Centre for Internet and Society

Kashmir’s information vacuum

Aayush Rathi and Akriti Bopanna — 2019-09-02T04:34:29Z

Legislative backing is being appropriated to normalise communication shutdowns.

The article by Aayush Rathi and Akriti Bopanna was published in the Hindu on August 29, 2019.

On August 4, around midnight, Jammu and Kashmir was thrust into a near total communication shutdown. In the continuing aftermath of the dilution of Article 370, cable television, cellular services, landline and Internet and even the postal services have been rendered inoperational. Even hospitals and fire stations have not been spared. While law enforcement personnel have been provided satellite phones, locals are having to queue up outside designated government offices and register the numbers they want to call. The blackout is all encompassing.

The erstwhile State of Jammu and Kashmir is accustomed to the flicking on of the “Internet killswitch”, but this indiscriminate embargo is unprecedented. The blocking of multi-point/two-way communication is quite frequent in Kashmir, with close to 55 instances of partial or complete Internet shutdowns being recorded just this year. Of the 347 cases of shutdown that have been imposed in India since 2012, 51% have been in Kashmir. The blocking of one-way communication media, such as cable television, however, is new. Even the measures adopted during the Kargil war in 1999 stopped short of blocking telephone lines.

Appearing for the incumbent government on a petition challenging the communications shutdown in Kashmir, the Attorney General of India, K.K. Venugopal, made the necessary-for-law-and-order argument.

However, recent research by Jan Rydzak looking exclusively at network shutdowns in India has shown no evidence backing this claim. On the contrary, network shutdowns have been shown to compel actors wanting to engage in collective action to substitute non-violent mobilisation for more violent means as the latter requires less coordination.

In dubious company

Network shutdowns have a limited and inconsistent effect on even structured, non-violent protests. Cross-country comparative research indicates that the shutdown of communication for achieving objectives of social control is usually the riposte of authoritarian regimes. The shroud of secrecy it creates allows for further controversial measures to be effected away from public scrutiny. Authoritarian regimes masquerading as liberal democracies are following suit. In 2016, the Turkish government had ordered the shutdown of over 100 media companies in the aftermath of a failed military coup. Earlier this year, Joseph Kabila’s government in the Democratic Republic of Congo had shut down Internet and SMS services for three weeks under the pretext of preventing the circulation of fake election results.

Mr. Venugopal further reassured the Supreme Court that the residents of Kashmir would experience the least amount of inconvenience. This line assumes that the primary use of telecommunication networks is for supposedly banal interpersonal interaction. What is forgotten is that these networks function both as an “infrastructure” and as medium of communication. Impacting either function has dire and simultaneous consequences on its use as the other. As an infrastructure, they are akin to a public utility and are foundational to the operation of critical systems such as water supply and finance.

In the Kashmir Valley, over half the business transactions are said to happen online. The payment of wages for the government-run employment guarantee scheme for unskilled manual labour is almost entirely made electronically — 99.56% in Jammu and Kashmir. The reliance on the Internet for bank-related transactions has meant that automated teller machines and banks are inoperative. What is telling is that the increasing recourse to network shutdowns as a law and order tool in India is also happening simultaneously with the government’s digitisation drive. Information flows are being simultaneously facilitated and throttled.

Ambiguous backing

Moreover, communication shutdowns have ambiguous legal backing. One approach imposes them as an order passed under Section 144 of the Code of Criminal Procedure. A colonial relic, Section 144 is frequently used for the imposition of curfew in ‘sensitive’ areas as a preventive measure against public demonstrations. This approach lacks procedural accountability and transparency. Orders are not mandated to be publicly notified; they do not identify the duration of the lockdown or envision an appeal mechanism.

Perhaps realising these challenges, the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, notified under the Telegraph Act, do incorporate a review mechanism. However, reviewing officials do not have the authority to revoke a shutdown order even if it is deemed illegal. The grounds for effectuating any shutdown also have not been elaborated other than for ‘public emergency’ or ‘public safety’ — both these terms are undefined. Legislative backing, then, is being appropriated to normalise, not curb, communication shutdowns. Tellingly, the owner of an Internet service provider in Kashmir pointed out that with Internet shutdowns becoming so common, often the shape that an order takes is of a call from a government official, while the procedural documentation follows much later.

Treated as collateral damage in imposing communication blackouts are the fundamental freedoms of speech and expression, trade, and also of association. The imposition of Section 144 along with the virtual curfew is designed to restrict the freedom to assemble peacefully. Such preemptive measures assume that any assembly will be violent along with negating the potential utility of technological means in maintaining social order (such as responsible digital journalism checking the spread of rumours).

Most critically, this enables a complete information vacuum, the only salve from which is information supplied by the suppressor. Of the days leading up to August 5 and the days since, sparse information is publicly available. Local newspaper outlets in Kashmir are inoperational. This lack of information necessarily precludes effective democratic participation. Beneath the national security sentiments, a key motivation for network shutdown presents itself: that of political censorship through the criminalisation of dissent.

For more details visit https://cis-india.org/internet-governance/blog/the-hindu-august-29-2019-aayush-rathi-and-akriti-bopanna-kashmirs-information-vacuum

Submission to Global Commission on Stability of Cyberspace on the definition of Cyber Stability

Arindrajit Basu and Elonnai Hickok — 2019-09-11T14:52:25Z

"The Global Commission on the Stability of Cyberspace released a public consultation process that sought to solicit comments and obtain feedback on the definition of “Stability of Cyberspace”, as developed by the Global Commission on the Stability of Cyberspace (GCSC).

The definition of cyberspace the GCSC provided was :

Stability of cyberspace is the condition where individuals and institutions can be reasonably confident in their ability to use cyberspace safely and securely, where the availability and integrity of services in cyberspace is generally assured, where change is managed in relative peace, and where tensions are resolved in a peaceful manner.

CIS gave detailed commentary on the definitions [attached] and suggested a new definition of cyber stability documented below:

Stability of cyberspace is the objective where individuals, institutions and communities are confident in the safety and security of cyberspace; the accessibility,availability and integrity of services in cyberspace can be relied upon and where change is managed and tensions ranging from external interference in sovereign processes to the use of force in cyberspace are resolved peacefully in line with the tenets of International Law,specifically the principles of the UN Charter and universally recognised human rights.

Cyber stability can only be fostered if key stakeholders in cyberspace conform to a due diligence obligation of not undertaking and preventing actions that may prevent cyber stability. The end goal of cyber stability must minimize or eliminate immaterial or peripheral incentives while preserving and potentially legitimizing those cyber offensive operations that can further effective deterrence and thereby foster stability, while also minimising any collateral damage to civilian life or property.

Click to view the detailed submission here

For more details visit https://cis-india.org/internet-governance/blog/arindrajit-basu-and-elonnai-hickok-september-9-2019-submission-to-global-commission-on-stability-of-cyberspace

AI in Healthcare

Admin — 2019-09-19T16:15:24Z

The Center for Information Technology and Public Policy (CITAPP) and the International Institute of Information Technology Bangalore (IIITB) invited Radhika Radhakrishnan for a talk at IIIT-Bangalore on September 13, 2019.

In her talk, she critically questioned the dominant narrative of “AI for social good” that has been widely adopted by various stakeholders in India (including the private sector, non-profits, and the Indian State) from a feminist standpoint. Specific to healthcare in India, such a narrative has been employed towards solving development challenges (such as a shortage of medical practitioners in remote regions of the country) through the introduction of AI applications targeted towards the sick-poor. Through her research and fieldwork, she analysed the layers of expropriation and experimentation that come into play when AI technologies become a method of using 'diverse' bodies and medical records of the sick-poor as ‘data’ to train proprietary AI algorithms at a low cost in the absence of effective State regulatory mechanisms. She argued that structural challenges (such as lack of incentives for medical practitioners to join public healthcare) get reframed into opportunities to substitute labour (people) by capital (technology) through innovation of “spectacular technologies” such as AI. Throughout the talk, she also highlighted the methodologies she used to conduct this research.

For more details visit https://cis-india.org/internet-governance/news/ai-in-healthcare

Talks at National University of Juridical Sciences Today

Admin — 2019-09-20T14:45:35Z

Arindrajit Basu delivered two lectures at the National University of Juridical Sciences on September 18, 2019.

