Centre for Internet and Society

Whose Change is it Anyway?

nishant — 2015-04-17T10:56:47Z

This thought piece is an attempt to reflect critically on existing practices of “making change” and its implications for the future of citizen action in information and network societies. It observes that change is constantly and explicitly invoked at different stages in research, practice, and policy in relation to digital technologies, citizen action, and network societies.

The White Paper by Nishant Shah was published by Hivos recently.

However, we do not have adequate frameworks to address the idea of change. What constitutes change? What are the intentions that make change possible? Who are the actors involved? Whose change is it, anyway?

Drawing on the Hivos Knowledge Programme and on knowledge frameworks around youth, technology, and change from the last four years, this thought piece introduces new ways of defining, locating, and figuring change. In the process, it also helps understand the role that digital technologies play in shaping and amplifying our processes and practices of change, and to understand actors of change who are not necessarily confined to the category of “citizen”, which seems to be understood as the de facto agent of change in contemporary social upheavals, political uprisings, and cultural innovations.

Methodologically, this thought piece attempts to make three discursive interventions: It locates digital activism in historical trajectories, positing that digital activism has deep ties to traditional activism, when it comes to the core political cause. Simultaneously, it recognises that new modes of political engagement are demanding and producing novel practices and introducing new actors and stakeholders. It looks at contemporary digital and network theories, but also draws on older philosophical lineages to discuss the crises that we seek to address. It tries to interject these abstractions and theoretical frameworks back into the field by producing two case studies that show how engagement with these questions might help us reflect critically on our past practices and knowledge as well as on visions for and speculations about the future, and how these shape contemporary network societies. It builds a theoretical framework based on knowledge gleaned from conversations, interviews, and on-the-ground action with different groups and communities in emerging information societies, and integrates with new critical theory to build an interdisciplinary and accessible framework that seeks to inform research, development-based interventions, and policy structures at the intersection of digital technologies, citizen action, and change by introducing questions around change into existing discourse.

Click to download the full White Paper here (PDF, 321 Kb)

For more details visit https://cis-india.org/digital-natives/blog/hivos-knowledge-programme-june-14-2013-nishant-shah-whose-change-is-it-anyway

Arguments Against Software Patents in India

pranesh — 2012-03-13T10:43:12Z

CIS believes that software patents are harmful for the software industry and for consumers. In this post, Pranesh Prakash looks at the philosophical, legal and practical reasons for holding such a position in India. This is a slightly modified version of a presentation made by Pranesh Prakash at the iTechLaw conference in Bangalore on February 5, 2010, as part of a panel discussing software patents in India, the United States, and the European Union.

This blog post is based on a presentation made at the iTechLaw conference held on February 5, 2010. The audience consisted of lawyers from various corporations and corporate law firms. As is their wont, most lawyers when dealing with software patents get straight to an analysis of law governing the patenting of computer programmes in India and elsewhere, and seeing whether any loopholes exist and can be exploited to patent software. It was refreshing to see at least some lawyers actually going into questions of the need for patents to cover computer programs. In my presentation, I made a multi-pronged case against software patents: (1) philosophical justification against software patents based on the nature of software; (2) legal case against software patents; (3) practical reasons against software patents.

Preamble

Through these arguments, it is sought to be shown that patentability of software is not some arcane, technical question of law, but is a real issue that affect the continued production of new software and the everyday life of the coder/hacker/software programmer/engineer as well as consumers of software (which is, I may remind you, everywhere from your pacemaker to your phone). A preamble to the arguments would note that the main question to ask is: why should we allow for patenting of software? Answering this question will lead us to ask: who benefits from patenting of software. The conclusion that I come to is that patenting of software helps three categories of people: (1) those large software corporations that already have a large number of software patents; (2) those corporations that do not create software, but only trade in patents / sue on the basis of patents ("patent trolls"); (3) patent lawyers. How they don't help small and medium enterprises nor society at large (since they deter, rather than further invention) will be borne out by the rest of these arguments, especially the section on practical reasons against software patents.

What are Patents?

Patents are a twenty-year monopoly granted by the State on any invention. An invention has to have at least four characteristics: (0) patentable subject matter; (1) novelty (it has to be new); (2) inventive step / non-obviousness (even if new, it should not be obvious); (3) application to industry. A monopoly over that invention, thus means that if person X has invented something, then I may not use the core parts of that invention ("the essential claims") in my own invention. This prohibition applies even if I have come upon my invention without having known about X's invention. (Thus, independent creation is not a defence to patent infringement. This distinguishes it, for instance, from copyright law in which two people who created the same work independently of each other can both assert copyright.) Patents cover non-abstract ideas/functionality while copyright covers specific expressions of ideas. To clarify: imagine I make a drawing of a particular machine and describe the procedure of making it. Under patent law, no one else can make that particular machine, while under copyright law, no one can copy that drawing.

Philosophical Justification Against Software Patents

Even without going into the case against patents per se (lack of independent creation as a defence; lack of 'harm' as a criterion leading to internalization of all positive externalities; lack of effective disclosure and publication; etc.), which has been done much more ably by others like Bessen & Meurer (especially in their book Patent Failure) and Boldrin & Levine (in their book Against Intellectual Monopoly, the full text of which is available online).

But there is one essentially philosophical argument against software as subject matter of a patent. Software/computer programs ("instructions for a computer"), as any software engineer would tell you, are merely algorithms ("an effective method for solving a problem using a finite sequence of instructions") that are meant to be understood by a computer or a human who knows how to read that code.

Algorithms are not patentable subject matter, as they are mere expressions of abstract ideas, and not inventions in themselves. Computer programs, similarly, are abstract ideas. They only stop being abstract ideas when embodied in a machine or a process in which it is the machine/process that is the essential claim and not the software. That machine or process being patented would not grant protection to the software itself, but to the whole machine or process. Thus the abstract part of that machine/process (i.e., the computer program) could be used in any other machine/process, as it it is not the subject matter of the patent. Importantly, just because software is required to operate some machine would then not mean that the machine itself is not patentable, just that the software cannot be patented in guise of patenting a machine.

Legal Case Against Software Patents

In India, section 3(k) of the Patent Act reads:

(3) The following are not inventions within the meaning of this Act: (k) a mathematical or business method or computer programme (sic) per se or algorithms.

As one can see, computer programs are place in the same category as "mathematical methods", "algorithms", and "business methods", hence giving legal validity to the idea propounded in the previous section that computer programs are a kind of algorithms (just as algorithms are a kind of mathematical method).

Be that as it may, the best legal minds in India have had to work hard at understanding what exactly "computer programme per se" means. They have cited U.S. case law, U.K. case law, E.U. precedents, and sought to arrive at an understanding of how per se should be understood. While understanding what per se means might be a difficult job, it is much easier to see what it does not mean. For that, we can look at the 2004 Patent Ordinance that Parliament rejected in 2005. In that ordinance, sections 3(k) and (ka) read as follows:

(3) The following are not inventions within the meaning of this Act: (k) a computer programme per se other than its technical application to industry or a combination with hardware; (ka) a mathematical method or a business method or algorithms.

Thus, it is clear that the interpretation that "computer programme per se" excludes "a computer programme that has technical application to industry" and "a computer programme in combination with hardware" is wrong. By rejecting the 2004 Ordinance wording, Parliament has clearly shown that "technical application to industry" and "combination with hardware" do not make a computer programme patentable subject matter.

Indeed, what exactly is "technical application to industry"? "Technical" has various definitions, and a perusal through those definitions would show that barely any computer program can be said not to relate to a technique, not involve "specialized knowledge of applied arts and sciences" (it is code, after all; not everyone can write good algorithms), or not relate to "a practical subject that is organized according to scientific principles" or is "technological". Similarly, all software is, by definition, meant to be used in combination with hardware. Thus, it being used in combination with hardware must not, as argued above, give rise to patentability of otherwise unpatentable subject matter category.

In 2008, the Patent Office published a new 'Draft Manual Of Patent Practice And Procedure' in which it sought to allow patenting of certain method claims for software inventions (while earlier the Patent Office objected to method claims, allowing only device claims with hardware components). This Draft Manual was withdrawn from circulation, with Shri N.N. Prasad (then Joint Secretary of DIPP, the department administering the Patent Office) noting that the parts of the Manual on sections 3(d) and 3(k) had generated a lot of controversy, and were ultra vires the scope of the Manual (which could not override the Patent Act). He promised that those parts would be dropped and the Manual would be re-written. A revised draft of the Manual has not yet been released. Thus the interpretation provided in the Draft Manual (which was based heavily on the interpretation of the U.K. courts) cannot not be relied upon as a basis for arguments in favour of the patentability of software in India.

In October 2008, CIS helped organize a National Public Meeting on Software Patents in which Indian academics, industry, scientists, and FOSS enthusiasts all came to the conclusion that software patents are harmful for both the industry as well as consumers.

Practical Reasons Against Software Patents

This is going to be an attempt at distilling and simplifying some of the main practical arguments against patenting of software.

There are traditionally four incentives that the patent system caters to: (1) incentive to invent; (2) incentive to disclose; (3) incentive to commercialize; and (4) incentive to invent substitutes. Apart from the last, patenting of software does not really aid any of them.

Patent Landmines / Submarine Patents / Patent Gridlocks / No Exception for Independent Creation

Given that computer programs are algorithms, having monopolies over such abstract ideas is detrimental to innovation. Just the metaphors say a lot about software patents: landmines (they cannot be seen/predicted); submarines (they surface out of the blue); gridlocks (because there are so many software patents around the same area of computing, they prevent further innovation in that area, since no program can be written without violating one patent or the other).

Imagine the madness that would have ensued had patents been granted when computer programming was in its infancy. Imagine different methods of sorting (quick sort, bubble sort) that are part of Computer Science 101 had been patented. While those particular instances aren't, similar algorithms, such as data compression algorithms (including the infamous LZW compression method), have been granted patents. Most importantly, even if one codes certain functionality into software independently of the patent holder, that is still violative of the patent. Computer programs being granted patents makes it extremely difficult to create other computer programs that are based on the same abstract ideas. Thus incentives # (1) and (3) are not fulfilled, and indeed, they are harmed. There is no incentive to invent, as one would always be violating one patent or the other. Given that, there is no incentive to commercialize what one has invented, because of fear of patent infringement suits.

An apt illustration of this is the current difficulty of choosing a royalty-free video format for HTML 5, as it shows, in practical terms, how difficult it is to create a video format without violating one patent or the other. While the PNG image format was created to side-step the patent over the LZW compression method used in the GIF image format, bringing Ogg Theora or Dirac (both patent-free video format) to surpass the levels of H.264/MPEG-4 AVC or VC-1 will be very difficult without infringing dozens if not hundreds of software patents. Chris DiBona of Google, while talking about improving Ogg Theora as part of its inclusion in HTML 5 specifications said, "Here’s the challenge: Can Theora move forward without infringing on the other video compression patents?" Just the number of companies and organization that hold patents over H.264 is astounding, and includes: Columbia University, Electronics and Telecommunications Research Institute of Korea (ETRI), France Télécom, Fujitsu, LG Electronics, Matsushita, Mitsubishi, Microsoft, Motorola, Nokia, Philips, Robert Bosch GmbH, Samsung, Sharp, Sony, Toshiba, and Victor Company of Japan (JVC). As is the amount of royalties to be paid ("[t]he maximum royalty for these rights payable by an Enterprise (company and greater than 50% owned subsidiaries) is $3.5 million per year in 2005-2006, $4.25 million per year in 2007-08 and $5 million per year in 2009-10"; with royalty per unit of a decoder-encoder costing upto USD 0.20.)

Indeed, even the most diligent companies cannot guard themselves against software patents. FFII estimates that a very simple online shopping website would violate twenty different patents at the very least. Microsoft recently lost a case against i4i when i4i surfaced with a patent covering custom XML as implemented in MS Office 2003 and MS Office 2007. As a result Microsoft had to ship patches to its millions of customers, to disable the functionality and bypass that patent. The manufacturers of BlackBerry, the Canadian company Research in Motion, had to shell out USD 617 million as settlement to NTP over wireless push e-mail, as it was otherwise faced with the possibility of the court shutting down the BlackBerry service in the U.S. This happened despite there being a well-known method of doing so pre-dating the NTP patents. NTP has also filed cases against AT&T, Sprint Nextel, T-Mobile, Verizon Wireless, and Palm Inc. Microsoft was also hit by Visto Corporation over those same NTP patents, which had been licensed to Visto (a startup).
- Don't These Cases Show How Software Patents Help Small Companies?
  
  The astute reader might be tempted to ask: are not all of these examples of small companies getting their dues from larger companies? Doesn't all of this show that software patents actually help small and medium enterprises (SMEs)? The answer to that is: no. To see why, we need to note the common thread binding i4i, NTP, and Visto. None of them were, at the time of their lawsuits, actually creating new software, and NTP was an out-and-out "non-practising entity"/"patent holding company" AKA, patent troll. i4i was in the process of closing shop, and Visto had just started up. None of these were actually practising the patent. None of these were producing any other software. Thus, none of these companies had anything to lose by going after big companies. In other words, the likes of Microsoft, RIM, Verizon, AT&T, etc., could not file counter-suits of patent infringement, which is normally what happens when SMEs try to assert patent rights against larger corporations. For every patent that the large corporation violates of the smaller corporation, the smaler corporation would be violating at least ten of the larger corporation's. Software patents are more helpful for software companies as a tool for cross-licensing rather than as a way of earning royalties. Even this does not work as a strategy against patent trolls.
Thus, the assertion that was made at the beginning is borne out: software patents help only patent trolls, large corporations that already have large software patent portfolios, and the lawyers who draft these patents and later argue them out in court.
Term of Patents

Twenty years of monopoly rights is outright ludicrous in an industry where the rate of turnover of technology is much faster -- anywhere between two years and five months.
Software Industry Progressed Greatly Without Patents

In India, software patents have never been asserted in courts (even though many have been illegally granted), yet the software industry in India is growing in leaps and bounds. Similarly, most of the big (American) giants of the software industry today grew to their stature by using copyright to "protect" their software, and not patents.
Copyright Exists for Software

As noted above, the code/expression of any software is internationally protected by copyright law. There is no reason to protect the ideas/functionality of that software as well.
Insufficient Disclosure

When ordinary computer programmers cannot understand what a particular software patent covers (which is the overwhelming case), then the patent is of no use. One of the main incentives of the patent system is to encourage gifted inventors to share their genius with the world. It is not about gifted inventors paying equally gifted lawyers to obfuscate their inventions into gobbledygook so that other gifted inventors can at best hazard a guess as to precisely what is and is not covered by that patent. Thus, this incentive (#2) is not fulfilled by the current system of patents either -- not unless there is a major overhaul of the system. This ties in with the impossibility of ensuring that one is not violating a software patent. If a reasonably smart software developer (who are often working as individuals, and as part of SMEs) cannot quickly ascertain whether one is violating patents, then there is a huge disincentive against developing software in that area at all.
Software Patents Work Against Free/Libre/Open Source Software

Software patents hinder the development of software and FOSS licences, as the licensee is not allowed to restrict the rights of the sub-licensees over and above the restrictions that the licensee has to observe. Thus, all patent clearances obtained by the licensee must be passed on to the sub-licensees. Thus, patented software, though most countries around the world do not recognize them, are generally not included in the default builds of many FOSS operating systems. This inhabits the general adoption of FOSS, since many of the software patents, even though not enforceable in India, are paid heed to by the software that Indians download, and the MP3 and DivX formats are not enabled by default in standard installations of a Linux OS such as Ubuntu.

