The Centre for Internet and Society
https://cis-india.org
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Reply to RTI filed with BSNL regarding Network Neutrality and Throttling
https://cis-india.org/internet-governance/blog/reply-to-rti-filed-with-bsnl-regarding-network-neutrality-and-throttling
<b>As part of its work on Network Neutrality, the Centre for Internet and Society through Tarun Krishnakumar had filed a Right To Information (RTI) application with Bharat Sanchar Nigam Ltd. (BSNL), a state-owned teleco holding a market share of 65 per cent in the Indian land line and broadband markets — regarding its position on and adherence to Network Neutrality principles.
</b>
<p style="text-align: justify; ">The application — targeted at easing the information asymmetry between internet service providers (ISPs) and consumers — elicited responses that provide interesting insights into the functioning of ISPs in India.</p>
<p>The application queried BSNL about its:</p>
<ul>
<li>Adherence to net neutrality / non-discrimination principles</li>
<li>Throttling on the basis of content</li>
<li>Throttling on the basis of protocol</li>
<li>Limiting traffic / speeds for pornographic websites</li>
<li>Limiting traffic / speeds for P2P / torrent connection</li>
</ul>
<ul>
</ul>
<p style="text-align: justify; ">In its reply, BSNL denied all forms of throttling on the basis of content and reaffirmed that it is bound by the terms of its ISP license granted by the Department of Telecommunications. The application and response are below:</p>
<p> </p>
<h3 style="text-align: center; "><a name="application"></a><b><span>Application</span>:</b></h3>
<p align="center" style="text-align: center; "><b><span>Request for Information under the Right to Information Act, 2005</span></b></p>
<p>To,</p>
<p>Sh. Suresh Kumar<br />Addl.GM (MIS) & CPIO ,BSNL Co.<br />R. No. -29, IR Hall<br />Eastern Court, Janpath<br />New Delhi – 110001</p>
<p><b>Date of application</b>: 08-10-2014</p>
<p align="center" style="text-align: center; "><span style="text-decoration: underline;"><b>Subject: Network Neutrality / Throttling / Data discrimination policies of BSNL</b></span></p>
<p style="text-align: justify; ">Please provide information as to the policies of BSNL / decisions taken in respect of the following questions. Please supply where possible a copy of the relevant documents, minutes of meeting, position papers etc.</p>
<ol>
<li>Does BSNL support the principle of net neutrality and non-discrimination of data?</li>
<li>Does BSNL regulate internet traffic flows depending on the type of content being accessed by the user on its broadband connections?</li>
<li>Does BSNL regulate internet traffic flows depending on the type of protocol being used by the user on its broadband connections?</li>
<li>Please provide details of the various types of content/protocols for which BSNL regulates traffic and the nature of such regulations, restrictions as the case may be.</li>
<li>Please provide a list of traffic for which BSNL engages in limiting internet speed or throttling.</li>
<li>Does BSNL limit internet traffic or upload/download speeds for pornographic websites and content?</li>
<li>Does BSNL limit internet traffic or upload/download speeds for Peer-to-peer or torrent connections?</li>
</ol>
<p>Please provide copies of all documents that pertain to BSNL’s policies and decisions in this regard.</p>
<p style="text-align: justify; ">It is certified that I am a citizen of India and that I do not fall within the BPL category. I am enclosing Rupees thirty (Rs. 30) towards the application fee and photocopying costs under the RTI Act for the information and documents requested. Kindly inform me at the address stated below if any further fees are required to be paid.</p>
<p><b>Applicant</b>:</p>
<p>Tarun Krishnakumar<br />Centre for Internet and Society<br />No.194, 2nd C Cross Road, Domlur II Stage,<br />Bangalore - 560071</p>
<p> </p>
<h3 style="text-align: center; "><span>RESPONSE FROM BSNL:</span></h3>
<div style="text-align: center; "><span><br /></span></div>
<p>To,</p>
<p>Sh. Tarun Krishnakumar<br />Centre for Internet and Society<br />No. 194, 2<sup>nd</sup> C Cross Road, Domulur II stage,<br />Bengaluru – 560071</p>
<p><span style="text-decoration: underline;">Subject: Supply of Information under RTI ACT – 2005</span></p>
<p>Case of Shri. Tarun Krishnakumar – reg.</p>
<p>Ref: - 1. No. BSNL/BBNW/RTI Act/Vol II/2012-13/52 dtd 28.10.2014</p>
<p>2. No. 23-744/14-RTI dtd 21.10.2014</p>
<p>With reference to the above subject, for the point wise information furnished as below:</p>
<ol>
<li>BSNL is following the guidelines as per the ISP License Agreement of DOT.</li>
<li>NO, BSNL is NOT regulating the Internet traffic flow based on content.</li>
<li>NO, BSNL is not regulating the Internet traffic flow based on the type of protocol.</li>
<li>Not Applicable</li>
<li>Not Applicable</li>
<li>NO</li>
<li>NO</li>
<li>The documents relating to above are available on DOT’s website http://dot.gov.in</li>
</ol>
<p>(Sd/-)</p>
<p>DE Admin and APIO<br />O/o General Manager<br />BBNW, BSNL,<br />5<sup>th</sup> floor, BG (E), TE Building,<br />Lazar Road, Fraser Town,<br />Bengaluru – 560005<br />Tel No. 080 - 25808878</p>
<p>Copy to:</p>
<ol>
<li>The Addl. GM (A) & CPIP O/o CGM, BBNW, New Delhi for information pl.</li>
</ol>
<p>The scanned version of the reply is available <a class="external-link" href="https://www.scribd.com/doc/250739602/BSNL-Reply-on-Net-Neutrality">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/reply-to-rti-filed-with-bsnl-regarding-network-neutrality-and-throttling'>https://cis-india.org/internet-governance/blog/reply-to-rti-filed-with-bsnl-regarding-network-neutrality-and-throttling</a>
</p>
No publishertarunInternet AccessNet NeutralityInternet GovernanceInformation Technology2014-12-22T14:45:03ZBlog EntryPycon India 2019
https://cis-india.org/internet-governance/news/pycon-india-2019
<b>K. Bhuvana Meenakshi gave a talk at BangPypers organized by Python Software Society in Bangalore on August 25, 2019. She spoke on Let the world experience WebXR!</b>
<p>For more info, <a class="external-link" href="https://www.meetup.com/BangPypers/events/kswpqqyzlbwb/">click here</a></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/pycon-india-2019'>https://cis-india.org/internet-governance/news/pycon-india-2019</a>
</p>
No publisherAdminInternet GovernanceInformation Technology2019-08-27T00:04:03ZNews ItemPrivacy after Big Data: Compilation of Early Research
https://cis-india.org/internet-governance/blog/privacy-after-big-data-compilation-of-early-research
<b>Evolving data science, technologies, techniques, and practices, including big data, are enabling shifts in how the public and private sectors carry out their functions and responsibilities, deliver services, and facilitate innovative production and service models to emerge. In this compilation we have put together a series of articles that we have developed as we explore the impacts – positive and negative – of big data. This is a growing body of research that we are exploring and
is relevant to multiple areas of our work including privacy and surveillance. Feedback and comments on the compilation are welcome and appreciated.</b>
<p> </p>
<h4><a href="https://github.com/cis-india/website/raw/master/docs/CIS_PrivacyAfterBigData_CompilationOfEarlyResearch_2016.11.pdf">Download the Compilation</a> (PDF)</h4>
<hr />
<h3><strong>Privacy after Big Data</strong></h3>
<p>Evolving data science, technologies, techniques, and practices, including big data, are enabling shifts in how the public and private sectors carry out their functions and responsibilities, deliver services, and facilitate innovative production and service models to emerge. For example, in the public sector, the Indian government has considered replacing the traditional poverty line with targeted subsidies based on individual household income and assets. The my.gov.in platform is aimed to enable participation of the connected citizens, to pull in online public opinion in a structured manner on key governance topics in the country. The 100 Smart Cities Mission looks forwards to leverage big data analytics and techniques to deliver services and govern citizens within city sub-systems. In the private sector, emerging financial technology companies are developing credit scoring models using big, small, social, and fragmented data so that people with no formal credit history can be offered loans. These models promote efficiency and reduction in cost through personalization and are powered by a wide variety of data sources including mobile data, social media data, web usage data, and passively collected data from usages of IoT or connected devices.</p>
<p>These data technologies and solutions are enabling business models that are based on the ideals of ‘less’: cash-less, presence-less, and paper-less. This push towards an economy premised upon a foundational digital ID in a prevailing condition of absent legal frameworks leads to substantive loss of anonymity and privacy of individual citizens and consumers vis-a-vis both the state and the private sector. Indeed, the present use of these techniques run contrary to the notion of the ‘sunlight effect’ - making the individual fully transparent (often without their knowledge) to the state and private sector, while the algorithms and means of reaching a decision are opaque and inaccessible to the individual.</p>