The first one was part of a symposium being conducted by the soon to be set up Intellectual Property and Technology Law Centre. I spoke on "Conceptualising India's Digital Policy Vision" The other speaker today was Mr. Supratim Chakraborty (Partner, Khaitan&Co.) Tomorrow's speakers are Prof. Mahendra Kumar Bhandan and Nikhil Narendran (Partner, Trilegal)

Abstract

The past year has seen vigorous activity on the domestic data governance policy front in India. Across key issues including intermediary liability, data localisation and e-commerce, the government has rolled out a patchwork of regulatory policies that has resulted in battle lines being drawn by governments, industry and civil society actors both in India and across the globe. The Data Protection Bill is set to be tabled in the next session of Parliament amidst supposed disagreement among policy-makers on key provisions, including data localization. The draft e-commerce policy and Chapter 4 of the Economic Survey refer to the concepts of ‘community data’ and ‘data as public good’ respectively. Artifiicial Intelligence is also the new buzz word among policy-making circles and industry players alike.

The implementation of each of these concepts have important implications for individual privacy, the monetisation of data by (foreign tech companies) and the harnessing of-as the e-commerce policy puts it-India’s data for India’s development. Meanwhile, at international forums such as the G20, India has partnered up with its BRICS allies to emphasize the notion of ‘data sovereignty’ or the right of each country to govern data within its jurisdiction without external interference.
In his talk, Basu unpacked each of these policies and followed up with a discussion on what these developments meant for Indian citizens and for India’s role in the multilateral global order.

The second one was on 'Constitutionalizing Artificial Intelligence' conducted by the Constitutional Law Society. Here, I drew from some preliminary findings from a paper I am working on with Elonnai and Amber.

Abstract

The use of big data and algorithmic decision-making has been touted world over as a means of augmenting human capacities, removing bureaucratic fetters and benefiting society. Yet, with concerns arising around bias, fairness and a lack of algorithmic accountability, an entirely new domain of discourse on data justice has emerged - underscoring the idea that algorithms not only have the potential to exacerbate entrenched structural inequality but could also create and modulate new forms of injustice for the vulnerable sections of society.

There is a need for a reflexive turn in the debate on data justice that adequately considers the broader narrative and entrenched inequality in the ecosystem. Transformative constitutionalism is a new brand of scholarship in comparative constitutional law which celebrates the crucial role of the state and the judiciary in bringing about emancipatory change and rooting out structural inequality.

Originally conceptualized as a Global South concept designed as a counter-model to the individual rights-driven model of Northern Constitutions, scholars have now identified emancipatory provisions in several western constitutions such as Germany. India’s constitution is one such example. The origins of constitutional order in India were designed to “bring the alien and powerful machine like that of the state under the control of human will” and to eliminate the inequality of “status, facilities and opportunities.”

What is the relevance of India's constitutional ethos in the regulation of modern day data driven decision-making? How can policy-makers use constitutional tenets to mitigate structural injustice and transform the bearings of 21st century Indian society?

For more details visit https://cis-india.org/internet-governance/news/talks-at-national-university-of-juridical-sciences-today

Internet pour toutes

Isabelle Grégoire — 2019-09-20T15:01:56Z

Ambika Tandon was quoted in Canadian-French magazine L'Actualite, in an article on technology and women in India. In the quote, she explains the core research questions of the FIRN project, which is studying the digital intermediation of domestic work in India.

The article by Isabelle Grégoire was published in L'Actualite on September 11, 2019.

"Are women workers more or less exploited when they are recruited online? Can they evaluate clients and be defended if their rights are not respected? And most importantly, how do employers go about recruiting this workforce that usually does not have access to the Internet?

These are the kinds of questions that Indian researcher Ambika Tandon, a policy officer at the Center for the Internet and Society (CIS), a non-profit organization in Bangalore that conducts interdisciplinary research on the Internet and digital technologies, is trying to answer. To do this, she chose to look at digital platforms that provide housekeeping and home care services - trades mostly done by women.

"The idea is to compare the job opportunities and working conditions offered on these platforms with those of traditional placement agencies," says this graduate from the London School of Economics, and a member of the Feminist Internet Research Network (FIRN) launched this year. Funded by the International Development Research Center (IDRC) in Ottawa, the network brings together researchers (a majority of women) from a dozen countries in Latin America, Asia and Eastern Europe. It is led by the Association for Progressive Communications (APC), an international organization, which contributed to the development of the 17 "feminist principles of Internet 2.0". Each of FIRN's eight research projects will be linked to one or other of these principles.

"Our goal is to increase the visibility of these issues in the public space, so that they become part of the discourse," says Namita Aavriti from India, who is co-responsible for setting up projects within the APC, "With special attention to online violence against women, which still needs to be recognized in many countries."

For more details visit https://cis-india.org/internet-governance/news/l-actualite-magazine-isabelle-gregoire-september-11-2019-internet-pour-toutes

CIS Team

praskrishna — 2025-05-01T04:45:58Z

CIS undertakes policy-focused, applied, and academic research on topics at the intersection of internet and society, driven by concerns of human rights and public interest. CIS is based in Bengaluru and New Delhi.

Senior Staff

Tanveer Hasan A K

Administration and Finance

Senior Staff

Tanveer Hasan A K
	Tanveer Hasan A K is the Executive Director of the Centre for Internet and Society. Previously, Tanveer worked at the Wikimedia Foundation leading global alliances for the Free and Open knowledge movement, and resource allocation in South Asia. In the past, Tanveer was also the Program Manager for CIS's Access to Knowledge project, and an Assistant Professor at the Centre for Indian Languages in Higher Education at the Tata Institute of Social Sciences TISS.

Administration and Finance

Ajoy Kumar
	Ajoy is an Administrator at the CIS. He manages all the events organised by CIS including hotel and travel bookings, does the liasoning with government offices and Members of Parliament, etc. Ajoy also works as a part-time lawyer doing property documentation. Email: ajoy@cis-india.org Resume: Download (PDF)

Ajoy Kumar

Ajoy is an Administrator at the CIS. He manages all the events organised by CIS including hotel and travel bookings, does the liasoning with government offices and Members of Parliament, etc. Ajoy also works as a part-time lawyer doing property documentation.

Email: ajoy@cis-india.org
Resume: Download (PDF)

Nagaraj MP
	Nagaraj has a background in Advanced Accountancy with a specialisation in NGO Accounting and Practices. As Manager - Finance and Operations, he handles the preparation of accounts statements, statuary compliance, budget and monitoring, and accounts for all research projects at CIS. He has previously worked at Centre for the Study of Culture and Society (CSCS), ‘Kalike’ associate organisation of TATA Trusts, India Foundation for the Arts (IFA), Ramaiah Public Policy Centre, and CIS in its early days. Email: nagaraj@cis-india.org

Nagaraj MP

Nagaraj has a background in Advanced Accountancy with a specialisation in NGO Accounting and Practices. As Manager - Finance and Operations, he handles the preparation of accounts statements, statuary compliance, budget and monitoring, and accounts for all research projects at CIS. He has previously worked at Centre for the Study of Culture and Society (CSCS), ‘Kalike’ associate organisation of TATA Trusts, India Foundation for the Arts (IFA), Ramaiah Public Policy Centre, and CIS in its early days.

Email: nagaraj@cis-india.org

Velankanni Royson

Royson is the Office Assistant in the Bangalore office. He assists the administration department in organising events, takes videos of the events, uploads them to the CIS website, Blip TV, YouTube, etc.

Email: royson@cis-india.org

Chandra Bhushan

Chandra has been working as an Accounts Officer with CIS since 2018 with specialties in Accounts and Banking, managing accounting software like Tally, bank accounts, bookkeeping, different types of financials for projects, utilisation certificates, etc. Earlier, he was an Officer at a nationalised bank, and thereafter was associated with a Chartered Accountant.

Email: chandraa@cis-india.org

For more details visit https://cis-india.org/about/people/cis-team-members

Android 10 out, big on ‘privacy’

Roshan H. Nair — 2019-09-25T02:05:30Z

Companies aware of new concerns, says expert.

The article by Roshan H. Nair published in Deccan Herald quotes Sunil Abraham.

The much-awaited ‘Android 10’ software for phones was launched on Wednesday. In a video put out by the company, a host of new features is visible, one of the most prominent being enhanced privacy. The video says Android 10 has “privacy features that put you in control".

Android 10 is only the latest in a series of tech products that project ‘privacy’ as a special feature.

The world is still recovering from the shock of the Cambridge Analytica scandal, and has become more protective about its personal data and suspicious about big tech companies.

Originally, it was only Apple products that advertised privacy as one of its special features. Now, every platform seems to want to mark themselves ‘safe’.

“WhatsApp is promising end-to-end encryption. Facebook is saying all messaging will become like it is in WhatsApp. Microsoft, setting itself apart from Google and Facebook, is claiming that it doesn’t depend on customer’s data for its business model,...Sunil Abraham, executive director of The Centre for Internet and Society, Bengaluru, says.