Conclusion

Currently, the U.S. patent system is being reviewed at the administrative level, the legislative level, as well as the judicial level. At the judicial level, the question of business method patents (and, by extension, software patents) is before the Supreme Court of the United States of America in the form of Bilski v. Kappos. Judge Mayer of the Court of Appeals for the Federal Circuit (CAFC, which heard In re Bilksi) noted that "the patent system has run amok". The Free Software Foundation submitted a most extensive amicus curiae brief to the U.S. Supreme Court, filled with brilliant analysis of software patents and arguments against the patentability of software that is well worth a read.

For more details visit https://cis-india.org/a2k/blogs/arguments-against-software-patents

Technological Protection Measures in the Copyright (Amendment) Bill, 2010

pranesh — 2012-05-17T16:51:38Z

In this post Pranesh Prakash conducts a legal exegesis of section 65A of the Copyright (Amendment) Bill, 2010, which deals with the stuff that enables 'Digital Rights/Restrictions Management', i.e., Technological Protection Measures. He notes that while the provision avoids some mistakes of the American law, it still poses grave problems to consumers, and that there are many uncertainties in it still.

Technological Protection Measures are sought to be introduced in India via the Copyright (Amendment) Bill, 2010. This should be quite alarming for consumers for reasons that will be explained in a separate blog post on TPMs that will follow shortly.

In this post, I will restrict myself to a legal exegesis of section 65A of the Bill, which talks of "protection of technological measures". (Section 65B, which talks of Right Management Information will, similarly, be tackled in a later blog post.)

First off, this provision is quite unnecessary. There has been no public demand in India for TPMs to be introduced, and the pressure has come mostly from the United States in the form of the annual "Special 301" report prepared by the United States Trade Representative with input coming (often copied verbatim) from the International Intellectual Property Alliance. India is not a signatory to the WIPO Copyright Treaty (WCT) which requires technological protection measures be safeguarded by law. That provision, interestingly, was pushed for by the United States in 1996 when even it did not give legal sanctity to TPMs via its copyright law (which was amended in 2000 by citing the need to comply with the WCT).

TPMs have been roundly criticised, have been shown to be harmful for consumers, creators, and publishers, and there is also evidence that TPMs do not really decrease copyright infringement (but instead, quite perversely through unintended consequences, end up increasing it). Why then would India wish to introduce it?

Leaving that question aside for now, what does the proposed law itself say?

65A. Protection of Technological Measures

    (1) Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.

    (2) Nothing in sub-section (1) shall prevent any person from:

        (a) doing anything referred to therein for a purpose not expressly prohibited by this Act:

          Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated; or

        (b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or

        (c) conducting any lawful investigation; or

        (d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or

        (e) operator; or [sic]

        (f) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or

        (g) taking measures necessary in the interest of national security.

Implications: The Good Part

This provision clearly takes care of two of the major problems with the way TPMs have been implemented by the Digital Millennium Copyright Act (DMCA) in the United States:

In s.65A(1) it aligns the protection offered by TPMs to that offered by copyright law itself (since it has to be "applied for the purpose of protecting any of the rights conferred by this Act"). Thus, presumably, TPMs could not be used to restrict access, only to restrict copying, communication to the public, and that gamut of rights.
In s.65A(1) and 65A(2) it aligns the exceptions granted by copyright law with the exceptions to the TPM provision. Section 65A(1) states that the act of circumvention has to be done "with the intention of infringing ... rights", and s.52(1) clearly states that those exceptions cannot be regarded as infringement of copyright. And s.65A(2)(a) states that circumventing for "a purpose not expressly prohibited by this Act" will be allowed.

A third important difference from the DMCA is that

It does not criminalise the manufacture and distribution of circumvention tools (including code, devices, etc.). (More on this below.)

Implications: The Bad Part

This provision, despite the seeming fair-handed manner in which it has been drafted, still fails to maintain the balance that copyright seeks to promote:

TPM-placers (presumably, just copyright holders, because of point 1. above) have been given the ability to restrict the activities of consumers, but they have not been given any corresponding duties. Thus, copyright holders do not have to do anything to ensure that the Film & Telivision Institute of India professor who wishes to use a video clip from a Blu-Ray disc can actually do so. Or that the blind student who wishes to circumvent TPMs because she has no other way of making it work with her screen reader is actually enabled to take advantage of the leeway the law seeks to provide her through s.52(1)(a) (s.52(1)(zb) is another matter!). Thus, while there are many such exceptions that the law allows for, the technological locks themselves prevent the use of those exceptions. Another way of putting that would be to say:
The Bill presumes that every one has access to all circumvention technology. This is simply not true. In fact, Spanish law (in Article 161 of their law) expressly requires that copyright holders facilitate access to works protected by TPM to beneficiaries of limitations of copyright. Thus, copyright holders who employ TPMs should be required to:
- tell their customers how they can be contacted if the customer wishes to circumvent the TPM for a legitimate purpose
- upon being contacted, aid their customer in making use of their rights / the exceptions and limitations in copyright law
How seriously can you take a Bill that has been introduced in Parliament that includes a provision that states: "Nothing in sub-section (1) shall prevent any person from operator; or" (as s.65A(2)(e), read in its entirety, does)?

Uncertainties

As mentioned above, the provisions are not all that clear regarding manufacture and distribution of circumvention tools. Thus, the proviso to s.65A(2)(a) deserves a closer reading. What is clear is that there are no penalties mentioned for manufacture or dissemination of TPMs, and that only those who circumvent are penalised in 65A(1), and not those who produce the circumvention devices. However:

On "shall maintain" and penalties

In the proviso to s.65B(2)(a), there is an imperative ("shall maintain") requiring "any person facilitating circumvention" to keep records. It is unclear what the implications of not maintaining such records are.

The obvious one is that the exemption contained in s.65(1)(a) will not apply if one were facilitated without the facilitator keeping records. Thus, under this interpretation, there is no independent legal (albeit penalty-less) obligation on facilitators. This interpretation runs into the problem that if this was the intention, then the drafters would have written "Provided that any person facilitating circumvention ... for such a purpose maintain/maintained a complete record ...". Instead, shall maintain is used, and an independent legal obligation seems, thus, to be implied. But can a proviso create an independent legal obligation? And is there any way a penalty could possibly be attached to violation of this proviso despite it not coming within 65A(1)?

On "facilitating" and remoteness

The next question is who all can be said to "facilitate", and how remote can the connection be? Is the coder who broke the circumvention a facilitator? The distributor/trafficker? The website which provided you the software? Or is it (as is more likely) a more direct "the friend who sat at your computer and installed the circumvention software" / "the technician who unlocked your DVD player for you while installing it in your house"?

While such a record-keeping requirement is observable by people those who very directly help you (the last two examples above), it would be more difficult to do so the further up you get on the chain of remoteness. Importantly, such record-keeping is absolutely not possible in decentralized distribution models (such as those employed by most free/open source software), and could seriously harm fair and legitimate circumvention.

More uncertainties

It is slightly unclear which exception the bypassing of Sony's dangerous "Rootkit" copy protection technology would fall under if I wish to get rid of it simply because it makes my computer vulnerable to malicious attacks (and not to exercise one of the exceptions under s.52(1)). Will such circumvention come under s.65A(2)(a)? Because it does not quite fall under any of the others, including s.65(2)(b) or (f).

On "purpose" as a criterion in 65A(2)(a)

A last point, which is somewhat of an aside is that 65A(2)(a) states:

Nothing in sub-section (1) shall prevent any person from doing anything referred to therein for a purpose not expressly prohibited by this Act.

There's something curious about the wording, since the Copyright Act generally does not prohibit any acts based on purposes (i.e., the prohibitions by ss.14 r/w s.51 are not based on why someone reproduces, etc., but on the act of reproduction). In fact, it allows acts based on purposes (via s.52(1)). The correct way of reading 65A(2)(a) might then be:

Nothing in sub-section (1) shall prevent any person from doing anything referred to therein for a purpose expressly allowed by this Act.

But that might make it slightly redundant as s.65A(1) covers that by having the requirement of the circumvention being done "with the intention of infringing such right" (since the s.52(1) exceptions are clearly stated as not being infringements of the rights granted under the Act).

Conclusion

It would be interesting to note how leading copyright lawyers understand this provision, and we will be tracking such opinions. But it is clear that TPMs, as a private, non-human enforcement of copyright law, are harmful and that we should not introduce them in India. And we should be especially wary of doing so without introducing additional safeguards, such as duties on copyright holder to aid access to TPM'ed works for legitimate purposes, and remove burdensome record-keeping provisions.

For more details visit https://cis-india.org/a2k/blogs/tpm-copyright-amendment

Exceptions and Limitations in Indian Copyright Law for Education: An Assessment

lawrence — 2011-10-20T14:08:01Z

This paper examines the nature of exceptions and limitations in copyright law for the purposes of the use of copyrighted materials for education. It looks at the existing national and international regime, and argues for why there is a need for greater exceptions and limitations to address the needs of developing countries. The paper contextualizes the debate by looking at the high costs of learning materials and the impediment caused to e-learning and distance education by strong copyright regimes.

Dowload the pdf

Read the original article in the Law and Development Review

For more details visit https://cis-india.org/a2k/blogs/exceptions-and-limitations

The 2010 Special 301 Report Is More of the Same, Slightly Less Shrill

pranesh — 2011-10-03T05:37:27Z

Pranesh Prakash examines the numerous flaws in the Special 301 from the Indian perspective, to come to the conclusion that the Indian government should openly refuse to acknowledge such a flawed report. He notes that the Consumers International survey, to which CIS contributed the India report, serves as an effective counter to the Special 301 report.

Special 301 Report: Unbalanced Hypocrisy

The United States Trade Representative has put yet another edition of the Special 301 report which details the copyright law and policy wrongdoings of the US's trading partners. Jeremy Malcolm of Consumers International notes that the report this year claims to be "well-balanced assessment of intellectual property protection and enforcement ... taking into account diverse factors", but:

[I]n fact, the report largely continues to be very one-sided. As in previous editions, it lambasts developing countries for failing to meet unrealistically stringent standards of IP protection that exceed their obligations under international law.

More the report changes, the more it stays the same. Despite having wider consultations than just the International Intellectual Property Alliance (IIPA, consisting of US-based IP-maximalist lobbyists like the Motion Picture Association of America, Recording Industry Association of America, National Music Publishers Association, Association of American Publishers, and Business Software Alliance) and the Pharmaceutical Research and Manufacturers of America (PhRMA, consisting of US-based pharma multinationals), things haven't really changed much in terms of the shoddiness of the Special 301 report.

India and the 2010 Special 301 Report

The Special 301 report for 2010 contains the following assessment of India:

India will remain on the Priority Watch List in 2010. India continues to make gradual progress on efforts to improve its legislative, administrative, and enforcement infrastructure for IPR. India has made incremental improvements on enforcement, and its IP offices continued to pursue promising modernization efforts. Among other steps, the United States is encouraged by the Indian government’s consideration of possible trademark law amendments that would facilitate India’s accession to the Madrid Protocol. The United States encourages the continuation of efforts to reduce patent application backlogs and streamline patent opposition proceedings. Some industries report improved engagement and commitment from enforcement officials on key enforcement challenges such as optical disc and book piracy. However, concerns remain over India’s inadequate legal framework and ineffective enforcement. Piracy and counterfeiting, including the counterfeiting of medicines, remains widespread and India’s enforcement regime remains ineffective at addressing this problem. Amendments are needed to bring India’s copyright law in line with international standards, including by implementing the provisions of the WIPO Internet Treaties. Additionally, a law designed to address the unauthorized manufacture and distribution of optical discs remains in draft form and should be enacted in the near term. The United States continues to urge India to improve its IPR regime by providing stronger protection for patents. One concern in this regard is a provision in India’s Patent Law that prohibits patents on certain chemical forms absent a showing of increased efficacy. While the full import of this provision remains unclear, it appears to limit the patentability of potentially beneficial innovations, such as temperature-stable forms of a drug or new means of drug delivery. The United States also encourages India to provide protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States encourages India to improve its criminal enforcement regime by providing for expeditious judicial disposition of IPR infringement cases as well as deterrent sentences, and to change the perception that IPR offenses are low priority crimes. The United States urges India to strengthen its IPR regime and will continue to work with India on these issues in the coming year.

This short dismissal of the Indian IPR regime, and subsequent classification of India as a "Priority Watch List" country reveals the great many problems with the Special 301.

On Copyrights

The report notes that there are "concerns over India's inadequate legal framework and ineffective enforcement". However, nowhere does it bother to point out precisely how India's legal framework is inadequate, and how this is negatively affecting authors and creators, consumers, or even the industry groups (MPAA, RIAA, BSA, etc.) that give input to the USTR via the IPAA. Nor does it acknowledge the well-publicised fact that the statistics put out by these bodies have time and again proven to be wrong:
Apart from this bald allegation which has not backing, there is a bald statement about India needing to bring its copyright law "in line with international standards" including "the WIPO Internet Treaties". The WIPO Internet Treaties given that more than half the countries of the world are not signatories to either of the WIPO Internet Treaties (namely the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty), calling them 'international standards' is suspect. That apart, both those treaties are TRIPS-plus treaties (requiring protections greater than the already-high standards of the TRIPS Agreement). India has not signed either of them. It should not be obligated to do so. Indeed, Ruth Okediji, a noted copyright scholar, states:

Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the tradition of assuming that copyright’s most enduring cannons are culturally neutral. [...] The Treaties do not provide a meaningful basis for a harmonized approach to encourage new creative forms in much the same way the Berne Convention fell short of embracing diversity in patterns and modes of authorial expression.

Some of the of the 'problems' noted in the report are actually seen as being beneficial by many researchers and scholars such as Lawrence Liang, Achal Prabhala, Perihan Abou Zeid and others, who argue that lax enforcement has enabled access to knowledge and promotion of innovation. In a panel on 'Access to Knowledge' at the Internet Governance Forum, Lea Shaver, Jeremy Malcolm and others who have been involved in that Access to Knowledge movement noted that lack of strict enforcement played a positive role in many developing countries. However, they also noted, with a fair bit of trepidation, that this was sought to be changed at the international level through treaties such as the Anti-Counterfeiting Treaty Agreement (ACTA).
The scope of an optical disc law are quite different from copyright law. The report condemns "unauthorized manufacture and distribution of optical discs", however it does not make it clear that what it is talking about is not just unlicensed copying of films (which is already prohibited under the Copyright Act) but the manufacture and distribution of blank CDs and DVDs as well. The need for such a law is assumed, but never demonstrated. It is onerous for CD and DVD manufacturers (such as the Indian company Moserbaer), and is an overbearing means of attacking piracy.
The report calls for "improve[ment] [of India's] criminal enforcement regime" and for "deterrent" sentences and expeditious judicial disposition of IPR infringement cases. While we agree with the last suggestion, the first two are most unacceptable. Increased criminal enforcement of a what is essentially a private monopoly right is undesirable. Copyright infringment on non-commercial scales should not be criminal offences at all. What would deter people from infringing copyright laws are not "deterrent sentences" but more convenient and affordable access to the copyright work being infringed.

On Patents

Thankfully, this year the Special 301 report does not criticise the Indian Patent Act for providing for post-grant opposition to patent filings, as it has in previous years. However, it still criticises section 3(d) of the Patent Act which ensures that 'evergreening' of drug patents is not allowed by requiring for new forms of known substances to be patented only if "the enhancement of the known efficacy of [the known] substance" is shown. Thus, the US wishes India to change its domestic law to enable large pharma companies to patent new forms of known substances that aren't even better ("enhancement of the known efficacy"). For instance, "new means of drug delivery" will not, contrary to the assertions of the Special 301 report and the worries of PhRMA, be deemed unpatentable.

