The Centre for Internet and Society
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Open Data Hackathons are Great, but Address Privacy and License Concerns
https://cis-india.org/openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns
<b>This is to cross-publish a blog post from DataMeet website regarding a letter shared with the organisers of Urban Hack 2015, Bangalore, in response to a set of privacy and license concerns identified and voiced during the hackathon by DataMeet members. Sumandro Chattapadhyay co-authored and co-signed the letter. The blog post is written by Nisha Thompson.</b>
<p> </p>
<p>Hackathons are a source of confusion and frustration for us. DataMeet actively does not do them unless there is a very specific outcome the community wants like<a href="https://github.com/datameet/maps/tree/master/parliamentary-constituencies"> freeing a whole dataset </a>or introducing <a href="http://datameet.org/2015/05/13/mumbai-meet-6-data-science-hackathon/">open data to a new audience</a>. We feel that they cause burn out, are not productive, and in general don't help create a healthy community of civic tech and open data enthusiasts.</p>
<p>That is not to say we feel others shouldn't do them, they are very good opportunities to spark discussion and introduce new audiences to problems in the social sector. <a href="http://www.datakind.org/chapters/datakind-blr">DataKind</a> and <a href="https://rhokbangalore.wordpress.com/">RHOK</a> and numerous others host hackathons or variations of them regularly to stir the pot, bring new people into civic tech and they can be successful starts to long term connections and experiments. A lot of people in the DataMeet community participate and enjoy hackathons.</p>
<p>However, with great data access comes great responsibility. We always want to make sure that even if no output is achieved when a dataset is opened at least no harm should be done.</p>
<p>Last October an open data hackathon,<a href="https://www.hackerearth.com/sprints/urban-hack/"> Urban Hack</a>, run by Hacker Earth, <a href="http://www.nasscom.in/">NASSCOM</a>, <a href="http://www.xrci.xerox.com/">XEROX</a>, <a href="https://console.ng.bluemix.net/?cm_mmc=EcoDISA-_-Bluemix_day-_-11-15-14::12-31-15-_-UrbanHack">IBM </a>and <a href="http://wri-india.org/">World Resource Institute India</a> wanted to bring out open data and spark innovation in the transport and crime space by making datasets from <a href="http://mybmtc.com/">Bangalore Metropolitan Transport Corporation (BMTC)</a> and the Bangalore City Police available to work with. A DataMeet member (<a href="http://www.lostprogrammer.com/">Srinivas Kodali</a>) was participating, he is a huge transport data enthusiast and wanted to take a look at what is being made available.</p>
<p>In the morning shortly after it started I received a call from him that there is a dataset that was made available that seems to be violating privacy and data security. We contacted the organizers and they took it down, later we realized it was quite a sensitive dataset and a few hundred people had already downloaded it. We were also distressed that they had not clarified ownership of data, license of data, and had linked to sources like <a href="http://openbangalore.org/">Open Bangalore</a> without specifying licensing, which violated the license.</p>
<p>The organizers were quite noted and had been involved with hackathons before so it was a little distressing to see these mistakes being made. We were concerned that the government partners (who had not participated in these types of events before) were also being exposed to poor practices. As smart cities initiatives take over the Indian urban space, we began to realize that this is a mistake that shouldn't happen again.</p>
<p>Along with <a href="http://cis-india.org/">Centre for Internet and Society</a> and Random Hacks of Kindness we sent the organizers, Bangalore City Police and BMTC a letter about the breach in protocol. We wanted to make sure everyone was aware of the issues and that measures were taken to not repeat these mistakes.</p>
<p>You can see the letter here:</p>
<p><iframe src="https://www.documentcloud.org/documents/2702333-Appropriate-and-Responsible-Practices-for.html" height="500" width="600"></iframe></p>
<p>We are very proud of the DataMeet community and Srinivas for bringing this violation to the attention of the organizers. As people who participate in hackathons and other data events it is imperative that privacy and security are kept in mind at all times. In a space like India where a lot of these concepts are new to institutions, like the Government, it is essential that we are always using opportunities not only to showcase the power of open data but also good practices for protecting privacy and ensuring security.</p>
<p> </p>
<p><em>Originally posted on DataMeet website: <a href="http://datameet.org/2016/02/02/to-hack-or-not-to-hack/">http://datameet.org/2016/02/02/to-hack-or-not-to-hack/</a>.</em></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns'>https://cis-india.org/openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns</a>
</p>
No publishersumandroPrivacyOpen DataOpen Government DataFeaturedHackathonOpenness2016-02-05T20:37:18ZBlog EntryInvisible Censorship: How the Government Censors Without Being Seen
https://cis-india.org/internet-governance/invisible-censorship
<b>The Indian government wants to censor the Internet without being seen to be censoring the Internet. This article by Pranesh Prakash shows how the government has been able to achieve this through the Information Technology Act and the Intermediary Guidelines Rules it passed in April 2011. It now wants methods of censorship that leave even fewer traces, which is why Mr. Kapil Sibal, Union Minister for Communications and Information Technology talks of Internet 'self-regulation', and has brought about an amendment of the Copyright Act that requires instant removal of content.</b>
<h2>Power of the Internet and Freedom of Expression</h2>
<p>The Internet, as anyone who has ever experienced the wonder of going online would know, is a very different communications platform from any that has existed before. It is the one medium where anybody can directly share their thoughts with billions of other people in an instant. People who would never have any chance of being published in a newspaper now have the opportunity to have a blog and provide their thoughts to the world. This also means that thoughts that many newspapers would decide not to publish can be published online since the Web does not, and more importantly cannot, have any editors to filter content. For many dictatorships, the right of people to freely express their thoughts is something that must be heavily regulated. Unfortunately, we are now faced with the situation where some democratic countries are also trying to do so by censoring the Internet.</p>
<h2>Intermediary Guidelines Rules</h2>
<p>In India, the new <a class="external-link" href="http://www.mit.gov.in/sites/upload_files/dit/files/GSR314E_10511%281%29.pdf">'Intermediary Guidelines' Rules</a> and the <a class="external-link" href="http://mit.gov.in/sites/upload_files/dit/files/GSR315E_10511%281%29.pdf">Cyber Cafe Rules</a> that have been in effect since April 2011 give not only the government, but all citizens of India, great powers to censor the Internet. These rules, which were made by the Department of Information Technology and not by the Parliament, require that all intermediaries remove content that is 'disparaging', 'relating to... gambling', 'harm minors in any way', to which the user 'does not have rights'. When was the last time you checked wither you had 'rights' to a joke before forwarding it? Did you share a Twitter message containing the term "#IdiotKapilSibal", as thousands of people did a few days ago? Well, that is 'disparaging', and Twitter is required by the new law to block all such content. The government of Sikkim can run advertisements for its PlayWin lottery in newspapers, but under the new law it cannot do so online. As you can see, through these ridiculous examples, the Intermediary Guidelines are very badly thought-out and their drafting is even worse. Worst of all, they are unconstitutional, as they put limits on freedom of speech that contravene <a class="external-link" href="http://lawmin.nic.in/coi/coiason29july08.pdf">Article 19(1)(a) and 19(2) of the Constitution</a>, and do so in a manner that lacks any semblance of due process and fairness.</p>
<h2>Excessive Censoring by Internet Companies</h2>
<p>We, at the Centre for Internet and Society in Bangalore, decided to test the censorship powers of the new rules by sending frivolous complaints to a number of intermediaries. Six out of seven intermediaries removed content, including search results listings, on the basis of the most ridiculous complaints. The people whose content was removed were not told, nor was the general public informed that the content was removed. If we hadn't kept track, it would be as though that content never existed. Such censorship existed during Stalin's rule in the Soviet Union. Not even during the Emergency has such censorship ever existed in India. Yet, not only was what the Internet companies did legal under the Intermediary Guideline Rules, but if they had not, they could have been punished for content put up by someone else. That is like punishing the post office for the harmful letters that people may send over post.</p>
<h2>Government Has Powers to Censor and Already Censors<br /></h2>
<p>Currently, the government can either block content by using section 69A of the Information Technology Act (which can be revealed using RTI), or it has to send requests to the Internet companies to get content removed. Google has released statistics of government request for content removal as part of its Transparency Report. While Mr. Sibal uses the examples of communally sensitive material as a reason to force censorship of the Internet, out of the 358 items requested to be removed from January 2011 to June 2011 from Google service by the Indian government (including state governments), only 8 were for hate speech and only 1 was for national security. Instead, 255 items (71 per cent of all requests) were asked to be removed for 'government criticism'. Google, despite the government in India not having the powers to ban government criticism due to the Constitution, complied in 51 per cent of all requests. That means they removed many instances of government criticism as well.</p>
<h2>'Self-Regulation': Undetectable Censorship</h2>
<p>Mr. Sibal's more recent efforts at forcing major Internet companies such as Indiatimes, Facebook, Google, Yahoo, and Microsoft, to 'self-regulate' reveals a desire to gain ever greater powers to bypass the IT Act when censoring Internet content that is 'objectionable' (to the government). Mr. Sibal also wants to avoid embarrassing statistics such as that revealed by Google's Transparency Report. He wants Internet companies to 'self-regulate' user-uploaded content, so that the government would never have to send these requests for removal in the first place, nor block sites officially using the IT Act. If the government was indeed sincere about its motives, it would not be talking about 'transparency' and 'dialogue' only after it was exposed in the press that the Department of Information Technology was holding secret talks with Internet companies. Given the clandestine manner in which it sought to bring about these new censorship measures, the motives of the government are suspect. Yet, both Mr. Sibal and Mr. Sachin Pilot have been insisting that the government has no plans of Internet censorship, and Mr. Pilot has made that statement officially in the Lok Sabha. This, thus seems to be an instance of censoring without censorship.</p>
<h2>Backdoor Censorship through Copyright Act</h2>
<p>Further, since the government cannot bring about censorship laws in a straightforward manner, they are trying to do so surreptitiously, through the back door. Mr. Sibal's latest proposed amendment to the Copyright Act, which is before the Rajya Sabha right now, has a provision called section 52(1)(c) by which anyone can send a notice complaining about infringement of his copyright. The Internet company will have to remove the content immediately without question, even if the notice is false or malicious. The sender of false or malicious notices is not penalized. But the Internet company will be penalized if it doesn't remove the content that has been complained about. The complaint need not even be shown to be true before the content is removed. Indeed, anyone can complain about any content, without even having to show that they own the rights to that content. The government seems to be keen to have the power to remove content from the Internet without following any 'due process' or fair procedure. Indeed, it not only wants to give itself this power, but it is keen on giving all individuals this power. <br /><br />It's ultimate effect will be the death of the Internet as we know it. Bid adieu to it while there is still time.</p>
<p><a href="https://cis-india.org/internet-governance/invisible-censorship.pdf" class="internal-link" title="Invisible Censorship (Marathi version)">The article was translated to Marathi and featured in Lokmat</a></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/invisible-censorship'>https://cis-india.org/internet-governance/invisible-censorship</a>
</p>
No publisherpraneshIT ActGoogleAccess to KnowledgeSocial mediaFreedom of Speech and ExpressionIntellectual Property RightsIntermediary LiabilityFeaturedInternet GovernanceCensorship2012-01-04T08:59:14ZBlog EntryCitizen Activism the Past Decade
https://cis-india.org/digital-natives/citizen-activism-the-past-decade
<b>Call for Contributions to the ‘Digital Natives with a Cause?’ newsletter, ‘Citizen Activism the Past Decade’. Deadline: August 15, 2012.</b>
<p style="text-align: justify;">The past decade (2001 – 2011) has been marked by unprecedented democratic protests across the globe. Not only have citizens risen against autocratic regimes or systemic corruption, which is not unprecedented in itself, but also, a spark in one region inflamed solidarity among neighbouring nations to pick up the placards and march for change. Plenty has been written about the strategic deployment of social media, Web 2.0 platforms and Smart-gadgets by the digital natives (the youth and the old alike) to rewrite the rules of citizen activism.</p>
<p style="text-align: justify;">In this issue of the newsletter, we explore the mechanics of activism aided by media: web, social, digital, and traditional. What do we understand by a cause and how does it find resonance at the local and global platforms? Is the digital native a community player or a global citizen? How do digital natives connect, collaborate, mobilize and bring about their visions of change? The aim is to not establish or reinforce these dichotomies, if indeed they exist, but to understand the dimensions of the stage the digital natives operate on <em>and if that stage is a synecdoche for global youth-led civic action.</em> A case in point: <strong>‘Slut Walk’ </strong>moved from being a one-off march in Toronto to becoming a global movement and came full circle when small towns and cities across the world organized protest marches with a local ‘twist’.</p>
<h3 style="text-align: justify;">Topics that contributors can explore:</h3>
<ol></ol>
<ul>
<li>What do we understand by citizen activism? How has citizen activism changed over the last 10 years with the advent of new media tools?</li>
<li style="text-align: justify;">Youth as 'change agents'. Are protest movements youth oriented today? How are civil rights movements of the past decade different from the wave of movements that marked the 60s? (women's lib, LGBT rights, civil rights, disability rights). Explore the mechanics of organizing, mobilizing and measuring the success of a campaign in both the cases.</li>
<li style="text-align: justify;">Participatory Politics and Web 2.0 | Value and power of the Network in effecting change | Mobilizing support and consensus within the network |studies on politically active youth using social media | digital natives as apathetic citizens | Is Slacktivism still a misunderstood term?</li>
<li style="text-align: justify;">Kony 2012 video campaign | interviews | what went wrong and what did they do right? | Rise of DIY activism | mechanics of digital activism | resources, tools and strategies</li>
<li style="text-align: justify;">Rise of the ‘Glocal’ (global with local resonance) cause | Slut Walk and Co – global protests inspiring local campaigns | Children of globalization with global stakes supporting local causes – how does this work?</li>
<li style="text-align: justify;">Role of new media as a vehicle for civic engagement | Are new media and traditional media mutually exclusive in influencing citizen action? | How are new media strategies deployed by citizens in comparison with traditional media engagement?</li>
<li style="text-align: justify;">Learning from past campaigns: citizen activism initiates and strategies in history that inspire modern campaigns (The ‘Walk to Work’ protest in Uganda protesting against fuel price hike and removal of subsidies is similar to Mahatma Gandhi’s <em>Dandi</em> <em>March</em> in pre-independence India to protest against Salt Tax).</li>
<li style="text-align: justify;">Finding commonalities in citizen activism across Asia, Africa and Middle East | Explore the citizen action campaigns that have shaped political discourse in the past decade | Explore some of the most successful youth action campaigns of the past decade </li>
<li style="text-align: justify;">How do we measure value, quality and success of campaigns? When does a protest officially end? Studies that explore the life-cycle of a protest or movement </li>
<li style="text-align: justify;">The future of activism: new technologies, new demography, new forms of engagement | art and activism | Gamification </li>
<li style="text-align: justify;">Role of non-governmental organizations and civil society networks in fostering political change | collaboration between NGOs and social media activists / independent protesters</li>
<li style="text-align: justify;">State and the empowered citizen | State response to protest | surveillance and censorship</li>
<li style="text-align: justify;">Technologies of protest</li>
<li style="text-align: justify;">Studying citizen activism | digital native research methodology to study citizen activism</li></ul>
<ol></ol>
<p style="text-align: justify;">To know more about the topics you can write about, please write to: <a class="external-link" href="http://mailtonilofar.ansh@gmail.com">nilofar.ansh@gmail.com</a> (Nilofar Ansher, Community Manager). Contributions can be in the form of essays, notes, commentaries, reviews (book or paper), dialogues and chat transcript, poems, sketches / graphics. Essay word count between 800-1,600 words. Send your entries along with a brief bio and a profile picture by August 15, 2012.</p>
<p style="text-align: justify;">View previous issues of the 'Digital Natives with a Cause?' newsletter here: <a href="https://cis-india.org/digital-natives/newsletter" class="external-link">http://cis-india.org/digital-natives/newsletter</a></p>
<p>
For more details visit <a href='https://cis-india.org/digital-natives/citizen-activism-the-past-decade'>https://cis-india.org/digital-natives/citizen-activism-the-past-decade</a>
</p>
No publisherNilofar AnsherFeaturedResearchers at WorkDigital Natives2015-04-24T11:52:44ZBlog EntryIntellectual Property Rights — Open Access for Researchers
https://cis-india.org/a2k/blogs/unesco-nehaa-chaudhari-march-19-2015-communication-and-information-resources-news-and-in-focus-articles-unesco-open-access-curriculum-is-now-online
<b>In the year 2013, Nehaa Chaudhari had worked on a module on Intellectual Property Rights for United Nations Educational, Scientific and Cultural Organization (UNESCO)'s Open Access Curriculum (Curriculum for Researchers) as part of a project for the Commonwealth Educational Media Centre for Asia. UNESCO published the module this year. Nehaa Chaudhari and Varun Baliga were among the Module preparation team. Nehaa Chaudhari was the writer for Units 1, 2 and 3: Understanding Intellectual Property Rights, Copyright and Alternative to a Strict Copyright Regime.</b>
<p style="text-align: justify; ">This publication is available in Open Access under the Attribution - ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (<a class="external-link" href="http://creativecommons.org/licenses/by-sa/3.0/igo/">http://creativecommons.org/licenses/by-sa/3.0/igo/</a>). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (<a class="external-link" href="http://www.unesco.org/open-access/terms-use-ccbysa-en">http://www.unesco.org/open-access/terms-use-ccbysa-en</a>).</p>
<hr />
<h2 style="text-align: justify; ">Module Introduction</h2>
<p style="text-align: justify; ">Intellectual Property Rights (IPR) are set of rights associated with creations of the human mind. An output of the human mind may be attributed with intellectual property rights. These are like any other property, and the law allows the owner to use the same to economically profit from the intellectual work. Broadly IPR covers laws related to copyrights, patents and trademarks. While laws for these are different in different countries, they follow the international legal instruments. The establishment of the Wold Intellectual Property Organization (WIPO) has established the significance of IPR for the economic growth of nations in the knowledge economy.</p>
<p style="text-align: justify; ">This module has three units, and while the Unit 1 covers the basics of IPR, Unit 2 expands in detail the components of copyright and explains the origins and conventions associated with it. Unit 3 discusses the emergence of liberal licensing of copyrighted work to share human creation in the commons. In the last unit, we discuss the Creative Commons approach to licensing of creative works within the structures of the copyright regime that permits the authors to exercise their rights to share in the way they intend to. Creative Commons provides six different types of licenses, of which the Creative Commons Attribution license is the most widely used in research journals part of the Open Access framework.</p>
<p style="text-align: justify; ">At the end of this module, you are expected to be able to:</p>
<ul>
<li>Understand intellectual property rights and related issues </li>
<li>Explain copyright, authors’ rights, licensing and retention of rights; and</li>
<li>Use the Creative Commons licensing system</li>
</ul>
<h3>Acknowledgements</h3>
<p>Nehaa would like to thank Varun Baliga and Anirudh Sridhar for their research and writing support in Unit 1, and Samantha Cassar for Unit 2.</p>
<ul>
</ul>
<hr />
<p><a href="https://cis-india.org/a2k/blogs/intellectual-property.pdf" class="internal-link">Click to download the PDF containing the Modules</a>. Also read <a class="external-link" href="http://www.unesco.org/new/en/communication-and-information/resources/news-and-in-focus-articles/all-news/news/unescos_open_access_oa_curriculum_is_now_online/#.VQo6Ho58h8e">UNESCO’s Open Access (OA) Curriculum is now online</a></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/unesco-nehaa-chaudhari-march-19-2015-communication-and-information-resources-news-and-in-focus-articles-unesco-open-access-curriculum-is-now-online'>https://cis-india.org/a2k/blogs/unesco-nehaa-chaudhari-march-19-2015-communication-and-information-resources-news-and-in-focus-articles-unesco-open-access-curriculum-is-now-online</a>
</p>
No publishernehaaFeaturedHomepagePublicationsAccess to Knowledge2015-03-24T01:22:20ZBlog EntryNo more 66A!
https://cis-india.org/internet-governance/blog/no-more-66a
<b>In a landmark decision, the Supreme Court has struck down Section 66A. Today was a great day for freedom of speech on the Internet! When Section 66A was in operation, if you made a statement that led to offence, you could be prosecuted. We are an offence-friendly nation, judging by media reports in the last year. It was a year of book-bans, website blocking and takedown requests. Facebook’s Transparency Report showed that next to the US, India made the most requests for information about user accounts. A complaint under Section 66A would be a ground for such requests.</b>
<p style="text-align: justify; ">Section 66A hung like a sword in the middle: Shaheen Dhada was arrested in Maharashtra for observing that Bal Thackeray’s funeral shut down the city, Devu Chodankar in Goa and Syed Waqar in Karnataka were arrested for making posts about Narendra Modi, and a Puducherry man was arrested for criticizing P. Chidambaram’s son. The law was vague and so widely worded that it was prone to misuse, and was in fact being misused.</p>
<p style="text-align: justify; ">Today, the Supreme Court struck down Section 66A in its judgment on a <a class="external-link" href="http://cis-india.org/internet-governance/blog/overview-constitutional-challenges-on-itact">set of petitions</a> heard together last year and earlier this year. Stating that the law is vague, the bench comprising Chelameshwar and Nariman, JJ. held that while restrictions on free speech are constitutional insofar as they are in line with Article 19(2) of the Constitution. Section 66A, they held, does not meet this test: The central protection of free speech is the freedom to make statements that “offend, shock or disturb”, and Section 66A is an unconstitutional curtailment of these freedoms. To cross the threshold of constitutional limitation, the impugned speech must be of such a nature that it incites violence or is an exhortation to violence. Section 66A, by being extremely vague and broad, does not meet this threshold. These are, of course, drawn from news reports of the judgment; the judgment is not available yet.</p>
<p style="text-align: justify; ">Reports also say that Section 79(3)(b) has been read down. Previously, any private individual or entity, and the government and its departments could request intermediaries to take down a website, without a court order. If the intermediaries did not comply, they would lose immunity under Section 79. The Supreme Court judgment states that both in Rule 3(4) of the Intermediaries Guidelines and in Section 79(3)(b), the "actual knowledge of the court order or government notification" is necessary before website takedowns can be effected. In effect, this mean that intermediaries <i>need not</i> act upon private notices under Section 79, while they can act upon them if they choose. This stops intermediaries from standing judge over what constitutes an unlawful act. If they choose not to take down content after receiving a private notice, they will not lose immunity under Section 79.</p>
<p style="text-align: justify; ">Section 69A, the website blocking procedure, has been left intact by the Court, despite infirmities such as a lack of judicial review and non-transparent operation. More updates when the judgment is made available.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/no-more-66a'>https://cis-india.org/internet-governance/blog/no-more-66a</a>
</p>
No publishergeethaCensorshipFreedom of Speech and ExpressionHomepageIntermediary LiabilityFeaturedChilling EffectSection 66AArticle 19(1)(a)Blocking2015-03-26T02:01:31ZBlog EntryCivil Society Organisations and Internet Governance in Asia and India – Section Outlines
https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-asia-and-india-outlines
<b>The Centre for Internet and Society has been invited to contribute two sections to the Asia Internet History - Third Decade (2001-2010) book edited by Dr. Kilnam Chon. The sections will discuss the activities and experiences of civil society organisations in Asia and India, respectively, in national, regional, and global Internet governance processes. The draft outlines of the sections are shared here. Comments and suggestions are invited.</b>
<p> </p>
<p>In the (draft) Foreword to the <a href="https://sites.google.com/site/internethistoryasia/book3" target="_blank">Asia Internet History – Third Decade (2001-2010)</a>, Prof. David J. Farber <a href="https://sites.google.com/site/annex3asia/home/foreword14629.docx?attredirects=0&d=1" target="_blank">writes</a>:</p>
<blockquote>
<p>One of the early attempts to extend the reach of the Internet to Asia was via the “Johnny Appleseed” approach. That is a set of people responded to queries by people in Asian countries asking how they could connect with the growing Internet by offering to supply tapes to key people in the requesting countries, often by physically going with the tapes, as well as providing access points to the USA Internet. The people that we, I was one of the seeders, worked, with became the leaders in their nation and founded the initial national networks that blossomed with time and often formed the basis of commercial Internets. The traditions that these network frontier pioneers established lead to the eventual spread of the benefits of Internet access to not only their nations but became models for the spread to the rest of Asia…</p>
</blockquote>
<p>I am honoured to contribute to the pioneering series titled <a href="https://sites.google.com/site/internethistoryasia/home" target="_blank">Asia Internet History</a>, edited by Dr. Kilnam Chon, by foregrounding a range of other individuals and organisations that often worked outside but in engagement with the national governments, and technical and academic institutions that govern <em>the connecting tapes</em> of the Internet, to ensure mass access to and effective usages of Internet in Asia.</p>
<p>The two sections, to be authored me, provides an overview of ‘civil society organisations’ working across Asian countries that have played a critical role in the shaping of policy-making and discourse around Internet governance during 2000-2010, and then undertakes a closer look at the organisations working in India and their interventions at national, regional, and global levels.</p>
<p>Please read the draft outlines of the <a href="https://github.com/ajantriks/writings/blob/master/sumandro_asia_internet_history_civil_society_overview_outline.md" target="_blank">overview section</a> and the <a href="https://github.com/ajantriks/writings/blob/master/sumandro_asia_internet_history_civil_society_india_outline.md" target="_blank">section on Indian organisations</a>, and share your comments. The comments can be posted on the GitHub page where the outlines are hosted, on this page, or over email: sumandro[at]cis-india[dot]org.</p>
<p>The outlines can also be directly downloaded as markdown files: the <a href="https://raw.githubusercontent.com/ajantriks/writings/master/sumandro_asia_internet_history_civil_society_overview_outline.md" target="_blank">overview</a> and the <a href="https://raw.githubusercontent.com/ajantriks/writings/master/sumandro_asia_internet_history_civil_society_india_outline.md" target="_blank">India</a> section.</p>
<p> </p>
<h2>Asian Civil Society Organisations and Internet Governance</h2>
<p> </p>
<p>Here is a tentative list of key civil society organisations from Asia that have participated and intervened in Internet governance processes during 2001-2010. Please suggest organisations missing from the list.</p>
<p> </p>
<strong>Bangladesh</strong>
<p> </p>
<ul><li><a href="http://bfes.net/" target="_blank">Bangladesh Friendship Education Society (BFES)</a></li><li><a href="http://www.bnnrc.net/" target="_blank">Bangladesh NGOs Network for Radio and Communication (BNNRC)</a></li><li>
<a href="http://www.bytesforall.net/" target="_blank">Bytes for All, Bangladesh</a></li><li>
<a href="http://www.isoc.org.bd/dhaka/" target="_blank">Dnet</a></li><li>
<a href="http://www.isoc.org.bd/dhaka/" target="_blank">Internet Society Dhaka Chapter</a></li><li><a href="http://www.voicebd.org/" target="_blank">VOICE</a></li></ul>
<p> </p>
<strong>Cambodia<br /><br /></strong>
<ul><li><a href="http://www.ccimcambodia.org/" target="_blank">Cambodian Center for Independent Media (CCIM)</a></li>
<li><a href="http://www.open.org.kh/en" target="_blank">Open Institute</a></li></ul>
<p> </p>
<strong>China</strong>
<p> </p>
<ul><li><a href="http://english.cast.org.cn/" target="_blank">China Association for Science and Technology (CAST)</a></li>
<li><a href="http://www.isoc.hk/" target="_blank">Internet Society Hong Kong</a></li>
<li><a href="http://www.isc.org.cn/english/" target="_blank">Internet Society of China</a></li>
<li><a href="http://www.isoc.org.tw/" target="_blank">Internet Society Taiwan Chapter</a></li>
<li><a href="http://www.isoc.org.tw/" target="_blank"></a><br /></li>
<li><a href="http://knowledgedialogues.com/" target="_blank">Knowledge Dialogues, Hong Kong</a></li></ul>
<p> </p>
<p><strong>Indonesia</strong></p>
<p> </p>
<ul><li><a href="http://www.engagemedia.org/" target="_blank">EngageMedia, Australia and Indonesia</a> <br /></li>
<li><a href="http://www.ilab.or.id/" target="_blank">ICT Laboratory for Social Change (iLab)</a></li>
<li><a href="http://id-config.org/" target="_blank">Indonesian CSOs Network for Internet Governance</a></li>
<li><a href="http://ictwatch.id/" target="_blank">Indonesian ICT Partnership Association (ICT Watch)</a> <br /></li>
<li><a href="http://www.isoc.or.id/" target="_blank">Internet Society Indonesia Chapter</a> [website is under construction]</li></ul>
<p> </p>
<strong>India</strong>
<p> </p>
<ul><li><a href="http://censorship.wikia.com/wiki/Bloggers_Collective_group" target="_blank">Bloggers Collective</a></li>
<li><a href="http://cis-india.org/" target="_blank">Centre for Internet and Society (CIS)</a> <br /></li>
<li><a href="http://www.csdms.in/" target="_blank">Centre for Science, Development and Media Studies (CSDMS)</a></li>
<li><a href="http://defindia.org/" target="_blank">Digital Empowerment Foundation (DEF)</a></li>
<li><a href="http://fsf.org.in/" target="_blank">Free Software Foundation India (FSFI)</a></li>
<li><a href="http://fsmi.in/" target="_blank">Free Software Movement of India (FSMI)</a></li>