<p>These techniques, characterized by the volume of data processed, the variety of sources data is processed from, and the ability to both contextualize - learning new insights from disconnected data points - and de-contextualize - finding correlation rather than causation - have also increased the value of all forms of data. In some ways, big data has made data exist on an equal playing field as far as monetisation and joining up are concerned. Meta data can be just as valuable to an entity as content data. As data science techniques evolve to find new ways of collecting, processing, and analyzing data - the benefits of the same are clear and tangible, while the harms are less clear, but significantly present.</p>
<p>Is it possible for an algorithm to discriminate? Will incorrect decisions be made based on data collected? Will populations be excluded from necessary services if they do not engage with certain models or do emerging models overlook certain populations? Can such tools be used to surveil individuals at a level of granularity that was formerly not possible and before a crime occurs? Can such tools be used to violate rights – for example target certain types of speech or groups online? And importantly, when these practices are opaque to the individual, how can one seek appropriate and effective remedy.</p>
<p>Traditionally, data protection standards have defined and established protections for certain categories of data. Yet, data science techniques have evolved beyond data protection principles. It is now infinitely harder to obtain informed consent from an individual when data that is collected can be used for multiple purposes by multiple bodies. Providing notice for every use is also more difficult – as is fulfilling requirements of data minimization. Some say privacy is dead in the era of big data. Others say privacy needs to be re-conceptualized, while others say protecting privacy now, more than ever, requires a ‘regulatory sandbox’ that brings together technical design, markets, legislative reforms, self regulation, and innovative regulatory frameworks. It also demands an expanding of the narrative around privacy – one that has largely been focused on harms such as misuse of data or unauthorized collection – to include discrimination, marginalization, and competition harms.</p>
<p>In this compilation we have put together a series of articles that we have developed as we explore the impacts – positive and negative – of big data. This includes looking at India’s data protection regime in the context of big data, reviewing literature on the benefits of harms of big data, studying emerging predictive policing techniques that rely on big data, and analyzing closely the impact of big data on specific privacy principles such as consent. This is a growing body of research that we are exploring and is relevant to multiple areas of our work including privacy and surveillance. Feedback and comments on the compilation are welcome and appreciated.</p>
<p><em>Elonnai Hickok</em><br />Director - Internet Governance</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/privacy-after-big-data-compilation-of-early-research'>https://cis-india.org/internet-governance/blog/privacy-after-big-data-compilation-of-early-research</a>
</p>
No publisherSaumyaa NaiduHuman RightsIT ActBig DataPrivacyInternet GovernanceSmart CitiesData ProtectionInformation TechnologyPublications2016-11-12T01:37:03ZBlog EntryPolicy Shaping in the Indian IT Industry: Recommendations by NASSCOM, 2006-2012
https://cis-india.org/raw/policy-shaping-in-the-indian-it-industry-recommendations-by-nasscom-2006-2012
<b>This is the first of a series of three blog posts, authored by Pavishka Mittal, tracking the engagements by NASSCOM and iSPIRT in suggesting and shaping the IT industry policies in India during 2006-2016. This posts focuses on the policy activities of NASSCOM in 2006-2012 with specific reference to Special Economic Zones, E-Commerce Industry and Transfer Pricing, along with a few other miscellaneous important recommendations.</b>
<p> </p>
<p><strong>1.</strong> <a href="#1">Introduction</a></p>
<p><strong>2.</strong> <a href="#2">Tax Reforms in Special Economic Zones (SEZs)</a></p>
<p><strong>3.</strong> <a href="#3">E-Commerce Industry</a></p>
<p><strong>4.</strong> <a href="#4">Transfer Pricing Issues</a></p>
<p><strong>5.</strong> <a href="#5">Other Recommendations</a></p>
<p><strong>5.1.</strong> <a href="#5-1">Concerns with the Union Budget Proposals</a></p>
<p><strong>5.2.</strong> <a href="#5-2">Request for Clarity in Classification of Transactions and Guidelines</a></p>
<p><strong>5.3.</strong> <a href="#5-3">New Retrograde Obligations under Law</a></p>
<p><strong>6.</strong> <a href="#6">Endnotes</a></p>
<p><strong>7.</strong> <a href="#7">Author Profile</a></p>
<hr />
<h2 id="1">1. Introduction</h2>
<p>The National Association of Software and Services Companies (NASSCOM) was established in 1988 as a non-profit, global trade association registered under the Indian Societies Act 1860 representing the interests of the IT Industry, now with over 1500 members. Its objective is to facilitate trade in the software development and services, software products, IT enabled/BPO services and e-commerce. It also undertakes research projects for facilitating innovation in advanced software and maintains data on industry trends, even a national database of registered and verified knowledge workers in the industry. Nevertheless, its role of policy advocacy cannot be over emphasized. It regularly interacts with the Government of India to bring about a favourable business environment for the IT Industry.</p>
<p>This blog post, the first part in a series, discusses NASSCOM’s major issues with policies of the Government of India in the period 2006-2012. The concerns of the IT industry, as highlighted by NASSCOM in the period aforementioned are with reference to the Special Economic Zones, E-Commerce Industry and Transfer Pricing broadly along with other miscellaneous important recommendations. The subsequent blog posts will focus on specific tax issues post 2012 and will elaborately discuss transfer pricing related concerns.</p>
<h2 id="2">2. Tax Reforms in Special Economic Zones (SEZs)</h2>
<p>The ITes and BPO industry constitutes a sizable portion of the number of SEZs in the country <strong>[1]</strong> so much so that it has been argued that the IT industry alone reaps the benefits of the SEZs and STPIs to the exclusion of the other sectors <strong>[2]</strong>.</p>
<p>The most salient incentive in the SEZ Act enacted by the Government of India in 2005 had been income tax exemption of export profits which contributed to the scheme’s success in attracting major investments <strong>[3]</strong>. Further, exemption from minimum alternate tax had been provided under section 115JB of the Income Tax Act. However, in 2011, the government decided to impose a Minimum Alternate Tax upto the rate of 18.5% on the book profits of SEZ’s developers and units through the Finance Act 2012 by introducing amendments to the Income Tax Act 1961, to be effective from April 2012 <strong>[4]</strong>. NASSCOM took a strong stance against equality in corporate tax liability as such tax is sought to be imposed upon income derived from investments made with a commitment of tax exemption. The intention of the government in making such policies having regressive outcomes will be judged if key promised characteristics of SEZs were differential economic laws from the remaining domestic territory. For all practical purposes, they are deemed to be foreign territories for the levy of trade duties and tariffs <strong>[5]</strong>. In the case of Mindtree Limited v. Union of India <strong>[6]</strong>, software company Mindtree argued that the imposition of MAT in SEZs was against the concept of promissory estoppel and the doctrine of legitimate expectation, which rendered such taxes constitutionally invalid <strong>[7]</strong>. Even though a time limit was not prescribed for the above tax exemption, it was argued that SEZ policy was predicated on tax relief and the subsequent change in policy was arbitrary and unfair. Individual taxpayers and undertakings should not be affected by subsequent laws if they make sizable investments, modify business models and bear the added expenses of moving into or developing a SEZ. It cannot be disputed that this argument is untenable keeping in mind that the legislature cannot be bound by past promises in line with practical considerations and their independence with regard to the effective discharge of public functions. It was held that the legislature cannot be bound by the doctrine of promissory estoppel <strong>[8]</strong>.</p>
<p>The Adani group had also challenged the imposition of MAT in the Gujarat HC in 2011 on the ground that that any amendments to the SEZ Act can only be brought about by amendments to the SEZ Act itself, and not through the Finance Act <strong>[9]</strong>. The SC in Madurai District Central Cooperative Bank Ltd. <strong>[10]</strong> held that the parliament has the authority to introduce a new charge of tax even by incorporating it in any other statute other than the act. However, the fact remains that such policies lead to a volatile business environment and the importance of stable business policies cannot be overemphasized. In 2011, NASSCOM recommended that MAT be withdrawn as it is opposed to the government’s long term policy of SEZ’s growth <strong>[11]</strong>. Alternatively, it stated that the imposition of MAT be withdrawn to ensure the continued economic viability of the SEZs which have already been notified by the government <strong>[12]</strong>. It also stated that international norms should be applied for the determination of the MAT rate, which was 1/3rd of the corporate tax rates <strong>[13]</strong>.</p>