“More and more, companies are using systems such as local storage, local processing, end-to-end encryption for messages, commitment not to upload your personal data and encryption of cloud storage. These are all broad movements in what is called Privacy Enhancing Technologies’, now a domain of technology,” Abraham says.

At the moment, only Pixel phones have Android 10.

The software will be available on more phones in the coming months.

For more details visit https://cis-india.org/internet-governance/news/deccan-herald-roshan-nair-september-4-2019-android-10-out-big-on-privacy

CIS joins the Christchurch Call Advisory Network

Admin — 2019-09-25T13:57:49Z

Centre for Internet & Society's application for membership of the Christchurch Call Advisory Network has been accepted! As a part of this network, we, along with other civil society groups based out of various jurisdictions, would be providing inputs on making the Call a robust, human rights-centred initiative.

The Christchurch Call Advisory Network membership has been drawn from interested civil society groups, who represent a range of perspectives, including human rights, freedom of expression, digital rights, counter-radicalization, victim support and public policy. Many of the Advisory Network members have been engaged on the Christchurch Call since its launch and are committed to continuing to share their expertise.

The Christchurch Call Advisory Network

Access Now
Africa Digital Policy Project
Annenberg Public Policy Center, University of Pennsylvania
Article 19
Association for Progressive Communications
Brookings Institution
Center for Humane Technology
Centre for Internet and Society, India
Chicago Project on Security and Threats, University of Chicago
Committee to Protect Journalists
Council on American-Islamic Relations (CAIR)
Dangerous Speech Project
Data & Society
Electronic Frontier Foundation
French National Bar Council
Global Disinformation Index
Global Forum for Media Development (GFMD)
Global Partners Digital
Global Network Initiative
Hedayah Center
Human Rights Centre, UC, Berkeley School of Law
ICT for Peace Foundation
Institute for Strategic Dialogue
International Cyber Policy Centre (Australian Strategic Policy Institute)
Internet Governance Project, Georgia Tech
Internet NZ
Internet Sans Frontières
Islamic Women's Council of New Zealand
Life After Hate
Netsafe
New America's Open Technology Institute (New America Foundation)
NZ Council for Civil Liberties
Reporters Without Borders (RSF)
Social Media Governance Initiative, Yale Law School
Syrian Archive
Tech Against Terrorism
The International Muslim Association of New Zealand
The Internet Society
Tony Blair Institute for Global Change
Wellington Abrahamic Council of Jews, Christians, and Muslims (NZ)
WITNESS
Women’s Organisation of the Waikato Muslim Association
Elina Noor (Visiting Fellow, Institute of Strategic and International Studies Malaysia)
Matthew Shears (Internet and telecommunications policy consultant)

For more details visit https://cis-india.org/internet-governance/news/cis-joins-the-christchurch-call-advisory-network

Policy Design Jam

Admin — 2019-09-25T14:30:33Z

Pallavi Bedi, Akash Sheshadri and Anubha Sinha attended the event organized by Whatsapp and ISPP on 16 September 2019 at Indian School of Public Policy campus, Qutub Institutional Area, Delhi.

Session Schedule

2 00 pm - 3 00 pm - Registration

3 05 pm - 4 00 pm - Experiential design exercises

4 00 pm - 4 15 pm - Break

4 15 pm - 5 00 pm - Design Thinking for Policy Insights from Global Design Jams

5 00 pm - 5 20 pm - Q & A

5 20 pm - 6 00 pm - High tea

2 00 pm - 3 00 pm - Registration3 05 pm - 4 00 pm - Experiential design exercises
4 00 pm - 4 15 pm - Break
4 15 pm - 5 00 pm - Design Thinking for Policy Insights from Global Design Jams
5 00 pm - 5 20 pm - Q & A
5 20 pm - 6 00 pm - High tea

For more details visit https://cis-india.org/internet-governance/news/policy-design-jam

Millions of kids in India access the Net on their parents’ devices, says study

Varun Aggarwal — 2019-09-28T10:01:04Z

Experts raise concern over exposing kids to predators, phishing and bullying.

The article by Varun Aggarwal published in Hindu Businessline quotes Sunil Abraham.

Youtube’s recent fine of $170 million in the US for illegally collecting personal information of children without parental consent should ring alarm bells back in India. Similar violations may be going unnoticed here as millions of kids use Internet on their parents’ devices.

A new study conducted by the Internet and Mobile Association of India (IAMAI) states 66 million Internet users in the country are in the age bracket of 5 to 11 years and they are viewing it on the devices of family members.

In today's age when adults are finding it hard to understand the extent of physical, mental, financial risk they are exposing themselves to, kids need special treatment as they are more vulnerable and not capable of making decisions for themselves.

This could be exposing young children to predators, bullying, phishing, or even malware attacks, experts feel.

“India does not have clear laws equivalent to COPPA (Children's Online Privacy Protection Act) but adhoc executive rulings, court cases and discussions. We don't have formal ways of ensuring responsible behaviour,” said Mishi Choudhary, technology lawyer and online civil liberties activist.

Social networks Tiktok was recently pulled up by the Indian government for allowing ‘inappropriate content’ being available on the platform. A BusinessLine investigation later revealed that Tiktok was not alone. Many other social media platforms had similar, if not more inappropriate, content easily accessible without any restrictions or age verification.

Moreover, no serious efforts have been taken by either the government or the social media platforms to ensure that kids are not exposed to ‘inappropriate content’ or if they are collecting any private information about the kids.

“Several apps have children-directed content, targeted ads are regularly served on these platforms to kids younger than 13 years of age. There needs to be clear requirement for verifiable parental consent before collecting personal information and clear information about parental control,” Choudhary said.

Parents and kids are equally required to be reminded that online actions have consequences.

“Internet today is a dangerous place for children. Parents should ensure that all access is supervised till the child in well into their teens and demonstrate safe practices online,” said Sunil Abraham, Executive Director at the Centre for Internet and Society.

For more details visit https://cis-india.org/internet-governance/news/hindu-business-line-varun-aggarwal-september-27-2019-millions-of-kids-in-india-access-the-net-on-their-parents-devices-says-study

Comparison of the Manila Principles to Draft of The Information Technology [Intermediary Guidelines(Amendment) Rules], 2018

Akriti Bopanna and Gayatri Puthran — 2020-06-01T07:48:17Z

This paper looks at the Manila Principles intermediary liability framework in comparison to the amended draft Information Technology [Intermediaries Guidelines (Amendment)] Rules, 2018 introduced by the Ministry of Electronics and Information Technology (MeitY) in December, 2018.

Introduction

In December 2018, the Ministry of Electronics and Information Technology (MeitY) introduced amendments to the draft Information Technology [Intermediaries Guidelines (Amendment)] Rules, 2018 [“the 2018 Rules”]. The proposed changes ranged from asking intermediaries to proactively filter content using automated technology to prohibiting promotion of substances such as cigarettes and alcohol. In CIS's submission to the Government, we highlighted our various concerns with the proposed rules. Building on the same, this paper aims to assess how the new draft rules measure up to the best practices on Intermediary Liability as prescribed in the Manila Principles. These principles were formulated in 2015 by a coalition of civil society groups and experts, including CIS, in order to establish best practice to guide policies pertaining to intermediary liability.

Depending on their function, intermediaries have a varying hand in hosting activism and discourse that are integral to a citizen’s right to freedom of speech and expression. The Manila Principles are an attempt at articulating best practices that lead to the development of intermediary liability regimes which respect human rights.

Consequently, the paper examines the draft rules to assess their compatibility with the Manila Principles. It provides recommendations such that, where needed, the rules are aligned with the aforementioned principles. The assessment is done based on the insight into the rationale of the Manila Principles provided in its Background Paper.

Disclosure: CIS is a recipient of research grants from Facebook India.

Click to download the research paper which was edited by Elonnai Hickok and reviewed by Torsha Sarkar.

For more details visit https://cis-india.org/internet-governance/blog/akriti-bopanna-and-gayathri-puthran-comparison-of-manila-principles-to-draft-it-intermediary-guidelines-rules

SC directs govt to further regulate social media: Is it necessary? Experts weigh in

Geetika Mantri — 2019-09-30T14:28:10Z

With the SC's directive to the Indian government for further regulation of social media, TNM asked experts what were the challenges associated with the same.

The article by Geetika Mantri was published in the News Minute on September 28, 2019. Pranesh Prakash was quoted.

