of Telecommunications (DoT) to ISPs between August 18 and 21 state that only the URLs mentioned be blocked, not entire domains. Users could neither view Wordpress blogs nor edit or post new content on them, the first instance of which was noticed by us on August 20.

Our repeated efforts to contact Tata Teleservices' officials drew a blank. Numerous users who contacted customer service did not receive any replies or resolution. Through the course of the blockade, the ISP did not even display any message to Wordpress visitors that the domain was blocked, nor did it notify the owners of Wordpress blogs about it. Puzzled users tried resetting their Internet connections, clearing DNS caches, and calling the customer service helpline only to realise that they were experiencing an ISP-level block.

The reactions of Wordpress users ranged from annoyance to distress. Human rights activist and lawyer Kamayani Bali Mahabal commented on Tech2, "Yes, my wordpress blog is blocked and I have 4 blogs...have also written to TATA. I can access through [an] anonymous browser but I cannot log in, edit and do admin functions, I can do about 50 percent work on my blog. Dashboard not accessible[,] barely manage to post, will be suing TATA soon". In a blog post, she has described her experience of the block.

Blogger Shantanu Adhicary who goes by the nom de blog Tantanoo says, "My blogs are self-hosted [on Wordpress] so I was not affected. But it was annoying that I was unable to access, read or comment on other Wordpress blogs, especially in the absence of any message whatsoever that this site has been blocked".

The move by Tata Teleservices is being seen as ham handed; around 25 million Wordpress blogs were made inaccessible to deal with a few rotten eggs. Blogger and social media consultant Prateek Shah opines, "Blanket bans on domains because content on some of their pages is objectionable are akin to jailing a certain section of society just because some people from the community broke the law. Wordpress plays an extremely important role on the Internet and if such a site were to go down even for a few hours, it would mean mayhem for bloggers as well as readers who count on the platform to get the latest updates and information. ISPs need to mature and grow up to the fact that one can't put millions of people in jeopardy when apparently trying to protect the interests of some".

In June, the Madras High Court had granted relief to netizens in India by urging that there be no more John Doe orders. “The order of interim injunction dated 25/04/2012 is hereby clarified that the interim injunction is granted only in respect of a particular URL where the infringing movie is kept and not in respect of the entire website. Further, the applicant is directed to inform about the particulars of URL where the interim movie is kept within 48 hours.”

Pranesh Prakash, Policy Director at Centre for Internet and Society (CIS), agrees the move was wrong but shares insights about the position of the ISPs. He says, "It was obviously wrong. It contravenes the government's orders to not block the base URL but individual pages. Action should be taken against them for causing inconvenience to users. This is not the first time an ISP has gone overboard in implementing censorship, be it copyright issues, piracy or inflammatory content. In 2006, the government had chastised ISPs for over-censoring content and blocking unintended websites and pages. Having said that, ISPs have numerous grouses against the government. They do not possess the technical capabilities to implement the government's orders, at times, whether about surveillance or censorship".

ISPs that are also telecom services providers, find themselves unable to decipher government notifications about shutting off content on the Internet or introducing curbs on mobile communication. Prakash's analysis of the 300-odd URLs blocked by the Indian government reveals glaring mistakes in the government directives "that made blocking pointless and effectual". When asked to opine about what ISPs and telcos should do when the orders from the government were not crystal clear, Prakash said, "They should ask for clarifications from the government. The operators sought clarifications from the Ministry of Telecommunications about the recent orders to ban bulk text messages and MMSes. The ministry was unable to resolve them, and in turn, sought further clarifications from the Home Ministry. The government should coordinate better".

Tata Teleservices was not the only ISP guilty of throwing the baby out with the bathwater. Sify too reportedly imposed a blanket block on the Wordpress domain. Airtel went overboard by temporarily blocking Youtu.be URLs last week citing orders by the court or the DoT.

For more details visit https://cis-india.org/news/tech-2-in-com-aug-30-2012-tata-photon-unblocks-wordpress

Submission by the Centre for Internet and Society on Revisions to ICANN Expected Standards of Behavior

vidushi — 2016-06-30T06:07:37Z

Prepared by Vidushi Marda, with inputs from Dr. Nirmita Narasimhan and Sunil Abraham.

We at the Centre for Internet and Society (“CIS”) are grateful for the opportunity to comment on the proposed revisions to ICANN’s Expected Standards of Behavior (“Standards”).

Before providing specific comments on the proposed revisions, CIS would like to state for the record our extreme disappointment while noting that there is no indication of the intention to draft and adopt a dedicated anti - harassment policy. We are of the firm opinion that harassment, and particularly sexual harassment, is not only a sensitive topic, but also a deeply complex one. Such a policy should consider scope, procedural questions, redressal and remedies in cases of harassment in general and sexual harassment in particular. A mere change in language to these Standards, however well intentioned, cannot go too far in preventing and dealing with cases of harassment in the absence of a framework within which such instances can be addressed.

Some of the issues that arose at ICANN55 were confusion surrounding the powers and limits of the Ombudsman’s office in dealing with cases of harassment, the exact procedure to be followed for redressal surrounding such incidents, and the appropriate conduct of parties to the matter. There will be no clarity in these respects, even if these proposed changes are to be adopted.

Specifically, the proposed language is problematic and completely inadequate for the following reasons:

Vague

Terms like “professional conduct” and “appropriate behavior” mean little in the absence of a definition that entails such conduct. These terms could mean vastly different things to each community member and such language will only encourage a misalignment of expectation of conduct between community members. The “general” definition of harassment is at best, an ineffective placeholder, as it does not encompass exactly what kind of behavior would fall under its definition.
Fails to consider important scenarios

The proposed language fails to consider situations where some attempts or advances at communication, sexual or otherwise, occur. For example, consider a situation in which one community member stalks another online, and catalogues his/her every move. This is most certainly foreseeable, but will not be adequately covered by the proposed language. Further, terms like “speech or behavior that is sexually aggressive or intimidates” could or could not include types of speech such as art, music, photography etc, depending on who you ask. It also does not explain the use of the word behavior - physical, emotional, professional, online behavior are all possible, but the scope of this term would depend on the interpretation one chooses to apply. In part 4 below, we will demonstrate how ICANN has applied a far more detailed framework for harassment elsewhere.
Ignores complexity