<p>Another concern highlighted by other stakeholders was the prescribed period of ten years for the setting of the MAT against regular tax liability. This MAT credit may expire or be on the verge of expiration for participants in SEZs who enjoy tax holiday for a prescribed number of years when they start operations due to absence of initial tax liability. Foreign investors will face difficulties in claiming tax benefits in their home jurisdictions for MAT paid in India. Further, the exemption granted to SEZ developers as to the levy of Dividend Distribution Tax @ 15% has been revoked by the Finance Ministry in 2011 severely affecting the IT industry.</p>
<p>The government finally took note of the increased disinvestment as a consequence of such taxes and proposed to make the imposition of MAT and Dividend Distribution Tax inapplicable to SEZ’s in 2015 <strong>[14]</strong>.</p>
<h2 id="3">3. E-Commerce Industry</h2>
<p>NASSCOM in 2012 suggested the lowering of the interchange tax rate on debit cards transactions by the RBI. Debit cards possess lower risk in comparison to credit cards, the transactions being concluded immediately and the same should be reflected in the form of differential taxes. A standard 1-2% interchange/transaction fees were generally levied by banks. NASSCOM also recommended the introduction of a 2% tax incentive on the purchase of products online to facilitate increased purchases and encourage consumers to even undertake small value transactions online. Further, it emphasized that the base of e-commerce users have to be expanded. It commented on the differences in the Internet usage costs between China and India, USD 10 and USD 15-20 respectively. High internet usage costs can only be indicative of reduced Internet access. However, this is not to state that the E-commerce industry is unsuited for India due to infrastructural inefficiencies. NASSCOM has stated that India as of 2012 possesses over 100 million Internet users. Technology has to be developed which would reduce dropout rates of transactions. Further it suggested the creation of an online receipt repository which would store all online transaction receipts, accessible through mobile phones or the internet. It would contribute in increasing customer confidence by enabling tracking of payment, delivery etc.</p>
<p>The RBI in response to the recommendations of NASSCOM and the Online Payment Advisory Group <strong>[15]</strong> and in consultation with all concerned stakeholders, decided to put a maximum limit on the Merchant Discount Rate (MDR) for transactions undertaken with a debit card [16].</p>
<h2 id="4">4. Transfer Pricing Issues</h2>
<p>Transfer Pricing has become the dominant international tax issue affecting multinational corporations operating in India [17]. As noted by NASSCOM, a steep rise in litigation and the number of transfer pricing adjustments with the Indian Revenue Authority (IRA) has been observed due to ‘increased scrutiny’ by the IRA who has been rejecting the profit declared by foreign companies accruing to Indian subsidiaries by applying very high markups in this sector. Increased complications in setting valid prices through this process have arisen due to the rising presence of ‘highly complex transactions’ involving intangibles and multi-tiered services across the world. The Finance Act 2012 extended the applicability of domestic party transactions to certain related domestic parties, if the aggregate value of such transactions exceeds INR 5 crore, to any expenditure with respect to which deduction is claimed while calculating profits and to transactions related to businesses eligible for profit-linked tax incentives, including SEZ units under section 10AA <strong>[18]</strong>.</p>
<p>NASSCOM has proposed a three pronged approach to the problem of backlog of cases and absence of certainty of price of transactions:</p>
<ol><li>Implementation of Safe Harbour provisions to resolve existing disputes.</li>
<li>Introduction of Advance Pricing Agreements <strong>[19]</strong> to set fair and transparent prices.</li>
<li>Initiation of review of the structure and procedure of the Dispute Resolution Panel <strong>[20]</strong>.<br /></li></ol>
<p>The Finance Act 2009 introduced section 92CB <strong>[21]</strong> in the Income Tax Act 1961 which provided for the subjection of the arms length price determined under section 92C or section 92CA to Safe Harbour Rules, to be declared by the Central Board of Direct Taxes (CBDT). For the valid determination of such a transfer price, the minimum transfer price that a taxpayer is expected to earn for international transactions is prescribed along with certain specific norms for particular transactions. The safe harbour transfer price for eligible transactions is subject to certain prescribed minimum ceilings <strong>[22]</strong>. A price determined in accordance with such guidelines would be deemed to be an Arms Length Price (ALP). To that extent the safe Harbour Rules are in the nature of ‘presumptive taxation’ and incentivises IT firms to avoid unnecessary litigation by opting for the same. Unilateral, bilateral and multilateral Advance Pricing Agreements, binding on the taxpayer and the revenue authorities for five consecutive years have been introduced with effect from 1 July 2012. Certain domestic transactions are inapplicable for APA’s in the absence of other monetary conditions/stipulations under law for entering into an APA. Documentation on comparables is required to be maintained to substantiate compliance with arms length principle.</p>
<p>The concerns of the prescribed rates include non-representation of industry benchmarks and economic realities in as much as the prescribed rates exceed the actual arms length prices, often leading to the risk of double taxation in foreign jurisdictions. The division of IT services into two components has also been criticized as many of the activities might overlap. NASSCOM has stated that it is not clear how the existing current issues are proposed to be resolved. The introduction of domestic parties as applicable parties to be subject to the transfer pricing regulations will only increase the complexity in the law. There has been subsequent judicial development involving the establishment of some principles for the valid determination of comparables for the purpose of identifying an acceptable transfer price which will be discussed in the next blog post.</p>
<h2 id="5">5. Other Recommendations</h2>
<h3 id="5-1">5.1. Concerns with the Union Budget Proposals</h3>
<p>NASSCOM summarized that the Union Budget Proposals 2012-13 focus on the reduction of the fiscal deficit through higher taxation rather than expenditure management. More specifically, it focuses on the following concerns of the IT Industry:</p>
<ul><li>The issues of tax simplification have not been resolved as no roadmap for the implementation of the Direct Taxes Code and the Goods and Services Tax Bill has been provided.</li>
<li>The increase in the Current Account Deficit should have incentivized the government to introduce measures which facilitate high value exports, which has been wholly ignored from the budget.</li>
<li>Increase in indirect taxes, namely excise duty and service tax is a retrograde policy measure.</li>
<li>Restrictive conditions in the SEZ Act 2005 which do not facilitate the setting up of small companies, have to be modified.</li>
<li>There is no mention of reduction of Tax Deducted at Source (TDS) for SMEs and introduction of non-profit linked incentives in the form of employment benefits etc. in the proposal.</li>
<li>Similar provisions should also be introduced for Tier II and III cities in the country.</li>
<li>Some announcements as to the simplification of service tax refund and the removal of the provisions involving dual levy of service tax and VAT are not sufficient to resolve ambiguities in law. NASSCOM, in light of the increasing delays of service tax, suggested exemption of export activity from such tax and the applicability of a simplified mechanism similar to CENVAT wherein exemption will be provided to exporters in proportion of their exports to total sales.</li></ul>
<h3 id="5-2">5.2. Request for Clarity in Classification of Transactions and Guidelines</h3>
<p>NASSCOM in its pre-budget recommendations had suggested that in light of the confusion of the characterization of software as goods or services and the resultant dual taxation, in the form of taxes paid to both the Central and the State Governments, the provision of software, whether customized or packaged should be treated as a service irrespective of the media and mode of transfer with the assurance from the States that no VAT shall be leviable on software. Further, guidelines have to be outlined for various e-commerce transactions like database subscription, cloud computing, webhosting and data warehousing. Onsite exporter of services are being denied the benefits of certain tax exemptions due to the sunset of STPI provisions, thus forming the need for a formal clarification by the government deeming these activities to be an integral component of the IT services industry.</p>