<li><a href="http://internetdemocracy.in/" target="_blank">Internet Democracy Project</a></li>
<li><a href="http://www.isocbangalore.org/" target="_blank">Internet Society Bangalore Chapter</a></li>
<li><a href="http://isocindiachennai.org/" target="_blank">Internet Society Chennai Chapter</a></li>
<li><a href="http://www.isocdelhi.in/" target="_blank">Internet Society Delhi Chapter</a> <br /></li>
<li><a href="http://www.isocindiakolkata.in/" target="_blank">Internet Society Kolkata Chapter</a></li>
<li><a href="http://www.itforchange.net/" target="_blank">IT for Change</a></li>
<li><a href="http://www.itu-apt.org/" target="_blank">ITU-APT Foundation of India (IAFI)</a> <br /></li>
<li><a href="http://www.orfonline.org/" target="_blank">Observer Research Foundation (ORF)</a></li>
<li><a href="http://www.knowledgecommons.in/" target="_blank">Society for Knowledge Commons (Knowledge Commons)</a></li>
<li><a href="http://sflc.in/" target="_blank">Software Freedom Law Centre (SFLC)</a></li></ul>
<p> </p>
<strong>Iran</strong>
<p> </p>
<ul><li><a href="http://www.ictgroup.org/" target="_blank">Iranian Civil Society Organizations Training and Research Centre (ICTRC)</a> [URL is not working]</li></ul>
<p> </p>
<strong>Japan</strong>
<p> </p>
<ul><li><a href="http://www.glocom.ac.jp/e/" target="_blank">Centre for Global Communications (GLOCOM)</a> [Academia?]</li>
<li><a href="http://www.isoc.jp/" target="_blank">Internet Society Japan Chapter</a></li>
<li><a href="http://www.jcafe.net/" target="_blank">Japan Computer Access for Empowerment (JCAFE)</a> [URL is not working]</li>
<li><a href="http://www.jca.apc.org/" target="_blank">Japan Computer Access Network (JCA-NET)</a></li></ul>
<p> </p>
<strong>Kuwait</strong>
<p> </p>
<ul><li><a href="http://www.ijma3.org/" target="_blank">iJMA3 - Kuwait Information Technology Society (KITS)</a></li></ul>
<p> </p>
<strong>Lebanon</strong>
<p> </p>
<ul><li><a href="http://www.lccelebanon.org/" target="_blank">Lebanese Center for Civic Education (LCCE)</a></li></ul>
<p> </p>
<strong>Malaysia</strong>
<p> </p>
<ul><li><a href="http://www.isoc.my/" target="_blank">Internet Society Malaysia Chapter</a></li></ul>
<p> </p>
<strong>Myanmar</strong>
<p> </p>
<ul><li><a href="http://myanmarido.org/en" target="_blank">Myanmar ICT for Development Organization (MIDO)</a></li></ul>
<p> </p>
<strong>Nepal</strong>
<p> </p>
<ul><li><a href="http://www.internetsociety.org.np/" target="_blank">Internet Society Nepal Chapter</a></li></ul>
<p> </p>
<strong>Pakistan</strong>
<p> </p>
<ul><li><a href="https://content.bytesforall.pk/" target="_blank">Bytes for All, Pakistan</a></li>
<li><a href="http://isocibd.org.pk/" target="_blank">Internet Society Islamabad Chapter</a></li></ul>
<p> </p>
<strong>Philippines</strong>
<p> </p>
<ul><li><a href="http://democracy.net.ph/" target="_blank">Democracy.Net.PH</a> <br /></li>
<li><a href="http://www.fma.ph/" target="_blank">Foundation for Media Alternatives (FMA)</a> [URL not working</li>
<li><a href="https://www.facebook.com/isoc.ph" target="_blank">Internet Society Philippines Chapter</a></li></ul>
<p> </p>
<strong>Regional</strong>
<p> </p>
<ul><li><a href="http://www.forum-asia.org/" target="_blank">Asian Forum for Human Rights and Development (FORUM-ASIA)</a></li>
<li><a href="http://discfoundation.com/" target="_blank">Developing Internet Safe Community (DISC) Foundation</a></li>
<li><a href="http://lirneasia.net/" target="_blank">LIRNEasia</a></li></ul>
<p> </p>
<strong>Singapore</strong>
<p> </p>
<ul><li><a href="http://isoc.sg/" target="_blank">Internet Society Singapore Chapter</a></li></ul>
<p> </p>
<strong>South Korea</strong>
<p> </p>
<ul><li><a href="http://www.jinbo.net/" target="_blank">Korean Progressive Network Jinbonet</a></li>
<li><a href="http://opennet.or.kr/" target="_blank">OpenNet</a></li></ul>
<p> </p>
<strong>Sri Lanka</strong>
<p> </p>
<ul><li><a href="http://isoc.lk/?lang=en" target="_blank">Internet Society Sri Lanka Chapter</a></li></ul>
<p> </p>
<strong>Thailand</strong>
<p> </p>
<ul><li><a href="http://www.isoc-th.org/" target="_blank">Internet Society Thailand Chapter</a> <br /></li><li><a href="https://thainetizen.org/" target="_blank">Thai Netizen Network</a></li></ul>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-asia-and-india-outlines'>https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-asia-and-india-outlines</a>
</p>
No publishersumandroInternet StudiesResearchFeaturedInternet HistoriesResearchers at Work2015-11-13T05:40:49ZBlog EntryNational IPR Policy Series: RTI Requests by CIS to DIPP + DIPP Responses
https://cis-india.org/a2k/blogs/national-ipr-policy-series-rti-requests-by-cis-to-dipp-dipp-responses
<b>In earlier blog posts, we have discussed the development of India’s National IPR Policy (“the Policy”); comments by the Centre for Internet and Society (“CIS”) to the IPR Think Tank before the release of the first draft of the Policy and CIS’ comments to the IPR Think Tank in response to the first draft of the Policy. Continuing our National IPR Policy Series, this article documents our requests to the Department of Industrial Policy and Promotion (“DIPP” / “the Department”) under the Right to Information (“RTI”) Act, 2005 and the responses of the Department.</b>
<p><a href="https://cis-india.org/a2k/blogs/national-ipr-policy-series-dipp-response.pdf" class="external-link">View the PDF here</a>.</p>
<hr />
<h3>Details of RTI Requests Filed by CIS</h3>
<p style="text-align: justify; ">In February, 2015, <a href="http://cis-india.org/a2k/blogs/rti-requests-dipp-details-on-constitution-and-working-of-ipr-think-tank">CIS had filed three RTI requests</a> with the DIPP. <a href="https://cis-india.org/a2k/blogs/cis-rti-request-to-dipp-number-1-february-2015/view">The first request</a> was four-pronged, seeking information related to <i>first,</i> the process followed by the Department in the creation of the IPR Think Tank; <i>second, </i>details and documents of a meeting held to constitute the Think Tank; <i>third, </i>details and documents of all/multiple meetings held to constitute the Think Tank; <i>fourth</i>, details of a directive/directives received from any other Government Ministry/authority directing the constitution of the Think Tank and <i>fifth,</i> the process of shortlisting the members of the Think Tank by the DIPP.</p>
<p style="text-align: justify; "><a href="https://cis-india.org/a2k/blogs/cis-rti-request-to-dipp-number-2-february-2015/view">In our second RTI request,</a> <i>first,</i> we requested details of the process followed by the Think Tank in the formulation of the Policy; <i>second, </i>we requested all documents relating to a meeting held for the formulation of the Policy; <i>third, </i>we requested all documents held for multiple meetings for the creation of the Policy and <i>fourth,</i> we requisitioned all suggestions and comments received by the Think Tank from stakeholders <b>before</b> the release of the Policy, that is, those suggestions/comments received in November, 2014.</p>
<p style="text-align: justify; ">In our <a href="https://cis-india.org/a2k/blogs/cis-request-to-dipp-3.pdf" class="external-link">third RTI request</a>, also filed on also filed in February, 2015, we had asked the DIPP to indicate all suggestions and comments received by the IPR Think Tank from different stakeholders in response to the first draft of the National IPR Policy (to have been submitted on or before January 30, 2015 <a href="http://dipp.nic.in/English/acts_rules/Press_Release/pressRelease_IPR_Policy_30December2014.pdf">as per DIPP’s Public Notice</a>).</p>
<h3 style="text-align: justify; ">Responses by DIPP to CIS' RTI Requests</h3>
<p style="text-align: justify; ">The DIPP replied to our three RTI requests in multiple stages. At first, <a href="https://cis-india.org/a2k/blogs/dipp-response-improper-payment.pdf" class="external-link">in a letter dated 12 February, 2015</a>, we were directed to resubmit our application , seemingly because we hadn’t addressed the Postal Money Order to the correct authority, and were directed to do the same. Funnily enough, we received three other responses – one for each of our RTI requests (the first of these is not dated; the second one is dated 19 February, 2015 and then revised to 26 February, 2015; and the third is also dated 26 February, 2015).</p>
<h3 style="text-align: justify; ">The First Response: On the Constitution of the Think Tank</h3>
<p style="text-align: justify; ">In the <a href="https://cis-india.org/a2k/blogs/dipp-response-1.pdf" class="external-link">first of their responses</a> to these requests, the Department has grouped our queries into five questions and provided a point-wise response to these questions, as under:</p>
<ul>
<li style="text-align: justify; "><b>Please indicate in detail the process followed by the Department of Industrial Policy and Promotion for the constitution for an IPR Think Tank to draft the National Intellectual Property Rights Policy under Public Notice No. 10 (22)/2013 –IPR-III dated November 13, 2014 (sic).</b></li>
</ul>
<p style="text-align: justify; ">In its response the Department notes that it convened an <i>interactive meeting on IPR issues</i> which was chaired by the Minister for Commerce and Industry (Independent Charge), i.e., Ms. Nirmala Sitharaman. As per the Department’s response, this meeting was held on 22 September, 2014 (<b>“the Meeting”</b>) and was aimed at discussing <i>issues related to IPRs, including finalization of the Terms of Reference for IPR Think-Tank proposed to be established </i>(sic.) The Department also notes that <i>representatives from various Ministries/Departments, Member of various Expert Committees constituted by the Department, besides IP experts and other Legal Practitioners</i> (sic) were invited to the meeting. The Department then states that the composition of the Think Tank was decided <i>on the basis of the discussions held in the department after the said interactive Meeting</i> (sic).</p>
<ul>
<li style="text-align: justify; "><b>If there was a meeting held to decide on the same, please include all necessary documents including the minutes of the meeting, records, documents, memos, e-mails, opinion, advices, press releases, circulars, orders etc in which the constitution of the aforesaid mentioned IPR Think Tank was decided (sic).</b></li>
</ul>
<p style="text-align: justify; ">The Department has attached the Minutes of the Meeting held on 22 September, 2014 (<b>“the Minutes”</b>) and states that there were no documents or papers that were circulated at this meeting and that the participants were asked to present their views on various IP issues at this meeting.</p>
<p style="text-align: justify; "><span>Excerpts from the Minutes</span></p>
<p style="text-align: justify; ">The Secretary of the Department (Shri Amitabh Kant) refers to a (then) recent announcement made by the Minister of State for Commerce and Industry (<b>“the Minister”</b>) on the formulation of the National IPR Policy and the establishment of an IPR Think Tank and states that the meeting had been convened to <i>discuss on various IPR issues with IP experts and legal practitioners so that it would provide essential inputs to the policy needs of the department</i> (sic). The Minutes report that Mr. Kant further stated that the objective of the department was to have <i>a world class IP system</i> and that this included a comprehensive National IPR Policy and <i>which takes care of various issues like IP creation, protection, administration and capacity building </i>(sic). He is also reported to have said that such a stakeholder interaction was important for the government to seek inputs.</p>
<p style="text-align: justify; ">The Minister is reported to have said that the purpose of the meeting was to constitute an IP Think Tank that would <i>regularly provide inputs to all IP policy needs of this department as well as advice government in disparate legal aspects (sic). </i>The Minutes also report her to have said that the department would finalize an IP policy within ninety days of the Meeting, based on the inputs of the participants.</p>
<p style="text-align: justify; ">According to the Minutes, various issues emerged from the discussion. <i>Inter alia, </i>these include <i>first,</i> that the proposal to constitute the Think Tank was a welcome measure, along the lines of similar initiatives taken by Australia, South Kora, the United Kingdom and the United States of America; <i>second, </i>that in order to remove misconceptions held by <i>foreign stakeholders</i> about IP enforcement in India, there was a need to highlight judgments of Indian courts that were favorable to <i>foreign stakeholders and MNCs</i>; <i>third, </i>that the national policies on telecom, manufacturing and IP ought to be integrated; <i>fourth</i>, that the focus of the Policy should be <b><i>increase in creation of IP including commercialization of IP and strengthening human capital and IP management</i></b> and <i>fifth</i>, that empirical studies should be conducted to examine the feasibility of Utility Models protection, that there was a need to revise the law on Geographical Indications and that the Policy should include protection for traditional knowledge and guidelines for publicly funded research.</p>
<p style="text-align: justify; ">The Minister is then said to have identified six major areas during the discussion, including <i>IP institution, legislation, implementation, public awareness, international aspects and barriers in IP growth</i> as areas to be covered under the Policy.</p>
<p style="text-align: justify; "><span>Who attended the Meeting?</span></p>
<p style="text-align: justify; ">Attached with the Minutes was also a list of participants who attended the Meeting. Out of the thirty six attendees, <i>I have not been able to locate a single individual or organization representing civil society</i>. Participants include representatives from various government departments and ministries, including <i>inter alia,</i> the DIPP, the Department of Commerce, the Ministry of External Affairs, the Ministry of Information and Broadcasting, the Copyright Division from the Department of Higher Education of the Ministry of Human Resources Development, the Office of the Controller General of Patents, Designs and Trademarks and the Ministry of Culture. The Meeting was also attended by representatives of corporations and industry associations, including FICCI, CII and Cadila Pharmaceuticals; in addition to representatives from law firms including Luthra and Luthra, K&S Partners and Inventure IP and academics including, <i>inter alia,</i> faculty from the Asian School of Business, Trivandrum, Indian Law Institute, Delhi, Tezpur University, Assam, National Law University, Delhi, NALSAR University of Law, Hyderabad, the Indian Institute of Technology, Madras and the National Law School of India University, Bangalore.</p>
<ul>
<li style="text-align: justify; "><b>If there were multiple meetings held for the same please provide all necessary documents including the minutes of all such meetings, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders etc. for all such meetings held (sic).</b></li>
</ul>
<p style="text-align: justify; ">The Department answered, “No”; which I’m taking to mean that there weren’t other meetings held for the formulation of the Think Tank or the Policy. This is interesting, because the Minutes (referred to earlier) speak of another inter-ministerial meeting <i>including IP experts and legal practitioners</i> slated to be held around the 10<sup>th</sup> of October, 2014, to discuss the framework of the Policy.</p>
<ul style="text-align: justify; ">
<li><b>If a directive or directives were received by the Department of Industrial Policy and Promotion from any other government body to constitute such a think tank, please provide a copy of such a directive received by the DIPP from any Government authority, to constitute such a Think Tank (sic).</b></li>
</ul>
<p style="text-align: justify; ">The Department answered, “No”; which I’m taking to mean that there was no communication received by the Department to constitute this Think Tank.</p>
<ul style="text-align: justify; ">
<li><b>Please indicate in detail the process of shortlisting the members of the IPR Think Tank by the Department of Industrial Policy and Promotion or any other body that was responsible for the same (sic).</b></li>
</ul>
<p style="text-align: justify; ">The Department replied that the answer to this was the same as that to the first question.</p>
<h3 style="text-align: justify; ">The Second Response: The Drafting of the Policy</h3>
<p>The <a href="https://cis-india.org/a2k/blogs/dipp-response-2.pdf/" class="external-link">second of the Department's responses</a> to our requests came in the form of separate responses to each of our four questions, as under:</p>
<ul>
<li><b>Please indicate in detail the process followed by the IPR Think Tank constituted by the Department of Industrial Policy and Promotion via Public Notice No. 10 (22)/2013-IPR-III dated November 13, 2014 while framing the first draft of the National IPR Policy dated Dec. 19, 2014 (sic).</b></li>
</ul>
<p style="text-align: justify; ">The Department stated that the IPR Think Tank conducted its meetings independently without any interference from the Department. The Department then stated that the Think Tank had received comments from stakeholders via a dedicated email id and <i>conducted the interactive meeting with stakeholders while framing the draft on the National IPR Policy.</i></p>
<ul>
<li style="text-align: justify; "><b>If there was a meeting held to decide on the same, please include all necessary documents including the minutes of the meeting, records, documents, memos, e-mails, opinion, advices, press releases, circulars, orders, suggestions etc. related to drafting of such National IPR Policy Think Tank chaired by Justice Prabha Sridevan (sic). </b></li>
</ul>
<p style="text-align: justify; ">The Department replied that since the IPR Think Tank had decided <i>its process by themselves</i> (sic), the Department<i> do not have the minutes of the meeting etc. conducted by the IPR Think Tank </i>(sic). It attached with its reply a copy of the press releases announcing the composition of the Think Tank and asking stakeholders to submit comments to the first draft of the Policy.</p>
<ul>
<li style="text-align: justify; "><b>If there were multiple meetings held for the same, please provide all necessary documents including the minutes of all such meetings, records, documents, memos, e-mails, opinions, advices, press releases, circulars, order suggestions etc. for all such meetings held (sic).</b></li>
</ul>
<p>The Department replied that the response to this was the same as that to the earlier question above.</p>
<ul>
<li style="text-align: justify; "><b>Please provide all the suggestions and comments received by the IPR Think Tank from stakeholders after the DIPP issued Public Notice No. 10/22/2013-IPR-III dated 13.11.2014 asking for suggestions and comments on or before November 30, 2014 (sic).</b></li>
</ul>
<p>The Department replied that the comments and suggestions were received by the Think Tank directly and that therefore, the Department was <i>not in a position to provide the same.</i></p>
<h3>The<i> </i>Third Response: Stakeholder Comments</h3>
<p>In its <a href="https://cis-india.org/a2k/blogs/dipp-response-3.pdf" class="external-link">third and final response</a> to our requests, the DIPP replied to our query as under:</p>
<ul>
<li style="text-align: justify; "><b>Please indicate all the suggestions and comments received by the IPR Think Tank by different stakeholders on or before January 30, 2015 on its first draft of the National Intellectual Property Policy submitted by the IPR Think Tank on December 19, 2014.</b></li>
</ul>
<p>The Department said that <i>the suggestions and comments on the draft on National IPR Policy have been received by the IPR Think Tank directly. As such this Department is not in a position to provide the same (sic.).</i></p>
<h3>Observation on the DIPP's Responses</h3>
<p><i>Prima facie, </i>the responses by the Department are rather curious, leading to a range of oddities and unanswered questions.</p>
<h3>Who Will Watch the IPR Think Tank</h3>
<p style="text-align: justify; ">In its response to our first RTI request, the Department quite clearly stated that it decided the composition of the IPR Think Tank based on discussions in a meeting that it convened, which was also chaired by the Minister of State for Commerce and Industry, the parent ministry of the DIPP. In the same response, the Department also stated that it had not received any directive from any other ministry/government department directing the constitution of the IPR Think Tank, leading to the conclusion that this decision was taken by the DIPP/the Ministry of Commerce and Industry itself. Subsequently however, the Department justified its refusal to furnish us with documents leading to the development of the first draft of the National IPR Policy (contained in our second RTI request) by stating that the IPR Think Tank conducted its business without any interference from the Department, and that the Department did not have access to any of the submissions made to the IPR Think Tank or any of the internal minutes of the meetings etc. that were a part of the process of drafting the IPR Policy.</p>
<p style="text-align: justify; ">Various press releases by the DIPP have stated that it has constituted the IPR Think Tank, and that the purpose of the IPR Think Tank <a href="http://dipp.nic.in/English/acts_rules/Press_Release/ipr_PressRelease_24October2014.pdf">would be to advise the Department on IPR issues.</a> Visibly, the Department intends for the IPR Think Tank to play an active role in shaping India’s IP law and policy, including suggesting amendments to laws wherever necessary. It is concerning therefore that on the question of accountability of the IPR Think Tank, the DIPP remains silent. It may be argued perhaps, that the IPR Think Tank constitutes a ‘public authority’ under Section 2(h)(d) of the <a href="http://righttoinformation.gov.in/rti-act.pdf">Right to Information Act, 2005</a> (<b>“RTI Act”</b>). In that case, the IPR Think Tank would have to fulfill, <i>inter alia,</i> all of the obligations under Section 4 of the RTI Act as well as designate a Public Information Officer. Alternatively, given that the IPR Think Tank has been constituted by the DIPP and performs functions for the DIPP, the Public Information Officer of the DIPP would have to furnish <span>all</span> relevant information under the RTI Act (including the information that we sought in our requests, which was not provided to us).</p>
<h3 style="text-align: justify; ">Who are the Stakeholders</h3>
<p style="text-align: justify; ">Even a preliminary look at the list of participants at the Meeting (based on which the Department constituted the IPR Think Tank) reveals that not all stakeholders have been adequately represented. I haven’t been able to spot any representation from civil society and other organizations that might be interested in a more balanced intellectual property framework that is not rights-heavy. The following chart (based on a total sample size of 36 participants, as stated in the list of participants provided to us by the DIPP) will help put things in perspective.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/Meeting.png" alt="Meeting" class="image-inline" title="Meeting" /></th>
</tr>
</tbody>
</table>
<h3 style="text-align: justify; ">What Could've Been Done?</h3>
<p style="text-align: justify; ">Setting aside arguments on its necessity, let us for the moment assume that this drafting of the National IPR Policy is an exercise that needed to have been undertaken. We must now examine what might possibly be the best way to go about this.</p>
<p style="text-align: justify; ">In 2014, the World Intellectual Property Organization (<b>“WIPO”</b>) (based on whose approach the Policy seems to have been based- at least in part), produced a detailed <a href="http://www.wipo.int/edocs/pubdocs/en/intproperty/958/wipo_pub_958_1.pdf">Methodology for the Development of National Intellectual Property Strategies</a>, outlining a detailed eight step process before a National IP Policy was implemented in a Member State. While this approach is one to be followed by the WIPO and might not be entirely suited to India’s drafting exercise, specific sections on the national consultation process as well as the drafting and implementation of national intellectual property strategies might prove to be a decent starting point.</p>
<p>(More on this in an upcoming article).d</p>
<h3>Where Do We Go From Here?</h3>
<p style="text-align: justify; ">The DIPP’s responses have left me with more questions, probably the subject of more RTI requests. Is the IPR Think Tank a public authority for the purposes of the Right to Information Act, 2005? To whom should questions of informational accountability of the IPR Think Tank be addressed, if there is no information available on the IPR Think Tank, and the DIPP claims to have no access to it? Do we need to re-examine the draft National IPR Policy given that there has been inadequate representation of all stakeholders? What were the suggestions made by different stakeholders, and (how) have these been reflected in the first draft of the Policy? Was there an evaluation exercise conducted before the first draft of the Policy was released in order to better inform the formulation of the Policy?</p>
<p style="text-align: justify; ">We will be looking at these and other questions as they arise, and sending some of these to the DIPP in the form of RTI requests. (Watch the blog for more).</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/national-ipr-policy-series-rti-requests-by-cis-to-dipp-dipp-responses'>https://cis-india.org/a2k/blogs/national-ipr-policy-series-rti-requests-by-cis-to-dipp-dipp-responses</a>
</p>
No publishernehaaAccess to KnowledgePervasive TechnologiesDIPPRTINational IPR PolicyAccountabilityFeaturedIPR Think TankHomepage2015-04-26T08:47:00ZBlog EntryOpen Call for Comments: The Privacy Protection Bill 2013 drafted by the Centre for Internet and Society
https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-open-call-for-comments
<b>The Centre for Internet and Society is announcing an Open Call for Comments to the CIS Privacy Protection Bill 2013. </b>
<p style="text-align: justify; ">In early 2013 the Centre for Internet and Society drafted the Privacy (Protection) Bill 2013 as a citizen’s version of privacy legislation for India. The Privacy (Protection) Bill, 2013 seeks to protect privacy by regulating (i) the manner in which personal data is collected, processed, stored, transferred and destroyed — both by private persons for commercial gain and by the state for the purpose of governance; (ii) the conditions upon which, and procedure for, interceptions of communications — both voice and data communications, including both data-in-motion and data-at-rest — may be conducted and the authorities permitted to exercise those powers; and, (iii) the manner in which forms of surveillance not amounting to interceptions of communications — including the collection of intelligence from humans, signals, geospatial sources, measurements and signatures, and financial sources — may be conducted.</p>
<p style="text-align: justify; ">The Centre for Internet and Society has been collecting comments to the Privacy Protection Bill since April 2013 with the intention of submitting the Bill to the Department of Personnel and Training as a citizen’s version of a privacy legislation for India. If you would like to submit comments on the Privacy Protection Bill to be included as part of the Centre for Internet and Society’s submission to the Department of Personnel and Training, please email comments to <a href="mailto:bhairav@cis-india.org">bhairav@cis-india.org</a>.</p>
<hr />
<p style="text-align: justify; "><b><a href="https://cis-india.org/internet-governance/blog/privacy-protection-bill-february-2014.pdf" class="internal-link">Download the latest version of the Privacy Protection Bill</a></b> (February 2014)</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-open-call-for-comments'>https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-open-call-for-comments</a>
</p>
No publisherbhairavFeaturedInternet GovernancePrivacy2014-02-25T05:38:27ZBlog EntrySubmitted Comments on the 'Government Open Data Use License - India'
https://cis-india.org/openness/submitted-comments-on-the-government-open-data-use-license-india
<b>The public consultation process of the draft open data license to be used by Government of India has ended yesterday. Here we share the text of the submission by CIS. It was drafted by Anubha Sinha, Pranesh Prakash, and Sumandro Chattapadhyay.</b>
<p> </p>
<p><em>The following comments on the 'Government Open Data Use License - India' was drafted by Anubha Sinha, Pranesh Prakash, and Sumandro Chattapadhyay, and submitted through the <a href="https://www.mygov.in/group-issue/public-consultation-government-open-data-use-license-india/">MyGov portal</a> on July 25, 2016. The original submission can be found <a href="https://www.mygov.in/sites/default/files/mygov_146946521043358971.pdfh">here</a>.</em></p>
<hr />
<h2>I. Preliminary</h2>
<ol>
<li>This submission presents comments by the Centre for Internet and Society (“<strong>CIS</strong>”) <strong>[1]</strong> on the draft Government Open Data Use License - India (“<strong>the draft licence</strong>”) <strong>[2]</strong> by the Department of Legal Affairs.<br /><br /></li>
<li>This submission is based on the draft licence released on the MyGov portal on June 27, 2016 <strong>[3]</strong>.<br /><br /></li>
<li>CIS commends the Department of Ministry of Law and Justice, Government of India for its efforts at seeking inputs from various stakeholders prior to finalising its open data licence. CIS is thankful for the opportunity to have been a part of the discussion during the framing of the licence; and to provide this submission, in furtherance of the feedback process continuing from the draft licence.</li></ol>
<h2>II. Overview</h2>
<ol start="4">
<li>The Centre for Internet and Society is a non-governmental organisation engaged in research and policy work in the areas of, inter alia, access to knowledge and openness. This clause-by-clause submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. Accordingly, the comments in this submission aim to further these principles and are limited to those clauses that most directly have an impact on them.</li></ol>
<h2>III. Comments and Recommendations</h2>
<ol start="5">
<li><strong>Name of the Licence:</strong> CIS recommends naming the licence “Open Data Licence - India” to reflect the nomenclature already established for similar licences in other nations like the UK and Canada. More importantly, the inclusion of the word ‘use’ in the original name “Government Open Data Use License” is misleading, since the licence permits use, sharing, modification and redistribution of open data.<br /><br /></li>
<li><strong>Change Language on Permissible Use of Data:</strong> The draft licence uses the terms “Access, use, adapt, and redistribute,” which are used in UNESCO’s definition of open educational resources, whereas, under the Indian Copyright Act <strong>[4]</strong>, it should cover “reproduction, issuing of copies,” etc. To resolve this difference, we suggest the following language be used: “Subject to the provisions of section 7, all users are provided a worldwide, royalty-free, non-exclusive licence to all rights covered by copyright and allied rights, for the duration of existence of such copyright and allied rights over the data or information.”<br /><br /></li>
<li><strong>Add Section on the Scope of Applicability of the Licence:</strong> It will be useful to inform the user of the licence on its applicability. The section may be drafted as: “This licence is meant for public use, and especially by all Ministries, Departments, Organizations, Agencies, and autonomous bodies of Government of India, when publicly disclosing, either proactively or reactively, data and information created, generated, collected, and managed using public funds provided by Government of India directly or through authorized agencies.”<br /><br /></li>
<li><strong>Add Sub-Clause Specifying that the Licence is Agnostic of Mode of Access:</strong> As part of the section 4 of the draft licence, titled ‘Terms and Conditions of Use of Data,’ a sub-clause should be added that specifies that users may enjoy all the freedom granted under this licence irrespective of their preferred mode of access of the data concerned, say manually downloaded from the website, automatically accessed via an API, collected from a third party involved in re-sharing of this data, accessed in physical/printed form, etc.<br /><br /></li>
<li><strong>Add Sub-Clause on Non-Repudiability and Integrity of the Published Data:</strong> To complement the sub-clause 6.e. that notes that data published under this licence should be published permanently and with appropriate versioning (in case of the published data being updated and/or modified), another sub-clause should be added that states that non-repudiability and integrity of published data must be ensured through application of real/digital signature, as applicable, and checksum, as applicable. This is to ensure that an user who has obtained the data, either in physical or digital form, can effectively identify and verify the the agency that has published the data, and if any parts of the data have been lost/modified in the process of distribution and/or transmission (through technological corruption of data, or otherwise).<br /><br /></li>