The United States has been going through much turmoil over its patent system. Reform of the patent system is currently underway in the US through administrative means, judicial means, as well as legislative means. One of the main reasons for this crumbling of the patent system has been the low bar for patentability (most notably the 'obviousness' test) in the United States and the subsequent over-patenting. An American judgment even noted that "anything under the sun that is made by man" is patentable subject matter. It is well-nigh impossible to take American concerns regarding our high patent standards seriously, given this context.

Miscellanea

The harms of counterfeit medicine, as we have noted earlier, are separate issues that are best dealt under health safety regulations and consumer laws, rather than trademark law.

Data exclusivity has been noted to be harmful to the progress of generics, and seeks to extend proprietary rights over government-mandated test data. It is [clear from the TRIPS Agreement][de-trips] that data exclusivity is not mandatory. There are clear rationale against it, and the Indian pharmaceutical industry [is dead-set against it][de-india]. Still, the United States Trade Representative persists in acting as a corporate shill, calling on countries such as India to implement such detrimental laws.

Conclusion

Michael Geist, professor at University of Ottowa astutely notes:

Looking beyond just Canada, the list [of countries condemned by the Special 301 report] is so large, that it is rendered meaningless. According to the report, approximately 4.3 billion people live in countries without effective intellectual property protection. Since the report does not include any African countries outside of North Africa, the U.S. is effectively saying that only a small percentage of the world meet its standard for IP protection. Canada is not outlier, it's in good company with the fastest growing economies in the world (the BRIC countries are there) and European countries like Norway, Italy, and Spain. In other words, the embarrassment is not Canadian law. Rather, the embarrassment falls on the U.S. for promoting this bullying exercise and on the Canadian copyright lobby groups who seemingly welcome the chance to criticize their own country.

His comments apply equally well for India as well.

IIPA's Recommendation for the Special 301 Report

Thankfully, this year IIPA's recommendations have not been directly copied into the Special 301 report. (They couldn't be incorporated, as seen below.) For instance, the IIPA report notes:

The industry is also concerned about moves by the government to consider mandating the use of open source software and software of only domestic origin. Though such policies have not yet been implemented, IIPA and BSA urge that this area be carefully monitored.

Breaking that into two bit:

Open Source

Firstly, it is curious to see industry object to legal non-pirated software. Secondly, many of BSA's members (if not most) use open source software, and a great many of them also produce open source software. HP and IBM have been huge supporters of open source software. Even Microsoft has an open source software division. [Intel][intel], SAP, Cisco, Dell, Sybase, Entrust, Intuit, Synopsys, Apple, Borland, Cadence, Autodesk, and Siemens are all members of BSA which support open source software / produce at least some open source software. And all BSA members rely on open source software (as part of their core products, their web-server, their content management system, etc.) to a lesser or greater extent. BSA's left hand doesn't seem to know what its right hand -- its members -- are doing. Indeed, the IIPA does not seem to realise that the United States' government itself uses [open source software], and has been urged to look at FOSS very seriously and is doing so, especially under CIO Vivek Kundra. And that may well be the reason why the USTR could not include this cautionary message in the Special 301 report.

Domestic Software

As this insightful article by Nate Anderson in Ars Technica notes:

Open source is bad enough, but a "buy Indian" law? That would be an outrage and surely something the US government would not itself engage in as recently as last year. Err, right?

Furthermore, the IIPA submission do not provide any reference for their claim that "domestic origin" software is being thought of being made a mandatory requirement in governmental software procurement.

WCT, WPPT, Camcording, and Statutory Damages

The IIPA submission also wish that India would:

Adopt a system of statutory damages in civil cases; allow compensation to be awarded in criminal cases;
Adopt an optical disc law;
Enact Copyright Law amendments consistent with the WCT and WPPT;
Adopt an anti-camcording criminal provision.

Quick counters:

Statutory damages (that is, an amount based on statute rather than actual loss) would result in ridiculousness such as the $1.92 million damages that the jury (based on the statutory damages) slapped on Jammie Thomas. The judge in that case called the damage award "monstrous and shocking" and said that veered into "the realm of gross injustice."
The reasons against an optical disc law are given above. Quick recap: it is a) unnecessary and b) harmful.
India has not signed the WCT and the WPPT. Indian law satisfies all our international obligations. Thus enacting amendments consistent with the WCT and the WPPT is not required.
Camcording of a film is in any case a violation of the Copyright Act, 1957, and one would be hard-pressed to find a single theatre that allows for / does not prohibit camcorders. Given this, the reason for an additional law is, quite frankly, puzzling. At any rate, IIPA in its submission does not go into such nuances.

Further conclusions

Shamnad Basheer, an IP professor at NUJS, offer the following as a response:

"Dear USA,

India encourages you to mind your own business. We respect your sovereignty to frame IP laws according to your national priorities and suggest that you show us the same courtesy. If your grouse is that we haven't complied with TRIPS, please feel free to take us to the WTO dispute panel. Our guess is that panel members familiar with the English language will ultimately inform you that section 3(d) is perfectly compatible with TRIPS. And that Article 39.3 does not mandate pharmaceutical data exclusivity, as you suggest! More importantly, at that point, we might even think of hauling you up before the very same body for rampant violations, including your refusal to grant TRIPS mandated copyright protection to our record companies, despite a WTO ruling (Irish music case) against you.

Yours sincerely,

India."

Basheer's suggestion seems to be in line with that Michael Geist who believes that other countries should join Canada and Israel in openly refusing to acknowledge the validity of the Special 301 Reports because they lack ['reliable and objective analysis'][geist-reliable]. And that thought serves as a good coda.

For more details visit https://cis-india.org/a2k/blogs/2010-special-301

A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement

glover — 2011-08-30T13:06:03Z

The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers.

In its ongoing negotiation for a FTA with the EU, a process that began in 2007 and is expected to end sometime this year, India has won several signicant IP-related concessions. But there remain several IP issues critical to the maintenance of its developing economy, including its robust entrepreneurial environment, that India should contest further before ratifying the treaty. This guide covers the FTA's IP provisions that are within the scope of CIS' policy agenda and on which India has negotiated favorable language, as well as those provisions that it should re-negotiate or oppose.

Download the guide here, and please feel free to comment below.

You may also download a chart comparing the language proposed by India and the EU respectively with that included in the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Following is a summary of CIS' findings:

India has become a de facto leader of developing countries at the WTO, and an India-EU FTA seems likely to provide a model for FTAs between developed and developing states well into the future.
The EU has proposed articles on reproduction, communication, and broadcasting rights which could seriously undermine India's authority to regulate the use of works under copyright as currently provided for in the Berne Convention, as well as narrowing exceptions and limitations to rights under copyright.
The EU asserts that copyright includes "copyright in computer programs and in databases," without indicating whether such copyright exceeds that provided for in the Berne Convention. Moreover, by asserting that copyright "includes copyright in computer programs and in databases," the EU has left open the door for the extension of copyright to non-original databases.
India should explicitly obligate the EU to promote and encourage technology transfer -- an obligation compatible with and derived from TRIPS -- as well as propose a clear definition of technology transfer.
The EU has demanded India's accession to the WIPO Internet Treaties, the merits of which are currently under debate as India moves towards amending its Copyright Act, as well as several other international treaties that India either does not explicitly enforce or to which it is not a contracting party.
In general, the EU's provisions would extend terms of protection for material under copyright, within certain constraints, further endangering India's consumer-friendly copyright regime.
An agreement to establish arrangements between national organizations charged with collecting and distributing royalty payments may obligate such organizations in India collect royalty payments for EU rights holders on the same basis as they do for Indian rights holders, and vice versa in the EU, but more heavily burden India.
The EU has proposed a series of radical provisions on the enforcement of IPRs that are tailored almost exclusively to serve the interests of rights holders, at the expense of providing safety mechanisms for those accused of infringing or enabling infringers.
The EU has proposed, under cover of protecting intermediate service providers from liability for infringement by their users, to increase and/or place the burden on such providers of policing user activity.

For more details visit https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement

Analysis of the Copyright (Amendment) Bill, 2010

pranesh — 2011-09-21T06:01:54Z

CIS analyses the Copyright (Amendment) Bill, 2010, from a public interest perspective to sift the good from the bad, and importantly to point out what crucial amendments should be considered but have not been so far.

The full submission that CIS and 21 other civil society organizations made to the Rajya Sabha Standing Committee on HRD (which is studying the Bill) is available here. Given below is the summary of our submissions:

Existing Copyright Act

The Indian Copyright Act, 1957 has been designed from the perspective of a developing country. It has always attempted a balance between various kinds of interests. It has always sought to ensure that rights of authors of creative works is carefully promoted alongside the public interest served by wide availability and usability of that material. For instance, our Copyright Act has provisions for:

compulsory and statutory licensing: recognizing its importance in making works available, especially making them available at an affordable rate.
cover versions: recognizing that more players lead to a more vibrant music industry.
widely-worded right of fair dealing for private use: recognizing that individual use and large-scale commercial misuse are different.

These provisions of our Act have been lauded, and India has been rated as the most balanced copyright system in a global survey conducted of over 34 countries by Consumers International.

The Indian Parliament has always sought to be responsive to changing technologies by paying heed to both the democratisation of access as well as the securing of the interests of copyright holders. This approach needs to be lauded, and importantly, needs to be maintained.

Proposed Amendments

Some positive amendments

Fair Dealings, Parallel Importation, Non-commercial Rental: All works (including sound recordings and cinematograph films) are now covered the fair dealings clause (except computer programmes), and a few other exceptions; parallel importation is now clearly allowed; and non-commercial rental has become a limitation in some cases.
Persons with disabilities: There is finally an attempt at addressing the concerns of persons with disabilities. But the provisions are completely useless the way they are currently worded.
Public Libraries: They can now make electronic copies of works they own, and some other beneficial changes relating to public libraries.
Education: Some exceptions related to education have been broadened (scope of works, & scope of use).
Statutory and compulsory licensing: Some new statutory licensing provisions (including for radio broadcasting) and some streamlining of existing compulsory licensing provisions.
Copyright societies: These are now responsible to authors and not owners of works.
Open licences: Free and Open Source Software and Open Content licensing is now simpler.
Partial exemption of online intermediaries: Transient and incidental storage of copyrighted works has been excepted, mostly for the benefit of online intermediaries.
Performer’s rights: The general, and confusing, exclusive right that performers had to communicate their performance to the public has been removed, and instead only the exclusive right to communicate sound/video recordings remains.
Enforcement: Provisions on border measures have been made better, and less prone to abuse and prevention of legitimate trade.

Some negative amendments

WCT and WPPT compliance: India has not signed either of these two treaties, which impose TRIPS-plus copyright protection, but without any corresponding increase in fair dealing / fair use rights.
Increase in duration of copyright: This will significantly reduce the public domain, which India has been arguing for internationally.
Technological Protection Measures: TPMs, which have been shown to be anti-consumer in all countries in which they have been introduced, are sought to be brought into Indian law.
Version recordings: The amendments make cover version much more difficult to produce.
Moral rights: Changes have been made to author’s moral rights (and performer’s moral rights have been introduced) but these have been made without requisite safeguards.

Missed opportunities

Government-funded works: Taxpayers are still not free to use works that were paid for by them. This goes against the direction that India has elected to march towards with the Right to Information Act.
Copyright terms: The duration of all copyrights are above the minimum required by our international obligations, thus decreasing the public domain which is crucial for all scientific and cultural progress.
Criminal provisions: Our law still criminalises individual, non-commercial copyright infringement.
Libraries and archives: The exceptions for ‘public libraries’ are still too narrow in what they perceive as ‘public libraries’.
Educational exceptions: The exceptions for education still do not fully embrace distance and digital education.
Communication to the public: No clear definition is given of what constitute a ‘public’, and no distinction is drawn between commercial and non-commercial ‘public’ communication.
Internet intermediaries: More protections are required to be granted to Internet intermediaries to ensure that non-market based peer-production projects such as Wikipedia, and other forms of social media and grassroots innovation are not stifled.
Fair dealing and fair use: We would benefit greatly if, apart from the specific exceptions provided for in the Act, more general guidelines were also provided as to what do not constitute infringement. This would not take away from the existing exceptions.

For more details visit https://cis-india.org/a2k/blogs/copyright-bill-analysis

Doing Standpoint Theory

Ambika Tandon and Aayush Rathi — 2019-12-06T04:59:35Z

Cross-posted from GenderIT, September 1, 2019

Image description: Three speech bubbles on different textures. Artist: Catalina Alzate

Feminist research methodology has evolved from different epistemologies, with several different schools of thought. Some of the more popular ones are feminist standpoint theory, feminist empiricism, and feminist relativism. Standpoint theory holds the experiences of the marginalised as the source of ‘truth’ about structures of oppression, which is silenced by traditional objectivist research methods as they produce knowledge from the standpoint of voices in positions of power [2]. Feminist empiricism does not eschew traditional modes of knowledge production, but emphasises diversity of research participants for feminist (and therefore also rigorous) knowledge production [3]. Relativists have critiqued standpoint theory for its tendency to essentialise the experience of marginalised groups, and subsume them into one homogenous voice to achieve the goal of ‘emancipatory’ research [4]. Relativists instead focus on multiple standpoints, which could be Dalit women, lesbian women, or women with disabilities [5]. We will be discussing the practical applicability of these epistemologies to research practices in the field of technology and gender.

Standpoint theory holds the experiences of the marginalised as the source of ‘truth’ about structures of oppression, which is silenced by traditional objectivist research methods as they produce knowledge from the standpoint of voices in positions of power.

As part of the Feminist Internet Research Network, the Centre for Internet and Society is undertaking research on the digital mediation of domestic and care work in India. The project aims to assess shifts in the sector, including conditions of work, brought on by the entry of digital platforms. Our starting point for designing a methodology for the research was standpoint theory, which we thought to be the best fit as the goal of the project was to disrupt dominant narratives of women’s labour in relation to platformisation. In the context of dalit feminis, Rege warns that standpoint research risks producing a narrow frame of identity politics, although it is critical to pay attention to lived experience and the “naming of difference” between dalit women and savarna women [6]. She asserts that neither ‘women’ nor ‘dalit women’ is a homogenous category. While feminist researchers from outside these categories cannot claim to “speak for” those within, they can “reinvent” themselves as dalit feminists and ally themselves with their politics.

In order to address this risk of appropriating the voices of domestic workers (“speaking for”), we chose to directly work with a domestic workers’ union in Bengaluru called Stree Jagruti Smiti. Bengaluru is one of the two cities we are conducting research in (the other being Delhi, with very few registered unions). This is meant to radically destabilise power hierarchies and material relations within the research process, as benefits of participatory research tend to accumulate with the researchers rather than participants [7].

Along with amplifying the voices of workers, a central objective of our project is to question the techno-solutionism that has accompanied the entry of digital platforms into the domestic work sector, which is unorganised and unregulated. To do so, we included companies and state labour departments as participants whose standpoint is to be interrogated. By juxtaposing the standpoints of stakeholders that have differential access to power and resources, the researcher is able to surface various conflicts and intersections in dominant and alternative narratives. This form of research also brings with it unique challenges, as researchers could find themselves mediating between the different stakeholders, while constantly choosing to privilege the standpoint of the least powerful - in this case the workers. Self-reflexivity then becomes necessary to ensure that the project does not slip into an absolutely relativist position, rather using the narratives of workers to challenge those of governments and private actors. This can also be done by ensuring that workers have agency to shape the agenda of researchers, thereby producing research which is instrumental in supporting grassroots campaigns and movements.

Self-reflexivity then becomes necessary to ensure that the project does not slip into an absolutely relativist position, rather using the narratives of workers to challenge those of governments and private actors.