<h3 id="5-3">5.3. New Retrograde Obligations under Law</h3>
<p>NASSCOM emphasized that the introduction of certain provisions, related to GAAR, related party transactions and the withholding of tax in the Finance Bill, some of these retrospective in nature, enhance the difficulties faced by the IT industry. Increased obligations on the corporate tax payers in the form of imposition of additional taxes will only increase the scope of multiple interpretations of the provisions which will lead to the exercise of discretionary powers by the tax authorities.</p>
<h2 id="6">6. Endnotes</h2>
<p><strong>[1]</strong> As of September 2011, a significant majority of the 143 operational SEZs in the country belonged to the IT/ITeS and electronic hardware as per data released by the Ministry of Commerce and Industry.</p>
<p><strong>[2]</strong> See: <a href="http://articles.economictimes.indiatimes.com/2012-02-25/news/31099874_1_sez-unit-sez-promoters-multi-product">http://articles.economictimes.indiatimes.com/2012-02-25/news/31099874_1_sez-unit-sez-promoters-multi-product</a>.</p>
<p><strong>[3]</strong> Section 10AA of the Income Tax Act provides for 100% income tax exemption on export income for SEZ units for the first five years, 50% for the next five years and 50% of the ploughed back export profit for the next five years.</p>
<p><strong>[4]</strong> See: <a href="http://www.business-standard.com/article/economy-policy/govt-imposes-18-5-mat-on-sez-developers-units-111022800153_1.html">http://www.business-standard.com/article/economy-policy/govt-imposes-18-5-mat-on-sez-developers-units-111022800153_1.html</a>.</p>
<p><strong>[5]</strong> See: <a href="http://articles.economictimes.indiatimes.com/2005-07-08/news/27506703_1_special-economic-zone-act-sez-act-sez-bill">http://articles.economictimes.indiatimes.com/2005-07-08/news/27506703_1_special-economic-zone-act-sez-act-sez-bill</a>.</p>
<p><strong>[6]</strong> (2013)260CTR(Kar)146.</p>
<p><strong>[7]</strong> The doctrines of promissory estoppel and legitimate expectation, arising from legal relationships and reasonable expectation, respectively, are flexible equitable reliefs not defined in any statute. Judicial decisions have held that a party would not be entitled to go back on a clear and unequivocal promise which was intended to create legal relations, knowing or intending that it would be acted upon by the other party to whom the promise was made and acted upon by the other party under the doctrine of promissory estoppel. Legitimate expectation of a certain treatment arises against representation by an administrative authority, whether express (through promises), or implied (through consistent past practice) despite absence of any right otherwise.</p>
<p><strong>[8]</strong> It was held that the action of the government is legal as every tax exemption provision should also incorporate a sunset clause. The deletion of the exemption under law would only reduce the erosion of the tax base.</p>
<p><strong>[9]</strong> See: <a href="http://articles.economictimes.indiatimes.com/2011-05-11/news/29532409_1_sez-act-minimum-alternative-tax-mat">http://articles.economictimes.indiatimes.com/2011-05-11/news/29532409_1_sez-act-minimum-alternative-tax-mat</a>.</p>
<p><strong>[10]</strong> Madurai District Central Cooperative Bank Ltd. v. ITO (1975) 101 ITR 24(SC), the form and method of introduction of a legislation is not of importance provided the requirement of competence by the legislature to pass the deemed law with respect to its subject matter is satisfied. An amendment of a taxing statute, by an unconventional method of incorporation through an act of a different pith and substance is not unconstitutional. The primary purpose of the Finance Acts is to prescribe tax rates for taxes specified in the Income Tax Act. However, the above fact does not restrain the freedom of the legislature to impose an altogether new tax through the Finance Act or any other deemed legislation besides the Income Tax Act.</p>
<p><strong>[11]</strong> See: <a href="http://www.nasscom.in/nasscom-prebudget-recommendations">http://www.nasscom.in/nasscom-prebudget-recommendations</a>.</p>
<p><strong>[12]</strong> Ibid.</p>
<p><strong>[13]</strong> Ibid.</p>
<p><strong>[14]</strong> See: <a href="http://articles.economictimes.indiatimes.com/2015-02-13/news/59119589_1_sez-developers-and-units-minimum-alternate-tax-special-economic-zones">http://articles.economictimes.indiatimes.com/2015-02-13/news/59119589_1_sez-developers-and-units-minimum-alternate-tax-special-economic-zones</a>.</p>
<p><strong>[15]</strong> Formed in 2012 to examine the challenges faced by the E-commerce Industry in India and to recommend changes needed to facilitate the creation of a vibrant online payment sector.</p>
<p><strong>[16]</strong> Not exceeding 1 percent for transaction amount for value above 2,000. The directive was issued under section 18 of the Payments and Settlement Systems Act, with effect from July 1, 2012.</p>
<p><strong>[17]</strong> See: <a>http://www.pwc.com/gx/en/international-transfer-pricing/assets/india.pdf</a>.</p>
<p><strong>[18]</strong> This amendment would extend to any other transaction as may be specified and would be applicable for FY 2012-13 and subsequent years.</p>
<p><strong>[19]</strong> An Advance Pricing Agreement, generally covering multiple years, entered into between a taxpayer and at least one tax authority lays down the method of transfer pricing to be applicable to the taxpayer’s inter-company transactions which eliminates the need for transfer pricing adjustments for enclosed transactions provided the terms of the agreement are complied with.</p>
<p><strong>[20]</strong> The Finance Act 2009 inserted section 144C in the Income Tax Act which provides for the constitution of an alternative dispute resolution mechanism for transfer pricing taxation matters, namely a DRP (Dispute Resolution Panel) consisting of three commissioners rank officers.</p>
<p><strong>[21]</strong> Section 92CB defines Safe Harbour to be ‘circumstances under which the income tax authorities shall accept the transfer pricing declared by the assessee.’ The procedure for adopting safe harbour, the transfer price to be adopted, the compliance procedure upon adoption of safe harbours and circumstances in which a safe harbour adopted may be held to be invalid is specified in the new rules in 10TA to 10AG issued by the CBDT on 18th September 2013.</p>
<p><strong>[22]</strong></p>
<ul><li>Provision of software development services and information technology enabled services with insignificant risks- upto rs 500 crore- 20% or more on total operating costs, above rs 500 crore- 22% or more on total operating costs.</li><li>Provision of knowledge processes outsourcing services with insignificant risks-25% or more on total operating costs.</li><li>Provision of specified contract R & D services wholly or partly relating to software development with insignificant risks- 30% or more on total operating costs.</li></ul>
<p> </p>
<h2 id="7">7. Author Profile</h2>
<p>Pavishka Mittal is a law student at West Bengal National University of Juridical Sciences, Kolkata and has completed her second year. She takes contemporary dance very seriously and hopes to contribute to the dance community in India. Other than dancing, she indulges in binge-watching in her spare time.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/policy-shaping-in-the-indian-it-industry-recommendations-by-nasscom-2006-2012'>https://cis-india.org/raw/policy-shaping-in-the-indian-it-industry-recommendations-by-nasscom-2006-2012</a>
</p>
No publisherPavishka MittalSpecial Economic ZonesTransfer Pricing PolicyNASSCOMResearchE-CommerceNetwork EconomiesIndustrial PolicyResearchers at WorkInformation Technology2016-07-04T08:11:05ZBlog EntryParticipation in the meeting of LITD 17 at BIS
https://cis-india.org/internet-governance/news/participation-in-the-meeting-of-litd-17-at-bis
<b>On September 25, 2019, Gurshabad Grover along with Elonnai Hickok and Karan Saini attended the meeting of the Information Systems Security & Privacy Sectional Committee (LITD17) of the Bureau of Indian Standards (BIS).</b>
<p>Some agenda points:</p>
<div id="_mcePaste" style="text-align: justify; ">
<ul>
<li>Elonnai, Karan and Gurshabad had submitted comments on two standards related to infomration security of biometrics systems: (i) ISO/IEC 24745: 2011 <span>Information Technology – Security techniques – Biometric information protection; (ii) Doc. No. LITD 17 (3595) ISO/IEC 19792: 2009 Information </span><span>Technology – Security techniques – Security evaluation of biometrics. Gurshabad Grover is now serving in a panel with BIS and MeitY representatives to discuss </span><span>how the standards compare to UIDAI's standards and governing regulations.</span></li>
<li><span>Gurshabad </span>updated the committee with my plan of participation at the ISO/IEC JTC 1 SC 27 meetings (which were held earlier this month in Paris).</li>
<li>Gurshabad will be joining a panel to discuss and further develop a draft mobile phone security standard for India.</li>
</ul>
</div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/participation-in-the-meeting-of-litd-17-at-bis'>https://cis-india.org/internet-governance/news/participation-in-the-meeting-of-litd-17-at-bis</a>
</p>
No publisherAdminInternet GovernanceInformation Technology2019-11-02T06:30:29ZNews ItemOne. Zero.