<li><strong>Combine Section 6 on Exemptions and Section 7 on Termination:</strong> Given that the licence cannot reasonably proscribe access to data that has already been published online, it is suggested that it would be better to simply terminate the application of the licence to that data or information that ought not to have been published for grounds provided under section 8 of the RTI Act, or have been inadvertently published. It should also be noted that section 8 of the RTI Act cannot be “violated” (as stated in Section 6.g. of the draft licence), since it only provides permission for the public authority to withhold information, and does not impose an obligation on them (or anyone else) to do so. The combined clause can read: “Upon determination by the data provider that specific data or information should not have been publicly disclosed for the grounds provided under Section 8 of the Right to Information Act, 2005, the data provider may terminate the applicability of the licence for that data or information, and this termination will have the effect of revocation of all rights provided under Section 3 of this licence.”<br /><br /></li>
<li>It will be our pleasure to discuss these submissions with the Department of Legal Affairs in greater detail, supplement these with further submissions if necessary, and offer any other assistance towards the efforts at developing a national open data licence.</li></ol>
<hr />
<p><strong>[1]</strong> See: <a href="http://cis-india.org/">http://cis-india.org/</a>.</p>
<p><strong>[2]</strong> See: <a href="https://www.mygov.in/sites/default/files/mygov_1466767582190667.pdf">https://www.mygov.in/sites/default/files/mygov_1466767582190667.pdf</a>.</p>
<p><strong>[3]</strong> See: <a href="https://www.mygov.in/group-issue/public-consultation-government-open-data-use-license-india/">https://www.mygov.in/group-issue/public-consultation-government-open-data-use-license-india/</a>.</p>
<p><strong>[4]</strong> See: <a href="http://www.copyright.gov.in/Documents/CopyrightRules1957.pdf">http://www.copyright.gov.in/Documents/CopyrightRules1957.pdf</a>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/submitted-comments-on-the-government-open-data-use-license-india'>https://cis-india.org/openness/submitted-comments-on-the-government-open-data-use-license-india</a>
</p>
No publishersinhaOpen Government DataOpen LicenseOpen DataNDSAPFeaturedOpennessHomepage2016-07-26T09:23:48ZBlog EntryAnalysis of the Report of the Group of Experts on Developments in the Field of Information and Telecommunications in the Context of International Security and Implications for India
https://cis-india.org/internet-governance/blog/analysis-report-experts-information-telecommunications-security-implications-india
<b>This paper analyses the report of the Group of Experts and and India’s compliance with its recommendations based on existing laws and policies. Given the global nature of these challenges and the need for nations to holistically address such challenges from a human rights and security perspective, CIS believes that the Group of Experts and similar international forums are useful and important forums for India to actively engage with.</b>
<p> </p>
<p>The United Nations Group of Experts on ICT issued their report on Developments in the Field of Information and Telecommunications in the Context of International Security in June, 2015. This paper analyses the report of the Group of Experts and and India’s compliance with its recommendations based on existing laws and policies. CIS believes that the report of the Group of Experts provides important minimum standards that countries could adhere to in light of challenges to international security posed by ICT developments. Given the global nature of these challenges and the need for nations to holistically address such challenges from a human rights and security perspective, CIS believes that the Group of Experts and similar international forums are useful and important forums for India to actively engage with.</p>
<p><strong>Download: <a href="https://cis-india.org/internet-governance/files/ict-paper.pdf" class="internal-link">PDF</a> (627 kb)</strong></p>
<hr />
<p>1. <a href="#1">Introduction</a></p>
<p>2. <a href="#2">Analysis of the Recommendations</a></p>
<p>2a. <a href="#2a">Consistent with the purposes of the United Nations, including to maintain international
peace and security, States should cooperate in developing and applying measures to increase stability and security in the use of ICTs and to prevent ICT practices that are acknowledged to be harmful or that may pose threats to international peace and security</a></p>
<p>2b. <a href="#2b">In case of ICT incidents, States should consider all relevant information, including the
larger context of the event, the challenges of attribution in the ICT environment and the nature and extent of the consequences</a></p>
<p>2c. <a href="#2c">States should not knowingly allow their territory to be used for internationally wrongful acts using ICTs; of the Recommendations</a></p>
<p>2d. <a href="#2d">States should consider how best to cooperate to exchange information, assist each other, prosecute terrorist and criminal use of ICTs and implement other cooperative measures to address such threats. States may need to consider whether new measures need to be developed in this respect</a></p>
<p>2e. <a href="#2e">States, in ensuring the secure use of ICTs, should respect Human Rights Council resolutions 20/8 and 26/13 on the promotion, protection and enjoyment of human rights on the Internet, as well as General Assembly resolutions 68/167 and 69/166 on the right to privacy in the digital age, to guarantee full respect for human rights, including the right to freedom of expression</a></p>
<p>2f. <a href="#2f">A State should not conduct or knowingly support ICT activity contrary to its obligations under international law that intentionally damages critical infrastructure or otherwise impairs the use and operation of critical infrastructure to provide services to the public</a></p>
<p>2g. <a href="#2g">States should take appropriate measures to protect their critical infrastructure from ICT threats, taking into account General Assembly resolution 58/199 on the creation of a global culture of cybersecurity and the protection of critical information infrastructures, and other relevant resolutions</a></p>
<p>2h. <a href="#2h">States should respond to appropriate requests for assistance by another State whose critical infrastructure is subject to malicious ICT acts. States should also respond to appropriate requests to mitigate malicious ICT activity aimed at the critical infrastructure of another State emanating from their territory, taking into account due regard for sovereignty</a></p>
<p>2i. <a href="#2i">States should take reasonable steps to ensure the integrity of the supply chain so that end users can have confidence in the security of ICT products. States should seek to prevent the proliferation of malicious ICT tools and techniques and the use of harmful hidden functions</a></p>
<p>2j. <a href="#2j">States should encourage responsible reporting of ICT vulnerabilities and share associated information on available remedies to such vulnerabilities to limit and possibly eliminate potential threats to ICTs and ICT-dependent infrastructure</a></p>
<p>2k. <a href="#2k">States should not conduct or knowingly support activity to harm the information systems of the authorized emergency response teams (sometimes known as computer emergency response teams or cyber security incident response teams) of another State. A State should not use authorized emergency response teams to engage in malicious international activity</a></p>
<p>3. <a href="#3">Conclusion</a></p>
<hr />
<h3 id="1">1. Introduction</h3>
<p style="text-align: justify;">Cyberspace<a name="_ftnref1" href="#_ftn1">[1]</a> touches every aspect of our lives, has enormous benefits, but is also accompanied by a number of risks. The international community at large has realized that cyberspace can be made stable and secure only through international cooperation. Traditionally, though there are a number of bilateral agreements and forms of cooperation the foundation of this cooperation has been the international law and the principles of the Charter of the United Nations.</p>
<p style="text-align: justify;">To this end, on December 27, 2013 the United Nations General Assembly adopted Resolution No. 68/243 requesting the" <em> Secretary General, with the assistance of a group of governmental experts,…… to continue to study, with a view to promoting common understandings, existing and potential threats in the sphere of information security and possible cooperative measures to address them, including norms, rules or principles of responsible behaviour of States and confidence-building measures, the issues of the use of information and communications technologies in conflicts and how international law applies to the use of information and communications technologies by States……. and to submit to the General Assembly at its seventieth session a report on the results of the study.</em> "In pursuance of this resolution the Secretary General established a Group of Experts on Developments in the Field of Information and Telecommunications in the Context of International Security; the report was agreed upon by the Group of Experts in June, 2015. On 23 December 2015, the UN General Assembly unanimously adopted resolution 70/237<a name="_ftnref2" href="#_ftn2">[2]</a> which welcomed the outcome of the Group of Experts and requested the Secretary-General to establish a new GGE that would report to the General Assembly in 2017.</p>
<p style="text-align: justify;">The report developed by governmental experts from 20 States addresses existing and emerging threats from uses of ICTs, by States and non-State actors alike. These threats have the potential to jeopardize international peace and security. The experts gave recommendations which have built on consensus reports issued in 2010 and 2013, and offer ideas on norm-setting, confidence-building, capacity-building and the application of international law for the use of ICTs by States. Among other recommendations, the Report lays down recommendations for States for voluntary, non-binding norms, rules or principles of responsible behaviour to promote an open, secure, stable, accessible and peaceful ICT environment.</p>
<p style="text-align: justify;">As larger international dialogues around cross border sharing of information and cooperation for cyber security purposes take place between the US and EU, it is critical that India begin to participate in these discussions.<a name="_ftnref3" href="#_ftn3">[3]</a> It is also necessary to take cognizance of the importance of implementing internal practices and policies that are recognized and set strong standards at the international level.</p>
<p style="text-align: justify;">This paper marks the beginning of a series of questions we will be asking and processes we will be analysing with the aim of understanding the role of international cooperation for cyber security and the interplay between privacy and security. The report analyses the existing norms in India in the backdrop of the recommendations in the Report of Experts to discover how interoperable Indian law and policy is vis-à-vis the recommendations made in this report as well as making recommendations towards ways India can enhance national policies, practices, and approaches to enable greater collaboration at the international level with respect to issues concerning ICTs and security.</p>
<h3 id="2">2. Analysis of the Recommendations</h3>
<p style="text-align: justify;">The Group of Experts took into account existing and emerging threats, risks and vulnerabilities, in the field of ICT and offered the following recommendations for consideration by States for voluntary, non-binding norms, rules or principles of responsible behaviour.</p>
<h4 id="2a">2a. Consistent with the purposes of the United Nations, including to maintain international peace and security, States should cooperate in developing and applying measures to increase stability and security in the use of ICTs and to prevent ICT practices that are acknowledged to be harmful or that may pose threats to international peace and security</h4>
<p style="text-align: justify;">1. India has been working with a number of countries such as Belarus, Canada, China, Egypt, and France on a number of ICT-related isues thereby increasing international cooperation in the ICT sector, such as:</p>
<p style="text-align: justify;">(i) setting up the India-Belarus Digital Learning Centre (DLC-ICT) to promote</p>
<p style="text-align: justify;">development of ICT in Belarus;</p>
<p style="text-align: justify;">(ii) sending an official business delegation to Canada to attend the 2<sup>nd</sup>Joint Working Group meeting in ICTE;</p>
<p style="text-align: justify;">(iii) holding Joint Working Groups on ICT with China.<a name="_ftnref4" href="#_ftn4">[4]</a></p>
<p style="text-align: justify;">As can be seen from this, most of the cooperation with other countries is currently government to government (or government institution to government institution) cooperation. However, it must be noted that the entire digital revolution, including ICT necessarily involves ICT companies, and thus the role of the private sector in participating in these negotiations as well as the responsibilities of private sector ICT companies in cross border cooperation. Furthermore, the above examples are a few of the many agreements, Memoranda of Understanding (MOU), and negotiations that India has with other countries on cross border cooperation. It is important that, to the extent possible, these negotiations and transparent and easily publicly available.</p>
<p style="text-align: justify;">2. The primary legislation governing ICT in India is the Information Technology Act, 2000 ("IT Act") which was passed to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication. The IT Act contains a number of provisions that declare illegal activities that threatenICT infrastructure, data, and individuals as illegal and provide for penalties for the same. These activities are:</p>
<p style="text-align: justify;"><strong>Section 43 - </strong> <em>Penalty and Compensation for damage to computer, computer system, etc.: </em> If any person without permission: (i) accesses a computer, computer system or network; (ii) downloads, copies or extracts any data from such computer, computer system or network; (iii) introduces any computer contaminant or computer virus into, destroys, deletes or alters any information on, damages or disrupts any computer, computer system or network; (iv) denies or causes the denial of access to any computer, computer system or network by any means; (v) helps any person to access a computer, computer system or network in contravention of the Act; (vi) charges the services availed of by a person to the account of another person through manipulation; or (vii) Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage, he shall be liable to pay damages by way of compensation to the person so affected.</p>
<p style="text-align: justify;"><strong>Section 66 </strong> <em>- Computer Related Offences: </em> If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to Rs. 5,00,000/- or with both.</p>
<p style="text-align: justify;"><strong>Section 66B </strong> <em>- Punishment for dishonestly receiving stolen computer resource or communication device:</em> Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to Rs. 1,00,000/- or with both.</p>
<p style="text-align: justify;"><strong>Section 66C - </strong> <em>Punishment for identity theft:</em> Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.</p>
<p style="text-align: justify;"><strong>Section 66D - </strong> <em>Punishment for cheating by personation by using computer resource:</em> Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to Rs. 1,00,000/-.</p>
<p style="text-align: justify;"><strong>Section 66E - </strong> <em>Punishment for violation of privacy:</em> Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding Rs. 2,00,000 or with both.</p>
<p style="text-align: justify;"><strong>Section 66F - </strong> <em>Punishment for cyber terrorism:</em> (1) Whoever,- (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by -</p>
<ul style="text-align: justify;">
<li>Denying or cause the denial of access to computer resource; or</li>
<li>Attempting to penetrate a computer resource; or</li>
<li>Introducing or causing to introduce any computer contaminant and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure, or</li></ul>
<p style="text-align: justify;">(B) knowingly or intentionally penetrates a computer resource and by by doing so obtains access to information that is restricted for reasons of the security of the State or foreign relations; or any restricted information with reasons to believe that such information may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.</p>
<p style="text-align: justify;">(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.</p>
<p style="text-align: justify;"><strong> Section 67 - </strong> <em>Publishing of information which is obscene in electronic form:</em> Whoever publishes or transmits in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons, shall be punished on first conviction with a maximum imprisonment upto 2 years and a maximum fine upto Rs. 5,00,000 and for a second or subsequent conviction with a maximum imprisonment upto 5 years and also a maximum with fine upto Rs. 10,00,000.</p>
<p style="text-align: justify;"><strong> Section 67A - </strong> <em>Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form:</em> Whoever publishes or transmits in the electronic form any material which contains sexually explicit act or conduct shall be punished on 1st conviction with a maximum imprisonment for 5 years and a maximum fine of upto Rs. 10,00,000 and for a 2nd or subsequent conviction with a maximum imprisonment of 7 years and a maximum fine upto Rs. 10,00,000.</p>
<p style="text-align: justify;"><strong>Section 67B - </strong> <em>Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form: </em> Whoever,- (a) publishes or transmits material in any electronic form which depicts children engaged in sexually explicit act or conduct; or (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or (d) facilitates abusing children online; or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with a maximum imprisonment upto 5 years and a maximum fine upto Rs. 10,00,000 and in the event of a 2nd or subsequent conviction with a maximum imprisonment upto 7 years and also a maximum fine upto Rs. 10,00,000.<a name="_ftnref5" href="#_ftn5">[5]</a></p>
<p style="text-align: justify;"><strong>Section 72 - </strong> <em>Breach of confidentiality and privacy: </em> Any person who, in pursuance of any of the powers conferred under this Act, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses the same to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to Rs. 1,00,000 or with both.</p>
<p style="text-align: justify;"><strong>Section 72-A - </strong> <em>Punishment for Disclosure of information in breach of lawful contract:</em> Any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses such material to any other person shall be punished with imprisonment for a term which may extend to three years, or with a fine which may extend to Rs. 5,00,000 or with both.</p>
<p style="text-align: justify;">3. The broad language and wide terminology used IT Act seems to cover most of the cyber crimes faced in India as of now, though the technical abilities to prevent the crimes still leave a lot to be desired. The prevention of cyber crime is not the domain of the IT Act and is rather the responsibility of the law enforcement authorities (note: there is no specific authority created under the IT Act, the Act is enforced by the police and other law enforcement authorities). That said, it may be a useful exercise to briefly compare these provisions with the crimes mentioned in the Convention on Cybercrime, 2001 (Budapest Convention), an international treaty that seeks to addresses threats in cyber space by promoting the harmonization of national laws and cooperation across jurisdictions, to examine if there are any that are not covered by the IT Act. A comparison of the principles in Budapest Convention and the IT Act is below:</p>
<table style="text-align: justify;" class="grid listing">
<tbody>
<tr>
<td>
<p>S. No.</p>
</td>
<td>
<p>Article of the Budapest Convention</p>
</td>
<td>
<p>Provisions of the IT Act which cover the same</p>
</td>
</tr>
<tr>
<td>
<p>1</p>
</td>
<td>
<p>Article 2 - Illegal Access</p>
</td>
<td>
<p>Section 43(a) read with Section 66</p>
</td>
</tr>
<tr>
<td>
<p>2</p>
</td>
<td>
<p>Article 3 - Illegal Interception</p>
</td>
<td>
<p>Section 69 of the IT Act read with section 45 as well as Section 24 of the Telegraph Act, 1885</p>
</td>
</tr>
<tr>
<td>
<p>3</p>
</td>
<td>
<p>Article 4 - Data interference</p>
</td>
<td>
<p>Sections 43(d) and 43(f) read with section 66</p>
</td>
</tr>
<tr>
<td>
<p>4</p>
</td>
<td>
<p>Article 5 - System interference</p>
</td>
<td>
<p>Sections 43(d), (e) and (f) read with section 66</p>
</td>
</tr>
<tr>
<td>
<p>5</p>
</td>
<td>
<p>Article 6 - Misuse of devices</p>
</td>
<td>
<p>Not specifically covered</p>
</td>
</tr>
<tr>
<td>
<p>6</p>
</td>
<td>
<p>Article 7 - Computer related forgery</p>
</td>
<td>
<p>Computer related forgery is not specifically covered, but it is possible that when such a case comes to light, the provisions of Section 43 read with section 66 as well as provisions of the Indian Penal Code, 1860 would be pressed into service to cover such crimes</p>
</td>
</tr>
<tr>
<td>
<p>7</p>
</td>
<td>
<p>Article 8 - Computer related fraud</p>
</td>
<td>
<p>While not specifically covered by the IT Act, it is possible that when such a case comes to light, the provisions of Section 43 read with section 66 as well as provisions of the Indian Penal Code, 1860 would be pressed into service to cover such crimes</p>
</td>
</tr>
<tr>
<td>
<p>8</p>
</td>
<td>
<p>Article 9 - Offences relating to child pornography</p>
</td>
<td>
<p>Section 67B</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify;">As can be seen from the above discussion, most of the criminal acts elucidated in the Budapest Convention are covered under the IT Act except for the provision on misuse of devices, which requires the production, dealing, trading, etc. in devices whose sole objective is to violate the provisions of the IT Act, though it is possible that provisions of the Indian Penal Code, 1860 dealing with conspiracy and aiding and abetment may be pressed into service to cover such incidents.</p>
<p style="text-align: justify;">4. Further, there are a number of laws which deal with critical infrastructure in India, however since these are mostly sectoral laws dealing with specific infrastructure sectors, the one most relevant to ICT is the Telegraph Act, 1885, which makes it illegal to interfere with or damage critical telegraph infrastructure. The specific penal provisions are listed below:</p>
<p style="text-align: justify;"><strong>Section 23 - </strong> <em>Intrusion into signal-room, trespass in telegraph office or obstruction: </em> If any person - (a) without permission of competent authority, enters the signal room of a telegraph office of the Government, or of a person licensed under this Act, or (b) enters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so, or (c) refuses to quit such room or enclosure on being requested to do so by any officer or servant employed therein, or (d) wilfully obstructs or impedes any such officer or servant in the performance of his duty, he shall be punished with fine which may extend to Rs. 500.</p>
<p style="text-align: justify;"><strong>Section 24</strong> - <em>Unlawfully attempting to learn the contents of messages:</em> If any person does any of the acts mentioned in section 23 with the intention of unlawfully learning the contents of any message, or of committing any offence punishable under this Act, he may (in addition to the fine with which he is punishable under section 23) be punished with imprisonment for a term which may extend to one year.</p>
<p style="text-align: justify;"><strong>Section 25</strong> - <em>Intentionally damaging or tampering with telegraphs: </em>If any person, intending - (a) to prevent or obstruct the transmission or delivery of any message, or (b) to intercept or to acquaint himself with the contents of any message, or (c) to commit mischief, damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof, he shall be punished with imprisonment for a term which may extend to three years, or with fine or with both.</p>
<p style="text-align: justify;"><strong>Section 25A - </strong> <em>Injury to or interference with a telegraph line or post: </em> If, in any case not provided for by section 25, any person deals with any property and thereby wilfully or negligently damages any telegraph line or post duly placed on such property in accordance with the provisions of this Act, he shall be liable to pay the telegraph authority such expenses (if any) as may be incurred in making good such damage, and shall also, if the telegraphic communication is by reason of the damage so caused interrupted, be punishable with a fine which may extend to Rs. 1000:</p>
<p style="text-align: justify;">5. The telecom service providers in India have to sign a license agreement with the Department of Telecommunications for the right to provide telecom services in various parts of India. The telecom regulatory regime in India has gone through a lot of turmoil and evolution and currently any service provider wanting to provide telecom services is issued a Unified License (UL) and has to abide by the terms of the UL. Whilst most of the prohibited activities under the UL refer to specific terms under the UL itself such as non payment of fees and not fulfilling obligations under the UL, section 38 provides for certain specific prohibited activities which may be relevant for the ICT sector. These prohibited activities include:</p>
<p style="text-align: justify;">(i) Carrying objectionable, obscene, unauthorized or any other content, messages or communications infringing copyright and intellectual property right etc., which may be prohibited by the laws of India;</p>
<p style="text-align: justify;">(ii) Provide tracing facilities to trace nuisance, obnoxious or malicious calls, messages or communications transported through his equipment and network, to the authorised government agencies;</p>
<p style="text-align: justify;">(iii) Ensuring that the Telecommunication infrastructure or installation thereof, carried out by it, should not become a safety or health hazard and is not in contravention of any statute, rule, regulation or public policy;</p>
<p style="text-align: justify;">(iv) not permit any telecom service provider whose license has been revoked to use its services. Where such services are already provided, i.e. connectivity already exists, the license is required to immediately sever connectivity immediately.</p>
<h4 id="2b">2b. In case of ICT incidents, States should consider all relevant information, including the larger context of the event, the challenges of attribution in the ICT environment and the nature and extent of the consequences</h4>
<p style="text-align: justify;">The Department of Electronics and Information Technology (DEITY) has released the XIIth Five Year Plan on the information technology sector and the report of the Sub-Group on Cyber Security in the plan recognizes that cyber security threats emanate from a wide variety of sources and manifest themselves in disruptive activities that target individuals, businesses, national infrastructure and Governments alike. <a name="_ftnref6" href="#_ftn6">[6]</a> The primary objectives of the plan for securing the country's cyber space are preventing cyber attacks, reducing national vulnerability to cyber attacks, and minimizing damage and recovery time from cyber attacks. The plan takes into account a number of focus areas to achieve its stated objectives, which are described briefly below:</p>
<ul style="text-align: justify;">
<li><em>Enabling Legal Framework</em> - Setting up think tanks in Public-Private mode to identify gaps in the existing policy and frameworks and take action to address them including addressing the privacy concerns of online users.</li>
<li><em>Security Policy, Compliance and Assurance</em> - Enhancement of IT product security assurance mechanism (Common Criteria security test/evaluation, ISO 15408 & Crypto Module Validation Program), establishing a mechanism for national cyber security index leading to national risk management framework.</li>
<li><em>Security Resarch&Development (R&D)</em> - Creation of Centres of Excellence in identified areas of advanced Cyber Security R&D and Centre for Technology Transfer to facilitate transition of R&D prototypes to production, supporting R&D projects in thrust areas.</li>
<li><em>Security Incident</em> - Early Warning and Response - Comprehensive threat assessment and attack mitigation by means of net traffic analysis and deployment of honey pots, development of vulnerability database.</li>
<li><em>Security awareness, skill development and training</em> - Launching formal security education, skill building and awareness programs.</li>
<li><em>Collaboration</em> - Establishing a collaborative platform/ think-tank for cyber security policy inputs, discussion and deliberations, operationalisation of security cooperation arrangements with overseas CERTs and industry, and seeking legal cooperation of international agencies on cyber crimes and cyber security.</li></ul>
<h4 id="2c">2c. States should not knowingly allow their territory to be used for internationally wrongful acts using ICTs</h4>
<p style="text-align: justify;">As mentioned in response to (a) above, the primary legislation in India that deals with information technology and hence ICT as well is the Information Technology Act, 2000. The IT Act contains a number of penal provisions which make it illegal to indulge in a number of practices such as hacking, online fraud, etc. which have been recognised internationally as wrongful acts using ICT ( <em>Please refer to answer under section (a) above for details of the penal provisions</em>). Further section 1(2) of the IT Act provides that it also applies to any offence or contravention hereunder committed outside India by any person. This means that the IT Act also covers internationally wrongful acts using ICTs.</p>
<h4 id="2d">2d. States should consider how best to cooperate to exchange information, assist each other, prosecute terrorist and criminal use of ICTs and implement other cooperative measures to address such threats. States may need to consider whether new measures need to be developed in this respect</h4>
<p style="text-align: justify;">There are a number of ways in which states can share information by using widely accepted formal processes precisely for this purpose. Some of the most common methods of international exchange used by India are given below.</p>
<p style="text-align: justify;"><strong>MLATs</strong></p>
<p style="text-align: justify;">Although the exact process by which intelligence agencies in India share information with other agencies internationally is unclear, India is a member of Interpol and the Central Bureau of Investigation, which is a Federal/Central investigating agency functioning under the Central Government, Department of Personnel & Training and is designated as the National Central Bureau of India. A very useful tool in the effort to establish cross-border cooperation is Mutual Legal Assistance Treaties (MLATs). MLATs are extremely important for law enforcement agencies, governments and the private sector, since they act as formal mechanisms for access to data which falls under different jurisdictions. India currently has MLATs with the following 39 countries <a name="_ftnref7" href="#_ftn7">[7]</a></p>
<p style="text-align: justify;">Although MLATs are considered to be a useful mechanism to ensure international cooperation, there are certain criticisms of the MLAT mechanism, such as:</p>
<ul><li><strong>The Lack of Clear Time Tables:</strong> Although MLATs do provide for broad time frames, they do not provide for more specific time tables and usually do not have any provision for an expedited process, for eg. it is believed that for requests to the U.S., processing can take from six weeks (for requests with minimal issues complying with U.S. legal standards) to 10 months.<a name="_ftnref8" href="#_ftn8">[8]</a> Such a long time frame is clearly a burden on the investigation process and has been criticised for being ineffectual as they may not provide information fast enough;</li>
<li><strong>Variation in Legal Standards:</strong> The legal standards for requesting information, for eg. the circumstances under which information can be requested or what information can be requested, differ from jurisdiction to jurisdiction. These differences are often not understood by requesting nations thus causing problems in accessing information;<a name="_ftnref9" href="#_ftn9">[9]</a></li>
<li><strong>Inefficient Legal Process:</strong> The legal process to carry out requests through the MLAT process is often considered too cumbersome and inefficient.</li>
<li><strong>Non-incorporation of Technological Challenges:</strong> MLATs have not been updated to meet the challenges brought about by technology, especially with the advent of networked infrastructure and ICT which raise issues of attribution and cross-jurisdictional access to information. <a name="_ftnref10" href="#_ftn10">[10]</a></li></ul>
<p style="text-align: justify;"><strong>Extradition</strong></p>
<p style="text-align: justify;">Extradition generally refers to the surrender of an alleged or convicted criminal by one State to another. More precisely, it may be defined as the process by which one State upon the request of another surrenders to the latter a person found within its jurisdiction for trial <s> and punishment </s> or, if he has been already convicted, only for punishment, on account of a crime punishable by the laws of the requesting State and committed outside the territory of the requested State. Extradition plays an important role in the international battle against crime and owes its existence to the so-called principle of territoriality of criminal law, according to which a State will not apply its penal statutes to acts committed outside its own boundaries except where the protection of special national interests is at stake. India currently has extradition treaties with 37 countries and extradition arrangements with an additional 8 countries.<a name="_ftnref11" href="#_ftn11">[11]</a></p>