The Supreme Court recently expressed the need to regulate social media to curb fake news, defamation and trolling. It also asked the Union government to come up with guidelines to prevent misuse of social media while protecting users’ privacy in three weeks’ time.

The apex court made these statements while hearing a transfer petition by Facebook which has asked for petitions on regulation of social media filed in Madras, Bombay and Madhya Pradesh High Courts on similar issues to be transferred to the SC so that the scope can be expanded.

In India, social media platforms already come under the purview of the Information Technology (IT) Act, the ‘intermediaries guidelines’ that were notified under the IT Act in 2011 and the Indian Penal Code.

With the SC's directive to the Indian government for further regulation of social media, TNM asked experts what were the challenges associated with the same.

Existing regulations and misuse

Executive Director of the Internet Freedom Foundation (which is also an intervenor in the above case in SC) and lawyer Apar Gupta points out that under existing laws, social media channels are already required to take down content if they are directed to do so by a court or law enforcement.

There are also reporting mechanisms on these platforms, where they exercise discretion to ascertain whether a reported post is violating community guidelines and needs to be taken down. These, however, have been reported to be arbitrary – many posts on body positivity and menstruation, for instance, have been taken down in the past while other explicit imagery continues to be allowed.

“But it’s necessary to have minimum legal standards that need to be fulfilled to compel such take-downs on social media. If platforms had to take down posts based on individual complaints, it could result in many frivolous take-downs. Free speech should be the norm, and removal of content, the exception,” Apar argues.

IT consultant Kiran Chandra says that many of the existing regulations themselves are “dangerously close to censorship and may have a chilling effect on freedom of speech, which is why cases are being fought on those in courts.”

Even under existing regulations, there is scope for misuse - which has also been documented in the past - to curb dissent.

“One of the key problems of a lot of regulatory measures is the vagueness of language which is exploited by state agencies to behave in a repressive way,” Kiran says. “Any regulation has to be clear and concrete so that there is no scope for overreach."

Much of fake news is driven by politics

Fake news isn't exactly new, but its proliferation and extent have expanded manifold with social media.

Srinivas Kodali, an independent security researcher, says that it is not as though governments do not know where a good portion of fake news is coming from. “Most political parties have IT cells that dedicatedly work on creating and spreading fake news. But what is the Election Commission or anyone else doing to stop that?” he questions.

Kiran points out that this machinery exists with a view to gain electoral dividends. “There can be no countering fake news without taking on these structures and the political forces behind them,” he says.

He adds that social media giants also need to take responsibility. “Currently, considering the role social media companies play in the society, they are doing almost nothing [about fake news]. In fact, virality - and a lot of fake news tends to be viral - is the basis of the business model of many social media companies, including Facebook, and WhatsApp, which it owns. At the very least, these companies need to dedicate far more resources, and must provide more transparency into their functioning if any dent has to be made in countering fake news.”

Kiran also says that there is a need to support websites that bust fake news, and make people more aware of the need to verify news.

Defamation and online harassment

Experts say that when it comes to the SC’s observation that there should be redressal mechanisms for someone who has been ‘defamed’ on social media, the recourse is pretty clear-cut.

Pranesh Prakash, a fellow at the Centre for Internet and Society, says, “If it concerns defamation, it is very likely that the victim knows where the defamatory post has come from. Even if it is not an original message, the defamation law does not require you to find out the origin of such a message. Anyone who has put it, forwarded it, is liable.”

That being said, it is the social media giants that need to pick up the slack when it comes to dealing with targeted harassment and online bullying.

It has been reported earlier that Facebook, due to its lack of understanding of the Indian context as well as diversity, often fails in effectively removing hate speech from the platform in India. Facebook's community guidelines are unavailable in several Indian languages too.

Kiran says that while there already exist legal provisions for dealing with offensive speech, the problem is that they are either misused or underused. “Critics of the government get hit with these cases unreasonably while many who engage in hate speech and abuse are followed by the most powerful people in the country. Here again, social media firms need to massively increase the resources they spend on weeding out such content.”

Privacy and surveillance concerns

Any conversation on additional regulation of social media brings up concerns about privacy and surveillance.

Apar says if regulators want easy access to user information for curbing misuse, spread of fake news and the like, it would require online platforms to modify their products to increase surveillance - to have exact details about who said what, when and about whom. “This is why it’s important for legal standards and conditions for accessing user information to be followed. Government also needs to become more accountable on what information on users they are demanding from social media companies.”

Kiran cautions that “any bid at regulating expression online has to be proportional and concrete with adequate redressal mechanisms and without any blanket provisions.”

“We need strong data protection and privacy laws which restrict the scope of these companies and reduce their footprint online,” he adds, referring, for instance to Facebook's monopoly - the company also owns Instagram. “Similarly, the role they play in elections and political processes as a whole, needs to be checked.”

Srinivas points out that ultimately, social media is a reflection of what is happening in the society: “If there is no rule of law offline, it won’t be there online.”

For more details visit https://cis-india.org/internet-governance/news/the-news-minute-geetika-mantri-september-28-2019-sc-directs-govt-to-further-regulate-social-media

September 2019 Newsletter

praskrishna — 2019-12-06T04:53:12Z

The newsletter for the month of September 2019.

Highlights for September 2019
Centre for Internet & Society's application for membership of the Christchurch Call Advisory Network has been accepted! As a part of this network, we, along with other civil society groups based out of various jurisdictions, would be providing inputs on making the Call a robust, human rights-centred initiative. A book by Amber Sinha titled 'The Networked Public: How Social Media is Changing Democracy' was published by Rupa Publications. The book looks at how networks exert unchecked power in subverting political discourse and polarizing the public in India. Towards that, it investigates the history of misinformation and the biases that make the public susceptible to it, how digital platforms and their governance impacts the public’s behaviour in them, as well as the changing face of political targeting in a data-driven ecosystem. Akriti Bopanna and Gayatri Puthran co-authored a research paper which compares the Manila Principles to Draft of The Information Technology [Intermediary Guidelines(Amendment) Rules], 2018, introduced by the Ministry of Electronics and Information Technology (MeitY) in December, 2018. Gurshabad Grover and Torsha Sarkar along with Rajashri Seal and Neil Trivedi co-authored a paper that examines the constitutionality of the government prohibition on the broadcast of news against private and community FM channels. The authors also mapped chronologically the history of the development of community and private radio channels in India. Ambika Tandon and Aayush Rathi generated empirical evidence about the CCTV programme well underway in Delhi. The case study was published by Centre for Development Informatics, Global Development Institute, SEED, in the Development Informatics working paper series housed at the University of Manchester. Shruti Trikanand and Amber Sinha published a blog post titled Core Concepts and Processes by which the authors hope to arrive at a shared vocabulary to discuss and critically analyse digital identity systems, both within our team and in engagements with other stakeholders. Pooja Saxena and Akash Sheshadri contributed to the project. The Global Commission on the Stability of Cyberspace released a public consultation process that sought to solicit comments and obtain feedback on the definition of “Stability of Cyberspace”, as developed by the Global Commission on the Stability of Cyberspace (GCSC). CIS gave detailed commentary on the definitions and suggested a new definition of cyber stability. CIS is undertaking a study on digital mediation of domestic and care work in India, as part of and supported by the Feminist Internet Research Network led by the Association for Progressive Communications (APC), funded by the International Development Research Centre (IDRC). The study is exploring the ways in which structural inequalities, such as those of gender and class, are being reproduced or challenged by digital platforms. The project sites are Delhi and Bangalore, where we are conducting interviews with workers, companies, and unions. In Bangalore, we are collaborating with Stree Jagruti Samiti to collect qualitative data from different stakeholders. The outputs of the research will include a report, policy brief, and other communication materials in English, Hindi, and Kannada. This study is being led by Ambika Tandon and Aayush Rathi, along with Sumandro Chattapadhyay. CIS-A2K has put up a call for joining the Free Knowledge movement #Wikipedia #Wikimedia. Are you an individual or do you represent any organisation, institution, groups or enterprises? You can actually help the ‘Free Knowledge’ movement by donating photos, media, content or archives.

CIS and the News

The following articles and research papers were authored by CIS secretariat during the month:

Doing Standpoint Theory (Ambika Tandon and Aayush Rathi; Gender IT.org; September 1, 2019).
Traffic Rules, Mindset and On-Time Payments (Shyam Ponappa; Business Standard; September 4, 2019).
Kashmir’s digital blackout marks a period darker than the dark side of the moon (Nishant Shah; Indian Express; September 15, 2019).
The Networked Public: How Social Media Changed Democracy (Amber Sinha; Rupa Publications; September 19, 2019).
Capturing Gender and Class Inequities: The CCTVisation of Delhi (Aayush Rathi and Ambika Tandon; Centre for Development Informatics, Global Development Institute; September 27, 2019).