Feminist participatory research itself, despite its many promises, is not a linear pathway to empowerment for participants [8]. At the very outset of the project, we were constantly asked the question by domestic workers and unions – why should we participate in this project? Researchers, in their experience, acquire information from the community throughout the process of data collection by positioning themselves as allies. However, as all such engagements are bound to limited timelines and budgets, researchers are then often absent at critical junctures where the community may need external support. We were also told that all too often, the output of the research itself does not make its way back to the participants, making it a one-way process of knowledge extraction. Being mindful of these experiences, we have integrated a feedback loop into our research design, which will allow us to design outputs that are accessible and useful to collectives of domestic workers.

Not only domestic workers and their organisations, many corporations operating these online portals and platforms often questioned the benefits of participating in the project. However, the manner of articulation differed. While attempting to reject the hierarchical nature of the researcher/participant relationship, we increasingly became aware that the underlying power equation was not a monolith. Rather, it varied across stakeholder groups and was explicitly contingent on the socially constructed positionalities already existing outside of the space of the interview. Companies, governments and workers all exemplified varying degrees of engagement with, knowledge of, and contributions to research. Interviews with workers and unions, and even some bootstrapped (i.e. without much external funding) , socially-minded companies, were often cathartic with an expectation of some benefits in return for opening themselves up to researchers. This was quite different for governments and larger companies, as conversations typically adhered to the patriarchal and classed notions of professionalism in sanitised, formal spaces [9] and the strict dichotomy between public and personal spaces. Their contribution seemingly required lesser affective engagement from the interviewee, thereby resulting in lesser investment in the outcome of the research itself.

The cathartic nature of interviews also speak to the impossibility of the distanced, Platonic, school of research. We were often asked politically charged questions, our advice solicited and information sought. Workers and representatives from platform companies alike would question our motivations with the research and challenge us by inquiring about the benefits accruing to us. Again, both set of stakeholders would often ask differently about how other platforms were; workers already registered on a platform would wonder if another platform would be ‘better’ and representatives of platform companies would be curious about competition. This is perhaps a consequence of attempting to design a study that is of use and of interest to the workers we have been reaching out to [10]. At times, we found ourselves at a place in the conversation where we were compelled to respond to political positions for the conversation to continue. There were interviews where notions of caste hierarchies (within oppressed classes) as a justification/complaint for engaging/having to engage in certain tasks would surface. Despite being beholden to a feminist consciousness that disregards the idea of the interviewer as neutral, we often found ourselves only hesitantly forthcoming. At times, it was to keep the interview broadly focused around the research subject, at others it was due to our own ignorance about the research artefact (in this instance, platforms mediating domestic work services). This underscores the challenges of seeing the interview as a value ridden space, where the contradictions between the interview as a data collection method and as a consciousness raising emerged - how could we share information about the artefact we were in the process of collecting data about?

We were often asked politically charged questions, our advice solicited and information sought.

The fostering of ‘rapport’ [11] has made its may into method, almost unknowingly. Often, respondents across stakeholder groups started from an initial place of hesitation, sometimes even suspicion. Several structural issues could be at work here - our inability in being able to accurately describe research itself, the class differences and at times, ideological ones as well. While with most participants, rapport was eventually established, its establishment was a laboured process. Especially given that we were using one-off, in-depth interviews as our method, securing an interview was contingent on the establishment of rapport. This isn’t to suggest that feminist research mandatorily requires the ‘doing of rapport’ [12], but that when it does, it’s a fortunate outcome and that feminist researchers engage with it more critically.

Building rapport creates an impression of having minimised the exploitation of the participant, however the underlying politics and pressures of building rapport need to be interrogated. Rapport, like research itself, is at times a performance; rapport is often not naturally occuring. Rather, rapport may also be built to conceal the very structural factors preventing it. For instance, during instances of ideological differences during the interview, we were at times complicit through our silence. This may have been to further a certain notion of ‘objectivity’ itself whereby the building and maintenance of rapport is essential to surfacing a participant’s real views. This then raises the questions: What are the ethical questions that the suppression of certain viewpoints and reactions pose? How does the building, maintenance and continuance of rapport inform the research findings? Rapport, then, comes in all shapes and sizes and its manifold forms implicate the research process differently. Another critical question to be addressed is - why does some rapport take less work than others? With platform companies, building rapport came by easier than it did with workers both on and off platforms. If understood as removing degrees of distance between the researcher and participants, several factors could play into the effort required to build rapport. For instance, language was a critical determinant of the ease of relationship-building. Being more fluent in English than in colloquial Hindi enabled clearer articulation of the research. Further, familiarity with the research process was, as expected, mediated along class lines. This influenced the manner in which we articulated research outcomes and objectives to workers with complete unfamiliarity with the meaning of research. Among workers, this unfamiliarity often resulted in distrust, which required the underlying politics of the research to be more critically articulated.

By and large, the feminist engagement with research methods has been quite successful in its resistance and transformation of traditional forms. Since Oakley’s conception of the interview as a deeply subjective space [13] and Harding’s dialectical conception of masculinist science through its history [14], the application of feminist critical theory has increasingly subverted assumptions around the averseness of research to political motivations. At the same time, it has made knowledge-production occur in a more equitable space. It is in this context that standpoint theory has had wide purchase, but challenges persist in its application. As the foregoing discussion outlines, we have been able to achieve some of the goals of feminist standpoint research while missing out on others. We also found the ‘multiple standpoints’ approach of relativists to be useful in a project involving multiple stakeholders - thereby also avoiding the risk of essentialisation of the identities of domestic workers. However, unlike the tendency of relativists to focus on each perspective as ‘equally valid truth’, we are choosing to focus on the conflicts and intersections between emerging discourses. Through this hybrid theoretical framework, we are seeking to make knowledge production more equitable. At the same time, the discussion around rapport shows that this may nevertheless happen in a limited fashion. Feminist research may never be fully non-extractive. The reflexivity exercised and choices made during the course of the research are key.

Unlike the tendency of relativists to focus on each perspective as ‘equally valid truth’, we are choosing to focus on the conflicts and intersections between emerging discourses.

Endnotes

[1] The names of the authors are in alphabetical order.

[2] Harding, S. (2003) The Feminist Standpoint Theory Reader: Intellectual and Political Controversies, Routledge.

[3] M. Wickramasinghe, Feminist Research Methodology: Making meaning out of meaning-making, Zubaan, 2014

[4] Pease, D. (2000) Researching profeminist men's narratives: participatory methodologies in a postmodern frame. In B. Fawcett, D. Featherstone, J. Fook ll)'ld A. Rossiter (eds) Restarching and Practising in Social Work: Postmodern Feminist Perspectives (London: Routledge).

[5] Stanley, L. and Wise, S. (1983) Breaking Out: Feminist Consciousness and Feminist Research (London: Routledge and Kegan Paul).

[6] Rege, S. 1998. ” Dalit Women Talk Differently: A critique of ‘Difference’ and Towards a Dalit Feminist Standpoint.” Economic and Political Weekly, Vol. 33, No.44, pp 39-48.

[7] Heeks, R. and Shekhar, S. (2018) An Applied Data Justice Framework: Analysing Datafication and Marginalised Communities in Cities of the Global South. Working Paper Series, Centre for Development Informatics, University of Manchester.

[8] Stone, E. and Priestley, M. (1996) Parasites, pawn and partners: disability research and the role of nondisabled researchers. British Journal of Sociology, 47(4), 699-716.

[9] Evans, L. (2010). Professionalism, professionality and the development of education professionals. Br. J. Educ. Stud. 56, 20–38. doi:10.1111/j.1467-8527.2007.00392.x

[10] Webb C. Feminist methodology in nursing research. J Adv Nurs. 1984 May;9(3):249-56.

[11] Berger, R. (2015). Now I see it, now I don’t: researcher’s position and reflexivity in qualitative research. Qual. Res. 15, 219–234. doi:10.1177/1468794112468475; Pitts, M. J., and Miller-Day, M. (2007). Upward turning points and positive rapport development across time in researcher-participant relationships. Qual. Res. 7, 177–201. doi:10.1177/1468794107071409

[12] Dunscombe, J., and Jessop, J. (2002). “Doing rapport, and the ethics of ’faking friendship’,” in Ethics in Qualitative Research, eds T. Miller, M. Birch, M. Mauthner, and J. Jessop (London: SAGE), 108–121.

[13] Oakley, A. (1981). “Interviewing women: a contradiction in terms?” in Doing Feminist Research, ed. H. Roberts (London: Routledge and Kegan Paul), 30–61.

[14] Harding, S. (1986). The Science Question in Feminism. Ithaca: Cornell University Press.

For more details visit https://cis-india.org/raw/doing-standpoint-theory

Privacy after Big Data: Compilation of Early Research

Saumyaa Naidu — 2016-11-12T01:37:03Z

Download the Compilation (PDF)

Privacy after Big Data

Evolving data science, technologies, techniques, and practices, including big data, are enabling shifts in how the public and private sectors carry out their functions and responsibilities, deliver services, and facilitate innovative production and service models to emerge. For example, in the public sector, the Indian government has considered replacing the traditional poverty line with targeted subsidies based on individual household income and assets. The my.gov.in platform is aimed to enable participation of the connected citizens, to pull in online public opinion in a structured manner on key governance topics in the country. The 100 Smart Cities Mission looks forwards to leverage big data analytics and techniques to deliver services and govern citizens within city sub-systems. In the private sector, emerging financial technology companies are developing credit scoring models using big, small, social, and fragmented data so that people with no formal credit history can be offered loans. These models promote efficiency and reduction in cost through personalization and are powered by a wide variety of data sources including mobile data, social media data, web usage data, and passively collected data from usages of IoT or connected devices.

These data technologies and solutions are enabling business models that are based on the ideals of ‘less’: cash-less, presence-less, and paper-less. This push towards an economy premised upon a foundational digital ID in a prevailing condition of absent legal frameworks leads to substantive loss of anonymity and privacy of individual citizens and consumers vis-a-vis both the state and the private sector. Indeed, the present use of these techniques run contrary to the notion of the ‘sunlight effect’ - making the individual fully transparent (often without their knowledge) to the state and private sector, while the algorithms and means of reaching a decision are opaque and inaccessible to the individual.

These techniques, characterized by the volume of data processed, the variety of sources data is processed from, and the ability to both contextualize - learning new insights from disconnected data points - and de-contextualize - finding correlation rather than causation - have also increased the value of all forms of data. In some ways, big data has made data exist on an equal playing field as far as monetisation and joining up are concerned. Meta data can be just as valuable to an entity as content data. As data science techniques evolve to find new ways of collecting, processing, and analyzing data - the benefits of the same are clear and tangible, while the harms are less clear, but significantly present.

Is it possible for an algorithm to discriminate? Will incorrect decisions be made based on data collected? Will populations be excluded from necessary services if they do not engage with certain models or do emerging models overlook certain populations? Can such tools be used to surveil individuals at a level of granularity that was formerly not possible and before a crime occurs? Can such tools be used to violate rights – for example target certain types of speech or groups online? And importantly, when these practices are opaque to the individual, how can one seek appropriate and effective remedy.

Traditionally, data protection standards have defined and established protections for certain categories of data. Yet, data science techniques have evolved beyond data protection principles. It is now infinitely harder to obtain informed consent from an individual when data that is collected can be used for multiple purposes by multiple bodies. Providing notice for every use is also more difficult – as is fulfilling requirements of data minimization. Some say privacy is dead in the era of big data. Others say privacy needs to be re-conceptualized, while others say protecting privacy now, more than ever, requires a ‘regulatory sandbox’ that brings together technical design, markets, legislative reforms, self regulation, and innovative regulatory frameworks. It also demands an expanding of the narrative around privacy – one that has largely been focused on harms such as misuse of data or unauthorized collection – to include discrimination, marginalization, and competition harms.

In this compilation we have put together a series of articles that we have developed as we explore the impacts – positive and negative – of big data. This includes looking at India’s data protection regime in the context of big data, reviewing literature on the benefits of harms of big data, studying emerging predictive policing techniques that rely on big data, and analyzing closely the impact of big data on specific privacy principles such as consent. This is a growing body of research that we are exploring and is relevant to multiple areas of our work including privacy and surveillance. Feedback and comments on the compilation are welcome and appreciated.

Elonnai Hickok
Director - Internet Governance

For more details visit https://cis-india.org/internet-governance/blog/privacy-after-big-data-compilation-of-early-research

Between the Stirrup and the Ground: Relocating Digital Activism

nishant — 2015-10-25T05:58:59Z

In this peer reviewed research paper, Nishant Shah and Fieke Jansen draws on a research project that focuses on understanding new technology, mediated identities, and their relationship with processes of change in their immediate and extended environments in emerging information societies in the global south. It suggests that endemic to understanding digital activism is the need to look at the recalibrated relationships between the state and the citizens through the prism of technology and agency. The paper was published in Democracy & Society, a publication of the Center for Democracy and Civil Society, Volume 8, Issue 2, Summer 2011.

Cross-posted from Democracy and Society.

Introduction

The first decade of the 21st century has witnessed the simultaneous growth of the Internet and digital technologies on the one hand and political protests and mobilization on the other. As a result, some stakeholders attribute magical powers of social change and political transformation to these technologies.

In the post-Wikileaks world, governments try to censor the use of and access to information technologies in order to maintain the status quo (Domscheit-Berg 2011). With the expansion of markets, technology multinationals and service providers are trying to strike a delicate balance between ethics and profits. Civil Society Organizations for their part, are seeking to counterbalance censorship and exploitation of the citizens’ rights. Within discourse and practice, there remains a dialectic between hope and despair: Hope that these technologies will change the world, and despair that we do not have any sustainable replicable models of technology-driven transformation despite four decades of intervention in the 6eld of information and communication technology (ICT).

This paper suggests that this dialectic is fruitless and results from too strong of a concentration on the functional role of technology. The lack of vocabulary to map and articulate the transitions that digital technologies bring to our earlier understanding of the state-market-citizen relationship, as well as our failure to understand technology as a paradigm that defines the domains of life, labour, and language, amplify this knowledge gap.

This paper draws on a research project that focuses on understanding new technology, mediated identities, and their relationship with processes of change in their immediate and extended environments in emerging information societies in the global south (Shah 2009). We suggest that endemic to understanding digital activism is the need to look at the recalibrated relationships between the state and the citizens through the prism of technology and agency.

Context

It is appropriate, perhaps, to begin a paper on digital activism, with a discussion of analogue activism[1] (Morozov 2010). In the recent revolutions and protests from Tunisia to Egypt and Iran to Kryzygystan, much attention has been given to the role of new media in organizing, orchestrating, performing, and shaping the larger public psyche and the new horizons of progressive governments. Global media has dubbed several of them as ‘Twitter Revolutions” and “Facebook Protests” because these technologies played an important role in the production of :ash-mobs, which, because of their visibility and numbers, became the face of the political protests in di)erent countries. Political scientists as well as technology experts have been trying to figure out what the role of Twitter and Facebook was in these processes of social transformation. Activists are trying to determine whether it is possible to produce replicable upscalable models that can be transplanted to other geo-political contexts to achieve similar results,[2] as well as how the realm of political action now needs to accommodate these developments.

Cyber-utopians have heralded this particular phenomenon of digital activists mobilizing in almost unprecedented numbers as a hopeful sign that resonates the early 20th century rhetoric of a Socialist Revolution (West and Raman 2009). (ey see this as a symptom of the power that ordinary citizens wield and the ways in which their voices can be ampli6ed, augmented, and consolidated using the pervasive computing environments in which we now live.