In discussions surrounding the incident at ICANN55, a number of issues of arose. These included, inter alia, the definition of harassment and sexual harassment, what constituted such conduct, the procedure to be followed in such cases, the appropriate forum to deal with such incidents and the conduct that both parties are expected to maintain. These questions cannot, and have not been answered or addressed in the proposed change to the Standards. CIS emphasizes the need to understand this issue as one that must imbibe differences in culture, expectation, power dynamics, and options for redressal. If ICANN is to truly be a safe space, such issues must be substantively and procedurally fair for both the accused and the victim. This proposed definition is woefully inadequate in this regard.
Superficial understanding of harassment, sexual harassment

The proposed changes do not define harassment, and sexual harassment in an adequate fashion. The change currently reads, “Generally, harassment is considered unwelcome hostile or intimidating behavior -- in particular, speech or behavior that is sexually aggressive or intimidates based on attributes such as race, gender, ethnicity, religion, age, color, national origin, ancestry, disability or medical condition, sexual orientation, or gender identity.” These are subject to broad interpretation, and we have already highlighted the issues that may arise due to this in 1, above. Here, we would like to point to a far more comprehensive definition.

ICANN’s own Employment Policy includes within the scope of sexual harassment “verbal, physical and visual conduct that creates an intimidating, offensive or hostile working environment, or interferes with work performance.” The policy also states:

Harassing conduct can take many forms and includes, but is not limited to, the following:

Slurs, jokes, epithets, derogatory comments, statements or gestures;

Assault, impeding or blocking another’s movement or otherwise physically interfering with normal work;

Pictures, posters, drawings or cartoons based upon the characteristics mentioned in the first paragraph of this policy.
Sexually harassing conduct includes all of the above prohibited actions, as well as other unwelcome conduct, such as requests for sexual favors, conversation containing sexual comments, and unwelcome sexual advances.”

This definition is not perfect, it does not comprehensively consider advances or attempts at communication, sexual or otherwise, which are unwelcome by the target. Nonetheless, CIS believes that this is a far more appropriate definition that does not include vague metrics that the proposed changes do. Since it is one ICANN has already adopted, it can act as an important stepping stone towards a comprehensive framework.

Like ICANN, UNESCO’s organisational approach has been to adopt a comprehensive Anti-Harassment Policy which lays down details of definition, prevention, complaint procedure, investigations, sanctions, managerial responsibility, etc. Acknowledging the cultural sensitivity of harassment particularly in international situations, the policy also recognizes advances or attempts at communication, sexual or otherwise. Most importantly, it states that for conduct to come within the definition of sexual harassment, it “must be unwelcome, i.e. unsolicited and regarded as offensive or undesirable by the victim.”

Conclusion

In conclusion, we would like to reiterate the importance of adopting and drafting a dedicated anti-harassment policy and framework. The benefits of safety, certainty and formal redressal mechanisms in cases of harassment cannot be over emphasized.

Importantly, such measures have already been taken elsewhere. The IETF has adopted an instrument to address issues of harassment that occur at meetings, mailing lists and social events. This instrument contemplates in detail, problematic behavior, unacceptable conduct, the scope of the term harassment, etc. It further envisages a framework for redressal of complaints, remediation, and even contemplates issues that may arise with such remediation. It is particularly important to note that while it provides a definition of harassment, it also states that "[a]ny definition of harassment prohibited by an applicable law can be subject to this set of procedures, recognising harassment as a deeply personal and subjective experience, and thus encouraging members to take up issues of harassment as per their cultural norms and national laws, which are then considered as per procedures laid down."

A similar effort within the ICANN community is critical.

For more details visit https://cis-india.org/internet-governance/submission-by-the-centre-for-internet-and-society-on-revisions-to-icann-expected-standards-of-behavior

Spy in the Web

nishant — 2012-03-26T06:38:51Z

The government’s proposed pre-censorship rules undermine the intelligence of an online user and endanger democracy.

Kapil Sibal’s recent remarks demanding that private social media companies like Google, Microsoft and Facebook remove "objectionable" content from their social networks has created a lot of furore. It should not come as a surprise to us that just like any other platform of publication and content creation, several rules and regulations already regulate online content while still respecting our constitutional right for freedom of speech and expression in India.

From terms of services of the different web 2.0 products that seek to moderate "offensive" or "harmful" material to strictly defined punishable offences as defined in the Information Technologies Act, framed by the Government of India, there are various ways by which material that might incite violence, hatred or pain is systemically removed from the digital space.

Largely, this happens silently. Unless you are particularly keen on certain spurious websites, you wouldn’t even realise that there is a list of blacklisted websites that remain inaccessible to us in India. Once in a while, we realise the regulatory nature of state censorship when certain actions come to light. In 2006, the Indian government blocked Blogspot, the popular blogging platform, because they had detected "anti-national" activities by certain groups using the blog.

More recently, India’s first home-grown erotic comic series Savita Bhabhi was banned and taken off its Indian servers, without realising that in the era of cloud-computing, the comic still remains available through different containers and spaces. In both these cases, while one might be able to provide a critique of the Indian government’s attempts at censoring and regulating information, there is reasonable sympathy to the idea that some control on information is possibly a good thing.

It is in the very nature of information to be filtered. I am sure everybody will agree that censoring, controlling and regulating information of certain kinds — involving child pornography, calls for violence and vandalism aimed at insulting and offending vulnerable sections of the society — is probably in the interest of a healthier information society. And hence, one nods one’s head, rather grudgingly at some of the censorship laws (print, TV, internet, et al) and accepts that we need them, at least in principle, if not in execution.

However, what Sibal is asking for is not in the same vein. Censorship laws have always been very cautious of what constitutes "offensive" content and have relied both on the larger opinions of the community as well as the informed expertise of legal bodies to censor information. More often than not, an act of censorship is implemented when certain sections of the society, in their interaction with certain information, find it offensive or insulting and ask for a block. Pre-emptive censorship, the kinds performed by the Central Board of Film Certification, is in service of existing legal infrastructure around production and distribution of information.

Protective guidelines for censoring information, as was recently seen in the Broadcast Editors’ Association’s mandate around not intruding into the privacy of the Bachchan baby and the mother, during the birth of the child, are demonstrably for the protection of a person’s private life.