https://cis-india.org/digital-natives/www-indianexpress-com-one-zero
<b>The digital world is the world of twos. All our complex interactions, emotional negotiations, business transactions, social communication and political subscriptions online can be reduced to a string of 1s and 0s, as machines create the networks for the human beings to speak. So sophisticated is this network of digital infrastructure that we forget how our languages of connection are constantly being transcribed in binary code, allowing for the information to be transmitted across the web. </b>
<hr />
<p style="text-align: justify;">Nishant Shah's article was <a class="external-link" href="http://www.indianexpress.com/news/one.-zero./1003149/0">published</a> in the Indian Express on September 16, 2012</p>
<hr />
<p style="text-align: justify;">Indeed, we have already reached a point where we don’t even need to be familiar with code to perform intimate functions with the machines that we live with, as they respond to us in human languages. While this human-machine duality has been resolved with the presence of intuitive and interactive interfaces that allow us to seamlessly connect to the person(s) at the other end of a digital connection, there is another binary that still remains at the centre of much discussion around all things digital.</p>
<p style="text-align: justify;">This is the duality of the Real and the Virtual. In geekspeak, this particular separation has been coded as a divide between RL (Real Life) and VR (Virtual Reality). This separation between the two is so naturalised that it has become a part of our everyday imagination where things that happen online are ‘out there’ and ‘an escape’ whereas things that are offline, are ‘real’ and ‘believable’. However, as digital technologies become pervasive and ubiquitous, these lines between RL and VR have blurred. Especially with new technologies of augmented reality and simulated layers like Google Goggles or even location-based services on your smartphone that help you navigate through the offline world, it is becoming difficult to clearly say what is online and what is offline.</p>
<p style="text-align: justify;">There are two questions that help demonstrate this blurring of boundaries very clearly. The first is an existential one, something that doesn’t crop up often in conversations, but suddenly haunts you on at 2 pm on an idle Thursday: Who are you, when you are online? A famous cartoon on the web had two dogs sitting on a connected computer, their paws on the mouse, and telling each other, ‘On the internet, nobody knows you are a dog’. But in the hyper-connected world that we live in, everybody knows exactly who we are, even as we ourselves are confused about where our bodies end and where our digital extensions and avatars begin. Things that we do in RL affect and shape the ways in which our avatars evolve on social networking sites. The interactions that our avatars have with other digital objects map back on our understanding of who we are and how we dress our bodies. Even when we are not connected, our avatars interact, constantly, not only with other avatars in the system, but also machines and artificial intelligence scripts, and robots and networks, masquerading as ourselves even outside our knowledge. We might be tagged, liked, shared, transmitted and morphed; we might be photoshopped, reduced to a tweet, condensed to a status message, embodied in an avatar on our favourite role playing game, or hovering as a signature to emails. These are all parts of us, but they are not just extensions of us. These are things that not only stand in for us but also shape the ways in which we understand ourselves and how we connect to the world.</p>
<p style="text-align: justify;">The second question crops up regularly in digitally mediated conversations. When your parents call you on the cell phone, or your friend messages you on the Blackberry, or your colleague pings you on Skype or your IRC buddies see you on a chat channel. As our modes of access have become mobile and devices of access have become portable, we can never really clearly answer the question, ‘Where are you right now?’. It is a question worth dwelling on. Where are you when you are walking down a street, using GPRS data on your cellphone, and a friend uses a Voice Over IP service like Whatsapp to ask you, ‘Where are you right now?’. Are you on the street? On your phone? On an application? Located somewhere on a server? Bits of data on a high-speed optic fibre, zooming across the ionosphere? Depending upon who is asking the question, you would be able to and in fact have to give a different answer about where you are when you are online.</p>
<p style="text-align: justify;">This blurred duality might be seen as confusing, taking away the assurance of our body and our geography from everyday practices. In fact, one of the reasons why the digital revolution has been so well received is because these technologies facilitate an almost seamless transfer of ideas, emotions and connections across the different realms of RL and VR, offering us new ways of thinking about being human, being social, and being connected. The strength of the digital is in this coupling together, of the hitherto irreconcilable realms of our life in messy and enchanting ways, giving us new opportunities to think about who we are and where we are in our quotidian lives.</p>
<p>
For more details visit <a href='https://cis-india.org/digital-natives/www-indianexpress-com-one-zero'>https://cis-india.org/digital-natives/www-indianexpress-com-one-zero</a>
</p>
No publishernishantResearchers at WorkInformation TechnologyDigital Natives2015-04-24T11:50:32ZBlog EntryOn the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
https://cis-india.org/internet-governance/blog/on-the-legality-and-constitutionality-of-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021
<b>This note examines the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The analysis is consistent with previous work carried out by CIS on issues of intermediary liability and freedom of expression. </b>
<p><span id="docs-internal-guid-6127737f-7fff-b2eb-1b4a-ff9009a1050f"></span></p>
<p dir="ltr">On 25 February 2021, the Ministry of Electronics and Information Technology (Meity) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereinafter, ‘the rules’). In this note, we examine whether the rules meet the tests of constitutionality under Indian jurisprudence, whether they are consistent with the parent Act, and discuss potential benefits and harms that may arise from the rules as they are currently framed. Further, we make some recommendations to amend the rules so that they stay in constitutional bounds, and are consistent with a human rights based approach to content regulation. Please note that we cover some of the issues that CIS has already highlighted in comments on previous versions of the rules.</p>
<p dir="ltr"> </p>
<p dir="ltr">The note can be downloaded <a class="external-link" href="https://cis-india.org/internet-governance/legality-constitutionality-il-rules-digital-media-2021">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/on-the-legality-and-constitutionality-of-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021'>https://cis-india.org/internet-governance/blog/on-the-legality-and-constitutionality-of-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021</a>
</p>
No publisherTorsha Sarkar, Gurshabad Grover, Raghav Ahooja, Pallavi Bedi and Divyank KatiraFreedom of Speech and ExpressionInternet GovernanceIntermediary LiabilityInternet FreedomInformation Technology2021-06-21T11:52:39ZBlog EntryNames Not Numbers Mumbai
https://cis-india.org/news/names-not-numbers
<b>Names Not Numbers Mumbai is part of an annual series of invitation-only ideas conferences for 100 key players and thinkers across politics, business, media, culture, academia and technology to discuss and debate what individuality in a mass age means. Names Not Numbers Mumbai is put together by the Media, Analysis & Networking company Editorial Intelligence in association with the British Council, the Financial Times and partners including Jnanapravaha.</b>
<p>Taking place on Saturday 26th November 2011 in the south of the city, with a brief recorded address by Professor Amartya Sen, the Nobel Laureate economist.</p>
<p>Please note, guest registation will be closing on Monday 21st November, if you would still like to register to attend after this date, please email <a class="external-link" href="mailto:events@editorialintelligence.com.">events@editorialintelligence.com</a>.</p>
<h3>Speakers include:</h3>
<p><strong>Vinita Bali</strong>, Managing Director, Britannia Industries; <strong>R Balakrishnan</strong> (Balki), Chairman & Chief Creative Officer, <strong>Lowe Lintas</strong>, Mumbai; <strong>Venky Balakrishnan</strong>, Global Vice President, Diageo Plc; <strong>Shyam Benegal</strong>, distinguished multi-award-winning director & screenwriter; <strong>Mihir Bose</strong>, Writer & Broadcaster; <strong>James Crabtree</strong>, Mumbai Correspondent, Financial Times; <strong>Kishwar Desai</strong>, novelist & winner of the Costa First Novel Award 2010; <strong>Aditya Dev Sood</strong>, Founder & CEO, Center for Knowledge Societies; Professor <strong>Rachel Dwyer</strong>, Professor of Indian Culture and Cinema, SOAS; <strong>AA Gill</strong>, award-winning travel writer, reviewer & critic; <strong>Tristram Hunt</strong> MP, Member of Parliament & Author; <strong>Jo Johnson</strong> MP, former Associate Editor, Financial Times & author ‘Reconnecting Britain and India - Ideas for an Enhanced Partnership’; <strong> Rajesh Kejriwal</strong>, Kaoorius; <strong>Amit Khanna</strong>, Head, Reliance Entertainment; <strong>Vikram Mehta</strong>, Chairman, Shell India; <strong>Nasser Munjee</strong>, Chairman, DCB; <strong>Narinder Nayar</strong>, Chairman of Mumbai First & Managing Director, Concast (India); <strong>Cameilla Panjabi</strong>;<strong> Rashmi Poddar</strong>, cultural polymath, founder & director, Jnanapravaha; <strong>Sujata Sen</strong>, British Council; <strong>Nishant Shah</strong>, Director, the Center for Internet Society; <strong>Parmesh Shahani</strong>, Head of India Culture Lab, author of ‘Gay Bombay’, & editor-at-large of Verve; <strong>Meera Syal</strong>, actor, writer & bestselling author; and Dr <strong>Shashi Tharoor</strong> MP, MP & Author.</p>