CIS in the News

CIS secretariat was consulted for the following articles published during the month in various publications:

Why having more CCTV cameras does not translate to crime prevention (Manasa Rao; The News Minute; September 3, 2019).
Android 10 out, big on ‘privacy’ (Roshan H. Nair; Deccan Herald; September 4, 2019).
Internet pour toutes (Isabelle Grégoire; L'Actualite; September 11, 2019).
Chennai residents rue fuzzy CCTV surveillance (Vivek Narayanan and R. Srinivasan; The Hindu; September 18, 2019).

Millions of kids in India access the Net on their parents’ devices, says study (Varun Aggarwal; Hindu Businessline; September 27, 2019).
SC directs govt to further regulate social media: Is it necessary? Experts weigh in (Geetika Mantri; The News Minute; September 28, 2019).

Access to Knowledge

Access to Knowledge is a campaign to promote the fundamental principles of justice, freedom, and economic development. It deals with issues like copyrights, patents and trademarks, which are an important part of the digital landscape.

Wikipedia

Under a grant from Wikimedia Foundation we are doing a project for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

News

Bhuvana Meenakshi elected Mozilla Rep for July 2019 (Bhuvana Meenakshi was selected as a Rep of the Month (July 2019) by Mozilla for her active contributions).

Openness

Participation in Events

FOSSCON India 2019 (Organized by KLS Gogte Institute of Technology; Belgaum; August 29 - 31, 2019). Bhuvana Meenakshi gave a talk on "The revolution of WebXR".
DevFest'19 (Organized by Google Developers Groups; Coimbatore; September 14, 2019).
React India 2019 (Organized by React India; Goa; September 26 - 28, 2019). Bhuvana Meenakshi was a speaker.

Internet Governance

The Tunis Agenda of the second World Summit on the Information Society has defined internet governance as the development and application by governments, the private sector and civil society, in their respective roles of shared principles, norms, rules, decision making procedures and programmes that shape the evolution and use of the Internet. As part of internet governance work we work on policy issues relating to freedom of expression primarily focusing on the Information Technology Act and issues of liability of intermediaries for unlawful speech and simultaneously ensuring that the right to privacy is safeguarded as well.

Freedom of Speech & Expression

Under a grant from the MacArthur Foundation, CIS is doing research on the restrictions placed on freedom of expression online by the Indian government and contribute studies, reports and policy briefs to feed into the ongoing debates at the national as well as international level. As part of the project we bring you the following outputs:

Research Papers

Examining the Constitutionality of the Ban on Broadcast of News by Private FM and Community Radio Stations (Gurshabad Grover, Torsha Sarkar, Rajashri Seal and Neil Trivedi; September 27, 2019).
Comparison of the Manila Principles to Draft of The Information Technology [Intermediary Guidelines(Amendment) Rules], 2018 (Akriti Bopanna and Gayatri Puthran; September 30, 2019).

News

Turning off the internet: Chips with Everything podcast (Gurshabad Grover and Ambika Tandon recorded an episode with the Guardian's podcast on digital culture, called Chips with Everything).

Privacy

Under a grant from Privacy International and IDRC we are doing a project on surveillance. CIS is researching the history of privacy in India and how it shapes the contemporary debates around technology mediated identity projects like Aadhar. As part of our ongoing research, we bring you the following outputs:

Submission

Submission to Global Commission on Stability of Cyberspace on the definition of Cyber Stability (Arindrajit Basu and Elonnai Hickok; September 11, 2019).

Participation in Events

Policy Design Jam (Organized by Whatsapp and ISPP; Qutub Institutional Area, New Delhi; September 16, 2019). Pallavi Bedi, Akash Sheshadri and Anubha Sinha attended the event.
Conceptualising India's Digital Policy Vision (Organized by National University of Juridical Sciences; National University of Juridical Sciences; Kolkata; September 18, 2019).
All Partners Meeting (Organized by Partnership on AI; London; September 26 - 27, 2019). Elonnai Hickok reprsented CIS as the co-chair for the Labour and Economy Expert Group.

Digital Identity

Omidyar Network is investing in establishment of a three-region research alliance — to be co-led by the Institute for Technology & Society (ITS), Brazil, the Centre for Intellectual Property and Information Technology Law (CIPIT) , Kenya, and CIS. As part of this Alliance, CIS is examining the policy objectives of digital identity projects, how technological policy choices can be thought through to meet the objectives, and how legitimate uses of a digital identity framework may be evaluated.

Featured Research

Core Concepts and Processes (Shruti Trikanand and Amber Sinha; September 13, 2019). Research by Shruti Trikanad and Amber Sinha. Conceptualization by Pooja Saxena and Amber Sinha. Illustrations by Akash Sheshadri and Pooja Saxena.

Artificial Intelligence

With origins dating back to the 1950s Artificial Intelligence (AI) is not necessarily new. However, interest in AI has been rekindled over the recent years due to advancements of technology and its applications to real-world scenarios. We conduct research on the existing legal and regulatory parameters:

Participation in Events

AI in Healthcare (Organized by Center for Information Technology and Public Policy and International Institute of Information Technology; Bangalore). Radhika Radhakrishnan gave a talk.
Responsible AI Workshop (Organized by Facebook; September 17, 2019; New Delhi). Sunil Abraham participated in the meeting.
Constitutionalizing Artificial Intelligence (Organized by Constitutional Law Society; National University of Juridical Sciences; Kolkata). Arindrajit Basu delivered a lecture.

Researchers@Work

The researchers@work programme at CIS produces and supports pioneering and sustained trans-disciplinary research on key thematics at the intersections of internet and society; organise and incubate networks of and fora for researchers and practitioners studying and making internet in India; and contribute to development of critical digital pedagogy, research methodology, and creative practice.

Announcement

Digital mediation of domestic and care work in India: Project Announcement (Ambika Tandon and Aayush Rathi; October 1, 2019).

Essays on #List — Selected Abstracts

In response to a recent call for essays that social, economic, cultural, political, infrastructural, or aesthetic dimensions of the #List, we received 11 abstracts. Out of these, we have selected 4 pieces to be published as part of a series titled #List on the r@w blog.

Blog Entries

#HookingUp (Akhil Kang, Christina Thomas Dhanraj, Dhrubo Jyoti, and Gowthaman Ranganathan; August 1, 2019).
Call for Contributions and Reflections: Your experiences in Decolonizing the Internet’s Languages! (P.P. Sneha; August 7, 2019).
Simiran Lalvani - Workers’ fictive kinship relations in Mumbai app-based food delivery (Sumandro Chattapadhyay; August 16, 2019).

Telecom

The growth in telecommunications in India has been impressive. While the potential for growth and returns exist, a range of issues need to be addressed for this potential to be realized. One aspect is more extensive rural coverage and the second aspect is a countrywide access to broadband which is low at about eight million subscriptions. Both require effective and efficient use of networks and resources, including spectrum.

Monthly Blog

Traffic Rules, Mindset and On-Time Payments (Shyam Ponappa; September 4, 2019).

About CIS

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 disabilities, 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 reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

Follow CIS on:

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

Support CIS:

Please help us defend consumer and citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

Collaborate with CIS:

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/september-2019-newsletter

Designing a Human Rights Impact Assessment for ICANN’s Policy Development Processes

Collin Kure, Akriti Bopanna and Austin Ruckstuhl — 2019-10-03T14:43:28Z

As co-chairs of Cross Community Working Party on Human Rights (CCWP-HR) at International Corporation of Names and Numbers (ICANN), Akriti Bopanna and Collin Kurre executed a Human Rights Impact Assessment for ICANN's processes. It was the first time such an experiment was conducted, and unique because of being a multi-stakeholder attempt.

This report outlines the iterative research-and-design process carried out between November 2017 and July 2019, focusing on successes and lessons learned in anticipation of the ICANN Board’s long-awaited approval of the Work Stream 2 recommendations on Accountability. The process, findings, and recommendations will be presented by Akriti and Austin at CCWP-HR’s joint session with the Government Advisory Council at ICANN66 in Montreal during 2nd-8th November.

Click to download the full research paper here.

For more details visit https://cis-india.org/internet-governance/blog/designing-a-human-rights-impact-assessment-for-icann2019s-policy-development-processes

We need a better AI vision

basu — 2019-10-14T13:55:59Z

Artificial intelligence conjures up a wondrous world of autonomous processes but dystopia is inevitable unless rights and privacy are protected.