Sibal’s new calls for censorship against material “that would offend any human being” is separate from all these instances in three ways. First, while Sibal is an important political figure in this country, he is not the lord of information production. Using the power of his office to call for taking down of content that he found offensive (fortunately it did not incite him to violence and moral decrepitude) is undemocratic and possibly extra-legal (as in not within the boundaries of law, but who will bell the cat?).

To ask private companies and use his influence to bully them into curtailing the constitutionally provided freedom of speech and expression is in bad taste. There is enough regulation that could be invoked to seek arbitration between Sibal’s opinion and somebody else’s about how Sonia Gandhi should be represented online.

Second, Sibal might pretend that he is only asking for censorship of online content the way in which we have for other media, but that is a fallacy. What he is advocating is an ethos of pre-censorship, where, even before the material becomes public, it is screened through human agents who, through some divine right would know the right from wrong — read as what the powers to be want and don’t. To override existing regulation and ask for this extra layer of human scrutiny of all information being produced online is the equivalent of certain unnamed people in Mumbai, who, when Mani Ratnam was about to release his film Bombay, asked for a private screening of the film and then recommended some friendly cuts in it.

Third, is perhaps, and I write this with regret, Sibal has undermined the critical intelligence and engagement of the social media’s ardent users. He has fallen into the trap of suggesting that impressionable minds will be easily corrupted if they are introduced to "undesirable" information online, the same information that will apparently not drive human pre-screeners to prurient activities because they will be protected by the mantle of government sanction. Instead of drawing upon the wisdom of crowds, which invites communities and people to flag information that they find offensive and asks for independent arbitration, he has asked for an undemocratic and unconstitutional call for censorship which threatens the very structures of political protest, resistance and dialogue in the country.

If such draconian measures are going to be carried through, we might soon regress to a dystopia where all information is censored, filtered and reshaped only to suit the interests of those in power.

Nishant Shah, Director-Research wrote this article for the Indian Express. It was published on December 18, 2011. The original can be read here

For more details visit https://cis-india.org/internet-governance/spy-in-web

Social media, SMS are not why NE students left Bangalore

nishant — 2012-08-28T10:48:06Z

I woke up one morning to find that I was living in a city of crisis. Bangalore, where the largest public preoccupations to date have been about bad roads, stray dogs, and occasionally, the lack of night-life, the city was suddenly a space that people wanted to flee and occupy simultaneously.

Nishant Shah's article on North East exodus was published in FirstPost on August 20, 2012.

Through technology mediated gossip mill that produced rumours faster than the speed of a digital click, imagination of terror, of danger and of material harm found currency and we found thousands of people suddenly leaving the city to go back to their imagined homelands.

The media spectacle of this exodus around questions of religion, ethnicity and regionalism only emphasised the fact that there is a new wave of connectedness that we live in – the social web, or what have you – that can no longer be controlled, contained or corrected by official authorities and their voices.

Despite a barrage of messages from the law enforcement and security authorities, on email, on large screens on the roads, and on the comfort of our cell-phones, there was a growing anxiety and a spiralling information mill that was producing an imaginary situation of precariousness and bodily harm.

Much has been said about the eruption of this irrationality that pokes holes in the mantle of cosmopolitanism that Bangalore (and other such ‘global cities’) is enveloped in, in its quest to represent the India that is supposed to shine. It has been heartening to see how communities that were supposed to be in conflict have worked so hard in the last few days, at building human contacts and providing assurances of safety and inclusion, which are far more effective than the official word.

There has been a rich discourse on what this means for India’s modernity, especially when such an event marks the so-called neo-liberal cities, showing the darker undercurrents of discrimination and suspicion that seem to lie just beneath the surface of networked neighbourhoods.

While there is much to be unpacked about the political motivations and the ecologies of fear that our immigrant lives are enshrined in, I want to focus on two aspects of this phenomenon which need more attention.

The first is the fierce localisation of our global technologies. There is an imagination, especially in cities like Bangalore, of digital technologies as necessarily plugging us in larger networks of global information consumption. The idea that technology plugs us into the transnational circuits is so huge that it only tunes us towards an idea of connectedness that is always outward looking, expanding the scope of nation, community and body.

However, the ways in which information was circulating during this phenomenon reminds us that digital networks are also embedded in local practices of living and survival. Most of the times, these networks are so naturalised and such an integral part of our crucial mechanics of urban life that they appear as habits, without any presence or visibility, In times of crises – perceived or otherwise – these networks make themselves visible, to show that they are also inward looking.

The visibility of the networks, when they suddenly crop up for public viewing, for those of us who are outside of that network, it signals that something has gone wrong. There is a glitch in the matrix and we need to start unpacking the local, the specific and the particular that signals the separation of these networks from our habits of living.

The second point I want to make is about the need to look at the ellipsis that occurs in this spectacular emergence of the network and the apparatus that is set into place to control and regiment it. The hyper-visibility of the information and technology network destabilises the ways in which we think of our everyday, thus emerging not only as a sign of the crisis but a crisis unto itself.

These ellipses of the crisis – replacing the crisis with the network – as well as the collusion between the crisis and the network are the easy solution that state authorities pick up on.

This is a problem about the nation-wide building of mega-cities filled with immigrant bodies that are not allowed their differences because they all have to be cosmopolitan and mobile bodies. The solution, however, is offered at the level of technology.

Instead of addressing the larger issues of conservative parochialism, an increasing back-lash by conservative governments and a growing hostility that emerges from these cities which nobody possesses and nobody belongs to, the efforts are being made to blame technology as the site where the problem is located and the object that needs to be controlled.

So what we have is redundant regulation that controls the number of text messages we are able to send, or policing of internet for those spreading rumours. The entire focus has been on information management, as if the reason for mass exodus of people from the North East Indian states and the sense of fragility that the city has suddenly been immersed in, is all due to the pervasive and ubiquitous information gadgets and their ability to proliferate in peer-2-peer environments outside of the control of the government.

Digital Technologies have become the de facto scapegoats of many problems in our past. It invites more regulation, containment and censorship of the freedom that digital technologies allow you – from the infamous Delhi Public School MMS Scandal in the early 2000s to the recent attempts at filtering the social web – we have seen the repeated futility of such measures of technology control, and yet it appears as a constant trope in the State’s solution to the problems of the contemporary.