<p style="text-align: justify;"><strong>Letters Rogatory</strong></p>
<p style="text-align: justify;">A Letter Rogatory is a formal communication in writing sent by the Court in which an action is pending to a foreign court or Judge requesting that the testimony of a witness residing within the jurisdiction of that foreign court be formally taken under its direction and transmitted to the issuing court making the request for use in a pending legal contest or action. This request entirely depends upon the comity of courts towards each other and usages of the court of another nation.</p>
<p style="text-align: justify;">Apart from the above methods, India also regularly signs Bilateral MoUs with various countries on law enforcement and information sharing specially in cases related to terrorism. India also regularly helps and gets helps from Interpol, the International Criminal Police Organisation for purposes of investigation, arrests and sharing of information.<a name="_ftnref12" href="#_ftn12">[12]</a></p>
<p style="text-align: justify;">Other than these formal methods states sometimes share information on an informal basis, where the parties help each other purely on the basis of goodwill, or sometimes even coercion. A recent example of informal cooperation between the security agencies of India and Nepal, although not in the realm of cyber space, was the arrest of YasinBhatkal, leader of the banned organisation Indian Mujahideen (IM) where the Indian security agencies allegedly sought informal help from their Neapaelese counterparts to arrest a person who was wantedhad long been wanted by the Indian security agencies for a long time. <a name="_ftnref13" href="#_ftn13">[13]</a></p>
<p style="text-align: justify;">In the current environment of growing ICT and increased cross-border information sharing between individuals, the role of private companies who carry this information has become much more pronounced. This changed dynamic raises new problems, especially because manyin light of thesefact that a number of these companies do not have a physical presence in all the countries where they offer services over the internet. This leads to problems for states in terms of law enforcement, speciallyespecially if they want information from these companies who do not have an incentive or desire to provide itagainst their will. These circumstances lead to a number of prickly situations where states are often frustrated in using legal and formal means and often resort to informal pressure to get the companies to agree to data localization requests, encryption/decryption standards and keys, back doors, and other requests. etc., Tthe most famous of these in the Indian context being the disagreement/ heated exchange between the Indian government and Canada based Blackberry Limited (formerly Research in Motion) for data requests on their Blackberry enterprise platform.</p>
<h4 id="2e">2e. States, in ensuring the secure use of ICTs, should respect Human Rights Council resolutions 20/8 and 26/13 on the promotion, protection and enjoyment of human rights on the Internet, as well as General Assembly resolutions 68/167 and 69/166 on the right to privacy in the digital age, to guarantee full respect for human rights, including the right to freedom of expression</h4>
<p><strong>Right to Privacy</strong></p>
<ol><li>
<p style="text-align: justify;">The right to privacy has been recognised as a constitutionally protected fundamental right in India through judicial interpretation of the right to life which is specifically guaranteed under the Constitution of India. Since the right to privacy was read into the constitution by judicial pronouncements, it could be said that the right to privacy in India is a creature of the courts at least in the Indian context. For this reason it may be useful to list out some of the major cases which deal with the right to privacy in India:</p>
<p style="text-align: justify;">i. <em>Kharak Singh</em> v. <em>Union of India</em>¸<a name="_ftnref14" href="#_ftn14">[14]</a> (1962)</p>
<p style="text-align: justify;">a. For the first time, the courts recognized the right to privacy as a fundamental right, although in a minority opinion.</p>
<p style="text-align: justify;">b. The decision lLocated the right to privacy under both the right to personal liberty as well as freedom of movement.</p>
<p style="text-align: justify;">ii. <em>Govind</em> v. <em>State of M.P.</em>,<a name="_ftnref15" href="#_ftn15">[15]</a> (1975)</p>
<p style="text-align: justify;">a. Adopted the minority opinion of <em>Kharak Singh </em>as the opinion of the Supreme Court and held that the right to privacy is a fundamental right.</p>
<p style="text-align: justify;">b. An individual deDerivesd the right to privacy from both the right to life and personal liberty as well as freedom of speech and movement.</p>
<p style="text-align: justify;">c. The right to privacy was said to encompass and protect the personal intimacies of the home, the family marriage, motherhood, procreation and child rearing.</p>
<p style="text-align: justify;">d. The court established that the rRight to privacy can be violated in the following circumstances (i) important countervailing interest which is superior, (ii) compelling state interest test, and (iii) compelling public interest.</p>
<p style="text-align: justify;">iii. <em>R. Rajagopal</em> v. <em>Union of India</em>,<a name="_ftnref16" href="#_ftn16">[16]</a> (1994)</p>
<p style="text-align: justify;">a. Recognised that the rRight to privacy is a part of the right to personal liberty guaranteed under the constitution.</p>
<p style="text-align: justify;">b. Recognizeds that the right to privacy can be both a tort (actionable claim) as well as a fundamental right.</p>
<p style="text-align: justify;">c. Established that aA citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters and nobody can publish anything regarding the same unless (i) he consents or voluntarily thrusts himself into controversy, (ii) the publication is made using material which is in public records (except for cases of rape, kidnapping and abduction), or (iii) he is a public servant and the matter relates to their discharge of official duties.</p>
<p style="text-align: justify;">iv. <em>People's Union for Civil Liberties</em> v. <em>Union of India</em>,<a name="_ftnref17" href="#_ftn17">[17]</a> (1996)</p>
<p style="text-align: justify;">a. Extended the right to privacy to include communications privacy..</p>
<p style="text-align: justify;">b. Laid down guidelines which form the backbone for checks and balances in interception provisions.</p>
<p style="text-align: justify;">v. <em>District Registrar and Collector, Hyderabad and another</em> v. <em>Canara Bank and another</em>, <a name="_ftnref18" href="#_ftn18">[18]</a> (2004)</p>
<p style="text-align: justify;">a. Refers to personal liberty, freedom of expression and freedom of movement as the fundamental rights which give rise to the right to privacy.</p>
<p style="text-align: justify;">b. The rRight to privacy deals with persons and not places.</p>
<p style="text-align: justify;">c. Intrusion into privacy may be by - (1) legislative provisions, (2) administrative/executive orders and (3) judicial orders.</p>
<p style="text-align: justify;">vi. <em>Selvi and others</em> v. <em>State of Karnataka and others</em>,<a name="_ftnref19" href="#_ftn19">[19]</a> (2010)</p>
<p style="text-align: justify;">a. The Court acknowledged the distinction between bodily/physical privacy and mental privacy</p>
<p style="text-align: justify;">b. Subjecting a person to techniques such as narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test without consent violates the subject's mental privacy</p>
</li>
<li>
<p style="text-align: justify;">Although the judgements in the above cases (except for the case of <em>People's Union for Civil Liberties</em> v. <em>Union of India</em>) were pronounced given in a non telecomnot delivered in a telecommunications context, however the ease with which these principles were applied in the case of <em>People's Union for Civil Liberties</em> v. <em>Union of India</em>, suggests that these principles, where applicable, would be applied even in the context of ICT and are not limited to only the non-digital world.</p>
</li>
<li>
<p style="text-align: justify;">It must however be noted that dueDue to some incongruities in the interpretation of the earlier judgments, the Supreme Court has recently referred the matter regarding the existence and scope of the right to privacy in India to a larger bench so as to bring clarity regarding the exact scope of the right to privacy in Indian law. The very concept that the Constitution of India guarantees a right to privacy was challenged due to an "unresolved contradiction" in judicial pronouncements. This "unresolved contradiction" arose because in the cases of <em>M.P. Sharma & Others v. Satish Chandra & Others</em>,<a name="_ftnref20" href="#_ftn20">[20]</a> and <em>Kharak Singh v. State of U.P. & Others,</em> <a name="_ftnref21" href="#_ftn21">[21]</a>(decided by<em>Eigh</em>eight<em>t</em>andsix<em>Six</em>Judges respectively) the majority judgment of the Supreme Court had categorically denied the existence of a right to privacy under the Indian Constitution.</p>
<p style="text-align: justify;">However somehow the later case of Gobind v. <em>State of M.P. and another</em>,<a name="_ftnref22" href="#_ftn22">[22]</a> (which was decided by a two Judge Bench of the Supreme Court) relied upon the opinion given by the minority of two judges in <em>Kharak Singh </em>to hold that a right to privacy does exist and is guaranteed as a fundamental right under the Constitution of India without addressing the fact that this was a minority opinion and that the majority opinion had denied the existeance of the right to privacy. Thereafter a large number of cases have held the right to privacy to be a fundamental right, the most important of which are <em>R. Rajagopal& Another </em>v. <em>State of Tamil Nadu & Others</em>,<a name="_ftnref23" href="#_ftn23">[23]</a> (popularly known as <em>Auto Shanker's case</em>) and <em>People's Union for Civil Liberties (PUCL) </em>v. <em>Union of India & Another</em>.<a name="_ftnref24" href="#_ftn24">[24]</a> However, as was noticed by the Supreme Court in its August 11, 2015 order, all these judgments were decided by two or three Judges only which could not have overturned the judgments given by larger benches.<a name="_ftnref25" href="#_ftn25">[25]</a> It was to resolve this judicial incongruity that the Supreme Court referred this issue to a larger bench to decide on the existence and scope of the right to privacy in India.</p>
</li></ol>
<p><strong>Freedom of Expression</strong></p>
<ol start="4"><li>
<p style="text-align: justify;">Freedom of expression is one of the most important fundamental rights guaranteed under the constitution and has been vehemently protected by the judiciary on a number of occasions whenever it has been threatened. With the advent of social media, the entire dynamics of the freedom of speech and expression have changed in that it is now possible for every individual, with an internet connection and a Facebook/Twitter/Whatsapp account to reach millions of people without spending any extra money. This ability to reach a much larger and wider audience also led to greater friction between people holding different opinions. As the ease of the internet removed the otherwise filtering effects of geography and made it easier for people to communicate with each other, the advent of social media made it easier for them to communicate with a larger number of people at the same time. This ability to communicate within a group also gave rise to "debates" which often turngot ugly, highlighting giving way to concerns of how easy it is to harass people on social media.</p>
</li>
<li>
<p style="text-align: justify;">This concern over of harassment led a number of people to call for greater censorship of social media and it was perhaps this concern which gave rise to the biggest challenge to the freedom of speech and expression in the online world, in the form of section 66A of the Information Technology Act, 2000 which made it an offense to send information which was "grossly offensive" (s.66A(a)) or caused "annoyance" or "inconvenience" while being known to be false (s.66A(c)). This section was used widely seen by Oonline activists, including the Centre for Internet and Society, widely considered this section as a tool for the government to silence those who criticised it. In fact, statistics compiled by the National Crime Records Bureau from 2014 revealed that 2,402 people, including 29 women, were arrested in 4,192 cases under section 66A which accounted for nearly 60% of all arrests under the IT Act, and 40% of arrests for cyber crimes in 2014. <a name="_ftnref26" href="#_ftn26">[26]</a></p>
</li>
<li>
<p style="text-align: justify;">The section was finally struck down by the Supreme Court in 2015 in the case of <em>Shreya Singhal</em>v. <em>Union of India</em>, <a name="_ftnref27" href="#_ftn27">[27]</a> on the ground of being too vague. This decision was seen as a huge victory for the campaign for freedom of speech and expression in the virtual world since this section was frequently used by the state (or rather government in power) to muzzle free speech against the incumbent government or political leaders. The offending section 66A made it an offence to send any information that was "grossly offensive or has menacing character" or "which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by makinguse of such computer resource or a communication device,". These terms quoted above were held by the Court to be too vague and wide and falling foul of the limited restrictions constitutionally imposed on the freedom of expression. The Supreme Court therefore, and were therefore struck down section 66A by the Supreme Court.</p>
</li></ol>
<h4 id="2f">2f. A State should not conduct or knowingly support ICT activity contrary to its obligations under international law that intentionally damages critical infrastructure or otherwise impairs the use and operation of critical infrastructure to provide services to the public</h4>
<p style="text-align: justify;">The researchers of this report could not locate any norms in India which address this issue. To the best of their knowledge, India does not support any ICT activity that intentionally damages critical infrastructure or impairs the use and operation of critical infrastructure.</p>
<h4 id="2g">2g. States should take appropriate measures to protect their critical infrastructure from ICT threats, taking into account General Assembly resolution 58/199 on the creation of a global culture of cybersecurity and the protection of critical information infrastructures, and other relevant resolutions</h4>
<p style="text-align: justify;">1. Section 70 of the IT Act gives the government the authority to declare any computer system which directly affects any critical information infrastructure to be a protected system. The term "critical information infrastructure" (CII) is defined in the IT Act "the computer resource, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety." Once the government declares any computer resource as a protected system it gets the authority to prescribe information security practices for such as system as well as identify the persons who are authorised to access such systems. Any person who accesses a protected system in contravention of the provision of Section 70 of the IT Act shall be liable to be imprisoned for a maximum period of 10 years and also pay a fine. Further, section 70A of the IT Act gives the government the power to name a national nodal agency in respect of CII and also prescribe the manner for such agency to perform its duties. In pursuance of the powers under sections 70A the government has designated the National Critical Information Infrastructure Protection Centre (NCIIPC) situated in the JNU campus as the nodal agency <a name="_ftnref28" href="#_ftn28">[28]</a>. This agency is a part of and under the administrative control of the National Technical Research Organisation (NTRO) <a name="_ftnref29" href="#_ftn29">[29].</a></p>
<p style="text-align: justify;">2. The functions and manner of performing such functions by the NCIIPC has been prescribed in the Information Technology (National Critical Information Infrastructure Protection Centre and Manner of Performing Functions and Duties) Rules, 2013.<a name="_ftnref30" href="#_ftn30">[30]</a> According to these Rules the functions of the NCIIPC include, inter alia, (i) the protecting and giving advice to reduce the vulnerabilities of CII against cyber terrorism, cyber warfare and other threats; (ii) identification of all critical infrastructure elements so that they can be notified by the government; (iii) providing strategic leadership and coherence across the government to respond to cyber security threats against CII; (iv) coordinating, sharing, monitoring, analysing and forecasting national level threats to CII for policy guidance, expertiese sharing and situational awareness for early warning alerts; (v) assisting in the development of appropriate plans, adoption of standards, sharing best practices and refinining procurement processes for CII; (vi) undertaking and funding research and development to innovate future technologies and collaborate with PSUs, academia and international partners for protection of CII; (vii) organising training and awareness programmes and development of audit and certification agencies for protection of CII; (viii) developing and executing national and international cooperation strategies for protection of CII; (ix) issuing guidelines, advisories and vulnerability notes relating to CII and practices, procedures, prevention and responses in consultation with CERT-In and other organisations; (x) exchanging information with CERT-In, especially in relation to cyber incidents; and (xi) calling for information and giving directions to critical sectors or persons having a critical impact on CII, in the event of any threat to CII.<a name="_ftnref31" href="#_ftn31">[31]</a></p>
<p style="text-align: justify;">3. The NCIIPC had in the year 2013 released (non publicly) Guidelines for the Protection of National Critical Information Infrastructure <a name="_ftnref32" href="#_ftn32">[32]</a> (CII Guidelines) which presented 40forty controls and respective guiding principles for the protection of CII. It is expected that these controls and guiding principles will help critical sectors to draw a CII protection roadmap to achieve safe, secure and resilient CII for India. The 'Guidelines for forty Critical Controls' is considered by the NCIIPC to be a significant milestone in its efforts for the protection of nation's critical information assets. These fort controls can be found in Section 6 (Best Practices, Controls and Guidelines) of the CII Guidelines. It must be noted that the CII Guidelines were drafted after taking inputs from a number of stakeholders such as the national Stock Exchange, the Airports Authority of India, National Thermal Power Corporation, Reserve Bank of India, Indian Railways, Telecom Regulatory Authority of India, Bharat Sanchar Nigam Limited, etc. This exercise of taking inputs from different stakeholders as well as developing a standard of as many as 40forty aspects of security seems to suggest that the NCIIPC is taking steps in the right direction.</p>
<p style="text-align: justify;">4. The Recommendations on Telecommunication Infrastructure Policy issued by the Telecom Regulatory Authority of India in April, 2011 are silent on the issue of security of critical information infrastructure.s. However, the National Policy on Information Technology, 2012 (NPIT) does address the issue of security of cyber space by saying that the government should make efforts to do the following:</p>
<p style="text-align: justify;">"9.1 To undertake policy, promotion and enabling actions for compliance to international security best practices and conformity assessment (product, process, technology & people) and incentives for compliance.</p>
<p style="text-align: justify;">9.2 To promote indigenous development of suitable security techniques & technology through frontier technology research, solution oriented research, proof of concept, pilot development etc. and deployment of secure IT products/processes</p>
<p style="text-align: justify;">9.3 To create a culture of cyber security for responsible user behavior & actions including building capacities and awareness campaigns.</p>
<p style="text-align: justify;">9.4 To create, establish and operate an 'Information Security Assurance Framework'."</p>
<p style="text-align: justify;">5. The Department of Information and Technology has formed the Computer Emergency Response Term of India (CERT-In) to enhance the security of India's Communications and Information Infrastructure through proactive action and effective collaboration. The Information Security Policy on Protection of Critical Infrastructure released by the CERT-In considers information recorded, processed or stored in electronic medium as a valuable asset and is geared towards protection of such "valuable asset". The policy recognises the importance of critical information infrastructure network and says that any disruption of the operation of such networks is likely to have devastating effects. The policy prescribes that personnel with program delivery responsibilities should also recognise the importance of security of information resources and their management. Thus Ddue to this recognition of the growing networked nature of government as well as critical organisations and the need to have a proper vulnerability analysis as well as effective management of information security risks, the Department of Technology prescribes the following information security policy:</p>
<p style="text-align: justify;">"In order to reduce the risk of cyber attacks and improve upon the security posture of critical information infrastructure, Government and critical sector organizations are required to do the following on priority:</p>
<ul style="text-align: justify;">
<li>Identify a member of senior management, as Chief Information Security Officer (CISO), knowledgeable in the nature of information security & related issues and designate him/her as a 'Point of contact', responsible for coordinating security policy compliance efforts and to regularly interact with the Indian Computer Emergency Response Team (CERT-In), Department of Information Technology (DIT), which is the nodal agency for coordinating all actions pertaining to cyber security;</li>
<li>Prepare information security plan and implement the security control measures as per ISI/ISO/IEC 27001: 2005 and other guidelines/standards, as appropriate;</li>
<li>Carry out periodic IT security risk assessments and determine acceptable level of risks, consistent with criticality of business/functional requirements, likely impact on business/ functions and achievement of organisational goals/objectives;</li>
<li>Periodically test and evaluate the adequacy and effectiveness of technical security control measures implemented for IT systems and networks. Especially, Test and evaluation may become necessary after each significant change to the IT applications/systems/networks and can include, as appropriate the following:</li></ul>
<p style="text-align: justify;">➢ Penetration Testing (both announced as well as unannounced)</p>
<p style="text-align: justify;">➢ Vulnerability Assessment</p>
<p style="text-align: justify;">➢ Application Security Testing</p>
<p style="text-align: justify;">➢ Web Security Testing</p>
<ul style="text-align: justify;">
<li>Carry out Audit of Information infrastructure on an annual basis and when there is major upgradation/change in the Information Technology Infrastructure, by an independent IT Security Auditing organization;..........</li></ul>
<ul style="text-align: justify;">
<li>Report to CERT-In the cyber security incidents, as and when they occur and the status of cyber security, periodically."</li></ul>
<p style="text-align: justify;">6. The Department of Electronics and Information Technology (DEITY) released the National Policy on Electronics in 2012 which contained the government's take on the electronics industry in India. Section 5 of the said policy talks about cCyber sSecurity and states that to create a complete secure cyber eco-system in the country, careful and due attention is required for creation of well-d defined technology and systems, use of appropriate technology and more importantly development of appropriate products and& solutions. The priorities for action should be suitable design and development of indigenous appropriate products through frontier technology/product oriented research, testing and& validation of security of products meeting the protection profile requirements needed to secure the ICT infrastructure and cyber space of the country.</p>
<p style="text-align: justify;">7. In addition the CERT-In has issued an Information Security Management Implementation Guide for Government Organisations. <a name="_ftnref33" href="#_ftn33">[33]</a> CERT-In has also prescribed progressive steps for implementation of Information Security Management System in Government & Critical Sectors as per ISO 27001. The steps prescribed are as follows:</p>
<ul style="text-align: justify;">
<li>Identification of a Point-of-Contact (POC) / Chief Information Security Officer (CISO) for coordinating information security policy implementation efforts and communication with CERT-In</li>
<li>Information Security Awareness Programme</li>
<li>Determination of general Risk environment of the organization (low / medium / hHigh) depending on the nature of web and& networking environment, criticality of business functions and impact of information security incidents on the organization, business activities, assets / resources and individuals</li>
<li>Status appraisal and gap analysis against ISO 27001 based best information security practices</li>
<li>Risk assessment covering evaluation of threat perception and technical and &operational vulnerabilities</li>
<li>Comprehensive risk mitigation plan including selection of appropriate information security controls as per ISO 27001 based best information security practices</li>
<li>Documentation of agreed information security control measures in the form of information security policy manual, procedure manual and work instructions</li>
<li>Implementation of information security control measures (Managerial, Technical and& operational)</li>
<li>Testing & evaluation of technical information security control measures for their adequacy & effectiveness and audit of IT applications/systems/networks by an independent information security auditing organization (penetration testing, vulnerability assessment, application security testing, web security testing, LAN audits, etc)</li>
<li>Information Security Management assessment and certification against ISO 27001 standard, preferably by an independent & accredited organization</li></ul>
<p style="text-align: justify;">8. The Unified License for providing various telecommunication services also discusses contains certain terms which talk about how to engagedeal with telecommunication infrastructure in light of national security, which include the following recommendations:</p>
<ul style="text-align: justify;">
<li>Providing necessary facilities to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity;</li>
<li>Giving full access to its network and equipment to the authorised persons for technical scrutiny and inspection;</li>
<li>Obtaininggettting security clearance for all foreign nationals deployed on for installation, operation and maintenance of the network;</li>
<li>Being completely responsible for the security of its network and having organizational policy on security and security management of its network including Network forensics, Network Hardening, Network penetration test, Risk assessment;</li>
<li>Auditing its network or getting the network audited from security point of view once in a financial year from a network audit and certification agency;</li>
<li>Inducting only those network elements into its telecommunications network, which have been got tested according tos per relevant contemporary Indian or International Security Standards;</li>
<li>Including all contemporary security related features (including communication security) as prescribed under relevant security standards while procuring the equipment and implementing all such contemporary features into the network;</li>
<li>Keeping requisite records of operations in the network;</li>
<li>Monitoring of all intrusions, attacks and frauds on his technical facilities and provide reports on the same to the Licensor.</li></ul>
<p style="text-align: justify;">Further statutory restrictions on tampering critical infrastructure are already contained in the Telegraph Act and have been discussed above, though the penalties provided may need to be increased if they are to act as a deterrent in this age where the stakes are much higher.</p>
<h4 id="2h">2h. States should respond to appropriate requests for assistance by another State whose critical infrastructure is subject to malicious ICT acts. States should also respond to appropriate requests to mitigate malicious ICT activity aimed at the critical infrastructure of another State emanating from their territory, taking into account due regard for sovereignty</h4>
<p style="text-align: justify;">There is yet to be a publicly acknowledged request from a foreign government asking the Indian government to take steps to prevent malicious ICT acts originating from its territory.</p>
<h4 id="2i">2i. States should take reasonable steps to ensure the integrity of the supply chain so that end users can have confidence in the security of ICT products. States should seek to prevent the proliferation of malicious ICT tools and techniques and the use of harmful hidden functions;
<p> </p>
<p style="text-align: justify;">Section 4 of the National Electronics Policy, 2012 talks about "Developing and Mandating Standards" and says that in order to curb the inflow of sub-standard and unsafe electronic products the government should mandate technical and safety standards which conform to international standards and do the following:</p>
<ul style="text-align: justify;">
<li>Develop Indian standards to meet specific Indian conditions including climatic, power supply, and handling and other conditions etc., by suitably reviewing existing standards.</li>
<li>Mandate technical standards in the interest of public health and safety.</li>
<li>Set up an institutional mechanism within Department of Information Technology for mandating compliance to standards for electronics products.</li>
<li>Develop a National Policy Framework for enforcement and use of Standards and Quality Management Processes.</li>
<li>Strengthen the lab infrastructure for testing of electronic products and encouraging development of conformity assessment infrastructure by private participation.</li>
<li>Create awareness amongst consumers against sub-standard and spurious electronic products.</li>
<li>Build capacity within the Government and public sector for developing and mandating standards.</li>
<li>Actively participate in the international development of standards in the Electronic System Design and Manufacturing sector.</li></ul>
</h4>
<h4 id="2j">2j. States should encourage responsible reporting of ICT vulnerabilities and share associated information on available remedies to such vulnerabilities to limit and possibly eliminate potential threats to ICTs and ICT-dependent infrastructure</h4>
<p style="text-align: justify;">Under section 70B of the IT Act, India has established a Computer Emergency Response Team (CERT-In) to serve as the national agency for incident responses. The functions mandated to be performed by CERT-In as per the IT Act are:</p>
<ul style="text-align: justify;">
<li>Collection, analysis and dissemination of information on cyber incidents;</li>
<li>Forecasting and alerts of cyber security incidents;</li>
<li>Emergency measures for handling cyber security incidents;</li>
<li>Coordination of cyber incidents response activities;</li>
<li>Issuing ofe guidelines, advisories, vulnerability notes and white papers relating to information security practices, procedures, prevention, response and reporting of cyber incidents;</li>
<li>Such other functions relating to cyber security as may be prescribed. </li></ul>
<p style="text-align: justify;">CERT-In also publishes information regarding various cyber threats on its websites so as to keep internet users aware of the latest threats in the online world. Such information can be accessed both on the main page of the CERT-In website or under the Advisories section on the website. <a name="_ftnref34" href="#_ftn34">[34]</a></p>
<h4 id="2k">2k. States should not conduct or knowingly support activity to harm the information systems of the authorized emergency response teams (sometimes known as computer emergency response teams or cyber security incident response teams) of another State. A State should not use authorized emergency response teams to engage in malicious international activity.</h4>
<p style="text-align: justify;">There are no official or public reports of India using its CERT-In to harm the information systems of another state, although it is highly unlikely that any state would publicly acknowledge such activities even if it was indulging in them.</p>
<h3 id="3">3. Conclusion</h3>