In a celebratory tone, without examining either the complex assemblages of media and government practices and policies that are implicated in these processes, they naively attribute these protests to digital technologies.

Cyber-cynics, conversely, insist that these technologies are just means and tools that give voice to the seething anger, hurt, and grief that these communities have harboured for many years under tyrannical governments and authoritarian regimes. They insist that digital technologies played no role in these events — they would have occurred anyway, given the right catalysts — and that this overemphasis on technology detracts from greater historical legacies, movements, and the courage and efforts of the people involved.

While these debates continue to ensue between zealots on conflicting sides, there are some things that remain constant in both positions: presumptions of what it means to be political, a narrow imagination of human-technology relationships, and a historically deterministic view of socio-political movements. While the objects and processes under scrutiny are new and unprecedented, the vocabulary, conceptual tools, knowledge frameworks, and critical perspectives remain unaltered. They attempt to articulate a rapidly changing world in a manner that accommodates these changes. Traditional approaches that produce a simplified triangulation of the state, market and civil society, with historically specified roles, inform these discourses, “where the state is the rule-maker, civil society the do-gooder and watchdog, and the private sector the enemy or hero depending on one’s ideological stand” (Knorringa 2008, 8).

Within the more diffuse world realities, where the roles for each sector are not only blurred but also often shared, things work differently. Especially when we introduce technology, we realize that the centralized structural entities operate in and are better understood through a distributed, multiple avatar model. For example, within public-private partnerships, which are new units of governance in emerging post-capitalist societies, the market often takes up protostatist qualities, while the state works as the beneficiary rather than the arbitrator of public delivery systems. In technology-state conflicts, like the well-known case of Google’s conflict with China (Drummond 2010), technology service providers and companies have actually emerged as the vanguards of citizens’ rights against states that seek to curb them.

Similarly, civil society and citizens are divided around the question of access to technology. The techno-publics are often exclusive and make certain analogue forms of citizenships obsolete. While there is a euphoria about the emergence of a multitude of voices online from otherwise closed societies, it is important to remember that these voices are mediated by the market and the state, and often have to negotiate with strong capillaries of power in order to gain the visibility and legitimacy for themselves. Additionally, the recalibration in the state-market-citizen triad means that there is certain disconnect from history which makes interventions and systemic social change that much more difficult.

Snapshots

We draw from our observations in the “Digital Natives with a Cause?”[3] research program, which brought together over 65 young people working with digital technologies towards social change, and around 40 multi-sector stakeholders in the field to decode practices in order to gain a more nuanced understanding of the relationships between technology and politics.

The first case study is from Taiwan, where the traditionally accepted uni-linear idea of senders-intermediaries-passive receivers is challenged by adopting a digital information architecture model for a physical campaign.[4] The story not only provides insight into these blurred boundaries and roles, but also offers an understanding of the new realm of political intervention and processes of social transformation.

As YiPing Tsou (2010) from the Soft Revolt project in Taipei explains, "I have realised how the Web has not only virtually reprogrammed the way we think, talk, act and interact with the work but also reformatted our understanding of everyday life surrounded by all sorts of digital technologies."

Tsou’s own work stemmed from her critical doubt of the dominant institutions and structures in her immediate surroundings. Fighting the hyper-territorial rhetoric of the Internet, she deployed digital technologies to engage with her geo-political contexts. Along with two team members, she started the project to question and critique the rampant consumerism, which has emerged as the state and market in Taiwan collude to build more pervasive marketing infrastructure instead of investing in better public delivery systems. The project adopted a gaming aesthetic where the team produced barcodes, which when applied to existing products in malls and super markets, produced random pieces of poetry at the check-out counters instead of the price details that are expected. The project challenged the universal language of barcodes and mobilized large groups of people to spread these barcodes and create spaces of confusion, transient data doubles, and alternative ways of reading within globalized capitalist consumption spaces. The project also demonstrates how access to new forms of technology also leads to new information roles, creating novel forms of participation leading to interventions towards social transformation.

Nonkululeko Godana (2010) from South Africa does not think of herself as an activist in any traditional form. She calls herself a storyteller and talks of how technologies can amplify and shape the ability to tell stories. Drawing from her own context, she narrates the story of a horrific rape that happened to a young victim in a school campus and how the local and national population mobilized itself to seek justice for her. For Godana, the most spectacular thing that digital technologies of information and communication offer is the ability for these stories to travel in unexpected ways. Indeed, these stories grow as they are told. They morph, distort, transmute, and take new avatars, changing with each telling, but managing to help the message leap across borders, boundaries, and life-styles. She looks at storytelling as something that is innate to human beings who are creatures of information, and suggests that what causes revolution, what brings people together, what allows people to unify in the face of strife and struggle is the need to tell a story, the enchantment of hearing one, and the passion to spread it further so that even when the technologies die, the signal still lives, the message keeps on passing. As Clay Shirky, in his analysis of the first recorded political :ash-mob in Phillipines in 2001, suggests, "social media’s real potential lies in supporting civil society and the public sphere — which will produce change over years and decades, not weeks or months."

Propositions

These two stories are just a taste of many such narratives that abound the field of technology based social transformation and activism. In most cases, traditional lenses will not recognize these processes, which are transient and short-lived as having political consequence. When transformative value is ascribed to them, they are brought to bear the immense pressure of sustainability and scalability which might not be in the nature of the intervention. Moreover, as we have seen in these two cases, as well as in numerous others, the younger generation — these new groups of people using social media for political change, often called digital natives, slacktivists, or digital activists — renounce the earlier legacy of political action. They prefer to stay in this emergent undefined zone where they would not want an identity as a political person but would still make interventions and engage with questions of justice, equity, democracy, and access, using the new tools at their disposal to negotiate with their immediate socio-cultural and geo-political contexts.

In their everyday lives, Digital Natives are in different sectors of employment and sections of society. They can be students, activists, government officials, professionals, artists, or regular citizens who spend their time online often in circuits of leisure, entertainment and self-gratification. However, it is their intimate relationship with these processes, which is often deemed as ‘frivolous’ that enables them, in times of crises, to mobilize huge human and infrastructural resources to make immediate interventions.

It is our proposition that it is time to start thinking about digital activism as a tenuous process, which might often hide itself in capillaries of non-cause related actions but can be materialized through the use of digital networks and platforms when it is needed. Similarly, a digital activist does not necessarily have to be a full-time ideology spouting zealot, but can be a person who, because of intimate relationships with technologized forms of communication, interaction, networking, and mobilization, is able to transform him/ herself as an agent of change and attain a central position (which is also transitory and not eternal) in processes of social movement. Such a lens allows us to revisit our existing ideas of what it means to be political, what the new landscapes of political action are, how we account for processes of social change, and who the people are that emerge as agents of change in our rapidly digitizing world.

About the Authors

NISHANT SHAH is Director-Research at the Bangalore based Centre for Internet and Society. He is one of the lead researchers for the “Digital Natives with a Cause?” knowledge programme and has interests in questions of digital identity, inclusion and social change.

FIEKE JANSEN is based at the Humanist Institute for Development Cooperation (Hivos). She is the knowledge officer for the Digital Natives with a Cause? knowledge programme and her areas of interest are the role of digital technologies in social change processes.

References

Domscheit-Berg, Daniel. 2011. Inside Wikileaks: My Time with Julian Assange at the World’s Most Dangerous Website. New York: Crown Publishers.

Drummond, David. 2010. “A New Approach to China.” Available at: http:// googleblog.blogspot.com/2010/01/new-approach-to-china.html.

Godana, Nonkululeko. 2011. “Change is Yelling: Are you Listening?” Digital Natives Position Papers. Hivos and the Centre for Internet and Society publications. Available at: http://www.hivos.net/content/download/ 40567/260946/file/Position%20Papers.pdf. Retrieved: February 3, 2011.

Knorringa, Peter. 2010. A Balancing Act — Private Actors in Development, Inaugural Lecture ISS. Available at: http://www.iss.nl/News/Inaugural-Lecture-Professor-Peter-Knorringa. Retrieved: February 3, 2011.

Morozov, Evgeny. 2011. The Net Delusion: The Dark Side of Internet Freedom. New York: Public Affairs.

Shirky, Clay. 2011. “The Political power of Social Media: Technology, the Public Sphere, and Political Change.” Foreign Affairs 90, (1); p. 28-41.

Shah, Nishant and Sunil Abraham. 2009. “Digital Natives with a Cause.” Hivos Knowledge Programme. Hivos and the Centre for Internet and Society publications. Available at: http://cis-india.org/research/dn-report. Retrieved: February 3, 2011.

Tsou, YiPing. 2010. “(Re)formatting Social Transformation in the Age of Digital Representation: On the Relationship of Technologies and Social Transformation”, Digital Natives Position Papers. Hivos and the Centre for Internet and Society publications. Available at: http://www.hivos.net/ content/download/40567/260946/file/Position%20Papers.pdf. Retrieved: February 3, 2011.

West, Harry and Parvathi Raman. 2009. Enduring Socialism: Exploration of Revolution and Transformation, Restoration and Continuation. London: Berghahn Books.

End Notes

[1] Morozov looks at how ‘Digital Activism’ often feeds the very structures against we protest, with information that can prove to be counter productive to the efforts. The digital is still not ‘public’ in its ownership and a complex assemblage of service providers, media houses and governments often lead to a betrayal of sensitive information which was earlier protected in the use of analogue technologies of resistance.

[2] Following the revolutions in Egypt, China, worried that the model might be appropriated by its own citizens against China’s authoritarian regimes, decided to block “Jan25” and mentions of Egypt from Twitter like websites. More can be read here: http://yro.slashdot.org/story/11/01/29/2110227/China-Blocks-Egypt-On-Twitter-Like-Site.

[3] More information about the programme can be found here.

[4] Models of digital communication and networking have always imagined that the models would be valid only for the digital environments. Hence, the physical world still engages only with the one-to-many broadcast model, where the central authorities produce knowledge which is disseminated to the passive receivers who operate only as receptacles of information rather than bearers of knowledge. To challenge this requires a re-orientation of existing models and developing ways of translating the peer-to-peer structure in the physical world.

For more details visit https://cis-india.org/raw/between-the-stirrup-and-the-ground-relocating-digital-activism

Material Cyborgs; Asserted Boundaries: Formulating the Cyborg as a Translator

nishant — 2015-10-25T05:57:08Z

In this peer reviewed article, Nishant Shah explores the possibility of formulating the cyborg as an author or translator who is able to navigate between the different binaries of ‘meat–machine’, ‘digital–physical’, and ‘body–self’, using the abilities and the capabilities learnt in one system in an efficient and effective understanding of the other. The article was published in the European Journal of English Studies, Volume 12, Issue 2, 2008. [1]

Download the paper here.

Read the original paper published by Taylor & Francis here.

I, the cyborg

The cyborg, a combination of hardware, software and wetware, stands as one of the most visible figures of the cybernetic age. A portmanteau of two words: cybernetic and organism, the term cyborg refers to a biological being with a kinetic state that can be transferred with ease from one environment to another, able to adapt to changing environments through technological augmentation. The first living Cyborg to find its way into the human family tree was a rat. Manfred Clynes and Nathan Kline – two astrophysicists, in 1960, thought of a ‘hybrid-organism’ system (a rat with an osmotic pump) that provided biological stability to an organism in response to its constantly changing environment. In their paper in Astronautics they wrote:

For the exogenously extended organizational complex ... we propose the term ‘cyborg’. The Cyborg deliberately incorporates exogenous components extending the self-regulating control function of the organism in order to adapt it to new environments. (Clynes and Kline, 1960: 1)

Notwithstanding this, the cyborg is most commonly thought of in a futuristic vein, escaping the confines of the physical body and recreated through various digital forms like databases, networks and archives.

With the emergence of the WorldWide Web, the cyborg has strategically evolved in our imaginations as a metaphor of our times.We are already in the age where the ‘first living cyborg’ (Warwick, 2000: 15) has announced his arrival. In his autobiography I, Cyborg, Stephen Warwick, a professor of cybernetics and robotics, unveils how he became the first human cyborg through a series of path-breaking experiments. He begins his narrative by saying, ‘I was born human. But this was an accident of fate – a condition of time and place. I believe it’s something we have the power to change’ (Warwick, 2000: 5). Cybercultures theorist David Bell, on the other hand, especially with the proliferation of new digital technologies, in his preface to The Cybercultures Reader, locates the cyborg in ‘the crucial mechanics of urban survival’ (Bell, 2000: xxi) that produce everyday cyborgs through digital transactions and technologically augmented practices. Sherry Turkle, looking at the experiments in genetic engineering and reproductive practices, traces the processes of ‘cyborgification’ in the production of ‘techno-tots’ (Turkle, 1992: 154) – a new generation of designer babies who have been augmented by technology to have the perfect genetic composition.

In this paper, I seek to explore the possibility of formulating the cyborg as an author or translator, who is able to navigate between the different binaries of ‘meat– machine’, ‘digital–physical’, ‘body–self’, using the abilities and the capabilities learnt in one system in an efficient and effective understanding of the other. What does the cyborg as a translator add to our understanding of the processes of translation? If we were to examine the formation of a cyborg identity embedded in the digital circuits of the World Wide Web, what is the text of translation? What are the translated objects? Who performs these translations? Is the user the omnipotent translator who brings to this site, her special knowledge of distinct systems to make meaning? When inflected by technology, does the process of translation, performed by the cyborg, enter into realms of incomprehensibility which get translated as illegality? How does the figure of the translating cyborg enable an analysis of the cyborg as materially bound and geographically contained, rather than the earlier ideas of the cyborg as residing in a state of ‘universal placelessness’ (Sorkin, 1992: 217)?

Configuring the cyborg as a translator

The cyborg, as fashioned by science fiction narratives, cinema and cartoons, conjures images of human–machine hybrids and the physical merging of flesh and electronic circuitry. Different representations of the cyborg abound in science fiction narratives in print, film, animation and games, from reengineered human bodies showcasing fin de millennia nostalgia for large robotic machines of power and strength to sleek and suave microchip-implanted silicon-integrated human beings who work in their artificially mutated enhancements. The cyborg has covered a wide imaginative range from looking at a happy human–machine synthesis to a degenerate human body made grotesque by machinistic implants to a rise of a potent cyborg community that threatens to overcome the human world of biological certainty and mortality. Some of the most famous instances of cyborgs in popular narratives illustrate this wide spectrum; from Maria the robot in Metropolis (Fritz Lang, 1927) to Lara Croft in the The Tomb Raider series (Toby Gard, 1996); from Case in William Gibson’s Neuromancer (1984) to Mr Anderson a.k.a. Neo in The Matrix Trilogy (The Wachowski Brothers, 1999–2003); from Johnny Quest (Hannah-Barbara Cartoons, 1996–7) in the eponymous animated series to avatars created on social networking sites and MMORPGs [2] like Second Life.

However, with the popularization and democratization of new digital technologies of information and communication (ICTs), we see a certain evolutionary production of the cyborg as an increasing number of people interact with digital spaces and sites and adopt mobile gadgets of computation and information dissemination as an extension of their bodies. The cyborg, as imagined within the digital realms of cyberspace, is imagined differently from the more hyper-real, hypervisible constructs within the fictional narratives.

Arjun Appadurai (1996), in his formulation of post-electronic modernity, explores how electronic media offer new everyday resources and disciplines for the imagination of the self and the world. He argues that the individual body and its ownership are wedded to the logic of capitalism and the notion of ownership that characterized most of the twentieth century. Appadurai suggests that the body becomes a site of critical inquiry and contestation because a capitalist state grants the individual the rights to his/her body and the choice to fashion that body through consumption patterns. When talking of Technoscapes [3], Appadurai posits the idea of a technologically enhanced sphere of activities and identity formation that defy the processes of capitalism and produce new instabilities in the creation of subjectivities.