This obsession with governance of technology to resolve a much more nuanced problem is akin to fabulous stories of mad monarchs banishing spinning wheels from their kingdoms or sentencing hammers to imprisonment for the potential and possibility of crime.

And these solutions are always going to fail, because they fail to recognise either the intimate penetration of digital technologies in our everyday life, or the ways in which our local structures are constructed through the presence of ubiquitous technologies and gadgets and screens and networks.

These ellipses of the crisis – replacing the crisis with the network – as well as the collusion between the crisis and the network are the easy solution that state authorities pick up on.

Digital Technologies have become the de facto scapegoats of many problems in our past. It invites more regulation, containment and censorship of the freedom that digital technologies allow you – from the infamous Delhi Public School MMS Scandal in the early 2000s to the recent attempts at filtering the social web – we have seen the repeated futility of such measures of technology control, and yet it appears as a constant trope n the State’s solution to the problems of the contemporary.

For more details visit https://cis-india.org/internet-governance/www-first-post-com-aug-25-2012-nishant-shah-social-media-sms-are-not-why-ne-students-left-bangalore

So Much to Lose

nishant — 2012-12-07T16:39:09Z

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Second Response to Draft National Policy on Open Standards for e-Governance

pranesh — 2009-07-07T16:49:37Z

Another draft (labelled "version 2", dated May 26, 2009) of the draft national policy on open standards for e-governance was made available to Fosscomm, while many software companies were speaking out against NASSCOM's position on the policy. CIS drafted a second response addressing both the allegations against NASSCOM as well as the few shortcomings we perceive in the draft policy.

To
Shri Shankar Aggrawal
Joint Secretary (e-Governance)
Department of Information Technology
Ministry of Communications and Information Technology

Tuesday, July 7, 2009

Dear Sir,

Sub: Comments on Draft National Policy on Open Standards for e-Governance (version 2)

I am writing on behalf of the Centre for Internet and Society, which is a Bangalore-based civil society organization involved both in research and policy advocacy. Public accountability and digital pluralism are two of our core concerns, and it is for this that we are writing to you today. As a natural corollary of our mission, we aim at representing the concerns of citizens and consumers. You would recall that we had submitted comments to the call for comments you had put out for the draft National Policy on Open Standards for e-Governance last year (archived at <http://cis-india.org/advocacy/os/iosp/the-response/>).

We have recently received what appears to be a newer draft (version 2) of the National Policy on Open Standards for e-Governance, dated May 26, 2009. We are yet again very pleased to note the progressive nature of this document and wish to congratulate the government on its decision to promote the interests of the citizens of India over the narrow partisan interests of a few companies which wish to promote proprietary standards.

It has brought to our notice by some in the software industry that the National Association of Software and Services Companies (NASSCOM) has argued for the dilution of the definition of open standards by including standards licensed under “reasonable and non-discriminatory” terms to be considered “open”, and has also called for multiple standards in the same domain to be considered valid as a rule under the policy. We believe both these demands go against the interest of consumers of standards — which in this case is the Indian government — and are thus against the interest of citizens as well, since the Indian government handles data on behalf of its citizens.

Even “reasonable and non-discriminatory” terms of licensing of standards are in fact discriminatory as they prevent the development of free/libre/open source software based on those standards. And while having multiple implementations of a standard is beneficial as it increases consumer (i.e., governmental) choice, having multiple incompatible standards is detrimental to the government's interest as the policy itself recognizes in paragraph 4.2, and the very purpose (as enumerated in paragraphs 1, 3, and 4) of having standards is defeated. Even if the multiple standards are bi-directionally interoperable, additional costs are incurred in having concurrent multiple standards.

Thus, one hopes that the the threshold of “national interest” mentioned in paragraph 6.4.1 is set to a high level. Lastly, the views put forth by NASSCOM seem not to be truly legitimate as it has been the complaint of some that NASSCOM did not hold an open consultation with its own members before formulating its views. There are software giants, including IBM, Sun, and Red Hat, that have openly criticized the NASSCOMM position on open standards. More importantly, NASSCOM's position does not concur with what we believe is in the best interest of small and medium software enterprises, which constitute the bulk of the Indian software industry. We pray that you shall keep this in mind while considering NASSCOM's views.

We believe that apart from the technical reasons to favour open standards, there are many public interest reasons as well. We believe that the adoption of open standards is a step towards the promotion of equitable access to knowledge to all the people of our country. We further believe that public accountability will be served greatly by adoption of an open standards policy by the Central and State governments. While even developed countries (such as those of the EU) are mandating open standards in all governmental departments, processes, and interactions, it is developing countries that stand to gain most from open standards. Proprietary standards place a larger burden on developing economies than developed as developing economies have a greater need to participate in the global network by using standards, but do have lesser capabilities than developed economies in terms of paying for royalties.

On the document itself, while there are many reasons to hail it, we believe there are still a few shortcomings which we wish to bring to your notice.

Issue 1: Possibility of following letter of policy while violating its spirit

Explanation
Sometimes private companies can interfere with the standardisation process by exerting undue influence on the members of the standard setting body. That such undue influence have been sought to be applied even in India recently shows that this is not mere conjecture or idle speculation. Given this background, the document should note this as a problem and note that remedial measures could be undertaken in the event such undue influence comes to light.

Resolution
Introduce language, such as that used in the EU EIF, stating:
“Practices distorting the definition and evolution of open standards must be addressed immediately to protect the integrity of the standardisation process.”

Issue 2: Patenting and licensing of government-developed standards

Explanation
Paragraph 6.3 of the draft policy allows the government to opt for the development of a new standard by a Government of India-identified agency in case no standard is found to meet the government's functional requirements. However, it is not clear under what terms this standard will be available.

Resolution
Introduce a paragraph 6.3.1 stating:
“Any standard developed by or on behalf of the government shall be patent-free and the specifications of such a standard will be published online and will be available to all for no cost. Along with the standard, the government shall also provide, or shall cause to be provided, a free/libre/open source reference implementation of that standard.”

Issue 3: No framework provided for review or phasing out interim standards

Explanation
Paragraph 6.2 permits the government to adopt a non-open “interim” standard (one which does not fulfil all the mandatory requirements of open standards as laid out in 5.1) if no open standard exists in the specific domain for which the standard is required. This however does not have a clause necessitating the phasing out of such an interim standard.