<p style="text-align: justify;">As can be seen from the discussion above, the statutory, regulatory and policy regime in India does seem to address most of the cyber security norms in some manner or the other, but these efforts almost always fall short of meeting some of the norms. While the Information Technology Act along with the Rules thereunder, as being the umbrella legislation for digital transactions in India, does address some of the issues mentioned above, it does not address some of the problems that arise out of a greater reliance on the internet such as spamming, trolling, and, online harassment, etc. Although some of these acts may be addressed by regular legislation by applying them in the online world however this does not always take into account the unique features and complexities of committing these acts/crimes in the online world.</p>
<p style="text-align: justify;">In the area of exchange of information between states, India has entered into a number of MLATs and extradition treaties, and frequently issues Letters of Rogatory. Yet however these mechanisms may not be adequate to address the needs of crime prevention of crimes in the age of ICT, as crime prevention it often requires exchange of information inon r a real time basis which is not possible with the bureaucratic procedures involved in the MLAT process. There also needsd to be stronger standards which are applicable to ICT equipment, including imported equipment especially in light of the fact that security concerns related to Chinese ICT equipment that from China have been raised quite frequently in the past. There also needs to be a better system of reporting ICT vulnerabilities to CERT-In or other authorized agencies so that mitigation measure can be implemented in time.</p>
<p style="text-align: justify;">It should be noted that the work of the Group of Experts is not complete since the General Assembly has asked the Secretary General to form a new Group of Experts which would report back to the Secretary General in 2017. It is imperative that the Government of India realise the importance of the work being done by the Group of Experts and take measures to ensure that a representative from India is included in or atleast the comments and concerns of India are included and addressed by the Group of Experts. Meanwhile, India can begin by strengthening domestic privacy safeguards, improving transparency and efficiency of relevant policies and processes, and looking towards solutions that respect rights and strengthen security. Brutent force solutions such as demands for back doors, unfair and unreasonable encryption regulation, and data localization requirements will not help propel India forward in international discussions, dialogues, or agreements on cross-border sharing of information. Though the recommendations from the Group of Experts are welcome, beyond a preliminary mention of privacy and freedom of expression, the rights of individuals - and the ways in which these can be protected, various components that go into supporting those rights including redress, transparency, and due process measures - was inadequately addressed.</p>
<div style="text-align: justify;">
<hr />
<div id="ftn1">
<p><a name="_ftn1" href="#_ftnref1">[1]</a> The terms "cyberspace" has been defined in the Oxford English Dictionary as the notional environment in which communication over computer networks occurs. Although the scope of this paper is not to discuss the meaning of this term, it was felt that a simple definition of the term would be useful to better define the parameters of the discussion.</p>
</div>
<div id="ftn2">
<p><a name="_ftn2" href="#_ftnref2">[2]</a> <a href="https://s3.amazonaws.com/unoda-web/wp-content/uploads/2016/01/A-RES-70-237-Information-Security.pdf"> https://s3.amazonaws.com/unoda-web/wp-content/uploads/2016/01/A-RES-70-237-Information-Security.pdf </a></p>
</div>
<div id="ftn3">
<p><a name="_ftn3" href="#_ftnref3">[3]</a> https://www.justsecurity.org/29203/british-searches-america-tremendous-opportunity/</p>
</div>
<div id="ftn4">
<p><a name="_ftn4" href="#_ftnref4">[4]</a> <a href="http://deity.gov.in/content/country-wise-status">http://deity.gov.in/content/country-wise-status</a></p>
</div>
<div id="ftn5">
<p><a name="_ftn5" href="#_ftnref5">[5]</a> Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-</p>
<p>(i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or</p>
<p>(ii) which is kept or used for <em>bona fide</em> heritage or religious purposes</p>
<p>Explanation: For the purposes of this section, "children" means a person who has not completed the age of 18 years.</p>
</div>
<div id="ftn6">
<p><a name="_ftn6" href="#_ftnref6">[6]</a> <a href="http://deity.gov.in/sites/upload_files/dit/files/Plan_Report_on_Cyber_Security.pdf"> http://deity.gov.in/sites/upload_files/dit/files/Plan_Report_on_Cyber_Security.pdf </a></p>
</div>
<div id="ftn7">
<p><a name="_ftn7" href="#_ftnref7">[7]</a> List of the countries is available at <a href="http://cbi.nic.in/interpol/mlats.php">http://cbi.nic.in/interpol/mlats.php</a></p>
</div>
<div id="ftn8">
<p><a name="_ftn8" href="#_ftnref8">[8]</a> <a href="https://www.lawfareblog.com/mlat-reform-some-thoughts-civil-society"> https://www.lawfareblog.com/mlat-reform-some-thoughts-civil-society </a></p>
</div>
<div id="ftn9">
<p><a name="_ftn9" href="#_ftnref9">[9]</a> Peter Swire<sup> </sup>& Justin D. Hemmings, "Re-Engineering the Mutual Legal Assistance Treaty Process", <a href="http://www.heinz.cmu.edu/~acquisti/SHB2015/Swire.docx">http://www.heinz.cmu.edu/~acquisti/SHB2015/Swire.docx</a>, <em>cf. </em> <a href="https://www.lawfareblog.com/mlat-reform-some-thoughts-civil-society"> https://www.lawfareblog.com/mlat-reform-some-thoughts-civil-society </a> .</p>
</div>
<div id="ftn10">
<p><a name="_ftn10" href="#_ftnref10">[10]</a> MLATS and International Cooperation for Law Enforcement Purposes, available at <a href="http://cis-india.org/internet-governance/blog/presentation-on-mlats.pdf"> http://cis-india.org/internet-governance/blog/presentation-on-mlats.pdf </a></p>
</div>
<div id="ftn11">
<p><a name="_ftn11" href="#_ftnref11">[11]</a> The full list of the countries with which India has agreed an MLAT is available at <a href="http://cbi.nic.in/interpol/extradition.php">http://cbi.nic.in/interpol/extradition.php</a></p>
</div>
<div id="ftn12">
<p><a name="_ftn12" href="#_ftnref12">[12]</a> <a href="http://cbi.nic.in/interpol/assist.php">http://cbi.nic.in/interpol/assist.php</a></p>
</div>
<div id="ftn13">
<p><a name="_ftn13" href="#_ftnref13">[13]</a> <a href="http://www.firstpost.com/india/how-the-police-tracked-and-arrested-im-founder-yasin-bhatkal-1071755.html"> http://www.firstpost.com/india/how-the-police-tracked-and-arrested-im-founder-yasin-bhatkal-1071755.html </a></p>
</div>
<div id="ftn14">
<p><a name="_ftn14" href="#_ftnref14">[14]</a> <a href="http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=3641">http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=3641</a></p>
</div>
<div id="ftn15">
<p><a name="_ftn15" href="#_ftnref15">[15]</a> <a href="http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=6014">http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=6014</a></p>
</div>
<div id="ftn16">
<p><a name="_ftn16" href="#_ftnref16">[16]</a> <a href="http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=11212">http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=11212</a></p>
</div>
<div id="ftn17">
<p><a name="_ftn17" href="#_ftnref17">[17]</a> <a href="http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=14584">http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=14584</a></p>
</div>
<div id="ftn18">
<p><a name="_ftn18" href="#_ftnref18">[18]</a> <a href="http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=26571">http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=26571</a></p>
</div>
<div id="ftn19">
<p><a name="_ftn19" href="#_ftnref19">[19]</a> <a href="http://dspace.judis.nic.in/bitstream/123456789/26592/1/36303.pdf">http://dspace.judis.nic.in/bitstream/123456789/26592/1/36303.pdf</a></p>
</div>
<div id="ftn20">
<p><a name="_ftn20" href="#_ftnref20">[20]</a> AIR 1954 SC 300. In para 18 of the Judgment it was held: "A power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law. When the Constitution makers have thought fit not to subject such regulation to constitutional limitations by recognition of a fundamental right to privacy, analogous to the American Fourth Amendment, we have no justification to import it, into a totally different fundamental right, by some process of strained construction."</p>
</div>
<div id="ftn21">
<p><a name="_ftn21" href="#_ftnref21">[21]</a> AIR 1963 SC 1295. In para 20 of the judgment it was held: "… Nor do we consider that Art. 21 has any relevance in the context as was sought to be suggested by learned counsel for the petitioner. As already pointed out, the right of privacy is not a guaranteed right under our Constitution and therefore the attempt to ascertain the movement of an individual which is merely a manner in which privacy is invaded is not an infringement of a fundamental right guaranteed by Part III."</p>
</div>
<div id="ftn22">
<p><a name="_ftn22" href="#_ftnref22">[22]</a> (1975) 2 SCC 148.</p>
</div>
<div id="ftn23">
<p><a name="_ftn23" href="#_ftnref23">[23]</a> (1994) 6 SCC 632.</p>
</div>
<div id="ftn24">
<p><a name="_ftn24" href="#_ftnref24">[24]</a> (1997) 1 SCC 301.</p>
</div>
<div id="ftn25">
<p><a name="_ftn25" href="#_ftnref25">[25]</a> <a href="http://cis-india.org/internet-governance/blog/right-to-privacy-in-peril"> http://cis-india.org/internet-governance/blog/right-to-privacy-in-peril </a></p>
</div>
<div id="ftn26">
<p><a name="_ftn26" href="#_ftnref26">[26]</a> <a href="http://cis-india.org/internet-governance/news/hindustan-times-august-20-2015-aloke-tikku-stats-from-2014-reveal-horror-of-scrapped-section-66-a-of-it-act"> http://cis-india.org/internet-governance/news/hindustan-times-august-20-2015-aloke-tikku-stats-from-2014-reveal-horror-of-scrapped-section-66-a-of-it-act </a></p>
</div>
<div id="ftn27">
<p><a name="_ftn27" href="#_ftnref27">[27]</a> <a href="http://supremecourtofindia.nic.in/FileServer/2015-03-24_1427183283.pdf"> http://supremecourtofindia.nic.in/FileServer/2015-03-24_1427183283.pdf </a></p>
</div>
<div id="ftn28">
<p><a name="_ftn28" href="#_ftnref28">[28]</a> <a href="http://deity.gov.in/sites/upload_files/dit/files/S_O_18(E).pdf">http://deity.gov.in/sites/upload_files/dit/files/S_O_18(E).pdf</a></p>
</div>
<div id="ftn29">
<p><a name="_ftn29" href="#_ftnref29">[29]</a></p>
</div>
<div id="ftn30">
<p><a name="_ftn30" href="#_ftnref30">[30]</a> <a href="http://deity.gov.in/sites/upload_files/dit/files/GSR_19(E).pdf">http://deity.gov.in/sites/upload_files/dit/files/GSR_19(E).pdf</a></p>
</div>
<div id="ftn31">
<p><a name="_ftn31" href="#_ftnref31">[31]</a> Rule 4 of the Information Technology (National Critical Information Infrastructure Protection Centre and Manner of Performing Functions and Duties) Rules, 2013.</p>
</div>
<div id="ftn32">
<p><a name="_ftn32" href="#_ftnref32">[32]</a> Since these Guidelines were not publicly released they are not available on any government website. In this paper we have relied on a version available on a private website at <a href="http://perry4law.org/cecsrdi/wp-content/uploads/2013/12/Guidelines-For-Protection-Of-National-Critical-Information-Infrastructure.pdf"> http://perry4law.org/cecsrdi/wp-content/uploads/2013/12/Guidelines-For-Protection-Of-National-Critical-Information-Infrastructure.pdf </a></p>
</div>
<div id="ftn33">
<p><a name="_ftn33" href="#_ftnref33">[33]</a> Available at <a href="http://www.cert-in.org.in/">http://www.cert-in.org.in/</a></p>
</div>
<div id="ftn34">
<p><a name="_ftn34" href="#_ftnref34">[34]</a> <a href="http://www.cert-in.org.in/">http://www.cert-in.org.in/</a></p>
</div>
</div>
<hr />
<h2>List of Acronyms</h2>
<ul>
<li><strong>ICTs</strong> – Information Communication Technologies</li>
<li><strong>GGE</strong> – Group of Experts</li>
<li><strong>EU</strong> – European Union</li>
<li><strong>DLC-ICT</strong> – India-Belarus Digital Learning Center</li>
<li><strong>IT Act</strong> – Information Technology Act, 2000</li>
<li><strong>UL</strong> - Unified License</li>
<li><strong>DEITY</strong> – Department of Electronics and Information Technology</li>
<li><strong>IT</strong> – Information Technology</li>
<li><strong>ISO</strong> – International Organization for Standardisation</li>
<li><strong>CERT</strong> – Computer Emergency Response Team</li>
<li><strong>CERT-In</strong> - Computer Emergency Response Team, India</li>
<li><strong>MLAT</strong> – Mutual Legal Assistance Treaty</li>
<li><strong>CII</strong> – Critical Information Infrastructure</li>
<li><strong>NCIIPC</strong> - National Critical Information Infrastructure Protection Centre</li>
<li><strong>NTRO</strong> - National Technical Research Organisation</li>
<li><strong>NPIT</strong> - National Policy on Information Technology</li>
<li><strong>CISO</strong> - Chief Information Security Officer</li></ul>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/analysis-report-experts-information-telecommunications-security-implications-india'>https://cis-india.org/internet-governance/blog/analysis-report-experts-information-telecommunications-security-implications-india</a>
</p>
No publisherElonnai Hickok and Vipul KharbandaFeaturedHomepageInternet GovernancePrivacy2016-08-11T09:58:59ZBlog EntrySubmitted Comments on the Telangana State Open Data Policy 2016
https://cis-india.org/openness/comments-on-the-telangana-state-open-data-policy-2016
<b>Last month, the Information Technology, Electronics & Communications Department of the Government of Telangana released the first public draft of the Telangana State Open Data Policy 2016, and sought comments from various stakeholders in the state and outside. The draft policy not only aims to facilitate and provide a framework for proactive disclosure of data created by the state government agencies, but also identify the need for integrating such a mandate within the information systems operated by these agencies as well. CIS is grateful to be invited to submit its detailed comments on the same. The submission was drafted by Anubha Sinha and Sumandro Chattapadhyay.</b>
<p> </p>
<p><strong>Download the submitted document: <a href="http://cis-india.org/openness/files/cis-telangana-state-open-data-policy-v-1-submission/at_download/file">PDF</a>.</strong></p>
<hr />
<h3><strong>1. Preliminary</strong></h3>
<p><strong>1.1.</strong> This submission presents comments and recommendations by the Centre for Internet and Society (“CIS”) <strong>[1]</strong> on the proposed draft of the Telangana Open Data Policy 2016 (“the draft policy”). This submission is based on Version 1 of the draft policy shared by the Information Technology, Electronics & Communications Department, Government of Telangana (“the ITE&C Department”).</p>
<p><strong>1.2.</strong> CIS commends the ITE&C Department for its generous efforts at seeking inputs from various stakeholders to draft an open data policy for the state of Telangana. CIS is thankful for this opportunity to provide a clause-by-clause submission.</p>
<h3><strong>2. The Centre for Internet and Society</strong></h3>
<p><strong>2.1.</strong> The Centre for Internet and Society, CIS, is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.</p>
<p>2.2. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. The comments in this submission aim to further the principle of citizens’ right to information, instituting openness-by-default in governmental activities, and to realise the various kinds of public goods that can emerge from greater availability of open (government) data. The submission is limited to those clauses that most directly have an impact on these principles.</p>
<h3><strong>3. Comments and Recommendations</strong></h3>
<p><em>This section presents comments and recommendations directed at the draft policy as a whole, and in certain places, directed at specific clauses of the draft policy.</em></p>
<h3>3.1. Defining the Scope of the Policy in the Preamble</h3>
<p><strong>3.1.1.</strong> CIS observes and appreciates that the ITE&C Department has identified the open data policy as a catalyst for, and as dependent upon, a larger transformation of the information systems implemented in the state, to specifically ensure that these information systems.</p>
<p><strong>3.1.2.</strong> CIS commends the endeavour of the draft policy to share data in open and machine-readable standards. To further this, it will be useful for the preamble to explicitly mandate proactive disclosure in both human-readable and machine-readable formats, using open standards, and under open license(s).</p>
<p><strong>3.1.3.</strong> CIS recommends that the draft policy state the scope of the policy at the outset, i.e. in the Preamble section of the document. This will provide greater clarity to the stakeholders who are trying to ascertain applicability of the draft policy to their data.</p>
<p><strong>3.1.4.</strong> CIS commends the crucial mandate of creating data inventory within every state government ministry / department. We further recommend that the draft policy also expressly states the need to make these inventories publicly accessible.</p>
<p><strong>3.1.5.</strong> CIS commends the draft policy’s aim to build a process to engage with data users for better outcomes. We suggest that the draft policy also enumerates the “outcomes” of such engagement, in order to provide more clarity. We recommend that these “outcomes” include greater public supply of open government data in an effective, well-documented, timely, and responsible manner.</p>
<p><strong>3.1.6.</strong> Further, CIS suggests that the draft policy define “information centric and customer centric data” to provide more clarity to the document, as well as its scope and objectives.</p>
<h3>3.2. Provide Legal and Policy References</h3>
<p><strong>3.2.1.</strong> Strengthening transparency, predictability, and legal certainty of rules benefits all stakeholders. Thus, as far as possible, terms in the draft policy should use pre-existing legal definitions. In case of ambiguities arising after the implementation of the policy, consistency in definitions will also lead to greater interpretive certainty. It must be noted that good quality public policies which promote legal certainty, lead to better implementation.</p>
<p><strong>3.2.2.</strong> CIS observes that the draft policy re-defines various terms in Section 4 that have already been defined in National Data Sharing and Accessibility Policy (“NDSAP”) 2012 <strong>[2]</strong>, the Right to Information 2005 (“RTI Act”) <strong>[3]</strong>, and IT (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011 <strong>[4]</strong>. We strongly recommend that the draft policy uses the pre-existing definitions in these acts, rules, and policies.</p>
<p><strong>3.2.3.</strong> Further, CIS observes that while certain sections accurately reflect definitions and parts from other acts, rules and policies, such sections are not referenced back to the latter. These sections include, but are not limited to: Sections 3, 7, 8, 4 (definitions of Data set, Data Archive, Negative list, Sensitive Personal data). We strongly recommend that accurate legal references be added to the draft policy after careful study of the language used.</p>
<h3>3.3. Need for More Focused Objective Statement</h3>
<p><strong>3.3.1.</strong> While the draft policy has a very comprehensive statement of its objectives, including "<em>all issues related to data in terms of the available scope of sharing and accessing spatial and non-spatial data under broad frameworks of standards and interoperability</em>," it may consider offering a more focused statement of its key objective, which is to provide a policy framework for proactive disclosure of government data by the various agencies of the Government of Telangana.</p>
<p><strong>3.3.2.</strong> Further, the objective statement must clearly state that the policy enables publication of data created by the agencies of the Government of Telangana, and/or by private agencies working in partnership with public agencies, using public funds as open data (that is, using open standards, and under open license). The present version of the objective statement mentions "<em>sharing</em>" and "<em>accessing</em>" the data concerned under "<em>broad frameworks of standards and interoperability</em>" but does not make it clear if such shared data will be available in open standards, under open licenses, and for royalty-free adaptation and redistribution by the users concerned.</p>
<h3>3.4. Suggestions related to the Definitions</h3>
<p><strong>3.4.1.</strong> The term “Data” has not been defined in accordance with NDSAP 2012. We suggest that the definition provided in NDSAP is followed so as to ensure legal compatibility.</p>
<p><strong>3.4.2.</strong> The term “Sensitive Personal Data” seems to have been defined on the basis of the definition provided in the IT (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011. Please add direct reference so as to make this clear. We further suggest that the term “Personal Information”, also defined in the same IT Rules, is also included and referred to in the draft policy, so that not only Sensitive Personal Data is barred from disclosure under this policy, but also Personal Information (that is "<em>any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person</em>") <strong>[5]</strong>.</p>
<p><strong>3.4.3.</strong> The term “Negative List” is defined in a manner that allows the state government ministries and agencies to identify which data are to be considered as non-shareable without any reference to an existing policy framework that list acceptable grounds for such identification. The term must be defined more restrictively, as this definition can allow an agency to avoid disclosure of data that may not be legally justifiable as non-shareable or sensitive. Thus, we recommend a more limited definition which may draw upon the RTI Act 2005, and specifically consider the factors mentioned in Sections 8 and 9 of the Act as the (only) set of acceptable reasons for non-disclosure of government data.</p>
<p><strong>3.4.4.</strong> The terms “Shareable Data” and “Sensitive Data” are used in several places in the draft policy but are not defined in Section 4. Both these terms are defined in NDSAP 2012. We suggest that both these terms be listed in Section 4, in accordance with the respective definitions provided in NDSAP 2012.</p>
<p><strong>3.4.5.</strong> The terms “Data Archive”, “Data Acquisition”, “Raw Data”, “Standards-Compliant Applications”, and “Unique Data” are defined in Section 4, but none of these terms appear elsewhere in the draft policy. We suggest that these terms are either better integrated into the document, or may not be defined at all.</p>
<h3>3.5. Rename Section 6 to Focus on Implementation of the Policy</h3>
<p><strong>3.5.1.</strong> Though the Section 6 is named as “Shareable Data”, it instead categorically lists down how the policy is to be implemented. This is a very welcome step, but the Section title should reflect this purpose of the Section.</p>
<p><strong>3.5.2.</strong> The decision proposed in the draft policy to make it mandatory for "<em>each funding organization</em>" to "<em>highlight data sharing policy as preamble in its RFPs as well as Project proposal formats</em>" is much appreciated and commendable. For a clearer and wider applicability of this measure, we recommend that this responsibility should apply to all state government agencies, including agencies where the state government enjoys significant stake, and all public-private partnerships entered into by the state government agencies, and not only to "<em>funding organizations</em>" (a term that has also not been defined in the draft policy).</p>
<p><strong>3.5.3.</strong> While the Section details out various measures and steps of implementation of the policy, it does not clarify which agency and/or committee would have the authority and responsibility to coordinate, monitor, facilitate, and ensure these measures and steps. Not only governmental representatives but also non-governmental representatives may be considered for such a committee.</p>
<h3>3.6. Host All Open Government Data in the State Portal</h3>
<p><strong>3.6.1.</strong> We observe that the Section 6 indicates that , the designated domain for the open government data portal for the state of Telangana, will only store metadata related to the proactive disclosed data sets but not the data sets themselves. This is further clarified in Section 10. We strongly urge the ITE&C Department to reconsider this decision to not to store the actual open data sets in the state open government data portal itself but in the departmental portals. A central archive of the open data assets, hosted by the state open government data portal, will allow for more effective and streamlined management of the open data assets concerned, including their systematic backing-up, better security and integrity, permanent and unique disclosure, and rule-driven updation. This would also reduce the burden upon all the government agencies, especially those that do not have a substantial IT team, to run independent department-specific open data portals.</p>
<h3>3.7. Reconsider the Section on Data Classification</h3>
<p><strong>3.7.1.</strong> While it is clear that the Section 7 on Data Classification follows the classification of various data sets created, managed, and/or hosted by government agencies offered in the NDSAP 2012, it is not very clear what role this classification plays in functioning and implementation of the draft policy. While Open Access and Registered Access data may both be considered as open government data that is to be proactively disclosed by the state government agencies via the state open government data portal, the Restricted Access data overlaps with the kinds of data already included in the Negative List defined in the draft policy (and elsewhere, like the RTI Act 2005). Further, the final sentence in this Section ensures that all data users provide appropriate attribution of the source(s) of the data set concerned, which (though is an important statement) should not be part of this Section on Data Classification. We suggest reconsideration of inclusion of this Section.</p>
<h3>3.8. Reconsider the Section on Technology for Sharing and Access</h3>
<p><strong>3.8.1.</strong> While it is clear that the Section 8 on Technology for Sharing and Access is adapted from the Section 9 of the NDSAP 2012, the text in this Section seems to be not fully compatible with other statements in this draft policy. For example, the Section states that "<em>[t]his integrated repository will hold data of current and historical nature and this repository over a period of time will also encompass data generated by various State Government departments</em>." However, the draft policy states in Section 10 that "<em>data.telangana.gov.in will only have the metadata and data itself will be accessed from the portals of the departments</em>."</p>
<p><strong>3.8.2.</strong> We strongly urge the ITE&C Department to revise this Section through close discussion with the NDSAP Project Management Unit, National Informatics Centre, which is the technical team responsible for developing and managing the portal, since the present version of this Section lists the original feature set of the portal as envisioned in 2012 but does not reflect the most recent feature set that has been already implemented in the portal concerned.</p>
<h3>3.9. Current Legal Framework (Section 9) should List to Relevant Acts, Rules, Policies, and Guidelines</h3>
<p><strong>3.9.1.</strong> CIS observes that the draft policy attempts to lay out the applicable legal framework in Section 2 and 9 of the draft policy, and submits that the legal framework is incomplete and recommends that the draft policy lists all the following relevant acts, rules, policies and guidelines:</p>
<ol type="A">
<li>National Data Sharing and Accessibility Policy, 2012<br /><br /></li>
<li>Right to Information Act, 2005<br /><br /></li>
<li>Information Technology Act, 2002<br /><br /></li>
<li>Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.<br /></li></ol>
<p><strong>3.9.2.</strong> CIS submits that apart from the policies mentioned above, the implementation of the draft policy is intricately linked to concepts of "open standards," "open source software," "open API," and "right to information." These concepts are governed by specific acts and policies, and are applicable to government owned data, as follows:</p>
<ol type="A">
<li><strong>Adoption of Open Standards:</strong> CIS observes that the draft policy draws on the importance of building information systems for interoperability and greater information accessibility. Interoperability is achieved by appropriate implementation of open standards. Thus, CIS submits that the Policy on Open Standards for e-Governance <strong>[6]</strong> which establishes the guidelines for usage of open standards to ensure seamless interoperability, and the Implementation Guidelines of the National Data Sharing and Accessibility Policy, 2012 <strong>[7]</strong> should be mentioned in the draft policy.<br /><br /></li>
<li><strong>Adoption of Open Source Software:</strong> The Policy on Adoption of Open Source Software for Government of India states that the "<em>Government of India shall endeavour to adopt Open Source Software in all e-Governance systems implemented by various Government organizations, as a preferred option in comparison to Closed Source Software</em> <strong>[8]</strong>." As the draft policy proposed to guide the development of information systems to share open data is being developed and implemented both by the Government of Telangana and by other agencies (academic, commercial, and otherwise), it must include an explicit reference and embracing of this mandate for adoption of Open Source Software, for reasons of reducing expenses, avoiding vendor lock-ins, re-usability of software components, enabling public accountability, and greater security of software systems.<br /><br /></li>
<li><strong>Implementation of Open APIs:</strong> CIS observes that the draft policy refers to Standard compliant applications in Section 4. CIS suggests that final version of the policy refer to and operationalise the Policy on Open Application Programming Interfaces (APIs) for Government of India <strong>[9]</strong>. This will ensure that the openly available data is available to the public, as well as to all the government agencies, in a structured digital format that is easy to consume and use on one hand, and is available for various forms of value addition and innovation on the other. Refer to Official Secrets Act, 1923: The Official Secrets Act penalises a person if he/she "<em>obtains, collects, records or publishes or communicates to other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy for which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States</em> <strong>[10]</strong>." CIS submits that this Act should be referred to in this context of ensuring non-publication of the aforementioned data.<br /></li></ol>
<h3>3.10. Mandate a Participatory Process for Developing the Implementation Guidelines</h3>
<p><strong>3.10.1.</strong> We highly appreciate and welcome the fact that the draft policy emphasises rapid operationalisation of the policy by mandating that the ITE&C Department will prepare a detailed implementation guideline within 6 months of the notification of this policy, and all state government departments will publish at least 5 high value datasets within the next three months. Just as an addition to this mandate, we would like to propose that it can be suggested that the ITE&C Department undertakes a participatory process, with contributions from both government agencies and non-government actors, to develop this implementation guideline document. We believe that opening up government data in an effective and sustainable manner, for most government agencies, involves a systematic change in how the agency undertakes day-to-day data management practices. Hence, to develop productive and practical implementation guidelines, the ITE&C Department needs to gather insights from the other state government agencies regarding their existing data (and metadata) management practices <strong>[11]</strong>. Further, participation of the non-government actors in this process is crucial to ensure that the implementation guidelines appropriately identify the high value data sets, that is data sets that should be published on a priority basis.</p>
<h3>3.11. Defer the Decision about Roles of Data Owners, Generators, and Controllers</h3>
<p><strong>3.11.1.</strong> As the draft policy does not specifically define the terms “Data Owners”, “Data Generators”, and “Data Controllers”, and the Section 11 only briefly describes some of the roles of these types of actors, we suggest removal of this discussion and the decision regarding the specific roles and functions of the Data Owners / Generators / Controllers from the draft policy itself. It will be perhaps more appropriate and effective to define these terms, as well as their roles and functions, in the implementation guidelines to be prepared by the ITE&C Department after the notification of the open data policy, since these terms relate directly to the final designing of the implementation process.</p>
<p><strong>3.12.</strong> CIS is grateful to the ITE&C Department for this opportunity to provide comments, and would be honoured to provide further assistance on the matter.</p>
<h3><strong>Endnotes</strong></h3>
<p><strong>[1]</strong> See: <a href="http://cis-india.org/" target="_blank">http://cis-india.org/</a>.</p>
<p><strong>[2]</strong> See: <a href="http://data.gov.in/sites/default/files/NDSAP.pdf" target="_blank">http://data.gov.in/sites/default/files/NDSAP.pdf</a>.</p>
<p><strong>[3]</strong> See: <a href="http://rti.gov.in/webactrti.htm" target="_blank">http://rti.gov.in/webactrti.htm</a>.</p>
<p><strong>[4]</strong> See: <a href="http://meity.gov.in/sites/upload_files/dit/files/GSR313E_10511(1).pdf" target="_blank">http://meity.gov.in/sites/upload_files/dit/files/GSR313E_10511(1).pdf</a>.</p>