The blog post by Arindrajit Basu was published by Fountainink on October 12, 2019.

he dawn of Artificial Intelligence (AI) has policy-makers across the globe excited. In India, it is seen as a tool to overleap structural hurdles and better understand a range of organisational and management processes while improving the implementation of several government tasks. Notwithstanding the apparent enthusiasm in the government and private sectors, an adequate technological, infrastructural, and financial capacity to develop these models at scale is still in the works.

A number of policy documents with direct or indirect references to India’s AI future—to be powered by vast troves of data—have been released in the past year and a half. These include the National Strategy for Artificial Intelligence (which I will refer to as National Strategy) authored by NITI Aayog, the AI Taskforce Report, Chapter 4 of the Economic Survey, the Draft e-Commerce Bill and the Srikrishna Committee Report.

While they extol the virtues of data-driven analytics, references to the preservation or augmentation of India’s constitutional ethos through AI has been limited though it is crucial for safeguarding the rights and liberties of citizens while paving the way for the alleviation of societal oppression.

In this essay, I outline the variety of AI use cases that are in the works. I then highlight India’s AI vision by culling the relevant aspects of policy instruments that impact the AI ecosystem and identify lacunae that can be rectified. Finally, I attempt to “constitutionalise AI policy” by grounding it in a framework of constitutional rights that guarantee protection to the most vulnerable sections of society.

In the manufacturing industry, AI adoption is not uniform across all sectors. But there has been a notable transformation in electronics, heavy electricals and automobiles.

It is crucial to note that these cases, still emerging in India, have been implemented at scale in other countries such as the United Kingdom, United States and China. Projects were rolled out to the detriment of ethical and legal considerations. Hindsight should make the Indian policy ecosystem much wiser. By closely studying the research produced in these diverse contexts, Indian policy-makers should try to find ways around the ethical and legal challenges that cropped up elsewhere and devise policy solutions that mitigate the concerns raised.

***

Before anything else we need to define AI—an endeavour fraught with multiple contestations. My colleagues and I at the Centre for Internet & Society ducked this hurdle when conducting our research by adopting a function-based approach. An AI system (as opposed to one that automates routine, cognitive or non-cognitive tasks) is a dynamic learning system that allows for the delegation of some level of human decision-making to the system. This definition allows us to capture some of the unique challenges and prospects that stem from the use of AI.

The research I contributed to at CIS identified key trends in the use of AI across India. In healthcare, it is used for descriptive and predictive purposes.

For example, the Manipal Group of Hospitals tied up with IBM’s Watson for Oncology to aid doctors in the diagnosis and treatment of seven types of cancer. It is also being used for analytical or diagnostic services. Niramai Health Analytix uses AI to detect early stage breast cancer and Adveniot Tecnosys detects tuberculosis through chest X-rays and acute infections using ultrasound images. In the manufacturing industry, AI adoption is not uniform across all sectors. But there has been a notable transformation in the electronics, heavy electricals and automobiles sector gradually adopting and integrating AI solutions into their products and processes.

It is also used in the burgeoning online lending segment in order to source credit score data. As many Indians have no credit scores, AI is used to aggregate data and generate scores for more than 80 per cent of the population who have no credit scores. This includes Credit Vidya, a Hyderabad-based data underwriting start-up that provides a credit score to first time loan-seekers and feeds this information to big players such as ICICI Bank and HDFC Bank, among others. It is also used by players such as Mastercard for fraud detection and risk management. In the finance world, companies such as Trade Rays are being used to provide user-friendly algorithmic trading services.

AI is also being increasingly used in the education sector for providing services to students such as decision-making assistance and also for student-progress monitoring.

The next big development is in law enforcement. Predictive policing is making great strides in various states, including Delhi, Punjab, Uttar Pradesh and Maharashtra. A brainchild of the Los Angeles Police Department, predictive policing is the use of analytical techniques such as Machine Learning to identify probable targets for intervention to prevent crime or to solve past crime through statistical predictions.

Conventional approaches to predictive policing start with the mapping of locations where crimes are concentrated (hot spots) by using algorithms to analyse aggregated data sets. Police in Uttar Pradesh and Delhi have partnered with the Indian Space Research Organisation (ISRO) in a Memorandum of Understanding to allow ISRO’s Advanced Data Processing Research Institute to map, visualise and compile reports about crime-related incidents.

There are aggressive developments also on the facial recognition front. Punjab Police, in association with Gurugram-based start-up Staqu has started implementing the Punjab Artificial Intelligence System (PAIS) which uses digitised criminal records and automated facial recognition to retrieve information on the suspected criminal. At the national level, on June 28, the National Crime Records Bureau (NCRB) called for tenders to implement a centralised Automated Facial Recognition System (AFRS), defining the scope of work in broad terms as the “supply, installation and commissioning of hardware and software at NCRB.”

AI is also being increasingly used in the education sector for providing services to students such as decision-making assistance and also for student-progress monitoring. The Andhra Pradesh government had started collecting information from a range of databases and processes the information through Microsoft’s Machine Learning Platform to monitor children and devote student focussed attention on identifying and curbing school drop-outs.

In Andhra Pradesh, Microsoft collaborated with the International Crop Institute for Semi-Arid Tropics (ICRISAT) to develop an AI Sowing App powered by Microsoft’s Cortana Intelligence Suite. It aggregated data using Machine Learning and sent advisories to farmers regarding optimal dates to sow. This was done via text messages on feature phones after ground research revealed that not many farmers owned or were able to use smart phones. The NITI Aayog AI Strategy specifically cited this use case and reported that this resulted in a 10-30 per cent increase in crop yield. The government of Karnataka has entered into a similar arrangement with Microsoft.

Finally, in the defence sector, our research found enthusiasm for AI in intelligence, surveillance and reconnaissance (ISR) functions, cyber defence, robot soldiers, risk terrain analysis and moving towards autonomous weapons systems. These projects are being developed by the Defence Research and Development Organisation but the level of trust and support in AI-driven processes reposed by the wings of the armed forces is yet to be publicly clarified. India also had the privilege of leading the global debate on Lethal Autonomous Weapons Systems (LAWS) with Amandeep Singh Gill chairing the United Nations Group of Governmental Experts (UN-GGE) on the issue. However, ‘lethal’ autonomous weapons systems at this stage appear to be a speck in the distant horizon.

***

Along with the range of use cases described above, a patchwork of policy imperatives is emerging to support this ecosystem. The umbrella document is the National Strategy for Artificial Intelligence published by the NITI Aayog in June 2018. Despite certain lacunae in its scope, the existence of a cohesive and robust document that lends a semblance of certainty and predictability to a rapidly emerging sphere is in itself a boon. The document focuses on how India can leverage AI for both economic growth and social inclusion. The contents of the document can be divided into a few themes, many of which have also found their way into multiple other instruments.

NITI Aayog provides over 30 policy recommendations on investment in scientific research, reskilling, training and enabling the speedy adoption of AI across value chains. The flagship research initiative is a two-tiered endeavour to boost AI research in India. First, new centres of research excellence (COREs) will develop fundamental research. The COREs will act as feeders for international centres for transformational AI which will focus on creating AI-based applications across sectors.

This is an impressive theoretical objective but questions surrounding implementation and structures of operation remain to be answered. China has not only conceptualised an ecosystem but through the Three Year Action Plan to Promote the Development of New Generation Artificial Intelligence Industry, it has also taken a whole-of-government approach to propelling the private sector to an e-leadership position. It has partnered with national tech companies and set clear goals for funding, such as the $2.1 billion technology park for AI research in Beijing.

The contents of the NITI document can be divided into a few themes, many of which have also found their way into multiple other instruments. First, it proposes an “AI+X” approach that captures the long-term vision for AI in India. Instead of replacing the processes in their entirety, AI is understood as an enabler of efficiency in processes that already exist. NITI Aayog therefore looks at the process of deploying AI-driven technologies as taking an existing process (X) and adding AI to them (AI+X). This is a crucial recommendation all AI projects should heed. Instead of waving AI as an all-encompassing magic wand across sectors, it is necessary to identify specific gaps AI can seek to remedy and then devise the process underpinning this implementation.

A cacophony of policy instruments by multiple government departments seeks to reconceptualise data to construct a theoretical framework that allows for its exploitation for AI-driven analytics.