<h3>See what participants say about Names Not Numbers UK</h3>
<p>"Terrific organisation, fabulous participants, challenging programme... and a simply great location."<br /><strong>Peter Kellner</strong>, President, YouGov</p>
<p>"We made a strange community in that magical place and I loved being part of it."<br /><strong>Suzanne Moore</strong>, Columnist, The Guardian and Mail on Sunday</p>
<p>"Amazing organisation, people, conversations…can we go next weekend please?"<br /><strong>Morice Mendoza</strong>, Mendoza Media</p>
<p>"I learned so much, met so many fascinating people, and came away with so many ideas that it is hard to credit that it all happened in 48 hours!"<br /><strong>Dylan Jones</strong>, Merryck & Co</p>
<p>"The value of Names Not Numbers is enormous, real and singular. Every aspect of the organization, the topics, the panels, up to the walk on the beach was a work of art and a labour of love."<br /><strong>Inmaculada Martinez</strong>, Partner, Opus Corporate Finance LLP</p>
<p>"It was a jewel of a weekend….thoroughly enjoyable and quite remarkable."<br /><strong>Frieda Hughes</strong>, Author, Painter and Poet</p>
<p>"By the end I'd lost my voice but was upheld by the formless euphoria of Names Not Numbers."<br /><strong>Sarah Churchwell</strong>, Senior Lecturer in American Literature & Culture, University of East Anglia</p>
<p>"Never has thought provocation been quite so affirming."<br /><strong>Baroness Oona King</strong>, Diversity Executive Channel 4</p>
<p>"There were poignant transformational moments over the weekend which made us reflect, re-evaluate preconceptions and challenge our thinking. So much is still percolating in my head."<br /><strong>Chantal Tregear</strong>, Director, Taylor Bennett</p>
<p>"A really fantastic experience... a meeting of minds."<br /><strong>Simon Schama</strong>, Historian and Broadcaster</p>
<p>"The best Salon since 1901."<br /><strong>Nassim Nicholas Taleb</strong>, Former Trader and Author ‘The Black Swan’</p>
<p>"It was an utterly brilliant and stimulating weekend."<br /><strong>William Eccleshare</strong>, President and CEO, Clear Channel International</p>
<p>"Thank you for a superb weekend – stimulating, creative, and beautifully organised."<br /><strong>Emily Kasriel</strong>, Executive Producer, ‘The Forum’, BBC World Service</p>
<p>"It was both thought-provoking and highly civilised."<br /><strong>James Mackintosh</strong>, Investment Editor, Financial Times</p>
<h3>Saturday, 26th November, 2011<br /></h3>
<table class="plain">
<tbody>
<tr>
<td>9.30-10.00</td>
</tr>
<tr>
<td>Arrivals and Greetings</td>
</tr>
<tr>
<td>10.15 - 10.30</td>
</tr>
<tr>
<td>Welcome messages from<strong> Julia Hobsbawm</strong> of Editorial Intelligence and <strong>Javed Gaya</strong>, Chair, Names Not Number Mumbai 2011.<br /><br />One minute's Silence for the Victims of the Mumbai Attacks 26/11/2008 followed by music by classical Indian vocalist <strong>Purvi Parikh</strong><br /></td>
</tr>
<tr>
<td>10.30 - 10.45</td>
</tr>
<tr>
<td><strong>Reflections: 26/11 and its aftermath</strong><br />Recorded remarks from Nobel Laureate, Professor Amartya Sen, specially recorded at Trinity College, Cambridge for the occasion and Dr Shashi Tharoor MP, MP & author, on: '26/11: Three Years Later' .<br /></td>
</tr>
<tr>
<td>10.45 - 11.30</td>
</tr>
<tr>
<td><strong>India's Place in a Threatening World</strong><br />Chair: <strong>James Crabtree</strong>, Financial Times<br />Panel to include: <strong>Mihir Bose</strong>, Writer & Broadcaster; <strong>Narinder Nayar</strong>, Mumbai First & Managing Director, Concast (India) Limited and Dr <strong>Shashi Tharoor</strong> MP, MP & Author and Tristram Hunt MP, author<br /></td>
</tr>
<tr>
<td>11.30 – 11.45</td>
</tr>
<tr>
<td>Tea Break</td>
</tr>
<tr>
<td>11.45 - 12.45</td>
</tr>
<tr>
<td><strong>Business Responsibility: Philanthropy and Individualism; Corporate Individuality and Accountability</strong><br />Chair: <strong>Jo Johnson</strong> MP, former Associate Editor, Financial Times & author ‘Reconnecting Britain and India - Ideas for an Enhanced Partnership'<br />Panel to include:<strong> Vinita Bali</strong>, Managing Director, Britannia Industries <strong>Vikram Mehta</strong>, Chairman, Shell India; <strong>Nasser Munjee</strong>, Chairman, DCB and <strong>Roopa Purushothaman</strong>, Managing Director – Research, Everstone Capital Advisors Pvt Ltd</td>
</tr>
<tr>
<td>12.45 – 14.15<br /></td>
</tr>
<tr>
<td>Launch of Financial Times India app in the gardens over lunch. Including remarks from <strong>Rob Grimshaw</strong>, Managing Director, FT.com</td>
</tr>
<tr>
<td>14.15 <br /></td>
</tr>
<tr>
<td>Afternoon Session Begins. Welcome remarks from <strong>Rob Lynes</strong>, British Council.</td>
</tr>
<tr>
<td>14.15 – 15.05</td>
</tr>
<tr>
<td><strong>The Influence of Cinema on Media & Communications</strong><br />Chair: Professor <strong>Rachel Dwyer</strong>, Professor of Indian Culture and Cineman, SOAS<br />Panel: <strong>R Balakrishnan</strong> (Balki), Chairman & Chief Creative Officer, <strong>Lowe Lintas</strong>, Mumbai; <strong>Shyam Benegal</strong>, writer and director; <strong>Amit Khanna</strong>, Head, Reliance Entertainment and <strong>Meera Syal</strong>, Actor, writer and bestselling author</td>
</tr>
<tr>
<td>15.05 – 16.10</td>
</tr>
<tr>
<td><strong>The New Digital Individual: Is New Technology Liberating or Enslaving? </strong><br />Chair: <strong>Rob Grimshaw</strong>, Managing Director, FT.com<br />Panel: <strong>Aditya Dev Sood</strong>, Founder, Center for Knowledge Socities; <strong>Rajesh Kejriwal</strong>, Founder & CEO, Kyoorius Group; <strong>Dan Lloyd</strong>, Director of Public Policy for Emerging Markets, Vodafone & <strong>Nishant Shah</strong>, Director, the Center for Internet and Society</td>
</tr>
<tr>
<td>16.10 – 16.30</td>
</tr>
<tr>
<td>Tea Break</td>
</tr>
<tr>
<td>16.30 – 17.15</td>
</tr>
<tr>
<td><strong>Crisis & Culture: Does Creativity Thrive on Turmoil? </strong><br />Chair: <strong>Sujata Sen</strong>, British Council<br />Panel to include: <strong>Kishwar Desai</strong>, novelist & Winner Costa First Novel Award 2010; Dr. <strong>Rashmi Poddar,</strong> Director Jnanapravaha Mumbai Art History & Aesthetics and <strong>Parmesh Shahani</strong>, Head of India Culture Lab, author of ‘Gay Bombay’, and editor-at-large of ‘Verve’</td>
</tr>
<tr>
<td>17.15 – 18.15</td>
</tr>
<tr>
<td>One To One : Writer & critic A.A. Gill in conversation with bestselling food writer <strong>Camellia Panjabi</strong></td>
</tr>
<tr>
<td>19.00 - 21.00</td>
</tr>
<tr>
<td>Evening cocktail reception hosted by The Oberoi Group.</td>
</tr>
</tbody>
</table>
<p>See the bios of the speakers <a class="external-link" href="http://www.namesnotnumbers.com/mumbai/speakers-and-panellists.htm">here</a><br />
For the list of partners, <a class="external-link" href="http://www.namesnotnumbers.com/mumbai/partners.htm">click here</a><br />
For registrations, <a class="external-link" href="http://www.namesnotnumbers.com/mumbai/register-interest.htm">click here</a><br />
About Editorial Intelligence, <a class="external-link" href="http://www.namesnotnumbers.com/mumbai/about-ei.htm">see here</a></p>
<p>The details about the event was published in Editorial Intelligence, it can be read <a class="external-link" href="http://www.namesnotnumbers.com/mumbai/index.htm">here</a></p>
<p><br /><a class="external-link" href="http://www.namesnotnumbers.com/mumbai/partners.htm"></a></p>
<p><a class="external-link" href="http://www.namesnotnumbers.com/mumbai/partners.htm"><br /></a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/news/names-not-numbers'>https://cis-india.org/news/names-not-numbers</a>
</p>
No publisherpraskrishnaInformation Technology2011-11-21T05:04:09ZNews ItemM-governance gains momentum
https://cis-india.org/news/m-governance
<b>Governments worldwide have successfully deployed mobile-based technologies for providing a wide variety of public services, and the Indian States are following suit.</b>
<p>A few years ago, Kerala launched ‘Dr. SMS,' an m-health information system, for providing information on medical facilities available in the locality of the resident. Goa followed, with a mobile governance initiative for issuing alerts for receipt of government applications and complaints and status tracking. Next came Maharashtra. It adopted a similar traffic management system through mobile alerts.<br /><br />"It is obvious, from the way in which mobile markets have grown in India, that not only are mobile phone-based applications are popular, but they are also more inclusive in their reach because it is a medium that people are familiar with," says Nishant Shah, director-research, Centre for Internet and Society in Bangalore.<br /><br />A laudable initiative launched by the Greater Hyderabad Municipal Corporation in September tries to use technology in an area that requires continuous monitoring. A mobile phone-based Intelligent Garbage Monitoring System enables sanitary supervisors to report the status of cleaning of garbage bins through their GPS-enabled mobile phones. Centralised reports as well as those of individual bins can be generated with the system. The map with a GIS interface spans all areas of the city. Managing the number of trips, gathering daily summary of the clearance and, most importantly, reports of the bins that are full but have not been cleared can also be obtained.<br /><br />When trash is collected, each bin is photographed with a camera phone. The image is loaded on the website, where it is monitored by an administrator in the municipality office. Earlier, the clearing of bins was monitored through information from sanitary supervisors.<br /><br />"The manual process consumes a lot of time. The use of information technology to monitor municipal services can also increase worker productivity," says S. Raghavendra, administration officer, Ministry of Communications and Information Technology.<br /><br />Experts say that though mobile applications for public services delivery use light technologies, they require collaboration among all stakeholders.</p>