<p><strong>[5]</strong> See Section 2 (1) (i) of IT (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011.</p>
<p><strong>[6]</strong> See: <a href="https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf" target="_blank">https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf</a>.</p>
<p><strong>[7]</strong> See: <a href="https://data.gov.in/sites/default/files/NDSAP_Implementation_Guidelines_2.2.pdf" target="_blank">https://data.gov.in/sites/default/files/NDSAP_Implementation_Guidelines_2.2.pdf</a>.</p>
<p><strong>[8]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf" target="_blank">http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf</a>.</p>
<p><strong>[9]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf" target="_blank">http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf</a>.</p>
<p><strong>[10]</strong> See: <a href="http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf" target="_blank">http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf</a>, Sections 2 (2) and 3 (1) (c).</p>
<p><strong>[11]</strong> A similar process was undertaken by the IT Department of the Government of Sikkim when developing the implementation guideline document. The ITE&C Department may consider discussing the matter with the said department to exchange relevant learnings.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/comments-on-the-telangana-state-open-data-policy-2016'>https://cis-india.org/openness/comments-on-the-telangana-state-open-data-policy-2016</a>
</p>
No publishersumandroOpen DataOpen Government DataFeaturedPoliciesOpennessHomepage2016-09-01T05:49:51ZBlog EntryInstitute for Internet & Society 2014, Pune
https://cis-india.org/telecom/blog/institute-for-internet-society-2014-pune
<b>Last month, activists, journalists, researchers, and members of civil society came together at the 2014 Institute for Internet & Society in Pune, which was hosted by CIS and funded by the Ford Foundation. The Institute was a week long, in which participants heard from speakers from various backgrounds on issues arising out of the intersection of internet and society, such as intellectual property, freedom of expression, and accessibility, to name a few. Below is an official reporting summarizing sessions that took place.</b>
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<h1>Day One</h1>
<p>February 11, 2014</p>
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<p align="center" style="text-align: center; ">9.30 a.m. – 9.40 a.m.</p>
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<p>Introduction: Sunil Abraham, <i>Executive Director Centre for Internet and Society</i><i> </i></p>
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<td>10.00 a.m. – 10.15 a.m.<br /></td>
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<p>Introduction of Participants</p>
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<p>Internet Governance and Privacy: Sunil Abraham</p>
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<p align="center" style="text-align: center; ">12.00 p.m. – 12.30 p.m.</p>
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<p align="center" style="text-align: center; ">12.30 p.m. – 1.00 p.m.</p>
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<p>Keynote: Bishakha Datta, <i>Filmmaker and Activist, and Board Member, Wikimedia Foundation</i></p>
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<p align="center" style="text-align: center; ">1.00 p.m. – 2.00 p.m.</p>
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<p align="center" style="text-align: center; ">1.30 p.m. – 3.00 p.m.</p>
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<p align="center" style="text-align: center; ">3.15 p.m. – 4.45 p.m.</p>
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<p>Histories, Bodies and Debates around the Internet: Nishant Shah, <i>Director-Research, CIS</i></p>
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<p style="text-align: justify; ">This year’s Internet Institute, hosted by the Centre for Internet & Society (CIS), kicked off in Pune to put a start to a week of learnings and discussions surrounding internet usage and its implications on individuals of society. Twenty two attendees from all over India attended this year, from backgrounds of activism, journalism, research and advocacy work.</p>
<p style="text-align: justify; ">Attendees were welcomed by<b> Dr. Ravina Aggarwal</b>, Program Officer for Media Rights & Access at the Ford Foundation, the event’s sponsor, who started off the day by introducing the Foundation’s initiatives in pursuit of bridging the digital divide by addressing issues of internet connectivity.</p>
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<p style="text-align: justify; "><b>Internet Governance & Privacy</b>, Sunil Abraham <br />The Institute’s first session was led by <b>Sunil Abraham</b>, Executive Director of CIS, and engaged with issues of internet governance and privacy with reference to four stories: 1) a dispute between tweeters from the US and those in South Africa over the use of hashtag <a href="http://www.thoughtleader.co.za/khayadlanga/2009/11/05/yesterday-a-short-lived-war-broke-out-between-america-and-south-africa/comment-page-1/">#thingsdarkiesays</a>, which is said not to be as racially derogatory as it is in the US; 2) Facebook’s contested policies on <a href="http://www.zdnet.com/blog/facebook/facebook-clarifies-breastfeeding-photo-policy/8791">photos featuring users breastfeeding</a>, 3) a lawsuit between <a href="http://www.theguardian.com/environment/2010/jul/26/tata-sue-greenpeace-turtle-game">Tata and Greenpeace</a> over the organization’s use of Tata’s logo in a video game created for public criticism of their environmentally-degrading practices, and lastly, 4) the case of <a href="http://en.wikipedia.org/wiki/Savita_Bhabhi">Savita Bhabhi</a>, an Indian pornographic cartoon character which had been banned by India’s High Court and which had served as a landmark case in expanding the statutory laws for what is considered to be pornographic.</p>
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<p style="text-align: justify; ">Each of these stories has one major thing in common: due to their nature of taking place over the internet, they are not confined to one geographic location and in turn, are addressed at the international level. The way by which an issue as such is to be addressed cuts across State policies and internet intermediary bodies to create quite a messy case in trying to determine who is at fault. Such complexity illustrates how challenging internet governance can be within today’s society that is no longer restricted to national or geographic boundaries.</p>
<p style="text-align: justify; ">Sunil also goes on in explaining the relationship between privacy, transparency, and power, summing it up in a simple formula; <b>privacy protection s</b>hould have a <i>reverse</i> relationship to <b>power</b>—the more the power, the less the privacy one should be entitled to. On the contrary, a <i>direct correlation</i> goes for <b>power</b> and <b>transparency</b>—the more the power, the more transparent a body should be. Instead of thinking about these concepts as a dichotomy, Sunil suggests to see them as absolute rights in themselves—instrumental in policies and necessary to address power imbalances.</p>
<p style="text-align: justify; "><b>The Web We Want</b>, Bishakha Datta<br />The Institute’s kickoff was also joined by Indian filmmaker and activist, <b>Bishakha Datta</b>, who had delivered the keynote address. Bishakha bridged together notions of freedom of speech, surveillance, and accessibility, while introducing campaigns that work to create an open and universally accessible web, such as the <a href="https://webwewant.org/">Web We Want</a> and <a href="http://www.sexualityanddisability.org/">Sexuality and Disability</a>. Bishakha stresses how the internet as a space has altered how we experience societal constructs, which can be easily exhibited in how individuals experience Facebook in the occurrence of a death, for example. Bishakha initiated discussion among participants by posing questions such as, “what is our expectation of privacy in this brave new world?” and “what is the society we want?” to encompass the need to think of privacy in a new way with the coming of the endless possibilities the internet brings with it.</p>
<p style="text-align: justify; "><b>Histories, Bodies and Debates around the Internet</b>, Nishant Shah<br />CIS Research Director, <b>Nishant Shah</b>, led a session examining internet as a technology more broadly, and our understandings of it in relation to the human body. Nishant proposes the idea that history is a form of technology, as well as time, itself, for which our understanding only comes into being with the aid of technologies of measurement. Although we are inclined to separate technology from the self, Nishant challenges this notion while suggesting that technology is very integral to being human, and defines a “cyborg” as someone who is very intimate with technology. In this way, we are all cyborgs. While making reference to several literary pieces, including Haraway’s <i>Cyborg: Human, Animus, Technology</i>; Kevin Warwick’s <i>Living Cyborg</i>; and Watt’s small world theory, Nishant challenges participants’ previous notions of how one is to understand technology in relation to oneself, as well as the networks we find ourselves implicated within.</p>
<p style="text-align: justify; ">Also brought forth by Nishant, was the fact that the internet as a technology has become integral to our identities, making <i>us</i> accessible (rather than us solely making the technology accessible) through online forms of documentation. This digital phenomenon in which we tend to document what we know and experience as a means of legitimizing it can be summed in the modern version of an old fable: “If a tree falls in a lonely forest, and nobody tweets it, has it fallen?”</p>
<p style="text-align: justify; ">Nishant refers to several case studies in which the use of online technologies has created a sense of an extension of the self and one’s personal space; which can then be subject to violation as one can be in the physical form, and to the same emotional and psychological effect—as illustrated within the 1993 occurrence referred to as “<a href="http://en.wikipedia.org/wiki/A_Rape_in_Cyberspace">A Rape in Cyberspace</a>.”</p>
<p style="text-align: justify; "><b>Attendee Participation</b><br />Participants remained engaged and enthusiastic for the duration of the day, bringing forth their personal expertise and experiences. Several participants presented their own research initiatives, which looked at issues women face as journalists and as portrayed by the media; amateur pornography without the consent of the woman; study findings on the understandings of symptoms of internet addiction; as well as studies looking at how students engage with college confession pages on Facebook.</p>
<div></div>
<hr />
<h1>Day Two</h1>
<p>February 12, 2014</p>
<table class="listing">
<tbody>
<tr>
<td>
<p><b>Time</b></p>
</td>
<td>
<p><b>Detail</b></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">9.30 a.m. – 11.00 a.m.</p>
</td>
<td>
<p>Wireless Technology: Ravikiran Annaswamy, <i>CEO and Co-founder at Teritree Technologies</i></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.00 a.m. – 11.15 a.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.15 a.m. – 12.45 p.m.</p>
</td>
<td>
<p>Wired Technology: Ravikiran Annaswamy</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">12.45 p.m. – 1.30 p.m.</p>
</td>
<td>
<p>Lunch</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">1.30 p.m. – 3.00 p.m.</p>
</td>
<td>
<p>Network, Threats and Securing Yourself: Kingsley John, <i>Independent Consultant</i></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.00 p.m. – 3.15 p.m.</p>
</td>
<td>
<p>Tea Break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.15 p.m. – 4.45 p.m.</p>
</td>
<td>
<p>Practical Lab: Kingsley John</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">4.45 p.m. – 5.00 p.m.</p>
</td>
<td>
<p>Wrap-up: Sunil Abraham</p>
</td>
</tr>
</tbody>
</table>
<table class="invisible">
<thead>
<tr>
<td>
<p style="text-align: justify; ">Day Two of the Institute entailed a more technical orientation to “internet & society” across sessions. Participants listened to speakers introduce concepts related to wired and wireless internet connectivity devices and their networks, along with the network of internet users and how one may secure him or herself while “online.”</p>
<p style="text-align: justify; "><b>Wireless & Wired Technology</b>, Ravikiran Annaswamy<br />Senior industry practitioner, <b>Ravikiran Annaswamy</b> had aimed to enable the Institute’s participants to “understand the depth and omnipresent of telecom networks” that we find ourselves implicated within. Ravikiran went through the basics of these networks—including fixed line-, mobile-, IP-, and Next Generation IP-networks—as well as the technical structuring of wired and wireless broadband. Many participants found this session to be particularly enriching as their projects aimed to provide increased access to internet connectivity to marginalized areas in India, and had been without the know-how to go about it.</p>
</td>
<th><img src="https://cis-india.org/home-images/5.JPG/image_preview" alt="Pune_Participants" class="image-inline image-inline" title="Pune_Participants" /><br /></th>
</tr>
</thead>
<tbody>
</tbody>
</table>
<p style="text-align: justify; "><b>Network, Threats and Securing Yourself</b>, Kinglsey John<br />An instructional session on how to protect oneself was given by <b>Kingsley John</b>, beginning with a lesson on IP Addresses—what they are and the different generations of such, and how IP addresses fit into a broader internet network. Following, Kingsley demonstrated and explained <a href="http://www.slideshare.net/lupucosmin/encrypting-emails-using-kleopatra-pgp">email encryption through the use of software, Kleopatra</a>, and how it may be used to generate keys to <a href="http://thehackernews.com/2014/01/PGP-encryption-Thunderbird-Enigmail_12.html">encrypt emails through Thunderbird mail client</a>.</p>
<p style="text-align: justify; "><b>Evening Discussion</b></p>
<p style="text-align: justify; ">A handful of participants voluntarily partook in an evening discussion, looking at the role of big players in the global internet network, such as Google and Facebook, how they collect and utilize users’ data, and what sorts of measures can be taken to minimize the collecting of such. Due to the widely varying backgrounds of interest among participants, those coming from this technical orientation towards the internet were able to inform their peers on relevant information and types of software that may be found useful related to minimizing one’s online presence.</p>
<hr />
<h1>Day Three</h1>
<p style="text-align: justify; ">February 13, 2014</p>
<table class="listing">
<tbody>
<tr>
<td>
<p><b>Time</b></p>
</td>
<td>
<p><b>Detail</b></p>
</td>
</tr>
<tr>
<td>
<p>9.30 a.m. – 11.00 a.m.</p>
</td>
<td>
<p>Free Software: Prof. G. Nagarjuna, <i>Chairperson, Free Software Foundation</i></p>
</td>
</tr>
<tr>
<td>
<p>11.00 a.m. – 11.15 a.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.15 a.m. – 12.45 p.m.</p>
</td>
<td>
<p>Open Data: Nisha Thompson, <i>Independent Consultant</i></p>
</td>
</tr>
<tr>
<td>
<p>12.45 p.m. – 1.30 p.m.</p>
</td>
<td>
<p>Lunch</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">1.30 p.m. – 3.00 p.m.</p>
</td>
<td>
<p>Freedom of Expression: Bhairav Acharya, <i>Advocate and Adviser, Centre for Internet and Society</i></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.00 p.m. – 3.15 p.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.15 p.m. – 4.45 p.m.</p>
</td>
<td>
<p>Copyright: Nehaa Chaudhari, <i>Program Officer, Centre for Internet and Society</i></p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">The third day of the Internet Institute incorporated themes presented by speakers ranging from free software, to freedom of expression, to copyright.</p>
<p style="text-align: justify; "><b>Free Software</b>, Prof. G. Nagarjuna<br />Chairman on the Board of Directors for the Free Software Foundation of India, <b>Professor G. Nagarjuna</b> shared with the Institute’s participants his personal expertise on <b>software freedom</b>. Nagarjuna mapped for us the network of concepts related to software freedom, beginning with the origins of the <b>copyleft movement</b>, and also touching upon the art of hacking, the <b>open source movement</b>, and what role software freedom plays in an interconnected world.</p>
<p style="text-align: justify; ">Nagarjuna looks at the free software movement as a political movement in the digital space highlighting the <a href="http://www.gnu.org/philosophy/free-sw.html">user’s freedoms</a> associated to the use, distribution, and modification of software for the greater good for all. This is said to distinguish this movement from that of Open Source—a technical and more practical development-oriented movement. The free software movement is not set out to compromise the fundamental issues for the sake of being practical and in that sense, ubiquitous. Instead, its objective is “not to make everybody <i>use</i> the software, but to have them understand <i>why</i> they are using the software,” so that they may become “authentic citizens that can also resonate <i>why </i>they’re doing what they’re doing. We want them to understand the ethical and political aspects of doing so,” Nagarjuna says.</p>
<p style="text-align: justify; "><b>Open Data</b>, Nisha Thompson<br />Participants learned from <b>Nisha Thompson</b> on Open Data; what it is, its benefits, and how it is involved in central government initiatives and policy, as well as civil society groups—generally for uses such as serving as evidence for decision making and accountability. Nisha explored challenges concerning the use of open data, such as those pertaining to privacy, legitimacy, copyright, and interoperability. The group looked at the <a href="http://www.indiawaterportal.org/">India Water Portal</a> as a case study, which makes accessible more than 300 water-related datasets already available in the public space for use from anything from sanitation and agriculture to climate change.</p>
<p style="text-align: justify; "><b>Freedom of Expression</b>, Bhairav Acharya<br /><b>Bhairav Acharya</b>, a constitutional lawyer, traced the development of the freedom of speech and expression in India. Beginning with a conceptual understanding of censorship and the practice of censorship by the state, society, and the individual herself, Bhairav examines the limits traditionally placed by a nation-state on the right to free speech.</p>
<p style="text-align: justify; ">In India, modern free speech and censorship law was first formulated by the colonial British government, which broadly imported the common law to India. However, the colonial state also yielded to the religious and communitarian sensitivities of its subjects, resulting in a continuing close link between communalism and free speech in India today. After Independence, the post-colonial Indian state carried forward Raj censorship, but tweaked it to serve to a nation-building and developmental agenda. Nation-building and nationalism are centrifugal forces that attempt to construct a homogenous 'mainstream'; voices from the margins of this mainstream (the geographical, ethnic, and religious peripheries) and of the marginalised within the mainstream (the poor and disadvantaged), are censored.</p>
<p style="text-align: justify; ">Within this narrative, Bhairav located and explained the evolution of the law relating to press censorship, defamation, obscenity, and contempt of court. Free speech law applies equally online. Broadly, censorship on the internet must survive the same constitutional scrutiny that is applied to offline censorship; but, as technology develops, the law must innovate.</p>
<p style="text-align: justify; "><b>Copyright</b>, Nehaa Chaudhari<br />CIS Programme Officer, <b>Nehaa Chaudhari</b> examined the concept of Copyright as an intellectual property right in discussing its fundamentals, purpose and origins, and Copyright’s intersection with the internet. Nehaa also explained the different exceptions to Copyright, along with its alternatives, such as opposing intellectual property protection regimes, including the Creative Commons and Copyleft. Within this session, Nehaa also introduced several cases in which Copyright came into play with the use of the internet, including Hunter Moore’s “<a href="http://en.wikipedia.org/wiki/Is_Anyone_Up%3F">Is Anyone Up</a>?” website, which had showcased pornographic pictures obtained by submission bringing rise to the phenomenon of “revenge porn.” Instances as such blur the lines of what is commonly referred to as intellectual property, and what specific requirements enables one to own the rights to such.</p>
<hr />
<h1>Day Four</h1>
<p>February 14, 2014</p>
<table class="listing">
<tbody>
<tr>
<td>
<p><b>Time</b></p>
</td>
<td>
<p><b>Detail</b></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">9.30 a.m. – 11.00 a.m.</p>
</td>
<td>
<p>E-Accessibility and Inclusion: Prashant Naik, <i>Union Bank</i></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.00 a.m. – 11.15 a.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.15 a.m. – 12.45 p.m.</p>
</td>
<td>
<p>Patents: Nehaa Chaudhari</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">12.45 p.m. – 1.30 p.m.</p>
</td>
<td>
<p>Lunch</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">1.30 p.m. – 2.00 p.m.</p>
</td>
<td>
<p>Fieldwork Assignment</p>
</td>
</tr>
</tbody>
</table>
<table class="invisible">
<thead>
<tr>
<th><img src="https://cis-india.org/home-images/DSC_0053.JPG/image_preview" alt="Pune_Rohini" class="image-inline" title="Pune_Rohini" /><br /></th>
<td style="text-align: justify; ">
<p style="text-align: justify; ">Day Four of the Internet Institute introduced concepts of eAccessibilty and Inclusion on the internet for persons with disabilities, along with patents as an intellectual property right. Participants were also assigned a fieldwork exercise as a hands-on activity in which they were to employ what they’ve learned to initiate conversation with individuals in public spaces and collect primary data while doing so.</p>
<p style="text-align: justify; "><b>eAccessibility and Inclusion</b>, Prashant Naik</p>
<b>Prashant Naik</b> started off the day with his session on E-Accessibility and Inclusion. Prashant illustrated the importance of accessibility and what is meant by the term. Participants learned of assistive technologies for different disability types and how to create more accessible word and PDF documents, as well as web pages for users. Prashant demonstrated to participants what it is like to use a computer as a visually impaired individual, which provided for an enriching experience.</td>
</tr>
</thead>
<tbody>
</tbody>
</table>
<p style="text-align: justify; "><b>Patents</b>, Nehaa Chaudhari<b><br />Nehaa Chaudhari </b>led a second session at the Internet Institute on intellectual property rights—this one looking at patents particularly and their role within statutory law. Nehaa traced the historical origins of patents before examining the fundamentals of them, and addresses the questions, “Why have patents? And is the present system working for everyone?” Nehaa also introduced notions of the Commons along with the Anticommons, and perspectives within the debate around software patents, as well as different means by which the law can address the exploitation of patents or “patent thickets”—such as through patent pools or compulsory licensing.</p>
<p style="text-align: justify; "><b>Fieldwork Assignment</b>, Groupwork<br />Participants were split into groups and required to carry out a mini fieldwork assignment in approaching individuals in varying public spaces in Pune in attempts to collect primary data. Questions asked to individuals were to be devised by the group, so long as they pertained to themes examined within the Internet Institute. Areas visited by groups included the Pune Central Mall, MG Road, and FC Road.</p>
<hr />
<h1>Day Five</h1>
<p>February 15, 2014</p>
<table class="listing">
<tbody>
<tr>
<td>
<p><b>Time</b></p>
</td>
<td>
<p><b>Detail</b></p>
</td>
</tr>
<tr>
<td>
<p>9.30 a.m. – 11.00 a.m.</p>
</td>
<td>
<p>E-Governance: Manu Srivastav, <i>Vice President, eGovernments Foundation</i></p>
</td>
</tr>
<tr>
<td>
<p>11.00 a.m. – 11.15 a.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.15 a.m. – 12.45 p.m.</p>
</td>
<td>
<p>Market Concerns: Payal Malik, <i>Economic Adviser, Competition Commission of India</i></p>
</td>
</tr>
<tr>
<td>
<p>12.45 p.m. – 1.30 p.m.</p>
</td>
<td>
<p>Lunch</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">1.30 p.m. – 3.00 p.m.</p>
</td>
<td>
<p>Digital Natives: Nishant Shah</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.00 p.m. – 3.15 p.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.15 p.m. – 4.45 p.m.</p>
</td>
<td>
<p>Fieldwork Presentations</p>
</td>
</tr>
</tbody>
</table>
<table class="invisible">
<thead>
<tr>
<td>
<p style="text-align: justify; ">Day Five of the Internet Institute brought with it sessions related to themes of e-governance, market concerns of telecommunications, and so called “Digital Natives.”</p>
<p style="text-align: justify; "><b>eGovernance</b>, Manu Srivastava<br />Vice President of the eGovernments Foundation, <b>Manu Srivastava</b> led a session on eGovernance—the utilization of the internet as a means of delivering government services communicating with citizens, businesses, and members of government. Manu examined the complexities of the eGovernance and barriers to implementation of eGovernance initiatives. Within discussion, participants examined the nuanced relationship between the government and citizens with the incorporation of other governing bodies in an eGovernance system, as well as new spaces for corruption to take place.</p>
</td>
<th><img src="https://cis-india.org/home-images/19.JPG/image_preview" alt="Pune_Chatting" class="image-inline image-inline" title="Pune_Chatting" /><br /></th>
</tr>
</thead>
<tbody>
</tbody>
</table>
<p style="text-align: justify; "><b>Market Concerns</b>, Payal Malik<br /><b>Payal Malik</b>, Advisor of the Economics Division of the Competition Commission of India shared her knowledge on market concerns of the telecommunications industry, and exclaimed the importance of competition issues in such an industry as a tool to create greater good for a greater number of people. She demonstrated this importance by stating that affordability as a product of increased access can only be possible once there is enough investment, which generally only happens in a competitive market. In this way, we must set the conditions to make competition possible, as a tool to achieve certain objectives. Payal also demonstrated the economic benefits of telecommunications by stating that for every 10% increase in broadband penetration, increase in GDP of 1.3%. She also examined the broadband ecosystem in India and touched upon future possibilities of increased broadband penetration, such as for formers and the education sector.</p>
<p style="text-align: justify; "><b>Digital Natives</b>, Nishant Shah<br /><b>Nishant Shah</b> shed some light on one of the areas that the Centre for Internet & Society looks at within their research scope, this being the “<a href="https://cis-india.org/digital-natives">Digital Native</a>.” As referred to by Nishant, the Digital Native is not to categorize a specific type of internet user, but can be said for simply any person who is performing a digital action, while doing away with this false dichotomy of age, location, and geography.</p>
<p style="text-align: justify; ">Nishant examines varying case studies in which “the digital is empowering natives to not merely be benefactors of change, but agents of change,” from the <a href="http://blog.blanknoise.org/2012/07/i-never-ask-for-it.html">Blank Noise Project</a>’s “I NEVER Ask for it…” campaign in efforts to rethink sexual violence, to <a href="http://www.wherethehellismatt.com/">Matt Harding</a>’s foolish dancing with groups of individuals from all over the world.</p>
<p style="text-align: justify; ">As occurrences in the digital realm, however, these often political expressions may be rewritten by the network when picked up as a growing phenomenon, in order to make it accessible to online consumers by the masses. In doing so, the expression is removed from its political context and is presented in the form of nothing more than a fad. For this reason, Nishant stresses the need to become aware of the potential of the internet in becoming an “echo-chamber”—in which forms of expression are amplified and mimicked, resulting in a restructuring of the dynamics surrounding the subject—whether it be videos of <a href="http://en.wikipedia.org/wiki/Back_Dorm_Boys">boys lipsyncing to Backstreet Boys</a> in their dorm room going viral, or a strong and malicious movement to punish the Chinese girl who had taken a video of her heinously and wickedly killing a kitten after locating her using the <a href="http://en.wikipedia.org/wiki/Human_flesh_search_engine">Human Flesh Search Engine</a>.<b><br /></b></p>
<p><b>Fieldwork Presentations</b>, Groupwork</p>
<p style="text-align: justify; ">To end off the day, participant groups presented findings collated from the prior evening’s fieldwork exercise, in which they were to ask strangers in various public places of Pune questions pertaining to themes looked at from within this year’s Institute. Participants were divided into four groups and visited Pune’s FC Road, Mahatma Gandhi Road, and Central Mall.</p>
<p style="text-align: justify; ">Groups found that the majority of those interviews primarily accessed the phone via the mobile. There was also a common weariness of using the internet and concern for one’s privacy while doing so, especially with uploading photos to Facebook and online financial transactions. People were also generally concerned about using cyber cafes for fear of one’s accounts being hacked. Generally people suspected that so long as conversations are “private” (i.e. in one’s Facebook inbox), so too are they secure. Just as well, those interviewed shared a sense of security with the use of a password.</p>
<hr />
<h1>Day Six</h1>
<p>February 16, 2014</p>
<table class="listing">
<tbody>
<tr>
<td>
<p><b>Time</b></p>
</td>
<td>
<p><b>Detail</b></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">9.30 a.m. – 11.00 a.m.</p>
</td>
<td>
<p>Wikipedia: Dr. Abhijeet Safai</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.00 a.m. – 11.15 a.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.15 a.m. – 12.45 p.m.</p>
</td>
<td>
<p>Open Access: Muthu Madhan (TBC)</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">12.45 p.m. – 1.30 p.m.</p>
</td>
<td>
<p>Lunch</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">1.30 p.m. – 3.00 p.m.</p>
</td>
<td>
<p>Case Studies Groupwork</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.00 p.m. – 3.15 p.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.15 p.m. – 4.45 p.m.</p>
</td>
<td>
<p>Case Studies Presentations</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">As the Institute came closer to its end, participants got the opportunity to hear from speakers on topics pertaining the Wikipedia editing in addition to Open Access to scholarly literature. Participants also worked together in groups to examine specific case studies referenced in previous sessions, and then presented their conclusions.</p>
<p style="text-align: justify; "><b>Wikipedia</b>, Dr. Abhijeet Safai<br />The Institute was joined by Medical Officer of Clinical Research at Pune’s Symbiosis Centre of Health Care, <b>Dr. Abhijeet Safai</b>, who led a session on Wikipedia. Having edited over 3700 Wikipedia articles, Dr. Abhijeet was able to bring forth his expertise and familiarity in editing Wikipedia to participants so that they would be able to do the same. Introduced within this session were Wikipedia’s different fundamental pillars and codes of conducts to be complied with by all contributors, along with different features and components of Wikipedia articles that one should be aware of when contributing, such as how to cite sources and discuss the contents of an article with other contributors.</p>
<p style="text-align: justify; "><b>Open Access</b>, Muthu Madhan<br /><b>Muthu Madhan</b> joined the Internet Institute while speaking on Open Access (OA) to scholarly literature. Within his session, Muthu examined the historical context within which the scholarly journal had arisen and how the idea of Open Access began within this space. The presence of Open Access in India and other developing nations was also examined in this session, and the concept of Open Data, introduced.</p>
<p style="text-align: justify; "><b>Case Studies</b>, Groupworks</p>
<table class="invisible">
<tbody>
<tr>
<td><img src="https://cis-india.org/home-images/11.JPG/image_preview" alt="Pune_Group2" class="image-inline image-inline" title="Pune_Group2" /><br /></td>
<td><img src="https://cis-india.org/home-images/8.JPG/image_preview" alt="Pune_Group" class="image-inline image-inline" title="Pune_Group" /><br /></td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">Participants were split up into groups and assigned particular case studies looked at briefly in previous sessions. Case studies included <a href="http://siditty.blogspot.in/2009/11/things-darkies-say.html"><i>#thingsdarkiessay</i></a><i>,</i> a once trending Twitter hashtag in South Africa which had offended many Americans for its use of “darkie” as a derogatory term; the literary novel, <a href="http://en.wikipedia.org/wiki/The_Hindus:_An_Alternative_History"><i>The Hindus</i></a>, which offers an alternative narrative of Hindu history had been banned in India for obscenity; a case in which several users’ avatars had been controlled by another in a virtual community and forced to perform sexual acts, referred to as <a href="http://en.wikipedia.org/wiki/A_Rape_in_Cyberspace"><i>A Rape Happened in Cyber Space</i></a>; and lastly, a pornographic submission website, <a href="http://en.wikipedia.org/wiki/Is_Anyone_Up%3F">Is Anyone Up?</a>, for which content was largely derived from “revenge porn.” Each group then presented on the various perspectives surrounding the issue at hand.<b><br /></b></p>
