Prometheus bound and gagged

praskrishna — 2012-02-14T04:47:46Z

Funny how a healthy person like me can collapse one day and end up in the hospital. The doctor who made me go through every lab test available, finally diagnosed the cause after a chat with me. Apparently, I collapsed because I’m getting angry, increasing my blood pressure. The only solution he said is to stop reading newspapers, as I’m getting agitated by headlines like ‘India can go the China way and block sites’, or by how the government says there’s no Internet censorship while all it’s actions point the other way.

The article by Adarsh Matham was published in the New Indian Express on 20 January 2012. Pranesh Prakash is quoted in this article.

Censorship is a word that is particularly abhorrent for someone like me, who grew up listening to tales of how people like Ramnath Goenka fought the censors during the Emergency. And to say that we’ll start blocking websites in India like China is doing, the most heart wrenching moment I’ve ever heard. While researching for this piece, I came across some information that is out in the open on the Internet, but which is not generating the level of debate it deserves. We seem to be immersed in discussing Kolaveri, while slowly sliding into an Orwellian nightmare. As an example, I didn’t know there are rules called ‘Intermediary Guidelines’ and ‘Cyber cafe rules’, and I bet you didn’t either. As Pranesh Prakash of Centre for Internet and Society (CIS) has pointed out in a blog post, these two rules alone, made up by the Department of IT in April 2011, give the government and citizens of India great powers at censoring the web by allowing them to get Internet firms to remove content that is ‘disparaging’, ‘doesn’t have rights to’, etc.

Killing freedom of speech is only the first crime of these rules as proved by the good people at CIS. To test these rules, they complained against some frivolous content to ISPs and Internet companies, which resulted in six out of seven listings being removed without informing posters or users. More alarmingly, of the 358 items the Government of India (and some states) has requested Google to remove, only eight were for hate speech, one for national security, and an astounding 255 for ‘government criticism’.

Since introducing these draconian rules, the tale only gets murkier. Not content with asking Internet firms to self-regulate, Kapil Sibal has introduced an amendment to the Copyright Act, which introduces section 52(1)(C ), that allows anyone to send a notice complaining about infringement of his copyright. While this sounds normal, the catch is that ‘the Internet company has to remove the content immediately without question, even if the notice is false or malicious’. This amendment is before Rajya Sabha, and considering how our Parliament passes bills without a debate, it’ll become a law very soon.

Baleful rules and people behind them fail to realise that such efforts will lead to the Streisand effect, whereby attempts to hide any information will lead to it being publicised more widely. Yes more widely, because you can take out some content, but India’s youth will re-post it in a million places within minutes, like they do with pirated movies. We play a lot of cunning games just to live peacefully in India already. Please don’t let us play them online too.

The writer is a tech geek.
Email: articles@theadarsh.net

For more details visit https://cis-india.org/news/prometheus-bound-and-gagged

Indecent Proposals

praskrishna — 2012-02-14T06:13:22Z

If Kapil Sibal’s attempts to police net content fructify, it may even lead to a reversal of some of the forward-looking provisions of the Information Technology (IT) Act, 2000. The new proposal, for instance, will reverse Section 79 which protects intermediaries (websites and carriers) from being prosecuted or made liable for any objectionable content published. Says Pranesh Prakash, programme manager, Centre for Internet and Society: “Unfortunately, what Sibal says turns this upside down as they would now be held responsible for e-content.” Sibal wants to monitor content prior to publication.

The article by Arindam Mukherjee was published in Outlook Magazine on December 19, 2011. Pranesh Prakash was quoted in it.

While there are privacy concerns, any attempt to do real-time monitoring could pose serious legal complications. Says cyber law expert Pavan Duggal: “This proposition could be ultra vires of the Constitution which guarantees fundamental rights under Article 19, which is about freedom of speech and expression subject to reasonable restrictions.” And the reasonable restrictions for monitoring, blocking and interception of internet content are already built into the IT Act.

Says Rajya Sabha MP Rajeev Chandrasekhar: “If Sibal was really serious about protecting people, he should have read the IT Act that has a section which allows a victim to legally pursue his/her claim of defamation. If Sibal has his way, DoT bureaucrats will decide what content is ‘appropriate’ or ‘inappropriate’.”

“If Sibal was really serious, he should have read the IT Act...it has a section on how victims can pursue defamation claims.”

Moreover, the IT Intermediary Guideline Rules, 2011, though still provisional, mandate that once service providers receive instructions, they have to remove objectionable content within 36 hours. The Act also has other specific provisions like Section 69, which provides safeguards for interception, monitoring/decryption of information; Section 69A which gives procedures and safeguards for blocking access of information by the public; Section 69B for monitoring and collecting traffic data or information. There are also provisions for obscenity and defamation, with steep fines prescribed. Following these, the state has blocked 11 websites since ’09

However, what Sibal and his men would have seen is the Act’s inability to act on the content freely flowing in social media sites. Says Duggal: “The IT Act, 2000, was amended in ’08, but doesn’t talk about social media which came up only around that time. There is a need to bring social media within the ambit of the Act. What Sibal is suggesting doesn’t exist anywhere in the world.” Monitoring social media websites would also be a huge challenge as crores of messages and tweets are generated from India everyday.

And privacy? Experts say since India does not have dedicated legislation on privacy, the government could escape any attack on that front. Although some privacy elements were added to the IT Act in 2008, its scope is limited and the concept of data privacy is missing. In fact, the law doesn’t even recognise a person’s right to data privacy!.

For more details visit https://cis-india.org/news/indecent-proposals