<p>This article by Vasudha Venugopal was published in the Hindu on November 20, 2011. The original can be read <a class="external-link" href="http://www.thehindu.com/sci-tech/technology/article2644352.ece?homepage=true">here</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/m-governance'>https://cis-india.org/news/m-governance</a>
</p>
No publisherpraskrishnaInformation Technology2011-11-21T03:46:37ZNews ItemList of Chairman and Members of CRAC
https://cis-india.org/internet-governance/resources/chairman-and-members-of-crac
<b>Notification on the constitution of the "Cyber Regulation Advisory Committee"</b>
<p align="center">LIST OF CHAIRMAN AND MEMBERS OF CYBER REGULATION ADVISORY COMMITTEE</p>
<p align="center">NOTIFICATION<a href="#_ftn1">[1]</a></p>
<p align="right">17th October, 2000</p>
<p><i>In exercise of the powers conferred by section 88 of the Information Technology Act, 2000 (21 of 2000) the Central Government hereby constitute the “Cyber Regulation Advisory Committee”, consisting of the following, namely: – </i></p>
<p>1. <a href="#_ftn2">[2]</a>[Minister, Communication and Information Technology] - Chairman</p>
<p>2. Secretary, Legislative Department - Member</p>
<p>3. Secretary, <a href="#_ftn3">[3]</a>[Ministry of Communication and Information Technology, Department of Information Technology] - Member</p>
<p>4. Secretary, Department of Telecommunications - Member</p>
<p>5. Finance Secretary - Member</p>
<p>6. Secretary, Ministry of Defence - Member</p>
<p>7. Secretary, Ministry of Home Affairs - Member</p>
<p>8. Secretary, Ministry of Commerce - Member</p>
<p>9. Deputy Governor, Reserve Bank of India - Member</p>
<p>10. Shri T.K. Vishwanathan, Presently Member Secretary, Law Commission - Member [<i>sic</i>]</p>
<p>11. President, NASSCOM - Member</p>
<p>12. President, Internet Service Provider Association - Member</p>
<p>13. Director, Central Bureau of Investigation - Member</p>
<p>14. Controller of Certifying Authority - Member</p>
<p>15. Information Technology Secretary by rotation from the States - Member</p>
<p>16. Director General of Police by rotation from the States - Member</p>
<p>17. Director, IIT by rotation from the IITs - Member</p>
<p>18. Representative of CII - Member</p>
<p>19. Representative of FICCI - Member</p>
<p>20. Representative of ASSOCHAM - Member</p>
<p>21. <a href="#_ftn4">[4]</a>[Scientist “6”, Department of Information Technology] - Member Secretary</p>
<p> </p>
<p>2. Travelling Allowance/Dear Allowance, as per the Central Government rules, for non-official members shall be borne by the Ministry of Communication and Information Technology, Department of Information Technology.</p>
<p>3. The Committee may co-opt any person as member based on specific meetings</p>
<p align="center">_______________________</p>
<p><br clear="all" /></p>
<hr align="left" size="1" width="33%" />
<p><a href="#_ftnref1">[1]</a> <i>Vide </i>G.S.R. 790(E), dated 17th October, 2000</p>
<p><a href="#_ftnref2">[2]</a> Subs. by G.S.R. 839(E), dated 23rd December, 2004 for “Minister, Information Technology”.</p>
<p><a href="#_ftnref3">[3]</a> Subs. by G.S.R. 839(E), dated 23rd December, 2004 for “Minister, Information Technology”.</p>
<p><a href="#_ftnref4">[4]</a> Subs. by G.S.R. 839(E), dated 23rd December, 2004 for “Senior Director, Ministry of Information Technology”</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/resources/chairman-and-members-of-crac'>https://cis-india.org/internet-governance/resources/chairman-and-members-of-crac</a>
</p>
No publishersnehashishIT ActInternet GovernanceInformation Technology2012-12-02T06:22:25ZPageLeveraging Web Application Vulnerabilities for Reconnaissance and Intelligence Gathering
https://cis-india.org/internet-governance/news/leveraging-web-application-vulnerabilities-for-reconnaissance-and-intelligence-gathering
<b>Karan Saini gave a talk at the JSFoo Conference at the GRD College of Science in Coimbatore, Tamil Nadu on July 5, 2019. The event was organized by Has Geek.</b>
<p>Click to <a class="external-link" href="http://cis-india.org/internet-governance/files/jsfoo-talk">view Karan's presentation</a></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/leveraging-web-application-vulnerabilities-for-reconnaissance-and-intelligence-gathering'>https://cis-india.org/internet-governance/news/leveraging-web-application-vulnerabilities-for-reconnaissance-and-intelligence-gathering</a>
</p>
No publisherAdminInternet GovernanceInformation Technology2019-07-22T01:39:14ZNews ItemKapil Sibal & Co shoot down motion to kill IT Rules: cite terrorism, drugs
https://cis-india.org/news/sibal-shoot-down-motion-to-kill-it-rules
<b>The Information Technology (Intermediaries Guidelines) Rules 2011 (The Rules) continue to breathe after the statutory motion to annul them moved by member of parliament (MP) from Kerala P Rajeeve was defeated by voice vote in the Rajya Sabha yesterday.</b>
<p><a class="external-link" href="http://www.legallyindia.com/Social-lawyers/motion-to-kill-it-rules-defeated">This blog post by Prachi Shrivastava was published in Legally India on May 18, 2012</a></p>
<p>Telecom Minister Kapil Sibal was heard on Rajya Sabha TV saying: “We are more liberal than US and Europe but let’s not cut our arms.”</p>
<p>Sibal countered Rajeeve’s annulment motion arguing that the government needs to be armed to meet the “new challenges” posed by “new media”, according to <a class="external-link" href="http://www.livemint.com/2012/05/17225536/Govt-pledges-to-review-plans-t.html">Mint</a>.</p>
<p>"Kapil Sibal reminds me of badly briefed counsels fumbling in the High Court" tweeted <a class="external-link" href="https://twitter.com/#!/pranesh_prakash">Pranesh Prakash</a> of the Centre for Internet and Society (CIS) as Sibal was mid-delivery in contending that online media not registered in India escaped the ambit of Indian legislation and thus created the peril of terrorism and increased drug peddling.</p>
<p>Another person tweeted: "The gist of Sibal’s argument was that we need to censor the internet because people are doing drugs."</p>
<p>Sibal’s answer to MP Ram Yadav’s attack on The Rules for being inconsistent with their parent act – the Information Technology Act 2000 (IT Act) – was that <a class="external-link" href="http://www.mit.gov.in/sites/upload_files/dit/files/GSR314E_10511(1).pdf">Rule 3(2)</a> which prescribes “due diligence” to be observed by an internet intermediary, originates from <a class="external-link" href="http://www.lawzonline.com/bareacts/information-technology-act/section66A-information-technology-act.htm">Section 66A of the IT Act</a>, thus making the rules consistent with the parent act.</p>
<p>Section 3(2) obligates the intermediary to take down content posted on a website, on the basis of several undefined criteria.</p>
<p>"Minister you have created perverse incentives for censoring speech through law. That is regulation, not merely a definition of due diligence” proclaimed Supreme Court advocate <a class="external-link" href="https://twitter.com/#!/aparatbar">Apar Gupta</a> in a tweet posted during Sibal’s defense of the rules.</p>
<p>Prakash tweeted: "The IT Rules don’t just prescribe ‘due diligence’ but create a takedown mechanism. That’s not the same thing Mr. Sibal."</p>
<p>Sibal went on to establish that the government’s motive was not censorious by stating: “It is your choice, you are free to work with the user who complains to an intermediary. Where does the government come in?”</p>
<p>To which quipped Prakash: “Government is not censoring. It has created a system by which anyone can censor with impunity.”</p>
<h3>Jaitley in-perspective</h3>
<p>Leader of the opposition senior advocate Arun Jaitley objected to The Rules holding that terms such as “disparaging”, ”libellous”, “defamatory”<a class="external-link" href="http://www.legallyindia.com/201201182502/Legal-opinions/sopa-blackout-day-bah-wheres-the-kolaveri-about-indias-it-act-intermediaries-rules"> not defined in the Act or the Rules but enabling take-down of content</a>, could be misused, according to <a class="external-link" href="http://timesofindia.indiatimes.com/tech/news/internet/Internet-would-have-made-1975-Emergency-a-fiasco-Arun-Jaitely/articleshow/13219214.cms">Times of India</a>.</p>
<p>IBN Live reported him as urging Sibal to "reconsider the language of restraints".</p>
<p>Sibal addressed the house inviting objections from MPs on specific “words” contained in The Rules which provide for control of speech over the internet, according to<a class="external-link" href="http://ibnlive.in.com/generalnewsfeed/news/govt-for-consensus-on-rules-for-internet-content-control/999876.html"> PTI</a>.</p>
<p>He further proposed to call a meeting of “stakeholders” to discuss the MPs’ objections, and assured that the consensus that emerges from the meeting will be implemented.</p>
<h3>Draconian Censorious Rules</h3>
<p><a class="external-link" href="http://www.legallyindia.com/Social-lawyers/mps-to-be-taught-draconian-it-act-rules-as-indianet-support-galvanises-for-annul-motion">Legally India</a> reported last month how Rajeeve was trying to spread awareness among MPs about the draconian effect of the Rules which censor free speech and expression, by over-scrutinising users of the internet, over-authorising intermediaries to monitor content posted over the internet, and letting the government, individuals and institutions by-pass the due process of law.</p>
<p>The Rules in their present form require intermediaries - providers of internet, telecom, e-mail or blogging services, including cyber cafes - to publish terms of use prohibiting users from publishing content of the nature specified in the Rules.</p>