Cyberspace has become such a site where the individual body, marked in its being (genetically, biologically, socially and culturally) and circumscribed by the (physical, reluctant and cumbersome) space, can free itself from the relentless materiality of a capitalist set of reference points, to create a truly global self and a universally accessible space. Katie Hafner and Matthew Lyon, in their comprehensive history of the origins of the web, mention how in 1968 Joseph Carl Robnett Licklider and Robert Taylor, who were research directors of the United States of America’s Department of Defense’s Advanced Research Projects Agency (ARPA) and who also set in place the first online community (ARPANET), prophesied that online interactive communities ‘will consist of geographically separated members, sometimes grouped in small clusters and sometimes working individually. They will be communities not of common location but of common interest’ (Hafner and Mathew, 1996: 44). This prophesy was realised by the end of the twentieth century, as scholars announce the construction of the ‘discontinuous, global agoras’ (Mitchell, 1996: 27) and the arrival of the new commons shaped within the technoscapes of the internet. The imagination of the internet as the new public sphere of communication, interaction and collaboration also brought into focus the skills that a cyborg requires in order to materially exist on the intersections of various domains. Donna Haraway, in her seminal essay ‘A cyborg manifesto’ (1991), posited one of the most influential imaginations of the cyborg as residing in the ‘optical illusion between social reality and science fiction’ (Haraway, 1991: 151) Haraway’s cyborg hints at the possibility of imagining the cyborg as a translator:

The cyborg is resolutely committed to partiality, irony, intimacy, and perversity. It is oppositional, utopian and completely without innocence. No longer structured by the polarity of public and private, the cyborg defines a technological polis based partly on a revolution of social relations in the oikos, the household.
(Haraway, 1991: xxii)

This cyborg, in the blurring of the public and the private, in the diffusion of the physical and the virtual, and in the yoking together of economic practices and social identities, becomes an agential subjectivity that translates one system into another, using the referents of meaning making and processes of knowledge production in one system for deciphering and navigating through the other system. Haraway’s cyborg is a willing and conscious extension; an illustration of what Judith Butler, in Bodies That Matter (1993) calls the ‘performative’, thus infusing the figure of the cyborg with the ability to negotiate with its immediate environment and shape it through the material practices it engages with. The cyborg as a translator, thus has an interesting role as a mediator between the two systems. The cyborg no longer makes the distinction between an original and a translated text – the two systems occupy equal and often contesting zones of reality and authenticity for the cyborg.

Sandy Stone, in her anthropological study on technosociality – the technologised social order that emerges with ICTs and the social order of the technologised communities – emphasizes this very critical role of the cyborg:

In technosociality, the social world of virtual culture, technics is nature. When exploration, rationalisation, remaking, and control mean the same thing, then nature, technics, and the structure of meaning have become indistinguishable. The technosocial subject is able successfully to navigate through this treacherous new world. S/he is constituted as part of the evolution of communication and technology and of the human organism, in a time in which technology and organism are collapsing, imploding, into each other.
(Stone, 1991: 81)

Stone’s idea of the cyborg as collapsing the binary between the organism and technology is indicative of how the cyborg, in its processes of translation, reproduces both the worlds, and in fact allows for a dual process of translation between the two so that systems implode to form a complex set of references that determine the meanings of the text. This dual process of translation produces a critical episteme to revisit the notion of translation where the skills of the translator and the figure of the translator are generally looked upon as residing in a nuanced and close reading of the original text and the interpretative techniques by which it is reproduced in the ‘new’ or translated text, making sure that the original gets suffused with the meaning and ironies of the other language. Stone also adds to Haraway’s conception of the cyborg as she recognizes another distinction that the cyborg as a translator blurs in its being – the distinction between technique and the structure of meaning.

The cyborg as a translator, because it produces its identities through the same techniques that it produces the translated texts, internalizes the very techniques of translation. However, this process of internalization, instead of making the techniques invisible, foregrounds them as essential to the comprehension and understanding of the meanings which have been produced in this dual process of translation. The next section of this paper does a close reading of an instance of particular cyberspatial form – the social networking systems – to illustrate the dual processes of translation and the textuality of the texts involved.

Lost in translation

Both Haraway and Stone imagine the cyborg in a process of self-authorship through the interaction with the digital technologies. However, both of them only deal with the conceptual category of the cyborg and do not really examine the specific practices that this cyborg produces. Within cyberspaces, social networking systems, blogs, MMORPGs, multiple user dungeons (MUD), discussion boards, media sharing platforms, p2p networks [4], etc., all create different conditions within which the physical users, through their digital avatars, interact with each other and form complex models of social networking and personal narratives. In this section I look at the notion of this self-authoring cyborg, embedded in the social networking system of ‘Orkut’, to illustrate and examine the discussions in the preceding section.

Orkut, a Google project, is one of the most thriving social networking systems that allows people to reacquaint themselves with people they have known in the past – friends, colleagues, acquaintances, family – who might be distributed across geography and lifestyles. Orkut also enables people with similar interests to form communities and interact, network and form new relationships with strangers in an unprecedented fashion. Orkut follows the AmWay [5] Economic model for its social networking, whereby an individual person inherits the friends of friends, thus often connecting themselves down more than 50 levels of friendship. Such a connection, such possibilities of networking, and the overall feeling of belonging to a dynamic, ever-growing network, gives the users a heady rush of emotions, using Orkut for various personal and professional reasons – from dating to holding meetings, from public performances to professional networking.

Most users within Orkut find themselves members of communities which are created around themes, hobbies, issues, ideas, movies, heroes, idols, books, religions, universities and schools, organizations, institutions, subjects, disciplines and music. One of the pre-requisites for using the various services on Orkut to their full potential is the creation of a profile. The profile, unlike a personal ad, is a concentrated effort at translating the ‘physical’ self of the person into ‘digital’ avatars that refer to the ‘original’ user behind the profile. Because of the pseudonymous nature of cyberspatial interactions, there is also an extra effort at making these avatars more verifiable, more real and more trustworthy. As an increasing number of users use social networking systems to find friends, to connect with partners and form communities that often translate back into the physical world, they spend a lot of effort on their profiles, trying to simulate (or translate) their personal identities and ideas into the digital world.

Most users put pictures of their face, along with populating their own virtual photo album with pictures of their pets, partners, friends, family and places they have visited. Profiles often change, adding ‘new pictures uploaded’ as a caption, to invite friends to visit their space and find out what is new about their virtual lives. Users can also keep track of all the changes that the people in their networks are making to their profiles, thus giving the sense of a fluid and a changing persona rather than a static description. Applications which allow the users to track birthdays, special dates, online calendars and the important events in their friends’ lives, add to the nature of communication and interaction. Most profiles have a fairly detailed narrative, using poetic imagery, exaggerated style, witticisms and pop philosophy to translate the person behind the screen. The profiles are also filled with their favourite activities, TV shows, music and books. This process of mapping a virtual body and producing texts of the physical body is the first level of translation that the users perform. The model of cyborgs that Haraway and Stone posit look upon the possibility of role playing, of fantasy, of adaptation and of authoring the self, in this process of cyborgification, as extremely liberating and subversive.

The social networking system and the related profiles also draw our attention to the dynamic interactions of the translated self within the digital domains. Through a metonymic process, the digital profile – the translated self – comes to stand in for the bodies of the users who not only create the translated self but also mark it with desires and aspirations. The translated self is largely under the control of the physical body. And yet, there are several ways in which the translated self does not allow for the physical body to emerge as the original, the authentic or the primary self within the dynamics of this site. On the one hand, it is the physical body of the user that authors the digital self, and hence it should be looked upon as the primary or the authentic text. On the other hand, the interactions that happen within the social networking system are interactions of the authored/translated self. The responses that the profile receives, the way in which the self is represented, the techniques used to engage with more people or invite strangers to communicate, are all the practices of the digital self.

Within Orkut, the profile of the person is bound to the physical body of the user behind the profile. While it is of course necessary to invoke a virtual avatar, because of the nature of social networking with people one already knows or has known, there is a certain disinvestment of fantasy within Orkut. Several users select pseudonyms which allow them to remain totally anonymous, but most of them have a visible face which tries to approximate their real-life persona online. Unlike the circuits of blogging or role playing games, Orkut emphasizes the need to be a ‘real’ person, thus validating its unique feature of ‘scrapping’. By employing it, users are encouraged to publicly perform their intimacies and relationships, which can be easily documented and tracked by others outside the one-to-one interaction. Thus, there seems to be a specific need to narrativize the self though the profile and the various functionalities available on Orkut. Members of the Orkut community are encouraged to think of themselves as part of a larger database – transmutable, transferable sets of data which they have authored for themselves – and can mobilize their virtual self across different networks to enhance their sense of social interaction and networking.

Also, the digital self is not translated solely by the physical user. Orkut has a feature of testimonials where the people in the networks of the translated self, also author opinions, observations and endorsements for the profile. Moreover, the public nature of communication and the archiving of this, add to the meaning and the functioning of this translated self. This production of the meta-data introjects the translated self into a circuit of meaning making and producing narratives that is beyond the scope of the physical body. Thus, there is a strange tension between the physical body of the user and the translated self that the user produces, which leads to the emergence of a cyborg identity. The cyborg is neither the physical body nor the translated digital self. It resides in the interface between the two, each constantly referring to the other, creating an interminable loop of dependence. The cyborg, because it is produced by the very technologies of the two systems that it is straddling, makes these techniques or the technologisation of the self synonymous with the processes of producing the narratives or making meaning.

This production of narratives of the self through different multimedia environments is not simply a process of writing biography or making self-representations. The users on Orkut (as well as other social networking sites like MySpace or blogging communities like Livejournal) are authoring avatars or substitute selves which are intricately and extensively a part of who they are. These translated selves do not live independent lives, but are firmly entrenched in the physical body and practices of the users. While there is a certain flexibility in the scripting of the avatar, the projections are more often than not premised upon the possibility of a Real. The avatars are also scripted as engaging in extremely mundane and daily activities to create verisimilitude and to map the physical body on to the avatar. To leave status messages like ‘stepped out for lunch’ or ‘Working really hard’ or ‘I am bored, entertain me’ is common practice for the users. As increasingly more users stay connected but are not always present on these digital platforms, they also let the avatars ‘sleep’ or ‘eat’ or ‘go away for some time’, synchronizing the avatar’s actions with their own.

A look at many other similar sites like blogging communities on ‘Livejournal’, or dating communities like ‘Friendster’, can give us an idea that the first stage in authoring a cyborg rests in creating these profiles, or avatars. Users spend an incredible amount of time trying to create for themselves the best avatars, which will be continued projections of the self. These tend to rely mainly on the visual component, as in games like ‘Second Life’ and chatting platforms like ‘Yahoo!’, but they can also rely on a combination of visual and verbal elements. Thus, the cyborg starts a process of translation whereby both the physical body and the translated self are distilled into data sets that get distributed across different practices and platforms, changing continuously and feeding into each other. Thus, just the first step of translation – the translation of the physical body into the digital avatar – is already a complex state, where we it is not as if the cyborg exists ex-nihilo and then translates from one system to the other but that the cyborg is produced in this very process of translation. Moreover, the translated text is not simply the sole authorship of the cyborg but has other players, who are a part of either of the systems, adding meanings and layers to the text.

The second step in this process is a reverse translation. Even within role playing games, where the alienation of the avatar from the body reaches its highest levels, there is an invested effort on the part of the gamer to provide physical and material contexts to the imagined bodies which they have created. Mizuki Ito (1992), in her work about online gamers, looks at how, with an increased investment in the digital lives, users tend to shape their own physical selves around their projected avatars. Many chronic users of cyberspaces have their language, their social interaction and even the way they dress and behave affected by their practices online. Sherry Turkle, in her analysis of the MUD world in Life on the Screen (1996), points out that an increasing number of users start looking upon their screen lives as a constitutive part of their reality rather than an escape from it.

A computer’s ‘windows’ have become a potent metaphor for thinking about the self as a multiple and distributed system. The hypertext links have become a metaphor for a multiplicity of perspectives. On the internet, people who participate in virtual communities may be ‘logged on’ to several of them (open as several open-screen windows) as they pursue other activities. In this way, they may come to experience their lives as a ‘cycling through’ screen worlds in which they may be expressing different aspects of self.
(Turkle, 1996: 43)

In another essay, titled ‘Playblog: Pornography, Performance and Cyberspace’ (Shah, 2005), I illustrate how the process of ‘reverse embodiment’ takes place in the lifecycle of bloggers. This process entails a mapping of the translated avatar on to the physical body of the users. This process of reverse translation often leads to the users abandoning their avatars, cutting down on their public presence or sometimes actually committing ‘digital suicides’, killing their own selves to start new identities and networks. Julian Dibbell, in his celebrated essay, ‘A Rape Happened in Cyberspace’ (1994) looks at the dynamics of this reverse mapping or inverted translation as well. Dibbell was witness to one of the most popular cases of ‘digital violence’ in the late 1990s, when in an MUD, a particular user called Dr Bungle, devised a ‘voodoo doll’ on the Lambda MOO MUD, which gained control over two of the other users, making them enter into a series of involuntary sexual acts of deviousness and perversion, in a public ‘room’ where all the other users could see them. What might be looked upon as a simple gaming aesthetic of a more powerful player taking over the avatars of two players with lesser power became a topic of huge discussion as the physical users behind the translated avatars complained of feeling violated and ‘raped’. This claim had very serious consequences because it no longer allowed for a linear notion of the physical body being translated into a digital avatar but insisted that the translated avatar is always, because of the users’ emotional involvement but also because of the practices that the avatar initiates, mapped back on to the body of the physical user. This is a process of reverse embodiment where the presumed ‘original’ is now re-shaped and re-configured to suit the translated object. Such a phenomenon is perhaps possible only in the domains of the cyberspace. Also, the cyborg, generally presumed as residing in the physical body, is now relocated in this two-way process, at the borders where it not only facilitates meaning but also realizes itself in the process of facilitation.

The digital transactions in which the users within such spaces engage have huge social, economic and cultural purport. The authoring of these selves, of these digital avatars, leads to the idea of the cyborg as not simply a synthesis – a site upon which the synthesis happens – but as a dynamic situation in which all subjects participate, producing and supporting its own identity. The cyborg exists in the interstices of the different oppositions of the real and the virtual, the physical and the digital, the temporal and the spatial, the biological and the technological. Moreover, the cyborg does not reside simply within the digital domains but becomes and embodied technosocial being, with a material body that enters into other realms of authorship and subjectification. It is necessary to recognize that the cyborg is not simply a self authored identity but is also subject to various other realms of governance. These material cyborgs, then, assert the need for the body as central to their imagination.

This bounded cyborg is also subject to the territories that it resides within. The last section of the paper looks at the State as a critical part of the production of these material cyborg identities and analyses how the incomprehensibility of this particular identity reproduces it in a condition of illegality, rescuing it from the boundless universal imagination and reasserting the geographical and the territorial boundaries that the cyborg exists within. In this particular analysis, because of my own familiarity with the context and also because new digital technologies are still emerging and unfolding into new forms in India, I shall speak specifically of the Indian State but hope that the particular case that I analyse shall have resonances for other geo-cultural and socio-political contexts as well.