The AI-driven intervention to develop sowing apps for farmers in Karnataka and Andhra Pradesh are examples of effective implementation of this approach. Instead of other knee-jerk reactions to agrarian woes such as a hasty raising of Minimum Support Price, effective research was done in this use-case to identify a lack of predictability in weather patterns as a key factor in productive crop yields. They realised that aggregation of data through AI could provide farmers with better information on weather patterns. As internet penetration was relatively low in rural Karnataka, text messages to feature phones that had a far wider presence was indispensable to the end game.

***

This is in contrast to the ill-conceived path adopted by the Union ministry of electronics and information technology in guidelines for regulating social media platforms that host content (“intermediaries”). Rule 3(9) of the Draft of the Information Technology [Intermediary Guidelines (Amendment) Rules] 2018 mandates intermediaries to use “automated tools or appropriate mechanisms, with appropriate controls, for proactively identifying and removing or disabling public access to unlawful information or content”.

Proposed in light of the fake news menace and the unbridled spread of “extremist” content online, the use of the phrase “automated tools or appropriate mechanisms” is reflective of an attitude that fails to consider ground realities that confront companies and users alike. They ignore, for instance, the cost of automated tools: whether automated content moderation techniques developed in the West can be applied to Indic languages or grievance redress mechanisms users can avail of if their online speech is unduly restricted. This is thus a clear case of the “AI” mantra being drawn out of a hat without studying the “X” it is supposed to remedy.

The second focus of the National Strategy that has since morphed into a technology policy mainstay across instruments is on data governance, access and utilisation. The document says the major hurdle to the large scale adoption of AI in India is the difficulty in accessing structured data. It recommends developing big annotated data sets to “democratise data and multi-stakeholder marketplaces across the AI value chain”. It argues that at present only one per cent of data can be analysed as it exists in various unconnected silos. Through the creation of a formal market for data, aggregators such as diagnostic centres in the healthcare sector would curate datasets and place them in the market, with appropriate permissions and safeguards. AI firms could use available datasets rather than wasting effort sourcing and curating the sets themselves.

A cacophony of policy instruments by multiple government departments seeks to reconceptualise data to construct a theoretical framework that allows for its exploitation for AI-driven analytics.The first is “community data” and appears both in the Srikrishna Report that accompanied the draft Data Protection Bill in 2018 and the draft e-commerce policy.

But there appears to be some conflict between its usage in the two. Srikrishna endorses a collective protection of privacy by protecting an identifiable community that has contributed to community data. This requires the fulfilment of three key conditions: first, the data belong to an identifiable community; second, individuals in the community consent to being a part of it, and third, the community as a whole consents to its data being treated as community data. On the other hand, the Department of Promotion of Industry and Internal Trade’s (DPIIT) draft e-commerce policy looks at community data as “societal commons” or a “national resource” that gives the community the right to access it but government has ultimate and overriding control of the data. This configuration of community data brings into question the consent framework in the Srikrishna Bill.

The government’s attempt to harness data as a national resource for the development of AI-based solutions may be well-intentioned but is fraught with core problems in implementation.

The matter is further confused by treating “data as a public good”. This is projected in Chapter 4 of the 2019 Economic Survey published by the Ministry of Finance. It explicitly states that any configuration needs to be deferential to privacy norms and the upcoming privacy law. The “personal data” of an individual in the custody of a government is also a “public good” once the datasets are anonymised. At the same time, it pushes for the creation of a government database that links several individual databases, which leads to the “triangulation” problem, where matching different datasets together allows for individuals to be identified despite their anonymisation in seemingly disparate databases.

“Building an AI ecosystem” was also one of the ostensible reasons for data localisation—the government’s gambit to mandate that foreign companies store the data of Indian citizens within national borders. In addition to a few other policy instruments with similar mandates, Section 40 of the Draft Personal Data Protection Bill mandates that all “critical data” (this is to be notified by the government) be stored exclusively in India. All other data should have a live, serving copy stored in India even if transfer abroad is allowed. This was an attempt to ensure foreign data processors are not the sole beneficiaries of AI-driven insights.

The government’s attempt to harness data as a national resource for the development of AI-based solutions may be well intentioned but is fraught with core problems in implementation. First, the notion of data as a national resource or as a public good walks a tightrope with constitutionally guaranteed protections around privacy, which will be codified in the upcoming Personal Data Protection Bill. My concerns are not quite so grave in the case of genuine “public data” like traffic signal data or pollution data. However, the Economic Survey manages to crudely amalgamate personal data into the mix.

It also states that personal data in the custody of a government is a public good once the datasets are anonymised. This includes transactions data in the User Payments Interface (UPI), administrative data including birth and death records, and institutional data including data in public hospitals or schools on pupils or patients. At the same time, it pushes for a government database that will lead to the triangulation problem outlined above. The chapter also suggests that said data may be sold to private firms (unclear if this includes foreign or domestic firms). This not only contradicts the notion of public good but is also a serious threat to the confidentiality and security of personal data.

***

Therefore, along with the concerted endeavour to create data marketplaces, it is crucial for policy-makers to differentiate between public data and personal data individuals may consent to be made public. The parameters for clearly defining free and informed consent, as codified in the Draft Personal Data Protection Bill need to be strictly followed as there is a risk of de-anonymisation of data once it finds its way into the marketplace. Second, it is crucial for policy-makers to define clearly a community and parameters for what constitutes individual consent to be part of a community. Finally, along with technical work on setting up a national data marketplace, there must be protracted efforts to guarantee greater security and standards of anonymisation.

The National Strategy mentions that India should position itself as a “garage” for AI in emerging economies. This could mean Indian citizens are used as guinea pigs for AI-driven solutions at the cost of their rights.

Assuming that a constitutionally valid paradigm may be created, the excessive focus on data access by tech players dodges the question of the capabilities of analytic firms to process this data and derive meaningful insights from the information. Scholars on China, arguably the poster-child of data-driven economic growth, have sent mixed messages. Ding argues that despite having half the technical capabilities of the US, easy access to data gives China a competitive edge in global AI competition. On the contrary, Andrew Ng has argued that operationalising a sufficient number of relevant datasets still remains a challenge. Ng’s views are backed up by insiders at Chinese tech giant Tencent who say the company still finds it difficult to integrate data streams due to technical hurdles. NITI Aayog’s idea of a multi-stream data marketplace may theoretically be a solution to these potential hurdles but requires sustained funding and research innovation to be converted into reality.

The National Strategy suggests that government should create a multi-disciplinary committee to set up this marketplace and explore levers for its implementation. This is certainly the need of the hour. It also rightly highlights the importance of research partnerships between academia and the private sector, and the need to support start-ups. There is therefore an urgent need for innovative allied policy instruments that support the burgeoning start-up sector. Proposals such as data localisation may hurt smaller players as they will have to bear the increased fixed costs of setting up or renting data centres.

The National Strategy also incongruously mentions that India should position itself as a “garage” for the use of AI in emerging economies. This could mean Indian citizens are used as guinea pigs for AI-driven solutions at the cost of their fundamental rights. It could also imply that India should occupy a leadership position and work with other emerging economies to frame the global rights based discourse to seek equitable solutions for the application of AI that works to improve the plight of the most vulnerable in society.

***

Our constitutional ethos places us in a unique position to develop a framework that enables the actualisation of this equitable vision—a goal the policy instruments put out thus far appear to have missed. While the National Strategy includes a section on privacy, security and ethical implications of AI, it stops short of rooting it in fundamental rights and constitutional principles. As a centralised policy instrument, the National Strategy deserves praise for identifying key levers in the future of India’s AI ecosystem and, with the exception of the concerns I outlined above, it is at par with the policy-making thought process in any other nation.

When we start the process of using constitutional principles for AI governance, we must remember that as per Article 12, an individual can file a writ against the state for violation of a fundamental right if the action is taken under the aegis of a “public function”. To combat discrimination by private actors, the state can enact legislation compelling private actors to comply with constitutional mandates. In July, Rajeev Chandrashekhar, a Rajya Sabha MP, suggested a law to combat algorithmic discrimination along the lines of the Algorithmic Accountability Bill proposed in the US Senate. There are three core constitutional questions along the lines of the “golden triangle” of the Indian Constitution any such legislation will need to answer—those of accountability and transparency, algorithmic discrimination and the guarantee of freedom of expression and individual privacy.

Algorithms are developed by human beings who have their own cognitive biases. This means ostensibly neutral algorithms can have an unintentional disparate impact on certain, often traditionally disenfranchised groups.

In the MIT Technology Review, Karen Hao explains three stages at which bias might creep in. The first stage is the framing of the problem itself. As soon as computer scientists create a deep-learning model, they decide what they want the model to finally achieve. However, frequently desired outcomes such as “profitability”, “creditworthiness” or “recruitability” are subjective and imprecise concepts subject to human cognitive bias. This makes it difficult to devise screening algorithms that fairly portray society and the complex medley of identities, attributes and structures of power that define it.