<p>Once the intermediaries have knowledge of posted content that is in violation of such terms of use, they are liable for compensation if they fail to initiate action for removal of the posted content.</p>
<p>Some of the categories of prohibited content specified in the Rules are undefined, are not an offence under existing law, and <a class="external-link" href="http://www.legallyindia.com/201203062622/Bar-Bench-Litigation/read-first-writ-challenging-censorious-it-act-intermediaries-rules-in-kerala">are claimed to be in violation of article 19(1) of the Constitution guaranteeing the freedom of speech and expression</a>.</p>
<p>CIS uncovered an additional problem the rules pose - that of <a class="external-link" href="http://www.legallyindia.com/201112072434/Regulatory/kapil-sibal-to-sterilise-net-but-cis-sting-shows-6-out-of-7-websites-already-trigger-happy-to-censor-content-under-chilling-it-act">“over-complying” intermediaries</a> who in order to minimize the risk of liability may block more content than required, adversely impacting the fundamental right guaranteed under article 19(1).</p>
<p>"By and large, the impression is that India is going in the direction of censorship," Mint reported cyber law expert and supreme court lawyer Pavan Duggal as saying, yesterday.</p>
<p>
For more details visit <a href='https://cis-india.org/news/sibal-shoot-down-motion-to-kill-it-rules'>https://cis-india.org/news/sibal-shoot-down-motion-to-kill-it-rules</a>
</p>
No publisherpraskrishnaFreedom of Speech and ExpressionPublic AccountabilityInternet GovernanceCensorshipInformation Technology2012-05-24T09:45:43ZNews ItemIT (Amendment) Act, 2008, 69B Rules: Draft and Final Version Comparison
https://cis-india.org/internet-governance/blog/it-amendment-act-69-b-draft-and-final-version-comparison
<b>Jadine Lannon has performed a clause-by-clause comparison of the Draft 69B Rules and official 69B Rules under Section 69B in order to better understand how the two are similar and how they differ. Notes have been included on some changes we deemed to be important.</b>
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<p style="text-align: justify; ">There has been a considerable amount of re-arrangement and re-structuring of the various clauses between the 69B Draft Rules and the official Rules, as can be seen in the comparison chart, but very little content has been changed. The majority of the changes made to the official Rules are changes in wording and language that serve to provide some much-needed clarification to the Draft Rules (see the differences between Clause (9) of the Draft Rules and sub-section (4) of Clause (3) of the official Rules as an example). Language redundancies, as well as full clauses (Clause [6] of the Draft Rules) have been thankfully removed in the official Rules.</p>
<p style="text-align: justify; ">Aside from the addition of four definitions, including a definition for a “security policy”, a phrase which appears in the Draft Rules without being defined, Clause (2) contains what is most likely one of the more noteable changes between the two definitions: under sub-section (g) in the 69 Rules, the words “or unauthorised use” have been added to the definition of “cyber security breaches”, which significantly increases the scope of what can be considered a cyber security breach under the Rules.</p>
<p style="text-align: justify; ">A significant change between the two sets of rules can be found in sub-section (2) of Clause (8) of the official rules, which states that, “<i>save as otherwise required for the purpose of any ongoing investigation, criminal complaint or legal proceedings </i>the intermediary or the person in-charge of computer resource shall destroy records pertaining to directions for monitoring or collection of information”. The section in italics has been added to the original Clause (22) of the Draft Rules, meaning that when the Rules were originally drawn up, no exceptions were to be made for the destructions of the records for the issuing of directions for monitoring and/or the collected information. They would simply have to be destroyed within six months of the discontinuance of the monitoring/collection.</p>
<p style="text-align: justify; ">One change that may or may not be significant is the replacement of the words “established violations” in the Draft Rules to simply “violation” in the official Rules in Clauses (19)/(6), which deal with the responsibility of the intermediary. This could be taken to mean that suspected and/or perceived violations may also be punishable under this clause, but this is a hard stance to argue. Most likely the adjustment was made when those superfluous and/or convoluted parts of the Draft rules were being removed.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/it-amendment-act-69-b-draft-and-final-version-comparison'>https://cis-india.org/internet-governance/blog/it-amendment-act-69-b-draft-and-final-version-comparison</a>
</p>
No publisherjdineInternet GovernanceInformation Technology2013-04-30T09:47:46ZBlog EntryIT (Amendment) Act, 2008, 69 Rules: Draft and Final Version Comparison
https://cis-india.org/internet-governance/blog/it-amendment-act-69-rules-draft-and-final-version-comparison
<b>Jadine Lannon has performed a clause-by-clause comparison of the Draft 69 Rules and official 69 Rules under Section 69B in order to better understand how the two are similar and how they differ. Very brief notes have been included on some changes we deemed to be important.
</b>
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<p style="text-align: justify; ">Similar to the other comparisons that I have done on the 69A and 69B Draft and official Rules, the majority of the changes between these two sets of rules serves to restructure and clarify various clauses in the Draft 69 Rules.</p>
<p style="text-align: justify; ">Three new definitions appear in the Clause (2) of the 69 Rules, including a definition for “communication”, which appears in the Draft Rules but has no associated definition under Clause (2) of the Draft Rules.</p>
<p style="text-align: justify; ">Clause (31) of the Draft Rules, which deals with the requirement of security agencies of the State and Union territories to share any information gathered through interception, monitoring and/or decryption with federal agencies, does not make an appearance in the official rules. Further, this necessity does not seem to be implied anywhere in the official 69 Rules.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/it-amendment-act-69-rules-draft-and-final-version-comparison'>https://cis-india.org/internet-governance/blog/it-amendment-act-69-rules-draft-and-final-version-comparison</a>
</p>
No publisherjdineInternet GovernanceIntermediary LiabilityInformation Technology2013-04-30T09:56:07ZBlog EntryISO/IEC JTC 1 SC 27 Working Group Meetings - A Summary
https://cis-india.org/internet-governance/blog/iso-iec-jtc-1-sc-27-working-group-meetings-a-summary
<b>The Centre for Internet & Society attended the ISO/IEC JTC 1 SC 27 Working Group Meetings from 22 to 27 October 2016 in Abu Dhabi at Abu Dhabi National Exhibition Centre.</b>
<p style="text-align: justify; ">Being a member of Working Group 5: Information technology - Security techniques – Identity management and privacy technologies, we attended the following meetings:</p>
<ol style="text-align: justify; ">
<li>WD 29184 Guidelines for online privacy notices and consent- As technological advancement and wider availability of communication infrastructures has enabled collection and analysis of information regarding an individuals' activities, along with people becoming aware about privacy implications of the same, this standard aims to provides a framework for organizations to provide clear and easily under information to consumers about how the organization will process their PII.</li>
<li>SP PII Protection Considerations for Smartphone App providers - Being a 1-year long project proposed during the ISO/IEC SC 27 JTC 1 Working Group Meetings in Jaipur in the year 2015. This group aims to build off a privacy framework for mobile applications to guide app developers on the lines of ISO/IEC 29100 international standard (which defines a broad privacy framework for information technologies) in light of excessive data collection by apps in absence of consent or justification, lack of comprehensive policies, Non transparent practices, Lack of adequate choice and consent, to ensure protection of rights of the individuals, etc. and will work towards ensuring a harmonized and standardized privacy structure for mobile application data policies and practices. </li>
<li>WD 20889 Privacy enhancing data de-identification techniques- Given the importance of Data de-identification techniques when it comes to PII to enable the exploitation of the benefits of data processing while maintaining compliance with regulatory requirements and the relevant ISO/IEC 29100 privacy principles, the selection, design, use and assessment of these techniques needs to be performed appropriately in order to effectively address the risks of re-identification in a given context.</li>
<li>SP Privacy in Smart Cities- Being a 1-year long project proposed during the ISO/IEC SC 27 JTC 1 Working Group Meetings in Jaipur this group saw contributions from Japan, India, PRIPARE in EU, to name a few. The scope for the group was proposed to produce a framework in light of data ownership, communication channels, privacy risk and impact assessment in smart cities, data lifecycle privacy governance for smart cities, and Develop use cases and contexts for Privacy Controls w.r.t the data lifecycle in Smart Cities, along with detailed documentation of Privacy Controls for Smart Cities aligned to the primary controls and associated sub controls. </li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/iso-iec-jtc-1-sc-27-working-group-meetings-a-summary'>https://cis-india.org/internet-governance/blog/iso-iec-jtc-1-sc-27-working-group-meetings-a-summary</a>
</p>
No publishervanyaInternet GovernanceInformation Technology2016-12-16T23:53:19ZBlog Entry