The state of the cyborg

The cyborg, thus residing on the interstices of so many different paradigms, can no longer be limited to aesthetized representations and narratives, but is becoming a part of everyday practices of global urbanism. The range of human–machine relationships is diverse and increasingly varied. We might not be complete cyborgs but we do deal with ‘intimate machines’ (Turkle, 1996: 142) and live in ‘cyborg societies’ (Haraway, 1991: 179). The cities where we we live constantly remind us of the machinations we are dependent on; sometimes they blind us of our dependence on the technology, sometimes they make it starkly visible. Different organizations like the Military, Space Studies, Medicine, Human Research and Education are using new forms of organism–technology interactions in the increasingly urbanised world. Just like the interactions of the translated avatara and the physical users, David Bell and Barbara Kennedy, in their introduction to The Cybercultures Reader, look at the interactions with various different technologies of communication and transport, and posit the notion of an ‘Everyday Cyborg’ that gets produced in everyday practices:

Taking Viagra, or [using] a pacemaker, or riding a bike, or withdrawing cash from an ATM, or acting out [our] fantasies as Lara Croft in the latest Tomb Raider game or as a Nato bomber pilot blitzing Kosovo, or anyone watching footage from Kosovo live on the late-night news.
(Bell, 2000: ix)

In their list, the authors are more interested in looking at human–machine interaction and making historical continuities to the production of a technosocial identity or a cyborg self. This ‘naturalized’ cyborg robs the cyborg of its criticality or importance. It seems to posit the cyborg as simply a coupling of organism and machine, and hence a benign cultural formulation which can now be decontextualized and analysed in the digital domains. The cyborg as a translator – initiating a complex and intricate set of relationships between the different systems of meaning making that it

straddles – questions this trvialization of the cyborg and instead helps produce the cyborg identity as an epistemological category which needs to be analysed to see the processes that produce it and the crises it produces in the pre-digital understanding of text and textuality.

It is with these questions that I begin the analysis of what has popularly been dubbed as the ‘Lucknow Gay Scandal’ in India. In India, under the Section 377 of the Indian Penal Code, as a part of larger ‘Unnatural Sex Acts’, homosexual activity is a punishable offence [6]. However, the reading of this particular act has always been invoked in dealing with the act of same-sex sexual behaviour and not to punish a particular identity. However, when the queer rights and gay collectives started gaining momentum because of the rise of digital technologies (Singh, 2007), the production of the queer cyborg produced an anxiety about the fantasies, the digital avatars and the material practices of the users behind the avatars. In January 2006, policemen in the city of Lucknow, masquerading as gay men, registered with a popular queer dating website called ‘Guys4men’. Explicitly a gay dating site, it allows users to create their profiles, add pictures and text, translate their personal data in a scripted space, exchange messages and chat. Like the earlier discussed social networking sites, Guys4men also allows users to search and befriend each other, encouraging public discussions and arranging for physical encounters at a personal or a collective level.

These policemen created profiles and listed themselves as gay men, to start interacting with the members of the site. They solicited sex and meetings and finally invited five men to come and meet them in a public garden in Lucknow. When four of the five men turned up for the rendezvous, they were arrested on charges of obscenity, of soliciting sex in public and engaging in homosexual fantasies. The media reported this as ‘Gay Club Running on the Net Unearthed’ (The Times of India, 5 January 2006). The website was looked upon as a physical space where people indulged in ‘unnatural sex acts’.

The four men were punished, not for anything that they did in public or in the physical world but for their projected fantasies online. They were publicly humiliated, exhibited to the media as a ‘homosexual coup’ and put under arrest by the police. While a large part of the political society in India erupted in fury at the gross violation of the human rights and the punishment of fantasies, leading to a raging court case which still has not found resolution, what this paper hopes to glean from this particular case are four interesting points. Firstly, three of the four men, in their physical existence, were married and had children. They were not suspected to have homosexual inclinations by their family or friends, to whom this came as a huge shock. The evidence of the material practices of their physical bodies was not looked upon as strong enough to acquit them. Secondly, the policemen who were luring these men towards a homosexual encounter were themselves projecting similar fantasies. However, as theirs were sanctioned by some high authority, they gained validity and were not to be punished. It was almost as if the fantasies and the avatars that the policemen had were legitimate, sanctified translations of their selves, which made them different. Thirdly, while the men were caught in the physical meeting space, the charges against them were all based on their online activities. What was being produced was not even the act of translating their physical bodies into digital avatars. What was at stake in the particular case was the fact that, in the processes of translation, a reverse translation was also set into place, where the digital avatars and the circuits of consumption and interaction that these avatars entered into were mapped on to the physical bodies, reconfiguring them and marking them as queer. The men were punished not because they claimed a queer identity or because they had fantasies online which did not subscribe to the State’s directive. These men were being punished for the production of a cyborg self – a self which on the one hand was contained by the physical bodies of the users, thus subject to the processes of governance and administration applicable in the geography that they are located in, and on the other hand produced by the imagined selves – the translated avatars which reside outside of the geo-territorial regimes. It is this production of the queer cyborg, residing on the boundaries of sexuality, of nationality and subjectivity that was sought to be punished in this particular case.

On the whole, this case seems to prove that there is a very definite move, on the part of the State, towards the recognition of online avatars as not only extensions of the self but as more powerful identities than the physical self. The State imagines the users of cyberspace as ‘real’ cyborgs and conceives their online activities, fantasies and role-plays as punishable offences. The State also recognizes their translated selves – their datasets that they authored – as verifiable proof of their existence and actions online. The story of the Lucknow incident brings to the fore the possibility that there might also be reluctant cyborgs. The notion of the translator is always somebody who is in a conscious condition of deploying knowledge in order to bridge the gap between different paradigms. However, as the digital world becomes more democratic and becomes a part of our daily transactions, an increasing number of users enter into conditions of translation which they might not recognize as translation. It is also imaginable that a large number of users might resort to the cyberspace to reach a particular aim, without wishing to produce any elaborate narratives of themselves. They might be completely unaware of the processes of reverse translation which follow. However, because of the State’s investment in digital technologies and its infrastructures, individuals get authored as cyborgs, having to take responsibility for their actions and fantasies online, against their will and outside of their knowledge.

The implication of the State or other State-like bodies in the production of these cyborg identities and texts makes us aware of the fact that processes of translation are not simply about the intention and the effort of the translator, but are also severely embedded in the techniques used for translation and the contexts within which the translator and the translated identities are produced. In earlier discussions of testimonials and scraps on Orkut or commentating and editing on blogging platforms, we had already looked upon how the translated text, even when it is a self-narrative, on the digital interfaces, is already a product of multiple authorships and can no longer be attributed to a single individual translator. Similarly, the cyborg identity that is produced in the processes of translation – the cyborg as a translator – is also not a product of individual desire or intention but is often brought into being through the various other players within the internet as well as within the physical contexts of the users.

Why cyborg?

The everyday embodied cyberspace cyborg thus becomes subject to the state as well as the technology. People who enter the digital matrices are made accountable for their actions and travels in cyberspaces. There is an increased anxiety around monitoring these processes of translation, of reverse translation and production of translated cyborg identities that are becoming such an integral part of cyberspatial platforms.

The virtual avatars are re-mapped onto the body of the user, thus reconfiguring the notion of the self and the body. The state, through its efforts, becomes a major player in the authoring of the cyberspace cyborg. Other surveillance technologies like Close Circuit Television (CCTV) for instance, also produce unwilling or unwitting technologized narratives of the users caught under the camera. It is possible to use CCTV in public spaces and capture users in different actions which they can be held responsible for later. However, the cyberspace cyborg differs significantly from this model because the users of cyberspace are willing participants of the spaces which they occupy.

The positing of the cyborg as a translator and as an identity that emerges out of translation practices defines a clearer role for translation and a larger definition for translation as it gets inflected by digital technologies. Instead of the universal hyperreal agent, the cyborg as a translator emphasizes one of the fundamental principles of understanding translation – the context of the translator, the agential negotiations of the translator with the original text, the processes by which the self of the translator get produced and the importance of the technologies within which the translation occurs. The collaborative nature of digital technologies and cyberspatial forms illustrates how the process of translation is not singular and that the relationship between the presumed original and the translated text also need to be re-visited. However, more that anything else, the cyborg as a translator makes it clear that the translated text is not produced in isolation or by a single author. There are various contributions that emerge from the networks within which the cyborg translator operates and from the different technologies of governance that the cyborg translators as well as the translated texts are subject to. On the other hand, to the body of cybercultures which has sustained interest in the production and imagination of the cyborg, the cyborg as a translator offers a different way of locating the cyborg identity – not as an identity produced through cyberspaces, but as an embodied cyborg that emerges as an epistemological category to explain the processes of collaboration, sharing, collective authoring and possession of the new digital spaces.

Notes

[1] This paper owes huge intellectual and emotional debt to Rita Kothari who first invited me to contribute to this issue, helping me formulate the germ of the idea and to Elena Di Giovanni who has been an extremely patient editor, guiding me through the many drafts that gave shape to this final version.

[2] MMORPG – Massively Multiple Online Role – playing game is a genre of gaming in which a large number of players interact with one another in a virtual world. The MUDs that Sherry Turkle studied can be looked upon as the direct antecedents to MMORPGs like Second Life and War of Warcraft – two of the most popular gaming platforms in current times.

[3] Technoscapes are the landscapes of technology. They refer to technology as both high and low, informational and mechanical, and the speed at which it travels between previously impassible boundaries. Appadurai uses the idea of Technoscape to imagine a fluid and transmittable topography of technology, where the different transactions and the identities formed online have material consequences in economic flows and societal formations. The cyborg thus produced actively chooses and negotiates its identity. Identities are no longer solid, but become fractured, in that we no longer have to choose the identities or accept the ideas of the local community. We are actively choosing our programming based on that which is available to us. While the cyborg may choose to act in a manner most appropriate or relative to the cultures and geographies it is embedded within, that is no longer the only programming option available to it and many are choosing to look beyond their own cultural arenas.

[4] P2P networks – peer-to-peer networks – inherit the cyberspatial aesthetics of decentralized networks; of nodes being distributed across the circuits of the internet and talking to each other, collaborating in projects, sharing information and exchanging digital material. The p2p networks have been under severe focus because they allow for unmonitored piracy and exchange of information

[5] AmWay emerged in the 1960s as the first of its kind of multi-level marketing company where the individuals inherit each other’s customers and profits through a simple system of multi-directional networking.

[6] The Wikipedia entry for IPC Section 377 reads: ‘Homosexual relations are technically still a crime in India under an old British era statute dating from 1860 called Section 377 of the Indian Penal Code which criminalises ‘‘carnal intercourse against the order of nature.’’ Since this is deliberately vague in the past it has been used against oral sex (heterosexual and homosexual), sodomy, bestiality, etc. The punishment ranges from ten years to lifelong imprisonment’. The relevant section reads: ‘Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine’.

References

Appadurai, Arjun (1996). Modernity At Large. New Delhi: Oxford UP.

Bell, David (2000). ‘Introduction I Cybercultures Reader: a User’s Guide’. The Cybercultures Reader. Eds David Bell and Barbara M. Kennedy. London and New York; Routledge.

Butler, Judith (1993). Bodies That Matter: On the Discursive Limits of ‘Sex’. New York: Routledge.

Clynes, Manfred and Nathan Kline (1960). ‘Cyborgs in Outerspace’ 20 November 2002. http://search.nytimes.com/library/cyber/surf/022697surf-cyborg.html.

Dibbell, Julian (1994). ‘A Rape in Cyberspace, or How an Evil Clown, a Haitan Trickster Spirit, Two Wizards, and a Cast of Dozens Turned a Database into a Society’. The Village Voice.

‘Gay Club Running on Net Unearthed’. The Times of India. 5 January 2006. http://timesofindia.indiatimes.com/Cities/Lucknow/Gay_club_running_on_Net_unearthed/articleshow/msid-1359203,curpg-2.cms.

Gibson, William (1994). Neuromancer. New York: Ace Books.

Hafner, Katie and Mathew Lyon (1996). Where Wizards Stay up Late: The Origins of the Internet. New York: Simon and Shuster.

Haraway, Donna (1991). ‘A Cyborg Manifesto: Science, Technology, and Socialist-Feminism in the Late Twentieth Century’. Simians, Cyborgs, and Women. New York: Routledge, 149–81.

Ito, Mizuko (1992). ‘Inhabiting Multiple Worlds: Making Sense of SimCity2000TM in the Fifth Dimension’. Cyborg Babies: From Techno-Sex to Techno-Tots. Eds Robbie Davis-Floyd and Joseph Dumit. New York: Routledge.

Licklider, C. R. and Robert Taylor (1968) ‘The Computer as Communication Device’. Science and Technology, 21–31 April. http://www.cc.utexas.edu/ogs/alumni/events/taylor/licklider-taylor.pdf. Accessed 5 November 2005.

Mitchell, William (1996). City of Bits: Space, Place and the Infobahn. Cambridge: MIT.

Shah, Nishant (2005). ‘Playblog: Pornography, Performance and Cyberspace’. http://networkcultures.org/blog/publication/the-art-and-politics-of-netporn/.

Singh, Pawan Deep (2007). ‘Inside Virtual Queer Subcultures’. MA Thesis. Hyderabad Central University.

Sorkin, Michael (1992). ‘See you in Disneyland’. Variations on a Theme Park: The New American City and the End of Public Space. New York: Noonday Press.

Stone, Sandy (1991). Cyberspace: First Steps. Ed. Michael Benedikt. Cambridge, MA: MIT Press. 81–118.

Turkle, Sherry (1992). ‘Cyborg Babies and Cy-dough-plasm’. Cyborg Babies: From Techno-Sex to Techno-Tots. Eds Robbie Davis-Floyd and Joseph Dumit. New York: Routledge.

Turkle, Sherry (1996). Life on the Screen: Identity in the age of the internet. London: Weidenfeld and Nicolson.

Warwick, Stephen (2000). I, Cyborg. London: University of Reading Press.

For more details visit https://cis-india.org/raw/material-cyborgs-asserted-boundaries-formulating-the-cyborg-as-a-translator

New Contexts and Sites of Humanities Practice in the Digital (Paper)

sneha-pp — 2019-12-06T05:03:33Z

The ubiquitous presence of the ‘digital’ over the couple of decades has brought with it several important changes in interdisciplinary forms of research and knowledge production. Particularly in the arts and humanities, the role of digital technologies and internet has always been a rather contentious one, with more debate spurred now due to the growth of fields like humanities computing, digital humanities (henceforth DH) and cultural analytics. Even as these fields signal several shifts in scholarship, pedagogy and practice, portending a futuristic imagination of the role of technology in academia and practice on the one hand, they also reflect continuing challenges related to the digital divide, and more specifically politics around the growth and sustenance of the humanities disciplines. A specific criticism within more recent debates around the origin story of DH in fact, has been its Anglo-American framing, drawing upon a history in humanities computing and textual studies, and located within a larger neoliberal imagination of the university and academia. While this has been met with resistance from across different spaces, thus calling for more diversity and representation in the discourse, it is also reflective of the need to trace and contextualize more local forms of practice and pedagogy in the digital as efforts to address these global concerns. This essay by Puthiya Purayil Sneha draws upon excerpts from a study on the field of DH and related practices in India, to outline the diverse contexts of humanities practice with the advent of the digital and explore the developing discourse around DH in the Indian context.

This essay was published in Vol 22 No 1 (2016): SummerHill, Indian Institute of Advanced Study, Shimla. Edited by Dr. Bindu Menon. Download the essay here (PDF).

Abstract

The last couple of decades have seen an increasing prevalence of digital technologies and internet in the study and practice of arts and humanities. With the growth of fields like humanities computing, digital humanities (henceforth DH) and cultural analytics, there has been a renewed interest in the increasing role of the ‘digital’ in interdisciplinary forms of research and knowledge production. DH in particular has become a field of much interest and debate in different parts of the world, including in India. Globally, in the last two decades, there have been several efforts to organize the discourse around this field which seeks to explore various intersections between humanities and digital methods, spaces and tools1. But DH also continues to remain a bone of contention, with several perspectives on what exactly constitutes its methodology and scope, and most importantly its epistemological stake.