<p style="text-align: justify; "><b>The Cyborg</b>, Nishant Shah<br />Nishant Shah led an off-agenda session in the evening looking more closely at the notion of the human cyborg. Nishant deconstructs humanity’s relationship to technology, in suggesting that we “think of the human as <i>produced</i> with the technologies… not who <i>produces</i> technology.” Nishant explores the Digital Native as an attained identity for those who, because of technology, restructure and reinvent his or her environment—offline as well as online. Among other ideas shared, Nishant refers to works by Haraway on the human cyborg in illustrating our dependency on technology and our need to care for these technologies we depend on.</p>
<hr />
<h1>Day Seven</h1>
<p>February 17, 2014</p>
<table class="listing">
<tbody>
<tr>
<td>
<p><b>Time</b></p>
</td>
<td>
<p><b>Detail</b></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">9.30 a.m. – 11.00 a.m.</p>
</td>
<td>
<p>Internet Activism: Laura Stein, <i>Associate Professor, University of Texas </i>and <i>Fulbright Fellow<br /></i></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.00 a.m. – 11.15 a.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">11.15 a.m. – 12.45 p.m.</p>
</td>
<td>
<p>Domestic and International Bodies: Chinmayi Arun, <i>Research Director<br /></i></p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">12.45 p.m. – 1.30 p.m.</p>
</td>
<td>
<p>Lunch</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">1.30 p.m. – 3.00 p.m.</p>
</td>
<td>
<p>Participant Presentations</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.00 p.m. – 3.15 p.m.</p>
</td>
<td>
<p>Tea-break</p>
</td>
</tr>
<tr>
<td>
<p align="center" style="text-align: center; ">3.15 p.m. – 4.45 p.m.</p>
</td>
<td>
<p>Hot Question Challenge</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; "><b> </b>The last day of the week-long Internet Institute examined concepts of Internet Activism and Domestic and International Bodies. Some participants led presentations on topics of personal familiarity, before a final wrap-up exercise, calling upon individuals to share any new formulations resulting from the Institute.</p>
<p style="text-align: justify; "><b>Internet Activism</b>, Laura Stein</p>
<table class="invisible">
<tbody>
<tr>
<td><img src="https://cis-india.org/home-images/17.JPG/image_preview" alt="Pune_Laura" class="image-inline image-inline" title="Pune_Laura" /><br /></td>
<td style="text-align: justify; ">Associate Professor from the University of Texas, <b>Laura Stein</b>, spoke on activism on the internet. Laura examined some grassroots organizations and movements taking place on the online and the benefits that the internet brings in facilitating their impact, such as its associated low costs, accessibility and possibility for anonymity. Despite the positive effects catalyzed by the internet, Laura stresses that the “laying field is still unequal, and movements are not simply transformed by technology.” Some of the websites exemplifying online activism that were examined within this session includes the <a href="http://www.itgetsbetter.org/">It Gets Better Project</a>, which aims to give hope to LGBT youth facing harassment, and the national election watch by the <a href="http://adrindia.org/">Association for Democratic Reforms</a>. Additionally, Laura spoke on public communication policy, comparing that of the US and India, and how this area of policy may influence media content and practice.</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; "><b>Domestic and International Bodies</b>, Chinmayi Arun<br />As the Internet Institute’s final speaker, Research Director for Communication Governance at National Law University<i> </i>,<b> Chinmayi Arun</b>, explores the network of factors that affect one’s behavior on the internet—these including: social norms, the law, the markets, and architecture. In referring to Lawrence Lessig’s <a href="http://en.wikipedia.org/wiki/Pathetic_dot_theory">pathetic dot theory</a>, Chinmayi illustrates how individual’s—the pathetic dots in question—are functions of the interactions of these factors, and in this sense, regulated, and stresses the essential need to understand the system, in order to effectively change the dynamics within it. It is worth noting that not all pathetic dots are equal, and Google’s dot, for example, will be drastically bigger than a single user’s, having more leveraging power within the network of internet bodies. Also demonstrated, is the fact that we must acknowledge the need for regulation by the law to some extent, otherwise, the internet would be a black box where anything goes, putting one’s security at risk of violation.</p>
<p style="text-align: justify; "><b>Hot Question Challenge</b><br />The very last exercise of the Institute entailed participants asking each other questions on demand, relating back to different themes looked at within the last week. Participants had the chance, here, to bridge together concepts across sessions, as well as formulate their own opinions, while posing questions to others that they, themselves, were still curious about.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/DSC_0371.JPG/image_large" alt="Pune_Everyone" class="image-inline image-inline" title="Pune_Everyone" /></p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/institute-for-internet-society-2014-pune'>https://cis-india.org/telecom/blog/institute-for-internet-society-2014-pune</a>
</p>
No publishersamanthaAccess to KnowledgeDigital NativesTelecomResearchers at WorkWikipediaAccessibilityInternet GovernanceFeaturedWikimediaOpennessHomepage2014-04-07T11:31:23ZBlog EntryMultimedia Storytellers: Panel Discussion
https://cis-india.org/digital-natives/making-change/multimedia-storytellers
<b>This post brings three storytellers together to find points of intersection between their methods. The format will be that of a panel discussion and it features: Arjun Srivathsa from Pocket Science India, Ameen Haque from the Storywallahs, and Ajay Dasgupta from The Kahani Project. They discuss technology, interpretation and action in storytelling. </b>
<pre>CHANGE-MAKERS: Arjun Srivathsa, Ameen Haque and Ajay Dasgupta
ORGANIZATIONS:Pocket Science India, The Storywallahs and The Kahani Project
METHOD OF CHANGE: Storytelling</pre>
<p align="justify">Over the last couple of weeks, I had the privilege of interviewing three storytellers. What struck me the most, besides from their fascinating ideas about storytelling, was how many of their ideas overlapped. As much as I would love to sit all of them in the same room and enjoy the fireworks, there are a number of logistical constraints that shut my storyteller reunion daydreams down; so for this post, I decided to be a self-appointed liaison between you and them. I will mimic this discussion by putting my conversations with them side by side, in the format of a panel discussion. Their interaction will have to happen in the realm of your imagination.</p>
<p align="justify">The questionnaire I used for my interviews was open-ended. I was curious to hear what they wanted to share about their work, as opposed to filtering and steering the conversation in a certain direction; so I let them take their own turn. While I clearly inquired about the relationship between storytelling and making change, it was fascinating to see each storyteller reach the question of ‘social impact' through different channels; testimony of the influence of their education and professional backgrounds in their work.</p>
<p align="justify">If I were to bring them together, the topic of the discussion would be: '<strong>Technology, Interpretation and Action in Storytelling</strong>'. We briefly discussed mediation and semiotics<strong><a name="fr1" href="#fn1">[1]</a></strong> in the <a href="https://cis-india.org/digital-natives/making-change/storytelling-performance#pre-production">Pre-Production</a> section of the <a href="https://cis-india.org/digital-natives/making-change/storytelling-performance">Storytelling as Performance</a> post. We mentioned then:</p>
<p align="justify" class="callout"><em>"mediums are combined to enhance the visibility of the message and the power of the experience of stories. [...] Each medium: video, audio, text, music, etc.- becomes “a new literate space” or “symbolic tool” storytellers use to portray narratives about the self, community and society (Hull, 2006)”</em></p>
<em>
</em>
<p align="justify">These thoughts were triggered by the work of the French philosopher, <a href="http://plato.stanford.edu/entries/ricoeur/">Paul Ricoeur</a>, who considers our self-identity a result of sign mediation and interpretation. Other themes in his work include: discourse and action, temporality, narrative and identity; also useful and relevant when exploring how storytelling and reality intersect. For example, how does building a narrative develop into a discourse that mirrors our context and existence? How does the medium chosen to carry this narrative define the language system of our discourse? Finally, let’s not forget this discussion is happening amid the digital question: how does the mediation of digital technologies enable or constrain our narratives of change?</p>
<p align="justify">Against this background, I would like to propose a discussion around five points of intersection that came up organically* during my conversations with them.</p>
<blockquote>
<p>a)<strong> The power of storytelling</strong>: <br />What makes it a powerful vehicle of communication? How does this practice break from more traditional strategies of information dissemination?</p>
<p>b) <strong>Storytelling as a vehicle to make change: <br /></strong>How does the practice of storytelling intervene in the social imagination of its audience? Is it the experience or the content of stories what drives the message of change forward? Where does change happen: at the value, behavioral, community or macro level?</p>
<p>c)<strong> The role of technology in storytelling:</strong> <br />What is the part technology plays in storytelling vis-a-vis traditional storytelling? Is it a static infrastructure or does it shape the force and direction of the story? How does technology influence and impact their work</p>
<p>d) <strong>Translating awareness to action through stories: </strong><br />Can you guarantee the ideas and values imbued by the story will translate into action in the public space?</p>
<p>e)<strong> Influence of stories on citizenship and political participation:</strong> <br />Can the power of stories be leveraged to instill a sense of responsibility in the audience?</p>
<p align="justify" class="discreet">* With the exception of Arjun Srivathsa, who addressed these points in a conference I attended. He later responded to a questionnaire in which I inquired about the intersections specifically.</p>
</blockquote>
<h2 align="justify">Introductions<br /></h2>
<p align="justify">We first have <strong>Arjun Srivathsa</strong>. He has a Masters in Wildlife Biology and Conservation and currently works as a Research Associate for the Centre for Wildlife Studies (CWS India). In tandem, he started Pocket Science India, an initiative that combines wildlife science with art and cartoons to promote conservation in India and disseminate information from scientific journal articles. He aims to bridge the gap between the work of scientists and people using art and humour.</p>
<p class="callout">
<strong>Arjun:</strong> I find the world of science and scientists very cool. Finding new things, discovering and inventing ways to understand the world better is an awesome way of life. I chose a career in science for this reason, second only to my love for nature and wildlife. But the essence of science, according to me, is not just to discover, but also to communicate. Even though wildlife research in India has progressed massively in the past few decades, the only notion people have is that of exaggerated scenes from television documentaries. When I discovered that most of the work by Indian scientists on wildlife and conservation of India is making no difference to people (mostly because they are unaware), I decided to use the easiest way to bridge the gap: through humour and art.</p>
<p align="justify">Second speaker<strong> </strong>is<strong> Ameen Haque</strong> from <a href="http://www.thestorywallahs.com/">The Storywallahs</a>. In what he calls his past life, he worked for 18 years in Advertising and Brand Strategy Consulting. Ameen also has a background in theatre and now works as as storyteller for The Storywallahs.</p>
<p align="center"><iframe src="//www.youtube.com/embed/F8U5HAI-0TI" frameborder="0" height="315" width="420">&amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;lt;/center&amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;gt;</iframe></p>
<p align="justify">Finally, we have <strong>Ajay Dasgupta</strong>, the founder of <a href="http://thekahaniproject.org/">The Kahani Project</a>, who also has a background in theatre and believes listening to stories is a fundamental right of children. His team works to capture stories in audio format and make them accessible.</p>
<iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144633144&color=00aabb&auto_play=false&hide_related=false&show_artwork=true" frameborder="no" scrolling="no" height="166" width="100%"></iframe>
<p>I will now invite them to share their thoughts on the points described above. Each panelist will respond to the questions using<strong> a different medium</strong>: Arjun will comment with text and images, Ameen will comment with video and Ajay will comment using audiobytes. The idea is for each storyteller to use the medium and language they use for their own storytelling: cartoons, body language and audio respectively, as we explore how this choice mediates how they conceptualize change. I will act as a moderator and comment on common themes in the light of Paul Ricoeur’s characteristics of narratives.</p>
<h2>1. The Power of Storytelling<br /></h2>
<h3>What makes it a powerful vehicle of communication?</h3>
<p> </p>
<h2></h2>
<div class="pullquote"><span id="docs-internal-guid-10dcb36e-642b-76be-1e09-54a2a3103a5c">“narrative attains full significance when it becomes a condition of temporal existence” Time and Narrative<br /></span></div>
<div><span id="docs-internal-guid-10dcb36e-642b-76be-1e09-54a2a3103a5c"></span></div>
<p align="justify">The first characteristic of narratives according to Ricoeur is:<strong> the ability to bring independent elements and episodes together into a plot within a specific context and time</strong>. The relationship between time and narrative is addressed by the philosopher in his work <em>'Oneself as Another</em>,' in which he frames narratives as the most 'faithful articulations of human time'. This leads to an understanding of time as a framework where we can locate unique events and patterns, trajectories and sequences. Our three storytellers comment on how stories are an effective mean to communicate information, and how this information resonates because it can be located in the frame of our human existence.</p>
<p class="callout">
<strong>Arjun:</strong> Storytelling really is the nascence of any communication technique. As kids we were all told stories with bees and birds, which spoke and thought. The moral life lessons and similar “information” were served to us on these fascinating platters.</p>
<div align="center"> <img src="https://cis-india.org/home-images/1524964_614398581930298_1037858013_n.jpg/image_preview" alt="Pocket Science 1" class="image-inline image-inline" title="Pocket Science 1" /></div>
<div align="center">
<div align="center"><span id="fbPhotoSnowliftCaption" class="fbPhotosPhotoCaption"><span class="hasCaption"><em>Dugongs are closely related to whales and dolphins. They are peaceful mammals that swim around gracefully and feed on sea grass. <br />They are categorized as “VULNERABLE” because there are not too many of them left in the world. </em>
</span></span></div>
<span id="fbPhotoSnowliftCaption" class="fbPhotosPhotoCaption"><span class="hasCaption">
<p align="center">Find full cartoon <a href="https://www.facebook.com/photo.php?fbid=614398581930298&set=a.614397888597034.1073741836.609687355734754&type=1&theater">here</a></p>
</span></span></div>
<p class="callout">At some point in life, we all seem to stop appreciating the power of storytelling. Plain reporting of information has been done to death. Even an amazing discovery written as a formal report will fail to excite audience. It is time we all get back to appreciating stories. They sell. Movies generally do better than documentaries don’t they?</p>
<p align="justify"><strong>Ameen:</strong></p>
<p align="center"><iframe src="//www.youtube.com/embed/Q5fphRoT-2k" frameborder="0" height="315" width="420"></iframe></p>
<p align="justify"> </p>
<p><strong>Ajay:</strong></p>
<p align="center"><iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144633135&color=00aabb&auto_play=false&hide_related=false&show_artwork=true" frameborder="no" scrolling="no" height="166" width="100%"></iframe></p>
<h2>2. Storytelling as a vehicle to make change</h2>
<h3> How and where does change happen?</h3>
<p> </p>
<div class="pullquote">“All action is in principle interaction [...] change happens through interaction, as others are also encouraged to change” From Text to Action</div>
<p style="text-align: justify;" dir="ltr">The second characteristic of narratives is how the <strong>episodes in our narratives involve contingencies that will be shaped and reformulated through the development of the story</strong>. The narratives are constructed in such a way that induce us to imagine possible events in the future and how we would act in said circumstances. This characteristic is supported by Ricoeur's understanding of the <a href="http://plato.stanford.edu/entries/ricoeur/#3.2">'self' as an 'agent'</a>, who can act and influence causation by taking initiative or interfering<strong><a name="fr1" href="#fn1">[2]</a></strong> in the story. Even if the listener cannot necessarily influence the outcome of the story (unless it is participatory storytelling), it triggers thoughts about its capability to act and its ability to change future realities, as he imagines himself n the situation of its characters. This out-of-body experience is what turns story into experience.</p>
<p style="text-align: justify;" dir="ltr">Our storytellers comment on how stories can influence and activate our agency and enable listeners to act towards creating change.</p>
<p class="callout"><strong>Arjun: </strong>Of course! Like I said, it is easier to influence people when you are not being preachy. Storytelling sidesteps the moral high ground that change makers are often blamed to occupy and takes a pleasantly shrewd path, as silly as it may sound.</p>
<table class="plain">
<thead>
<tr>
<th>
<div align="center"><img src="https://cis-india.org/home-images/PS.jpg/image_preview" alt="Pocket Science 4" class="image-inline image-inline" title="Pocket Science 4" /></div>
</th>
<th>
<div align="center"><img src="https://cis-india.org/home-images/PSI2.jpg/image_preview" alt="PSI2" class="image-inline image-inline" title="PSI2" /></div>
</th>
</tr>
</thead>
<tbody>
<tr>
<td>
<em> </em><em><span id="fbPhotoSnowliftCaption" class="fbPhotosPhotoCaption"><span class="hasCaption">#2:
Increase in wildlife tourism has been brought about by the increasing
population of the ‘Tourist’. This species is easy to recognize (see
figure). The species has created an ecosystem of its own. It eats any
kind of high or low profile food. Lives in resorts. Seeks charismatic
animals like the tiger. Its daily activity involves excessive use of its
camera. This species facilitates wildlife tourism </span></span></em></td>
<td><span id="fbPhotoSnowliftCaption" class="fbPhotosPhotoCaption"><span class="hasCaption"></span></span><em>#9: Wildlife tourism is an excellent way to
expose people of India and abroad to its rich natural heritage [...] We
definitely need to regulate the number of tourists to avoid crowding in
the forests, but we also need to educate tourists, especially the
first-timers, about wildlife and its conservation. The tourist can be an important tool in conservation –
let’s not let it go waste!</em>"<br /></td>
</tr>
</tbody>
</table>
<p align="center">Find full cartoon <a href="https://www.facebook.com/photo.php?fbid=609780439058779&set=pb.609687355734754.-2207520000.1396426793.&type=3&theater">here</a>.</p>
<p align="justify" class="callout">To the question of where we locate change, it depends on what this change is. Through my work, I often target <strong>individuals and smaller communities</strong> (say students, villagers etc.). I don't necessarily grab my paintbrush and declare that I will change the world. My idea of change is a tailored, targeted and therefore an efficient influence on individuals.</p>
<p align="justify"><strong>Ameen:</strong></p>
<p align="center"><iframe src="//www.youtube.com/embed/GJpeQMltaT4" frameborder="0" height="315" width="420"></iframe></p>
<p align="justify"><strong>Ajay:</strong></p>
<iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144633137&color=00aabb&auto_play=false&hide_related=false&show_artwork=true" frameborder="no" scrolling="no" height="166" width="100%"></iframe>
<h2><br /></h2>
<h2>3. The role of technology in storytelling</h2>
<h3>How does technology influence and impact your work?</h3>
<p> </p>
<p style="text-align: justify;" dir="ltr">Ricoeur’s thoughts on the relationship between text and action, makes us reconsider how we think about ‘<em>text</em>’ and how this reading can be applied to technology. According to him, the distinction between text and action is not at the linguistic, but at the discursive level. This is how he differentiates language from discourse:</p>
<table class="plain">
<thead>
<tr>
<th><br /></th>
<th>Language<br /></th>
<th>Discourse<br /></th>
</tr>
</thead>
<tbody>
<tr>
<td>Structure</td>
<td>A system: timeless and static<br /></td>
<td>Located at a given time and moment<br /></td>
</tr>
<tr>
<td>Composition</td>
<td>A sequence of signs<br /></td>
<td>A sequence of events that describe, claim and represent the world<br /></td>
</tr>
<tr>
<td>Meaning</td>
<td>Refers to signs<br /></td>
<td>Refers to the world<br /></td>
</tr>
<tr>
<td>Communication</td>
<td>Provides codes for communication. <br />Necessary but not sufficient<br /></td>
<td>Communicates</td>
</tr>
</tbody>
</table>
<p align="justify">Using these working definitions, we can understand the medium as <strong>a language:</strong> a system that provides us with signs and codes for communication. A creative use of language and mediums will hence, enable us to create narratives and produce meaning (which will be generated and negotiated by the audience). Technology is in this case our language, and how each storyteller uses it determines new ways to create meaning: experiences, connections and associations with and within their stories. We now ask them if/how the use of this 'language' mediates and impacts their work.</p>
<p align="justify" class="callout"><strong>Arjun:</strong> Technology is the best facilitator in the realm of my science-art-communication. I depend on it extensively, to first educate myself. Then to create artwork (computer, tablet, smartphone). And then eventually I depend heavily on social media to broadcast my work. I will definitely credit the power of technology for fostering and enabling effective communication.</p>
<div align="center"><img src="https://cis-india.org/home-images/PSI3.jpg/image_preview" alt="PSI3" class="image-inline image-inline" title="PSI3" /></div>
<p align="center"><em># 11: The story of Ajoba was carried far and wide in newspapers, television news and the internet</em>. Find full cartoon <a href="https://www.facebook.com/photo.php?fbid=610114332358723&set=pb.609687355734754.-2207520000.1396426793.&type=3&theater">here</a>.</p>
<p align="justify" class="callout">In my capacity, I feel most confident targeting students and urban youth. But thanks to the power of social media, putting my work out there has grabbed the attention of change-makers who are capable of things that is beyond my scope. This has led to collaborations through which the reach has become wider. Teachers use my art work in their classes, some organisations are using it in forest department buildings to educate visitors, some local groups have translated my work into regional languages.</p>
<p align="justify"><strong>Ameen:</strong></p>
<p align="center"><iframe src="//www.youtube.com/embed/25EAnt1yi94" frameborder="0" height="315" width="420"></iframe></p>
<p align="justify"><strong>Ajay:</strong></p>
<iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144633141&color=00aabb&auto_play=false&hide_related=false&show_artwork=true" frameborder="no" scrolling="no" height="166" width="100%"></iframe>
<h2><br /></h2>
<h2>4. Translating awareness into action through stories<br /></h2>
<h3>Can you guarantee the ideas and values imbued by the story translate into action in the public space?</h3>
<p> </p>
<div class="pullquote"> “what must be the nature of action...if it is to be read in terms of change in the world?” From Text to Action</div>
<p id="docs-internal-guid-10dcb36e-6935-a65e-1136-120c46ff2174" style="text-align: justify;" dir="ltr">So far they have told us about the power and content of stories. However, we have yet to find out what is it in stories that make listeners translate fiction into real life action. Ricoeur's final characteristic of narratives points us in the direction of empathy and interpretation.</p>
<p style="text-align: justify;" dir="ltr">Like discourse, action is open to interpretation. He posits t<strong>hat characters of our stories rise to the status of ‘persons’ when we evaluate their actions, including their doings and sufferings</strong>. This ethical verdict determines the identity of the character in the eyes of the audience (above any other physical or emotional characteristics) and this is what ultimately adds meaning to the events of the story, as it inspires the audience to emulate or reject this behavior through their actions.</p>
<p style="text-align: justify;" dir="ltr">We asked our storytellers their thoughts on how to translate stories' messages into meaningful action, or if it was even possible to guarantee this transition to begin with:</p>
<p align="justify" class="callout"><strong>Arjun:</strong> I don’t [know]. One never does, I feel. But a lot of good awareness programs have made me change little things in my life. The people or groups who initiated those campaigns don't know of this, do they? This is somewhat similar. I believe that even if ONE person in the thousand who view my work gets influenced into making little changes, then it was worth my time and effort.</p>
<p align="justify"><strong>Ameen:</strong></p>
<p align="center"><iframe src="//www.youtube.com/embed/neFe7kj8dIc" frameborder="0" height="315" width="420"></iframe></p>
<p align="left"><strong><br /></strong></p>
<p align="left"><strong>Ajay: </strong>(Ajay commented on the impact of stories while we were discussing how to gauge the impact of his work. In our first conversation he said:<em> "Change is happening but there are no tests that can measure it and quantify it.</em>" and he elaborates on this idea below:)</p>
<iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144633138&color=00aabb&auto_play=false&hide_related=false&show_artwork=true" frameborder="no" scrolling="no" height="166" width="100%"></iframe>
<p align="left"> </p>
<h2 align="left">5. Influence of stories on citizenship and political participation<br /></h2>
<h3>Can the power of stories be leveraged to instill a sense of responsibility in the audience?</h3>
<div class="pullquote"><br />"You can only achieve power in common by including the opinions of as many people as possible in the discourse"</div>
<p align="justify"> </p>
<p align="justify">Finally, as stated in the brief of the project on methods for change, we are also interested in defining how political participation should be manifested in the public space. Ricoeur frames political action as a result of discourse and political deliberation.For a brief discussion of the relationship between storytelling and our political identity visit <a href="https://cis-india.org/digital-natives/making-change/storytelling-performance-2">Part 2 of Storytelling as Performance</a>.)</p>
<p align="justify">This last section captures the storytellers' point of view on how stories may affect our sense of citizenship and political responsibility.</p>
<p align="left" class="callout"><strong>Arjun</strong>: We are living in a society which is becoming increasingly insensitive and arrogant. There seems to be no time to stop and see the big picture: what are we doing? are our demands and lifestyles sustainable? Is the future generation secure? Impacts of our actions on the natural world.</p>
<table class="plain">
<tbody>
<tr>
<td><img src="https://cis-india.org/home-images/1511040_609776472392509_490391694_n.jpg/image_preview" alt="Pocket Science 2" class="image-inline image-inline" title="Pocket Science 2" /></td>
<td><img src="https://cis-india.org/home-images/copy_of_1533944_609777242392432_1081033930_n.jpg/image_preview" alt="Pocket Science 3" class="image-inline image-inline" title="Pocket Science 3" /></td>
</tr>
<tr>
<td> <span id="fbPhotoSnowliftCaption" class="fbPhotosPhotoCaption"><span class="hasCaption">#1: Most of us love seafood. And why shouldn't we? It tops the charts as some of the most delicious delicacies in the world! It so happens that we rarely think about what goes on
“behind-the-scenes” and take many things for granted. The story behind
how food reaches your plate is quite a scary one!</span></span></td>
<td> <span id="fbPhotoSnowliftCaption" class="fbPhotosPhotoCaption"><span class="hasCaption">#12: So next time you feel like a getting a seafood dinner, do it with some perspective.</span></span></td>
</tr>
</tbody>
</table>
<div align="center">Find full cartoon <a href="https://www.facebook.com/media/set/?set=a.609776052392551.1073741831.609687355734754&type=1">here</a></div>
<strong>Ameen:</strong>
<p> </p>
<p align="center"><iframe src="//www.youtube.com/embed/lO0y0QZ3vhQ" frameborder="0" height="315" width="420"></iframe></p>
<p> </p>
<p><strong>Ajay</strong>:</p>
<iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144633136&color=00aabb&auto_play=false&hide_related=false&show_artwork=true" frameborder="no" scrolling="no" height="166" width="100%"></iframe>
<p> </p>
<h2>Closing Remarks</h2>
<p align="justify">I hope you enjoyed reading, watching and listening these three wonderful storytellers share their ideas on technology, interpretation and action. The question that remains unresolved is whether the effect of the story is shaped by the use of technology or not. At the end of the day it is the interpretation of stories -more than what it is said and how it is being said- what will determine the sustainability of these intents for change. The answers of our storytellers reinforce the notion that technology is a system, a language, a medium that transports our messages and intentions, but that inherently lacks the ability to provide guarantees for action and sway users into a lifestyle of responsible citizenship the second they pull out from their cartoon, screen or mp3.</p>
<p> The box below includes a quick run through the main ideas discussed throughout the post:</p>
<blockquote>
<p>1. <strong>On the power of storytelling: </strong></p>
<ul><li>Arjun argues that storytelling is the origin of all communication techniques, and this makes it extremely attractive for the public. <br /></li><li>Both Ajay and Ameen bring up the ability to influence behavior, shape the minds of people and transmit experiences, values and beliefs.</li><li>Both also brought up how dominant religions, ideologies, markets governments use storytelling to build movements and sustain their support</li><li>Finally Ajay comments on the issue of access: stories are powerful yet only a small share of stories are being told Hence, the need for this method to become more pervasive.</li></ul>
<br />
<p>2. <strong>Storytelling as a vehicle for change:</strong><br />Each storyteller locates change in different yet complementary spaces:</p>
<ul><li>Arjun believes it must occur at the community level and hence the approach (stories) must be tailored and targeted in order to achieve an effective influence. His approach to change is very contextual.</li><li>Ameen locates it at the behavioral level; in our ability to make decisions and choices. His approach to change is based on how we use information from stories to interact with our surroundings.</li><li>Ajay locates it at the value level: He believes stories should influence us to adjust our values and only then, we will shape our behavior accordingly.</li></ul>
<br />
<p><strong>3. Role of technology:<br /></strong>We approached technology as a 'text' and as a 'language' that creates new possibilities for meaning and interpretation.</p>
<ul><li>For Arjun and Ajay, technology enabled them to connect with other organizations and increased possibilities for partnerships and collaborations. </li></ul>
<ul><li>The three of them believe technology is an accelerator of the journey of stories and that it enables them to reach a larger audience.</li><li>Ameen argued that each medium requires different fluencies, and that the language of each medium should be adapted for the story. For example, a story will be told in different ways if using body language, video, audio, etc. He uses the example of the <a href="https://cis-india.org/digital-natives/making-change/Twitter">Twitter adaption of the Mahabharata.</a><br /></li><li>Ajay closes by noting that although technology enables, it cannot replace the storyteller. <br /></li></ul>