Resolution
A review mechanism should be provided for periodic evaluation of all standards selected by the government, especially those designated as interim standards. A new paragraph 7.1.1 could be added:
“All standards selected through the processes outlined in this policy shall undergo an annual review by the Apex Body on e-Governance Standards, and all those designated as interim standards shall be reviewed biannually.”

Issue 4: Problematic definition in the glossary

Explanation
In Appendix A, the definition of “patents” (A.12) states: “The additional qualification 'utility patents' is used in countries such as the United States to distinguish them from other types of patents but should not be confused with utility models granted by other countries. Examples of particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents.” Many of these references are U.S.-specific and are not valid forms of patents in India (e.g. biological patents, business method patents, and software patents).

Resolution
Delete the last two sentences in A.12

We once again wish to compliment the government on developing such a strong policy on open standards, and hope that our suggestions are incorporated into the text of the final version. We further hope that the policy will be notified at the earliest, as there has already been considerable opportunity for the public and industry to comment on the draft versions of the policy.

Yours sincerely,

Pranesh Prakash
Programme Manager
Centre for Internet and Society

For more details visit https://cis-india.org/openness/publications/standards/second-response

Save Your Voice — A movement against Web censorship

praskrishna — 2012-03-13T11:44:27Z

‘Save Your Voice (SYV)’ is a movement against Web censorship and its main demand is the repealing of the Information Technology Act, said SYV founders, Aseem Trividi, a cartoonist, and Alok Dixit, a journalist, on Monday.

DNA Correspondent covered a press conference held on March 12, 2012 in Bangalore. Sunil Abraham was quoted in the story.

Trivedi’s website — www.cartoonistagainstcorruption.com — was banned during Anna Hazare’s movement. Trivedi said: “Mumbai police banned the website without any prior notice and cases of ‘treason’ were also filed. The website was banned without a judicial order and I haven’t received an explanation about the crime committed.”

Sunil Abraham, executive director, Centre for Internet and Society, said the private sector does not protect the freedom of expression.

Read the original published by Daily News & Analysis on March 13, 2012

For more details visit https://cis-india.org/news/save-your-voice-2014-a-movement-against-web-censorship

RTI Applications on Blocking of Websites

pranesh — 2012-12-21T06:34:27Z

In recent weeks, an increasing number of incidents have come to light on government-ordered blocking of websites. In one case involving Zone-H.org, it is clear who has ordered the block (a Delhi district court judge, as an interim order), even though the block itself is open to constitutional challenge. In all others cases, including the TypePad case, it is unclear who has ordered the block and why. We at CIS have sent in two right to information requests to find out.

While under the law (i.e., s.69A of the Information Technology Act), the Department of Information Technology (DIT) has the power to order blocks (via the 'Designated Officer'), in some cases it has been noted that the ISPs have noted that the order to block access to the websites have come from the Department of Telecom (DoT). Due to this, we have sent in RTI applications to both the DIT and the DoT.

RTI Application to Department of Information Technology

Shri B.B.Bahl,
Joint Director and PIO (RTI)
Office of PIO (RTI)
Room No 1016, Electronics Niketan
Department of Information Technology (DIT)
Ministry of Communications and Information Technology
6, CGO Complex, New Delhi

Dear Sir,

Subject: Information on Website Blocking Requested under the Right to Information Act, 2005

1. Full Name of the Applicant:
Pranesh Prakash

2. Address of the Applicant:
E-mail Address:
pranesh[at]cis-india.org

Mailing Address:
Centre for Internet and Society
194, 2-C Cross,
Domlur Stage II,
Bangalore – 560071

3. Details of the information required:

It has come to our attention that Airtel Broadband Services (“Airtel”) has recently blocked access to a blog host called TypePad (http://www.typepad.com) (“TypePad”) for all its users across the country. In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

Did the Department order Airtel to block TypePad under s.69A of the Information Technology Act (“IT Act”), 2000 read with the Information Technology (Procedures and Safeguards for Blocking Access of Information by Public) Rules, 2009 (“Rules”) or any other law for the time being in force? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites in contravention of s.69A of the IT Act?
Has the Department ever ordered a block under s.69A of the IT Act? If so, what was the information that was ordered to be blocked?
How many requests for blocking of information has the Designated Officer received, and how many of those requests have been accepted and how many rejected? How many of those requests were for emergency blocking under Rule 9 of the Rules?
Please provide use the present composition of the Committee for Examination of Requests constituted under Rule 7 of the Rules.
Please provide us the dates and copies of the minutes of all meetings held by the Committee for Examination of Requests under Rule 8(4) of the Rules, and copies of their recommendations.
Please provide us the present composition of the Review Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
Please provide us the dates and copies of the minutes of all meetings held by the Review Committee under Rule 14 of the Rules, and copies of all orders issued by the Review Committee.

4. Years to which the above requests pertain:
2008-2011

5. Designation and Address of the PIO from whom the information is required:

To the best of my belief, the details sought for fall within your authority. Further, as provided under section 6(3) of the Right to Information Act (“RTI Act”), in case this application does not fall within your authority, I request you to transfer the same in the designated time (5 days) to the concerned authority and inform me of the same immediately.

To the best of my knowledge the information sought does not fall within the restrictions contained in section 8 and 9 of the RTI Act, and any provision protecting such information in any other law for the time being in force is inapplicable due to section 22 of the RTI Act.

Please provide me this information in electronic form, via the e-mail address provided above.

This to certify that I, Pranesh Prakash, am a citizen of India.

A fee of Rs. 10/- (Rupees Ten Only) has been made out in the form of a demand draft drawn in favour of “Pay and Accounts Officer, Department of Information Technology” payable at New Delhi.