The second stage Hao mentions is the data collection phase. Training data could lead to bias if it is unrepresentative of reality or represents entrenched prejudice or structural inequality. For example, most Natural Language Processing systems used for Parts of Speech (POS) tagging in the US are trained on the readily available data sets from the Wall Street Journal. Accuracy would naturally decrease when the algorithm is applied to individuals—largely ethnic minorities—who do not mimic the speech of the Journal.

According to Hao, the final stage for algorithmic bias is data preparation, which involves selecting parameters the developer wants the algorithm to consider. For example, when determining the “risk-profile” of car owners seeking insurance premiums, geographical location could be one parameter. This could be justified by the ostensibly neutral argument that those residing in inner-city areas with narrower roads are more likely to have scratches on their vehicles. But as inner cities in the US have a disproportionately high number of ethnic minorities or other vulnerable socio-economic groups, “pin code” becomes a facially neutral proxy for race or class-based discrimination.

***

The right to equality has been carved into multiple international human rights instruments and into the Equality Code in Articles 14-18 of the Indian Constitution. The dominant approach to interpreting the right to equality by the Supreme Court has been to focus on “grounds” of discrimination under Article 15(1), thus resulting in a lack of recognition of unintentional discrimination and disparate impact.

A notable exception, as constitutional scholar Gautam Bhatia points out, is the case of N.M. Thomas which pertained to reservation in promotions. Justice Mathew argued that the test for inequality in Article 16(4) is an effects-oriented test independent of the formal motivation underlying a specific act. Justice Krishna Iyer and Mathew also articulated a grander vision wherein they saw the Equality Code as transcending the embedded individual disabilities in class driven social hierarchies. This understanding is crucial for governing data driven decision-making that impacts vulnerable communities. Any law or policy on AI-related discrimination must also include disparate impact within its definition of “discrimination” to ensure that developers think about the adverse consequences even of well-intentioned decisions.

AI driven assessments have been challenged on grounds of constitutional violations in other jurisdictions. In 2016, the Wisconsin Supreme Court considered the legality of using risk assessment tools such as COMPAS for sentencing criminals. It affirmed the trial court’s findings and held that using COMPAS did not violate constitutional due process standards. Eric Loomis had argued that using COMPAS infringed both his right to an individualised sentence and to accurate information as COMPAS provided data for specific groups and kept the methodology used to prepare the report a trade secret. He additionally argued that the court used unconstitutional gendered assessments as the tool used gender as one of the parameters.

The Wisconsin Supreme Court disagreed with Loomis arguing that COMPAS only used publicly available data and data provided by the defendant, which apparently meant Loomis could have verified any information contained in the report. On the question of individualisation, the court argued that COMPAS provided only aggregate data for groups similarly placed to the offender. However, it went on to argue as the report was not the sole basis for a decision by the judge, a COMPAS assessment would be sufficiently individualised as courts retained the discretion and information necessary to disagree.

By assuming that Loomis could have genuinely verified all the data collected about similarly placed groups and that judges would exercise discretion to prevent the entrenchment of inequalities through COMPAS’s decision-making patterns, the judges ignored social realities. Algorithmic decision-making systems are an extension of unequal decision-making that re-entrenches prevailing societal perceptions around identity and behaviour. An instance of discrimination cannot be looked at as a single instance but as one in a menagerie of production systems that define, modulate and regulate social existence.

The policy-making ecosystem needs, therefore, to galvanise the “transformative” vision of India’s democratic fibre and study existing systems and power structures AI could re-entrench or mitigate. For example, in the matter of bank loans there is a presumption against the credit-worthiness of those working in the informal sector. The use of aggregated decision-making may lead to more equitable outcomes given that there is concrete thought on the organisational structures making these decisions and the constitutional safeguards provided.

Most case studies on algorithmic discrimination in Virgina Eubanks’ Automating Inequality or Safiya Noble’s Algorithms of Oppression are based on western contexts. There is an urgent need for publicly available empirical studies on pilot cases in India to understand the contours of discrimination. Primary research questions should explore three related subjects. Are specified ostensibly neutral variables being used to exclude certain communities from accessing opportunities and resources or having a disproportionate impact on their civil liberties? Is there diversity in the identities of the coders themselves? Are the training data sets used representative and diverse and, finally, what role does data driven decision-making play in furthering the battle against embedded structural hierarchies?

***

A key feature of AI-driven solutions is the “black box” that processes inputs and generates actionable outputs behind a veil of opacity to the human operator. Essentially, the black box denotes that aspect of the human neural decision-making function that has been delegated to the machine. A lack of transparency or understanding could lead to what Frank Pasquale terms a “Black Box Society” where algorithms define the trajectories of daily existence unless “the values and prerogatives of the encoded rules hidden within black boxes” are challenged.

Ex-post facto assessment is often insufficient for arriving at genuine accountability. For example, the success of predictive policing in the US was drawn from the fact that police have indeed found more crimes in areas deemed “high risk”. But this assessment does not account for the fact that this is a product of a vicious cycle through which more crime is detected in an area simply because more policemen are deployed. Here, the National Strategy rightly identifies that simply opening up code may not deconstruct the black box as not all stakeholders impacted by AI solutions may understand the code. The constant aim should be explicability which means the human developer should be able to explain how certain factors may be used to arrive at a certain cluster of outcomes in a given set of situations.

The requirement of accountability stems from the Right to Life provision under Article 21. As stated in the seven-judge bench in Maneka Gandhi vs. Union of India, any procedure established by law must be seen to be “fair, just and reasonable” and not “fanciful, oppressive or arbitrary.”

The Right to Privacy was recognised as a fundamental right by the nine-judge bench in K.S. Puttaswamy (Retd.) vs. Union of India. Mass surveillance can lead to the alteration of behavioural patterns which may in turn be used for the suppression of dissent by the State. Pulling vast tracts of data on all suspected criminals—as in facial recognition systems like PAIS—create a “presumption of criminality” that can have a chilling effect on democratic values.

Therefore, any use, particularly by law enforcement would need to satisfy the requirements for infringing on the right to privacy: the existence of a law, necessity—a clearly defined state objective—and proportionality between the state object and the means used restricting fundamental rights the least. Along with centralised policy instruments such as the National Strategy, all initiatives taken in pursuance of India’s AI agenda must pay heed to the democratic virtues of privacy and free speech and their interlinkages.

India needs a law to regulate the impact of Artificial Intelligence and enable its development without restricting fundamental rights. However, regulation should not adopt a “one-size-fits-all” approach that views all uses with the same level of rigidity. Regulatory intervention should be based on questions around power asymmetries and the likelihood of the use case adversely affronting human dignity captured by India’s constitutional ethos.

As an aspiring leader in global discourse, India can lay the rules of the road for other emerging economies not only by incubating, innovating and implementing AI powered technologies but by grounding it in a lattice of rich constitutional jurisprudence that empowers the individual.

The High Level Task Force on Artificial Intelligence (AI HLEG) set up by the European Commission in June 2018 published a report on “Ethical Guidelines for Trustworthy AI” earlier this year. They feature seven core requirements which include human agency and oversight; technical robustness and safety; privacy and data governance; transparency; diversity, non-discrimination and fairness; societal and environmental well-being; and accountability. While the principles are comprehensive, this document stops short of referencing any domestic or international constitutional law that helps cement these values. The Indian Constitution can help define and concretise each of these principles and could be used as a vehicle to foster genuine social inclusion and mitigation of structural injustice through AI.

At the centre of the vision must be the inherent rights of the individual. The constitutional moment for data driven decision-making emerges therefore when we conceptualise a way through which AI can be utilised to preserve and improve the enforcement of rights while also ensuring that data does not become a further avenue for exploitation.

National vision transcends the boundaries of policy and to misuse Peter Drucker, “eats strategy for breakfast”. As an aspiring leader in global discourse, India can lay the rules of the road for other emerging economies not only by incubating, innovating and implementing AI powered technologies but by grounding it in a lattice of rich constitutional jurisprudence that empowers the individual, particularly the vulnerable in society. While the multiple policy instruments and the National Strategy are important cogs in the wheel, the long-term vision can only be framed by how the plethora of actors, interest groups and stakeholders engage with the notion of an AI-powered Indian society.

For more details visit https://cis-india.org/internet-governance/blog/fountain-ink-october-12-2019-arindrajit-basu-we-need-a-better-ai-vision