<br />
<p><strong>4. Translating awareness into action</strong></p>
<ul><li>Arjun and Ameen comment on the power of effectively and positively influencing <em>one</em> person. They believe the impact will exponentially spread and grow through that person's network or community.</li><li>Arjun believes you can guarantee it will turn into action.</li><li>Ameen believes you need to move them and inspire them through your characters to the point they feel they can be the hero of that story and act accordingly.</li><li>Ajay takes a more pragmatic approach towards action and shares some of the activities The Kahani Project uses to complement his storytelling sessions, such as: story-thons, story-booths and interactive storytelling, where they engage the audience in the production of their own stories.</li></ul>
<br />
<p><strong>5. Impact of storytelling on citizenship and political participation</strong></p>
<ul><li>Arun and Ajay believe this will come as a result of self-reflection and an evaluation of our impact in the world.</li><li>Ameen believes effective stories transmit the 'responsibility of action' through rhetoric. He uses the example of the popularity of India Against Corruption movement.</li><li>Ajay believes storytelling is a humanizing force that has the power of healing. He recommends institutions should utilize this method to spread confidence and inclusion among society and particularly with excluded groups. <br /></li></ul>
</blockquote>
<h2>Footnotes</h2>
<p align="justify">[<a href="https://cis-india.org/digital-natives/making-change/multimedia-storytellers#fr1" name="fn1">1</a>] Semiotics is defined as the study of signs and symbols and their use or interpretation. It is the study of making meaning and is essential to understand communication processes. While we will not look at any specific semiotics theory, we will focus on how stories create meaning through different signs and mediums, and how this meaning can be leveraged for making change.<br /><br />[<a name="fn1" href="#fr1">2</a>] Refer to Stanford Encyclopedia of Philosophy’s <a href="http://plato.stanford.edu/entries/ricoeur/">page on Paul Ricoeur</a> and the section on ‘Selves and Agents’ to learn more about how action is mediated by causation, interference and intervention. Some interesting thoughts that inspired the above post</p>
<p dir="ltr">“What must be the nature of the world … if human beings are able to introduce changes into it?. Ricoeur adopts the analysis of interference or intervention that G. H. von Wright gives in Explanation and Understanding, and shows that for there to be interference, there must be both: an ongoing anterior established order or course of things and a human doing that somehow intervenes in and disturbs that order. Moreover, interference is always purposeful. Hence an interference is not merely ascribable to an agent. It is also imputable to the agent as the one whose purpose motivates the interference.”</p>
<p>
“The second crucial question about action is “What must be the nature of action … if it is to be read in terms of a change in the world?” Ricoeur argues that every action involves initiative, i.e., “an intervention of the agent of action into the course of the world, an intervention that effectively causes changes in the world” (Oneself as Another, 109, translation modified). Initiative requires a bodily agent possessing specific capabilities and vulnerabilities who inhabits some concrete worldly situation.”</p>
<h2>Sources:</h2>
<p> </p>
<p>Dauenhauer, Bernard and Pellauer, David, "Paul Ricoeur", <em>The Stanford Encyclopedia of Philosophy </em> (Winter 2012 Edition), Edward N. Zalta (ed.),
URL = <http://plato.stanford.edu/archives/win2012/entries/ricoeur/>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/digital-natives/making-change/multimedia-storytellers'>https://cis-india.org/digital-natives/making-change/multimedia-storytellers</a>
</p>
No publisherdenisseMaking ChangeNet CulturesResearchFeaturedResearchers at Work2015-10-24T14:26:51ZBlog EntryReport of the Group of Experts on Privacy vs. The Leaked 2014 Privacy Bill
https://cis-india.org/internet-governance/blog/report-of-group-of-experts-on-privacy-vs-leaked-2014-privacy-bill
<b>Following our previous post comparing the leaked 2014 Privacy Bill with the leaked 2011 Privacy Bill, this post will compare the recommendations provided in the Report of the Group of Experts on Privacy by the Justice AP Shah Committee to the text of the leaked 2014 Privacy Bill. Below is an analysis of recommendations from the Report that are incorporated in the text of the Bill, and recommendations in the Report that are not incorporated in the text of the Bill. </b>
<h2>Recommendations in the Report of the Group of Experts on Privacy that are Incorporated in the 2014 Privacy Bill</h2>
<h3>Constitutional Right to Privacy</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy recommends that any privacy legislation for India specify the constitutional basis of a right to privacy. The 2014 Privacy Bill has done this, locating the Right to Privacy in Article 21 of the Constitution of India.</p>
<h3 style="text-align: justify; ">Nine National Privacy Principles</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy recommends that nine National Privacy Principles be adopted and applied to harmonize existing legislation and practices. The 2014 Privacy Bill also adopts nine National Privacy Principles. Though these principles differ slightly from the National Privacy Principles recommended in the Report, they are broadly the same, and importantly will apply to all existing and evolving practices, regulations and legislations of the Government that have or will have an impact on the privacy of any individual. Presently, the 2014 Privacy Bill locates the nine National Privacy Principles in an Annex to the Bill, but also incorporates the principles in more detail in sections relating to personal data. An analysis of the principles as compared in the Report and the Bill is below:</p>
<ul>
<li style="text-align: justify; "><b>Notice</b>: The principle of notice as recommended by the Report of the Group of Experts on Privacy<b> </b>differs from the principle of notice in the 2014 Privacy Bill. According to the notice principle in the Report, a data controller shall give sample to understand notice of its information practices to all individuals, in clear and concise language, before any personal information is collected from them. Such notices should include: (during collection) What personal information is being collected; Purposes for which personal information is being collected; Uses of collected personal information; Whether or not personal information may be disclosed to third persons; Security safeguards established by the data controller in relation to the personal information; Processes available to data subjects to access and correct their own personal information; Contact details of the privacy officers and SRO ombudsmen for filing complaints. (Other Notices) Data breaches must be notified to affected individuals and the commissioner when applicable. Individuals must be notified of any legal access to their personal information after the purposes of the access have been met. Individuals must be notified of changes in the data controller’s privacy policy. Any other information deemed necessary by the appropriate authority in the interest of the privacy of data subjects. <br /><br />In contrast, the 2014 Privacy Bill requires that all the data controllers provide adequate and appropriate notice of their information practices in a form that is easily understood by all intended recipients. In addition to this principle as listed in an annex, the Bill requires that on initial collection data controllers provide notice of what personal data is being collected and the legitimate purpose for which the personal data is being collected. If the purpose for which the personal data changes, data controllers must provide data subjects with a further notice that would include the use to which the personal data shall be put, whether or not the personal data will be disclosed to at third person and, if so, the identity of such person if the personal data being collected is intended to be transferred outside India and the reasons for doing so; how such transfer helps in achieving the legitimate purpose; and whether the country to which such data is transferred has suitable legislation to provide for adequate protection and privacy of the data; the security and safeguards established by the data controller in relation to the personal data; the processes available to a data subject to access and correct his personal data; the recourse open to a data subject, if he has any complaints in respect of collection or processing of the personal data and the procedure relating thereto; the name, address and contact particulars of the data controller and all persons who will be processing the personal data on behalf of the data controller. Additionally, if a breach of data takes place data controllers must inform the affected data subject that lost or stolen; accessed or acquired by any person not authorized to do so; damaged, deleted or destroyed; processed, re-identified or disclosed in an unauthorized manner.<br /><br />Though the 2014 Privacy Bill requires a more comprehensive notice to be issued if the purpose for the use of personal data changes, it does not specify (as recommended by the Group of Experts on Privacy) that notice of changes to a data controller’s privacy policy be issued.</li>
</ul>
<ul>
<li style="text-align: justify; "><b>Choice and Consent</b>: The principle of choice and consent in the 2014 Privacy Bill is similar to the principle in the Report of the Group of Experts on privacy in that it requires that all data subjects be provided with a choice to provide or not to provide personal data and that data subject will have the option of withdrawing consent at any time. Though not a part of the specific principle on ‘choice and consent’ listed in the annex the 2014 Privacy Bill also contains provisions that address mandatory collection of information which require, as recommended by the Report of the Group of Experts, that the information is anonymoized. Furthermore, the 2014 Privacy Bill provides individuals an opt-in or opt-out choice with respect to the provision of personal data. <br /><br />Different from as recommended in the principle in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill does not specify that in exception cases when it is not possible to provide a service with choice and consent, then choice and consent will not be required.</li>
</ul>
<ul>
<li style="text-align: justify; "><b>Collection Limitation:</b> The principle of collection limitation as recommended in the Report of the Group of Experts on Privacy and the principle of collection limitation in the Annex of the 2014 Privacy Bill are similar in that both require that only data that is necessary to achieve an identified purpose be collected. As recommended in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill also requires that notice be provided prior to collection and content taken. </li>
</ul>
<ul>
<li style="text-align: justify; "><b>Purpose Limitation</b>: Though the principle of Purpose Limitation are similar in the Report of the Group of Experts on Privacy and the 2014 Privacy Bill as they both require personal data to be used only for the purposes for which it was collected and that the data must be destroyed after the purposes have been served, the 2014 Privacy Bill does not specify that information collected by a data controller must be adequate and relevant for the purposes for which they are processed. The 2014 Privacy Bill also incorporates elements from the principle of Purpose Limitation as defined by the Report of the Group of Experts in other parts of the Bill. For example, the 2014 Bill requires that notice be provided to the individual if there is a change in purpose for the use of the personal information, and designates a section on retention of personal data. </li>
</ul>
<ul>
<li><b>Access and Correction</b>: The principle of Access and Correction in the 2014 Privacy Bill reflects the principle of Access and Correction in the Report of the Group of Experts (though not verbatim). Importantly, the 2014 Privacy Bill incorporates the recommendation from the Report of the Group of Experts on Privacy that prohibits access to personal data if it will affect the privacy rights of another individual. </li>
</ul>
<ul>
<li style="text-align: justify; "><b>Disclosure of Information: </b>The principle of ‘Disclosure of Information’ in the Privacy Bill 2014 is similar to the principle of ‘Disclosure of Information’ as recommended in the Report of the Group of Experts on Privacy (though not verbatim). As recommended this principle requires that personal data be disclosed to third parties only if informed consent has been taken from the individual and the third party is bound the adhere to all relevant and applicable privacy principles.</li>
</ul>
<ul>
<li style="text-align: justify; "><b>Security:</b> The principle of security in the 2014 Privacy Bill reflects the principle of Security recommended in the Report of the Group of Experts on Privacy and requires that personal data be secured through reasonable security safeguards against unauthorized access, destruction, use, modification, de-anonymization or unauthorized disclosure.</li>
</ul>
<ul>
<li style="text-align: justify; "><b>Openness:</b> The principle of Openness in the 2014 Privacy Protection Bill is similar to the principle of Openness recommended in the Report of the Group of Experts on Privacy in that it requires data controllers to make available to all individuals in an intelligible form, using clear and plain language, the practices, procedures, and policies, and systems that are in place to ensure compliance with the privacy principles. The principle in the 2014 Privacy Bill differs from the recommendation in the Report of the Group of Experts on Privacy in that it does not require data controllers to take necessary steps to implement practices, policies, and procedures in a manner proportional to the scale, scope, and sensitivity to the data they collect. </li>
</ul>
<ul>
<li style="text-align: justify; "><b>Accountability:</b> The principle of Accountability in the 2014 Privacy Bill is similar to the principle of Accountability as recommended in the Report of the Group of Experts as both require that the data controller is accountable for compliance with the national Privacy Principles. </li>
</ul>
<p style="text-align: justify; "><b>Application to interception and access, video and audio recording, personal identifiers, bodily and genetic material</b>: The Privacy Bill 2014 incorporates the recommendations from the Report of the Group of Experts on Privacy and specifies the way in which the National Privacy Principles will apply to the interception and access of communications, video and audio recording, and personal identifiers. But the 2014 Privacy Bill does not specify the application of the National Privacy Principles to bodily and genetic material (though this information is included in the definition of sensitive personal information).</p>
<p style="text-align: justify; ">With respect to the installation and operation of video recording equipment in a public space, the 2014 Privacy Bill requires that video recording equipment may only be used in accordance with a prescribed procedure and for a legitimate purpose that is proportionate to the objective for which it was installed. Furthermore, individuals cannot use video recording equipment for the purpose of identifying an individual, monitoring his personal particulars, or revealing in public his personal information. The provisions in the Bill that speak to storage, processing, retention, security, and disclosure of personal data apply to the installation and use of video recording equipment. As a note the 2014 Privacy Bill carves out an exception for law enforcement and government intelligence agencies in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India. <br /><br />With respect to the application of the National Privacy Principles to the interception of communications, the 2014 Privacy Bill lays down a regime for the interception of communications and specifies that the principles of notice, choice, consent, access and correction, and openness will apply to the interception of communications when authorised. <br /><br />With respect to Personal Identifiers, the 2014 Privacy Bill notes that the principles of notice, choice, and consent will not apply to the collection of personal identifiers by the government. Additionally, the government will not be obliged to use any personal identifier only for the limited purpose for which the personal identifier was collected, provided that the use is in conformance with the other National Privacy Principles.</p>
<h3 style="text-align: justify; ">Additional Protection for Sensitive Personal Data</h3>
<p style="text-align: justify; ">The <b>Report of the Group of Experts on Privacy</b> broadly recommends that sensitive personal data be afforded additional protection and existing definitions of sensitive personal data should be harmonised. The <b>2014 Privacy Bill</b> incorporates these recommendations by defining sensitive personal data as data relating to physical and mental health including medical history, biometric, bodily or genetic information; criminal convictions; password, banking credit and financial data; narco analysis or polygraph test data, sexual orientation. The 2014 Privacy Bill also requires authorization from the Data Protection Authority for the collection and processing of sensitive personal data and defines circumstances of when this authorization would not be required including: collection or processing of such data is authorized by any other law for the time being in force; such data has already been made public as a result of steps taken by the data subject; collection and processing of such data is made in connection with any legal proceedings by an order of the competent court; such data relating to physical or mental health or medical history of an individual is collected and processed by a medical professional, if such collection and processing is necessary for medical care and health of that individual; such data relating to biometrics, bodily or genetic material, physical or mental health, prior criminal convictions or financial credit history is processed by the employer of an individual for the purpose of and in connection with the employment of that individual; such data relating to physical or mental health or medical history is collected an processed by an insurance company, if such processing is necessary for the purpose of and in connection with the insurance policy of that individual; such data relating to criminal conviction, biometrics and genetic is processed and collected by law enforcement agencies; such data regarding credit, banking and financial details of an individual is processed by a specific user under the Credit Information Companies (Regulation) Act, 2005; such data is processed by schools or other education institutions in connection with imparting of education to an individual; such data is collected or processed by the government Intelligence agencies in the interest of the sovereignty, integrity, security or the strategic, scientific or economic interest of India, the authority has, by a general or specified order permitted the processing of such data for specific purpose and is limited to the extent of such permission. The 2014 Privacy Bill also prohibits additional transactions from being performed using sensitive personal information unless free consent was obtained for such transaction.</p>
<h3 style="text-align: justify; ">Privacy Officers</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy recommends that Privacy Officers be established at the organizational level for overseeing the processing of personal data and compliance with the Act. This recommendation has been incorporated in the 2014 Privacy Bill, which establishes Privacy Officers at the organizational level.</p>
<h3 style="text-align: justify; ">Co-regulatory Framework</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy recommends that a system of co-regulation be established, where industry levels self regulatory organizations develop privacy norms, which are in turn approved and enforced by the Privacy Commissioner. The 2014 Privacy Bill puts in place a similar co-regulatory framework where industry level self regulatory organizations can develop norms which will be turned into regulations and enforced by the Data Protection Authority. If a sector does not develop norms, the Data Protection Authority can develop norms for the specific sector.</p>
<h2 style="text-align: justify; ">Recommendations in the Report that are not in the Bill</h2>
<h3>Scope</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy recommends that the scope of any privacy framework extends to all individuals, all data processed in India, and all data originating from India. The 2014 Privacy Bill differs from these recommendations by extending the right to privacy to all residents of India, while remaining silent on whether or not the scope of the legislation extends to all data processed in India and all data originating in India. Despite this, the 2014 Bill does specify that any organization that processes or deals with data of an Indian resident, but does not have a place of business within India, must establish a ‘representative resident’ in India who will be responsible for compliance with the Act.</p>
<h3 style="text-align: justify; ">Exceptions</h3>
<p>The Report of the Group of Experts recommends the following as exceptions to the right to privacy:</p>
<ol>
<li>National security</li>
<li>Public order</li>
<li>Disclosure in the public interest </li>
<li>Prevention, detection, investigation, and prosecution of criminal offenses </li>
<li>Protection of the individual and rights and freedoms of others </li>
</ol>
<p>The Report further clarifies that any exception must be qualified and measured against the principles of proportionality, legality, and necessary in a democratic state.</p>
<p style="text-align: justify; ">The Privacy Bill 2014 reflects only the exception of “protection of the individual rights and freedoms of others”. The exceptions as defined in the 2014 Bill are:</p>
<ol>
<li>Sovereignty, integrity or security of India or</li>
<li>Strategic, scientific or economic interest of India; or</li>
<li>Preventing incitement to the commission of any offence; or</li>
<li>Prevention of public disorder; or</li>
<li>The investigation of any crime; or</li>
<li>Protection of rights and freedoms others; or</li>
<li>Friendly relations with foreign states; or</li>
<li>Any other legitimate purpose mentioned in this Act.</li>
</ol>
<p style="text-align: justify; ">Instead of qualifying these exceptions with the principles of proportionality, legality, and necessary in a democratic state – as recommended in the Report of Group of Experts on Privacy, the 2014 Privacy Bill qualifies that any restriction must be adequate and not excessive to the objectives it aims to achieve.</p>
<h3 style="text-align: justify; ">Constitution of Infringement of Privacy</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy specifies that the publication of personal data for artistic and journalistic purposes in the public interest, disclosure under the Right to Information Act, 2005, and the use of personal data for household purposes should not constitute an infringement of privacy. In contrast the 2014 Privacy Bill specifies that the processing of personal data by an individual purely for his personal or household use, the disclosure of information under the provisions of the Right to information Act, 2005, and any other action specifically exempted under the Act will not constitute an infringement of privacy.</p>
<h3 style="text-align: justify; ">The Data Protection Authority</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy recommends the establishment of Privacy Commissioners (and places emphasis on Privacy Commissioner rather than Data Protection Authority) at the Central and Regional level. The Privacy Commissioner should be of a rank no lower than a retired Supreme Court Judge at the Central level and a retired High Court Judge at the regional level. The privacy commissioner should have the power to receive and investigate class action complaints and investigative powers of the commissioner should include the power to examine and call for documents, examine witnesses, and take a case to court if necessary. The Commissioner should be able to investigate data controllers on receiving complaints or suo moto, and can order privacy impact assessments. Organizations should not be able to appeal fines levied by the Privacy Commissioner, but individuals can appeal a decision of the Privacy Commissioner to the court. The Commissioner should also have broad oversight with respect to interception/access, audio & video recordings, use of personal identifiers, and the use of bodily or genetic material. The Privacy Commissioner will also have the responsibility of approving codes of conduct developed by the industry level SRO’s.</p>
<p style="text-align: justify; ">Differing from the recommendations in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill establishes a Data Protection Authority (as opposed to a Privacy Commissioner) at the Central level. Instead of creating regional Data Protection Authorities, the 2014 Privacy Bill allows for the Central Government to decide where other offices of the Data Protection Authority will be located. Furthermore, the 2014 Privacy Bill does not specify a qualification for the Data Protection Authority and instead establishes a selection committee to choose and appoint a Data Protection Authority. This committee is comprised of a Cabinet Secretary, Secretary to the Department of Personnel and Training, Secretary to the Department of Electronics and Information Technology, and two experts of eminence from relevant fields that will be nominated by the Central Government.</p>
<p style="text-align: justify; ">The 2014 Privacy Bill does not specify that fines ordered by the Data Protection Authority will be binding for organizations, but does allow individuals to appeal decisions of the Data Protection Authority to the Appellate Tribunal. Differing from the recommendations in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill gives the Data Protection Authority the power to call upon any data controller at any time to furnish in writing information or explanation relating to its affairs, and receive and investigate complaints about alleged violations of privacy of individuals in respect of matters covered under this Act, conduct investigations and issue appropriate orders or directions to the parties concerned. Furthermore, the 2014 Privacy Bill does not specify that the Data Protection Authority will carry out privacy impact assessments, but the Authority can conduct audits of any or all personal data controlled by a data controller, can investigate data breaches, investigate in complaint received, and adjudicate on a dispute arising between data controllers or data subjects and data controllers. Unlike the recommendations in the Report of the Group of Experts on Privacy, it does not seem that the Data Protection Authority will play an overseeing role with respect to interception, the use of video recording equipment, personal identifiers, and the use of bodily and genetic material.</p>
<h3 style="text-align: justify; ">Tribunal and System of Complaints</h3>
<p style="text-align: justify; ">Differing from the recommendation in the Report of the Group of Experts on Privacy, which specified that a Tribunal should not be established as under the Information Technology Act as there is the risk that the institutions will not have the capacity to rule on a broad right to privacy, the 2014 Privacy Bill does establish a Tribunal under the Information Technology Act. The Report of the Group of Experts on Privacy also recommended that complaints be taken to the district level, high level, and Supreme Court – whereas the 2014 Privacy Bill allows individuals to appeal decisions from the Tribunal only to a High Court. Similar to the recommendations of the Report of the Group of Experts, the 2014 Privacy Bill has in place Alternative Dispute Resolution mechanisms at the level of the industry self regulatory organization. The 2014 Privacy Bill also specifies that individuals can seek civil remedies and leaves the issuance of compensation for privacy harm to be from a Court. Unlike the recommendations in the Report of the Group of Experts on Privacy, the 2014 Privacy Bill does not specify that the Data Protection Authority will be able to take a case to the court.</p>
<h3 style="text-align: justify; ">Penalties and Offenses</h3>
<p style="text-align: justify; ">The Report of the Group of Experts on Privacy did not provide specific recommendations for types of offences and penalties, but did suggest that offenses similar to those spelled out in the UK Data Protection Act and Australian Privacy Act be adopted – namely non-compliance with the privacy principles, unlawful collection, processing, sharing/disclosure, access, and use of personal data, and obstruction of the privacy commissioner. The 2014 Privacy Bill does create offenses for the unlawful collection, processing, sharing/disclosure, access, and use of personal data, but does not create offenses for obstruction of the privacy commissioner or broad non-compliance with the privacy principles.</p>
<h3 style="text-align: justify; ">Conclusion</h3>
<p style="text-align: justify; ">The Centre for Internet and Society welcomes the similarities between the recommendations in the Report of the Group of Experts on Privacy and the leaked 2014 Privacy Bill, but would recommend that on areas where there are differences, particularly in the scope of the Privacy Bill and the powers and functions of the Data Protection Authority, the 2014 Bill be brought in line with the recommendations from the Report of the Group of Experts on Privacy.</p>
<p style="text-align: justify; ">In the upcoming post, we will be comparing the text of the leaked 2014 Privacy Bill to international best practices and standards.</p>
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<p><b>References</b></p>
<ol>
<li><a href="https://cis-india.org/internet-governance/blog/leaked-privacy-bill-2014-v-2011/" class="external-link">Leaked Privacy Bill: 2014 vs. 2011 </a></li>
<li><a class="external-link" href="http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf">Report of the Group of Experts on Privacy</a></li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/report-of-group-of-experts-on-privacy-vs-leaked-2014-privacy-bill'>https://cis-india.org/internet-governance/blog/report-of-group-of-experts-on-privacy-vs-leaked-2014-privacy-bill</a>
</p>
No publisherelonnaiFeaturedInternet GovernancePrivacy2014-04-14T06:10:20ZBlog EntryBanking Policy Guide
https://cis-india.org/internet-governance/blog/banking-policy-guide
<b>To gain a practical perspective on the existing banking practices and policies in India in this project, an empirical study of five separate and diverse banks has been conducted. The forms, policy documents, and other relevant and available documents of these banks have been analysed in this project.</b>
<p style="text-align: justify; ">These documents were obtained from the websites of the respective banks, and wherever they were lacking, from the branches of the banks themselves. Attempts were made to obtain any information required for the project that was not available on the website or in the forms from the officers of the respective banks.</p>
<p style="text-align: justify; ">The State Banks of India (hereinafter ‘SBI’), Central Bank of India (hereinafter ‘CBI’), ICICI Bank (hereinafter ‘ICICI’), IndusInd Bank (hereinafter ‘IndusInd’) and Standard Chartered Bank (hereinafter ‘SCB’) are the banks chosen for this project. As mentioned, these banks have been chosen to ensure a diverse sample pool. SBI is an Indian public multinational bank, CBI is an Indian public bank and it is not multinational, ICICI is an Indian private and multinational bank, IndusInd is an Indian private bank which isn’t multinational, and SCB is a British bank operating in India.</p>
<p style="text-align: justify; ">The forms and other documents of each of the banks have been compared against a template of twenty nine questions created from the nine principles given in <a class="external-link" href="http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf">Justice A.P. Shah Group of Experts’ Report on Privacy</a>.</p>
<p style="text-align: justify; ">The two services provided by these banks that have been analysed are Opening an Account and Taking out a Personal Loan. This comparison has been done keeping in mind the obligations of the banks under the Master Circular and the KYC Norms detailed in it, Code of Conduct, and the Rules under Section 43A of the IT Act. Attempts have been made to clarify the basis of the response as much as possible. An analysis of the obligations of the banks is present below, along with an explanation of the relevance of various parts of the two services that are analysed.</p>
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<p style="text-align: justify; ">Click to download:</p>
<ol>
<li><a href="https://cis-india.org/internet-governance/blog/banking-policy-guide.pdf" class="internal-link">Banking Policy Guide</a></li>
<li><a href="https://cis-india.org/internet-governance/blog/banking-policy-guide.xlsx" class="internal-link">Banking Practices</a></li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/banking-policy-guide'>https://cis-india.org/internet-governance/blog/banking-policy-guide</a>
</p>
No publisherKartik ChawlaBankingFeaturedInternet GovernancePrivacy2015-01-22T14:54:57ZBlog Entry