Date: Monday, February 28, 2011
Place: Bengaluru, Karnataka

(Pranesh Prakash)

RTI Application to Department of Telecom

Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II)
Room No 1006, Sanchar Bhawan
Department of Telecommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

Dear Sir,

Subject: Information on Website Blocking Requested under the Right to Information Act, 2005

1. Full Name of the Applicant:
Pranesh Prakash

2. Address of the Applicant:
E-mail Address:
pranesh[at]cis-india.org

Mailing Address:
Centre for Internet and Society
194, 2-C Cross,
Domlur Stage II,
Bangalore – 560071

3. Details of the information required:

It has come to our attention that Airtel Broadband Services (“Airtel”) has recently blocked access to a blog host called TypePad (http://www.typepad.com) (“TypePad”) for all its users across the country. Airtel subscribers trying to access this website receive a message noting “This site has been blocked as per request by Department of Telecom”. In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

Does the Department have powers to require an Internet Service Provider to block a website? If so, please provide a citation of the statute under which power is granted to the Department, as well as the the safeguards prescribed to be in accordance with Article 19(1)(a) of the Constitution of India.
Did the Department order Airtel to block TypePad or any blog hosted by TypePad? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites?
Has the Department ever ordered the blocking of any website? If so, please provide a list of addresses of all the websites that have been ordered to be blocked.
Please provide use the present composition of the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
Please provide us the dates and copies of the minutes of all meetings held by the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951, and copies of all their recommendations.

4. Years to which the above requests pertain:
2005-2011

5. Designation and Address of the PIO from whom the information is required:
Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II)
Room No 1006, Sanchar Bhawan
Department of Telecommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

Please provide me this information in electronic form, via the e-mail address provided above.

This to certify that I, Pranesh Prakash, am a citizen of India.

A fee of Rs. 10/- (Rupees Ten Only) has been made out in the form of a demand draft drawn in favour of “Pay and Accounts Officer (HQ), Department of Telecom” payable at New Delhi.

Date: Monday, February 28, 2011
Place: Bengaluru, Karnataka

(Pranesh Prakash)

For more details visit https://cis-india.org/internet-governance/blog/rtis-on-website-blocking

Round Table on Assessing the Efficacy of Information and Communication Technologies (ICTs) for Public Initiatives: A Report

sachia — 2011-08-20T22:28:55Z

Zainab Bawa reports on the Round Table on Assessing the Efficacy of Information and Communication Technologies for Public Initiatives, hosted by the Centre for Internet and Society, Bangalore, on 17 June 2009, in collaboration with the Liberty Institute, New Delhi.

In recent times, there has been an upsurge in the use of ICTs to provide information to people and to elicit participation. Individuals, corporate organisations, NGOs, civil society organisations, collectives, municipalities, political parties and politicians have been using the internet and other mediums to communicate with people. The round table was organised primarily to discuss two issues:

What is the effectiveness of the initiatives introduced in recent times?
How do we move forward in terms of partnerships/collaborations in the areas of data gathering, sharing, dissemination and architecture of information?

Given the constraints of time, however, we were only able to discuss a few issues with respect to efficacy of initiatives, rather than come up with a concrete action plan on how to measure effectiveness of many of the existing initiatives. This remains an agenda for subsequent meetings.

This round table was the first meeting of its kind. It brought together participants from diverse backgrounds to discuss key issues involved in leveraging ICTs towards various ends, and to collaborate with each other on ongoing initiatives. Participants included researchers, persons who have developed information platforms and databases, individuals working in the area of leveraging technology for streamlining processes in society and people who have been studying usage patterns of social media tools. Most of the participants were using ICTs to improve information access related to health issues, education, budgets, development of rural areas and recently, elections and governance. In the subsequent sections, I will briefly elaborate on some of the key themes around which discussions took place during the round table.

Building on Ideas: In the morning and pre-lunch sessions, one issue that featured prominently was the importance of developing ideas rather than trying to work out a perfect model that we believe will solve what we perceive to be people’s problems. Two of the participants explained that they started implementing ideas as they came to them, rather than trying to come up with a framework that they thought would work for the masses. They worked towards evolving their ideas, exploring what works and what does not. One of them further pointed out that such evolution cannot be observed as it happens; it only becomes apparent in hindsight. Hence, discussions such as the current round table are useful.

It is also important to note that we are still in a nascent stage of understanding how ICTs can impact people’s lives and deploying them accordingly. As a result, many efforts are likely to be in the stage of trial and error.

Key areas of interest and concern: Based on the input from participants in the morning session, we arrived at a list of areas that require more understanding and discussion.

Information gathering, dissemination, access – including information architecture, technology design: Here, three issues were discussed:

Who are we talking about when we refer to information access? It was pointed out that information is crucial particularly for people who do not have computers and for whom internet is not a priority. The intensity with which they seek information is remarkable. One of the participants argued that we undervalue the potential of information to make a difference to people’s lives.
How do we deliver information? Providing information is not enough.
Representativeness of the information for those who it is provided for.

Another issue that was referred to was whether language is a problem, i.e., most information is available only in English. One of the participants suggested that this is not the case because Google has found that a very small percentage of the population actually refers to material on the web in languages other than English.

Community mobilization: During the deliberations, we referred to the problem of replication of initiatives. Two observers of social media pointed out that replication happens because people are trying to create their own unique communities around their initiatives. This is an important insight for future efforts and also indicates the need to share databases and information that individuals and organisations have compiled. They also suggested that it is important to discover existing communities and spaces where conversations around issues of governance, education, health and development are taking place. This helps to plug into existing resource pools and to extend outreach.

Citizens’ participation: Initiatives that work and why they succeed - We briefly discussed the Jaagore campaign and India Vote Report, which were launched before the 2009 national elections in India to enable people to register on the electoral rolls and to report irregularities during elections respectively. Some people found it difficult to register themselves on the Jaagore website and some had difficulties in finding the local offices where they needed to follow-up with the process. It was also pointed out that Vote Report did not connect with the end user because it would have been easier to report irregularities and anomalies via SMS rather than trying to report them by logging on to the site. If one looks at the case of the Online Complaint Management System (OCMS) developed by Praja, the availability of the telephone hotline service through which citizens could register their complaints helped in widening usage. Thus, it appears that two issues are pertinent:

Whether the initiative connects with the people who are likely to use it;
Simplicity of design/system that enables more users.

Target Audience: One of the participants pointed out that some initiatives do not work because they are targeted towards the wrong audiences. For example, when it comes to voting and elections, poor groups are the ones who go out and vote in large numbers. Hence, information systems need to be tailored to provide them with the data that they need most. Access also has to be configured accordingly. In some instances, the target is too broad to reach out effectively.