A specific criticism has been the Anglo-American framing of DH, located within a larger neoliberal imagination of the university and the higher education system at large. As a result, the connection of these two threads—a history of DH located in humanities computing and textual studies and its contextualization within the American university—is often represented as the history of DH. This has been met with resistance from several scholars and practitioners across the world calling for more global perspectives on the field. Drawing upon excerpts from a recently completed study on mapping the field of DH and related practices in India, this essay will attempt to outline the diverse contexts of humanities practice emerging with the digital turn, along with a reading of some of the global debates around DH to understand the discourse around the field in the Indian context.

For more details visit https://cis-india.org/raw/new-contexts-and-sites-of-humanities-practice-in-the-digital-paper

Data bleeding everywhere: a story of period trackers

sumandro — 2019-12-06T05:03:09Z

This is an excerpt from an essay by Sadaf Khan, written for and published as part of the Bodies of Evidence collection of Deep Dives. The Bodies of Evidence collection, edited by Bishakha Datta and Richa Kaul Padte, is a collaboration between Point of View and the Centre for Internet and Society, undertaken as part of the Big Data for Development Network supported by International Development Research Centre, Canada.

Please read the full essay on Deep Dives: Data bleeding everywhere: a story of period trackers

Sadaf Khan: Media Matters for Democracy and Twitter

...By now there are a number of questions buzzing around my head, most of them unasked. Are users comfortable with so much of their data being collected? Are there really algorithms that string together all this data into medically-relevant trends? How reliable can these trends be when usage is erratic? Are period tracking apps pioneering, fundamental elements of a future where medical aid is digital and reliable data is inevitably linked to the provision of medical services? And if so, are privacy and health soon to become conflicting rights?

I also want to find out how users understand data collection and privacy before giving apps consent to utilize their data and information as they will. Hareem says she gives apps informed consent. ‘If my data becomes a part of the statistics aiding medical research, why not? There is no harm in it. I am getting a good service, and if my data helps create a better understanding as a part of a larger statistical pool, they are welcome to use it.’

But is she really sure that this information will be used only as anonymised data for medical research? ‘Look at the kind of information that is being collected,’ she answers. ‘Dates, mood, consistency of mucus, basal temperature. What kind of use does one have for this data?’

Naila, in turn, says: ‘Honestly, I have never really thought about what happens to the data the application collects. Obviously I enter detailed information about my cycle and my moods and my sex life. But a), my account is under a fake name and b), even if it wasn’t, who would have any use for stuff like when my period starts and ends and what my mood or digestive system is like at any given moment?’

In fact, this sentiment is shared among all the women interviewed for this piece — what use would anyone have for this data?

As users, we often imagine our own data as anonymised within a huge dataset. But as users, we don’t have enough information about how our data is being used — or will be used in future. The open and at times vague language of a platform’s terms and conditions allows menstrual apps to use data in ways that I may not know of. Some apps continue to hold customer data even after an account is deleted. Even though I may technically ‘agree’ to the terms and conditions, is this fully informed consent?

One of the big concerns around this kind of medical information being collected is the potential for collaborations with big pharmaceuticals and other health service providers. With apps sitting on a goldmine of users’ fertility and health information, health service providers might mine their data for potential consumers and reach out directly to them. While this is like any targeted marketing campaign, the fact that the advertiser is likely to be offering medical services to women suffering from infertility and are at their most vulnerable, raises totally different ethical concerns.

And these apps and their businesses might grow in directions that users haven’t taken into consideration. Take Ovia’s health feature for companies to buy premium services for their employees. While the gesture is packaged as a goodwill one, it also means that an employer has access to extremely private and intimate medical information about their women employees. And while the data set is anonymised, it is still possible to figure out the identity of users based on specific information. For example, how many women in any company are pregnant at any given time?...

Pregnant a year after my miscarriage, I initially downloaded multiple apps in a bid to find a good fit. I don’t know which one of these was in communication with Facebook. But almost immediately, my Facebook timeline started becoming littered with ads for baby stuff — clothes, shoes bibs, prams, cribs, ointments for stretch marks, maternity wear, the works.

It makes me think of those old school clockwork-style videos. You drop a ball and off it goes: making dominos fall, knocking over pots and pans, setting in motion absurd, synchronized mechanisms. Similarly, I drop my data and watch it hurtle into my life, on to other platforms, off to vendors. Maybe to stalkers? To employers? Who knows.

For more details visit https://cis-india.org/raw/sadaf-khan-data-bleeding-everywhere-a-story-of-period-trackers

Making Humanities in the Digital: Embodiment and Framing in Bichitra and Indiancine.ma

sneha-pp — 2018-06-25T12:50:36Z

The growth of the internet and digital technologies in the last couple of decades, and the emergence of new ‘digital objects’ of enquiry has led to a rethinking of research methods across disciplines as well as innovative modes of creative practice. This chapter authored by Puthiya Purayil Sneha (published in 'Making Things and Drawing Boundaries: Experiments in the Digital Humanities' edited by Jentery Sayers) discusses some of the questions that arise around the processes by which digital objects are ‘made’ and made available for arts and humanities research and practice, by drawing on recent work in text and film archival initiatives in India.

Through an exploration of an online film archive, Indiancine.ma, and a digital variorum of Rabindranath Tagore’s works, Bichitra, developed at Jadavpur University, Kolkata, the chapter engages with the processes of making and studying digital objects as creative and analytical, affective, and embodied. Drawing also on observations from a study on mapping digital humanities work in India, the chapter explores conceptual and material processes of the digital to understand how they affect research and practice in the humanities. These also allow for a new perspectives to understand the condition of digitality we inhabit today, as well as the possibilities it offers for the humanities.

This chapter authored by Puthiya Purayil Sneha was published in Making Things and Drawing Boundaries: Experiments in the Digital Humanities (2017), edited by Jentery Sayers, University of Minnesota Press, Minneapolis, London.

For more details visit https://cis-india.org/raw/making-humanities-in-the-digital-embodiment-and-framing-in-bichitra-and-indiancine.ma

Digital Activism in Asia Reader

sumandro — 2015-10-24T14:36:44Z

The digital turn might as well be marked as an Asian turn. From flash-mobs in Taiwan to feminist mobilisations in India, from hybrid media strategies of Syrian activists to cultural protests in Thailand, we see the emergence of political acts that transform the citizen from being a beneficiary of change to becoming an agent of change. In co-shaping these changes, what the digital shall be used for, and what its consequences will be, are both up for speculation and negotiation. Digital Activism in Asia marks a particular shift where these questions are no longer being refracted through the ICT4D logic, or the West’s attempts to save Asia from itself, but shaped by multiplicity, unevenness, and urgencies of digital sites and users in Asia. It is our great pleasure to present the Digital Activism in Asia Reader.

The Book

The Reader took shape over two workshops with a diverse range of participants, including activists, change-makers, and scholars, organised by the Researchers at Work (RAW) programme in June 2014 and March 2015. During the first workshop, the participants identified the authors, topics, and writings that should be included/featured in the reader, based upon their relevance in the grounded practices of the participants, who came from various Asian countries. The second workshop involved open discussions regarding how the selected readings should be annotated, from key further questions to strategies of introducing them, followed by development of the annotations by the participants of the workshop. The full list of contributors, annotators, and editors is mentioned at the end of the book.

We are grateful to the Meson Press for its generous and patience support throughout the development process of the book.

Please download, read, and share this open-access book from the Meson Press website.

The Reader has been edited by Nishant Shah, P.P. Sneha, and Sumandro Chattapadhyay, with support from Anirudh Sridhar, Denisse Albornoz, and Verena Getahun.

Excerpt from the Foreword

Compiling this Reader on Digital Activism in Asia is fraught with compelling challenges, because each of the key terms in the formulation of the title is sub-ject to multiple interpretations and fierce contestations. The construction of ‘Asia’ as a region, has its historical roots in processes of colonial technologies of cartography and navigation. Asia was both, a measured entity, mapped for resources to be exploited, and also a measure of the world, promising anorientation to the Western World’s own turbulent encounters. As Chen Kuan-Hsing points out in his definitive history of the region, Asia gets re-imagined as a ‘method’ in cold-war conflicts, becoming the territory to be assimilated through exports of different ideologies and cultural purports. Asia does not have its own sense of being aregion. The transactions, interactions, flows and exchanges between different countries and regions in Asia have been so entirely mediated by powers of colonisation that the region remains divided and reticent in its imagination of itself. However, by the turn of the 21st century, Asia has seen a new awakening. It finds a regional identity, which, surprisingly did not emerge from its consolidating presence in global economics or in globalised structures of trade and commerce. Instead, it finds a presence, for itself, through a series of crises of governance, of social order, of political rights, and of cultural productions, that binds it together in unprecedented ways.

The digital turn might as well be marked as an Asian turn, because with the new networks of connectivity, with Asian countries marking themselves as informatics hubs, working through a circulated logic of migrant labour and dis-tributed resources, there came a sense of immediacy, proximity, and urgencythat continues to shape the Asian imagination in a new way. In the last decade or so, the rapid changes that have emerged, creating multiple registers of modernity, identity, and community in different parts of Asia, accelerated by a seamless exchange of ideas, commodities, cultures, and people have created a new sense of the region as emerging through co-presence rather than competition and conflict. Simultaneously, the emergence of global capitals of information, labour and cultural export, have created new reference points by which the region creates its identities and networks that are no longer subject to the tyranny of Western hegemony...

While the digital remains crucial to this shaping of contemporary Asia, both in sustaining the developmental agenda that most of the countries espouse, and in opening up an inward looking gaze of statecraft and social organisation, the digital itself remains an ineffable concept. Largely because the digital is like a blackbox that conflates multiple registers of meaning and layers of life, it becomes important to unengineer it and see what it enables and hides. The economic presence of the digital is perhaps the most visible in telling the story of Asia in the now. Beginning with the dramatic development of Singapore as the centre of informatics governance and the emergence of a range of cities from Shanghai to Manilla and Bangalore to Tehran, there has been an accelerated narrative of economic growth and accumulation of capital that is often the global face of the Asian turn. However, this economic reordering is not a practice in isolation. It brings with it, a range of social stirrings that seek to overthrow traditional structures of oppression, corruption, control, and injustice that have often remained hidden in the closed borders of Asian countries. However, the digital marks a particular shift where these questions are no longer being excavated by the ICT4D logic, of the West’s attempts to save Asia from itself. These are questions that emerge from the ground, as more people interact with progressive and liberal politics and aspire not only for higher purchase powers but a better quality of rights. The digital turn has opened up a range of social and political rights based discourses, practices, and movements, where populations are holding their governments and countries responsible, accountable, and culpable in the face of personal and collective loss and injustice...

In the face of this multiplicity of digital sites and usages that are reconfiguring Asia, it is obvious then, that the very nature of what constitutes activism is changing as well. Organised civil society presence in Asia has often had a strong role in shaping modern nation states, but more often than not these processes were defined in the same vocabulary as that of the powers that they were fighting against. Marked by a strong sense of developmentalism and often working in complement to the state rather than keeping a check on the state’s activities, traditional activism in Asia has often suffered from the incapacity to scale and the inability to find alternatives to the state-defined scripts of development, growth and progress. In countries where literacy rates have been low, these movements also suffer from being conceived in philosophical and linguistic sophistry that escapes the common citizen and remains the playground of the few who have privileges afforded to them by class and region. Digital Activism, however, seems to have broken this language barrier, both internally and externally, allowing for new visualities enabled by ubiquitous computing to bring various stakeholders into the fray... At the same time, the digital itself has introduced new problems and concerns that are often glossed over, in the enthralling tale of progress. Concerns around digital divide, invasive practices of personal data gathering, the nexus of markets and governments that install the citizen/consumer in precarious conditions, and the re-emergence of organised conservative politics are also a part of the digital turn. Activism has had to focus not only on digital as a tool, but digital also as a site of protest and resistance...

The Reader does not offer an index of the momentous emergence with the growth of the digital or a chronological account of how digital activism in Asia has grown and shaped the region. Instead, the Reader attempts a crowd-sourced compilation that presents critical tools, organisations, theoretical concepts, political analyses, illustrative case-studies and annotations, that an emerging network of changemakers in Asia have identified as important in their own practices within their own contexts.

For more details visit https://cis-india.org/raw/digital-activism-in-asia-reader

Centre for Internet and Society

Whose Change is it Anyway?

Arguments Against Software Patents in India

Preamble

What are Patents?

Philosophical Justification Against Software Patents

Legal Case Against Software Patents

Practical Reasons Against Software Patents

Patent Landmines / Submarine Patents / Patent Gridlocks / No Exception for Independent Creation

Don't These Cases Show How Software Patents Help Small Companies?

Term of Patents

Software Industry Progressed Greatly Without Patents

Copyright Exists for Software

Insufficient Disclosure

Software Patents Work Against Free/Libre/Open Source Software

Conclusion

Technological Protection Measures in the Copyright (Amendment) Bill, 2010

Implications: The Good Part

Implications: The Bad Part

Uncertainties

On "shall maintain" and penalties

On "facilitating" and remoteness

More uncertainties

On "purpose" as a criterion in 65A(2)(a)

Conclusion

Exceptions and Limitations in Indian Copyright Law for Education: An Assessment

The 2010 Special 301 Report Is More of the Same, Slightly Less Shrill

Special 301 Report: Unbalanced Hypocrisy

India and the 2010 Special 301 Report

On Copyrights

On Patents

Miscellanea

Conclusion

IIPA's Recommendation for the Special 301 Report

Open Source

Domestic Software

WCT, WPPT, Camcording, and Statutory Damages

Further conclusions

A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement

Analysis of the Copyright (Amendment) Bill, 2010

Existing Copyright Act

Proposed Amendments

Some positive amendments

Some negative amendments

Missed opportunities

Doing Standpoint Theory

Cross-posted from GenderIT, September 1, 2019

Image description: Three speech bubbles on different textures. Artist: Catalina Alzate

Standpoint theory holds the experiences of the marginalised as the source of ‘truth’ about structures of oppression, which is silenced by traditional objectivist research methods as they produce knowledge from the standpoint of voices in positions of power.

Self-reflexivity then becomes necessary to ensure that the project does not slip into an absolutely relativist position, rather using the narratives of workers to challenge those of governments and private actors.

We were often asked politically charged questions, our advice solicited and information sought.

Unlike the tendency of relativists to focus on each perspective as ‘equally valid truth’, we are choosing to focus on the conflicts and intersections between emerging discourses.

Endnotes

Privacy after Big Data: Compilation of Early Research

Download the Compilation (PDF)

Privacy after Big Data

Between the Stirrup and the Ground: Relocating Digital Activism

Introduction

Context

Snapshots

Propositions

About the Authors

References

End Notes

Material Cyborgs; Asserted Boundaries: Formulating the Cyborg as a Translator

I, the cyborg

Configuring the cyborg as a translator

Lost in translation

The state of the cyborg

Why cyborg?

Notes

References

New Contexts and Sites of Humanities Practice in the Digital (Paper)

Abstract

Data bleeding everywhere: a story of period trackers

Please read the full essay on Deep Dives: Data bleeding everywhere: a story of period trackers

Sadaf Khan: Media Matters for Democracy and Twitter

Making Humanities in the Digital: Embodiment and Framing in Bichitra and Indiancine.ma

Digital Activism in Asia Reader

The Book