It appears that there is a need to develop strategies on how platforms and databases that have been created to enhance access to information can be made known among the masses and how people can be made aware to use them. It is equally important to understand what constitutes ‘information’ and for whom. Here, the other issue to explore is how information links back to the people for who it is provided.

Technology: In this area, a key concern was the high costs involved in developing technologies and whether we could learn from each other’s experience of developing technologies instead of reinventing the wheel. We also discussed whether open source software helps to reduce costs of development. The other issue with respect to open source is whether there is enough assistance and support available to resolve problems that may crop up during use of technology from time to time.

Sharing of Data: Discussions also veered around the issue of whether appropriate technology and applications could be created to help with sharing existing databases and information pools. We did not discuss this issue in depth, but it remains relevant for subsequent meetings.

Back end integration: According to some of the participants, one of major problems is the interface between government and citizens, which remains weak. Technology can be used to enhance the interactions. Participants also pointed out the difficulty in obtaining data from government bodies that is important to create the interface between government and citizens. A participant involved with the Jaagore campaign referred to the problem of back-end integration during their efforts to help citizens register themselves with the election commission (EC) offices. A participant from Google similarly reported that they faced problems in obtaining election results from the EC’s offices as a result of which, they had to rely on their partners for this information. Here too, we could not deliberate on how to resolve this problem, but this could be a major theme for a subsequent meeting.

Performance (monitoring, evaluation): One of the themes that participants zeroed in on was the evaluation of the performance of elected representatives and making this evaluation available for people to see. Here, the debate was around the problem of evaluation being carried out according to the criteria we set which may not seem relevant to other sections of society. One of the suggestions that came up was to develop a matrix for evaluation and put out information accordingly. People can then use it to make their own judgments.

In the post-lunch session, some of the participants shared their experiences with implementation and also the work they and their organisations are currently engaged with. Towards the end of the round table, each one of the participants explained their respective projects and how they may wish to collaborate with other participants (who were present) in their initiatives. An e-group called “CIS-Info-Access” has been created to take these conversations and collaborations further.

Evaluation of the Round Table and Way Forward:

When invitations were sent out to people to participate in the round table, many of the invitees expressed a genuine and enthusiastic interest in being part of this effort. As mentioned above, one of the reasons for this enthusiasm was because this was the first meeting of its kind, bringing together individuals from the fields of technology, research and implementation. We invited a total of 35 people out of which 27 finally attended the meeting. The diversity of the participants was an asset in that a variety of issues were brought to the table. The drawback was that there was not enough time to discuss some of the pertinent issues in depth. Future meetings can be tailored to discuss one or two specific themes such as back-end integration and sharing of information, technology issues, ideas for mobilising citizens and communities, etc.

The possibilities of collaboration between participants in this meeting are immense and we hope that some of the synergies will materialise into concrete outcomes. Further, a few participants have expressed an interest in organising similar meetings in their cities/towns, perhaps focusing on a few issues instead of bringing people together under a broad theme. Of some of the issues discussed, participants have indicated that back-end integration with government and ideating on different ways of disseminating data can be further deliberated on in future. One of the participants also suggested that there is a need to make ‘data’ more relevant to people’s lives.

While the meeting was fruitful in many respects, one issue needs to be underlined. This concerns the imagination of internet and ICTs as mediums that can resolve all existing problems with respect to citizen-government interface, streamlining of processes and provision of information. Such an overarching imagination of technology overlooks the cultural, economic, social and political specificities of communities and contexts. Technology can also have negative implications in some circumstances. It also needs to be reinforced that technology is embedded in society and culture. Therefore we need to view technology as one of the avenues among others available which will facilitate interactions between people and their governments and the state. Democratisation is more likely to be realised through such a perspective.

For more details visit https://cis-india.org/events/event-blogs/round-table-assessing-efficacy

Resources

pranesh — 2009-10-20T03:29:16Z

A collection of resources that will help one navigate through the arguments and evidence for and against the Indian "Bayh-Dole" bill.

PUPFIP

Bayh-Dole

Technology Transfer

Innovation's Golden Goose (The Economist)

Improving Innovation(The Economist)

Scientific Culture

Patents and America's Universities(The Economist)

When Academia Puts Profits Ahead of Wonder(The New York Times)

Bayhing for blood or Doling out cash?(The Economist)

Evaluative Pieces

University Licensing under Bayh-Dole: What are the Issues and Evidence?(Thursby and Thursby)

Is Bayh-Dole Good for Developing Countries? Lessons from the US Experience(So et al.)

The Law of Unintended Consequences(Fortune Magazine)

The Growth of patenting and licensing by U.S. universities and the Bayh-Dole Act (Mowery et al.)

Overall Assessment of the Bayh-Dole Act (Nelson, Mowery, et al.)

General Resources

Joint Ventures and Intellectual Property(Andreas Panagopoulos)

Patents vs. Other Knowledge Transfer(Agrawal and Henderson)

Incentives Structure and Licensing Success(Dan Elfenbein)

University Licensing and Research Behavior(Lach and Schankerman)

Open Science and Private Property(Paul David)

IP Alternatives

New Approaches to Filling the Gap in TB Drug Discovery (Casenghi, Cole and Nathan)

The Role of Prizes in Developing Low-Cost Point-of-Care Rapid Diagnostic Tests and Better Drugs for TB(James Love)

How to boost R&D for essential drugs and diagnostics

Scrooge and intellectual property rights (BMJ January 2006)

For more details visit https://cis-india.org/a2k/publications/pupfip/resources

Regulating the Internet by fiat

praskrishna — 2012-08-26T10:13:03Z

The Union government’s move to ban or block 310 online entities is worrisome.

This article by V Sridhar was published in the Hindu on August 26, 2012. Pranesh Prakash is quoted.

The unprecedented spike in the velocity of hateful, offensive and blatantly communal online content earlier this month, which reinforced rumour mongering on the ground that resulted in the exodus of people from the northeast from several Indian cities has been a classic example of how new technologies can be harnessed for old vices. But just as disturbing has been the manner in which the government yielded to the old itch of censoring, banning or blocking content. Between August 18 and August 21, the Department of Telecommunications (DoT), in four separate directives issued to all Internet service licensees, asked them to “block access” to a total of 310 URLs (Unique Resource Locators).

Directing ISPs

The number of URLs blocked does not quite convey the extent of the banned content because the list includes instances of entire websites, a single Web page in some cases, videos posted on YouTube, Twitter handles, Facebook entries, or even instances of links that would take the browser to an img tag (an individual image that is linked to an HTML page). Although the directives clearly stated that the service providers should block only the specific URLs leading to the main sites such as YouTube, Facebook or Twitter.

Airtel, the leading telecom and Internet service provider, blocked youtu.be, the short URL that Twitter and Facebook users normally use for sharing images and videos. A perusal of the four orders clearly shows that Airtel overreacted. Although the service provider subsequently corrected the error, worries about arbitrary disruptions remain.

Pranesh Prakash, Programme Manager, Centre for Internet and Society (CIS), who did the first analysis of the resources that were pulled out of the Web, said the list was only partial, because they related only to the URLs that ISPs were asked to block, not what action would have been initiated against those offering Web services.

A ragtag list

Net activists, even those who do not have an absolutist notion of the right to free speech, have expressed deep reservations about the manner in which the government has blocked 310 URLs. Although Mr. Prakash, who is also a lawyer, believes that “temporary curbs” of freedom of expression, in situations such as the unprecedented situation earlier this month may be necessary, he argued that the government acted carelessly and in a kneejerk manner. “It is a ragtag list, prepared in a haphazard manner,” he told The Hindu.

Logically, the rules applicable to hate content ought to be the same whether the offence is in print or whether it appears as online content. Mr. Prakash pointed to the fact that official agencies such as the police have not gone after those responsible for the content posted in the blocked URLs, which shows that the government’s approach is not backed by a resolve to bring to book those responsible for spreading hate.

The ban-first, examine-later approach is wrong for three sets of reasons, argued Mr. Prakash. First, because there are what he characterises as “egregious mistakes”. Second, he doubts whether regulations prescribing due process of enforcing and reviewing the ban were indeed followed. Third, the government ought to have acted smarter, by using the same media to debunk the rumours that were swirling in several Indian cities but also in the northeast. Mr. Prakash pointed to the case of a Canadian intern working at the CIS who received an SMS from a Canadian government agency that asked her not to heed the rumours. Although the Bangalore police did issue an SMS asking people not to heed such rumours, it came well after the rumour mongering had passed its peak.

“I generally believe that the government must exercise utmost caution in censoring,” said Mr. Prakash. He pointed out that in the list were sites and people who had done nothing to promote hate. He refered to the case of Amit Paranjpe, whose twitter handles were blocked. “If you go through his timeline, you will not find anything that is communal at all,” Mr. Prakash says. “I do not think the government acted responsibly by going after material that is not directly inflammatory, or contributes to the state of panic,” he argued. “I do not doubt the motives of the government, because I see that the overwhelming majority of the material it has blocked is stuff that has something to do with communalism or rioting, whether it is as reportage or as material that contributes to tension,” he observed. He also did not think the government used the crisis as an excuse to put down politically dissenting voices, which was what happened last October (critical references to Sonia Gandhi were removed then).

Cyber terror?

Significantly, the list of blocked domains did not match the government’s claim that a lot of the hate content were in the form of images with misleading captions, most of which came from Pakistan. Mr. Prakash pointed out that many of these images had “been floating around” in Pakistan for at least a month before the rumours hit their peak in mid-August. He noted that within Pakistan there had been debates about the authenticity of these images. “In fact, the reportage and the countering of the reportage in the Pakistani media has been much more sophisticated than in India,” he observed. Significantly, the debate was not even targeted at the Indian audience, but to Pakistani or a global audience. “This debunks the notion some sections of the media have propagated, that this is about cyber war or cyber terrorism,” he says. “I have not seen evidence that India has been targeted from Pakistan,” he observed.

Lack of transparency

It has also been done without abiding by the procedures that are clearly laid down. Mr. Prakash pointed out, the provisions of the Information Technology Act require that “persons or intermediaries” blocked ought to have been given an opportunity to explain their position within 48 hours. He doubted that this had been followed. Moreover, he argued that the people or companies hosting the offensive content, not the ISPs, ought to have been asked to remove them. After all, most of the large and popular intermediaries have clearly laid down conditions of usage, he said.

The lack of transparency in the manner in which the government blocked these websites — even if it is accepted that the content was hateful, abhorrent and aimed at stirring social tension — is worrisome because it sets a precedent for unchecked use of power, without proper sanction. Nor was it a smart way of addressing an innovatively virulent way of spreading chaos. While the government’s use of the sledgehammer may have got it out of the immediate crisis it found itself in, it may have fewer friends when faced with a similar outbreak later.

For more details visit https://cis-india.org/news/www-the-hindu-aug-26-v-sridhar-regulating-the-internet-by-fiat

Centre for Internet and Society

The Web of Our Strife

The Quixotic Fight to Clean up the Web

The Last Word: Is there a need to review Information Technology Act?

The ICANN-US DOC 'Affirmation of Commitments' - A Step Forward?

Tata Photon unblocks Wordpress.com

Submission by the Centre for Internet and Society on Revisions to ICANN Expected Standards of Behavior

Conclusion

Spy in the Web

Social media, SMS are not why NE students left Bangalore

So Much to Lose

Second Response to Draft National Policy on Open Standards for e-Governance

Sub: Comments on Draft National Policy on Open Standards for e-Governance (version 2)

Issue 1: Possibility of following letter of policy while violating its spirit

Issue 2: Patenting and licensing of government-developed standards

Issue 3: No framework provided for review or phasing out interim standards

Issue 4: Problematic definition in the glossary

Save Your Voice — A movement against Web censorship

RTI Applications on Blocking of Websites

RTI Application to Department of Information Technology

RTI Application to Department of Telecom

Round Table on Assessing the Efficacy of Information and Communication Technologies (ICTs) for Public Initiatives: A Report

Evaluation of the Round Table and Way Forward:

Resources

PUPFIP

News-related/General Coverage

Scientific Culture

Analytical Pieces

Bayh-Dole

Technology Transfer

Scientific Culture

Evaluative Pieces

General Resources

IP Alternatives

Regulating the Internet by fiat

Directing ISPs

A ragtag list

Cyber terror?

Lack of transparency