The Centre for Internet and Society
https://cis-india.org
These are the search results for the query, showing results 81 to 95.
Why was the Gwalior court in such a hurry to block IIPM URLs?
https://cis-india.org/news/first-post-feb-19-2013-danish-raza-why-was-the-gwalior-court-in-such-a-hurry-to-block-iipm-urls
<b>Is it really that easy to get courts to block online content as it appears from the latest case of the blocking of 73 URLs related to IIPM? Legally speaking, yes.
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<p style="text-align: justify; ">The article by Danish Raza was <a class="external-link" href="http://www.firstpost.com/india/why-was-the-gwalior-court-in-such-a-hurry-to-block-iipm-urls-630650.html">published in FirstPost on February 19, 2013</a>. Snehashish Ghosh's analysis on blocked sites is quoted.</p>
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<p>In cases of defamation, violations of copyright and trademark law and threats to national security, courts can direct the government agency (CERT-in or Computer Emergency Response Team- India) to take down the offending content. And these can be ex-parte orders. Meaning the person or organisation posting the content online is not intimated every time the material is blocked.</p>
<p style="text-align: justify; ">Legality aside however, advocates of free speech say that such court orders should be exceptions and not the rule. There is a perception that the process in its current form – right from the filing of court case to the content being taken offline- is opaque.</p>
<p style="text-align: justify; ">Traditionally the Internet has been viewed as a more liberal, open and democratic platform as compared to traditional media. Through such orders, says Delhi based advocate and expert on cyber law Apar Gupta, courts seem to give out a warning that online content is not outside the purview of the law.</p>
<p style="text-align: justify; ">The problem in this case however, is not the ‘warning’ itself. It is the way that the warning is being given that is setting the wrong precedent.</p>
<p style="text-align: justify; ">The blocks on IIPM related URLs is based on an interim order passed by a Gwalior court. The head of the institute, Arindam Chaudhuri <a href="http://www.firstpost.com/tech/glad-defamatory-links-with-malicious-interests-removed-arindam-chaudhuri-627714.html" rel="nofollow" target="_blank">in an exclusive interview with </a><i><a href="http://www.firstpost.com/tech/glad-defamatory-links-with-malicious-interests-removed-arindam-chaudhuri-627714.html" rel="nofollow" target="_blank">Firstpost</a>, </i>said that the case was filed last year by one his ‘channel partners’. He added that the court had made him a party in the case only in January and he would soon respond to court orders.</p>
<p style="text-align: justify; ">Three of the affected parties (<i>Careers 360, Caravan</i> and <i>Kafila),</i> however, said that they were never informed about the blocks, <a href="http://www.livemint.com/Politics/roausYEth9b0TvZv4r0whN/Govt-orders-blocking-of-IIPMrelated-URLs.html" target="_blank">reported </a><i><a href="http://www.livemint.com/Politics/roausYEth9b0TvZv4r0whN/Govt-orders-blocking-of-IIPMrelated-URLs.html" target="_blank">Mint</a>.</i></p>
<p style="text-align: justify; ">After the block orders, Shivam Vij, founder of the blog, <i>Kafila,</i> <a href="http://www.firstpost.com/tech/glad-defamatory-links-with-malicious-interests-removed-arindam-chaudhuri-627714.html" target="_blank">told </a><i><a href="http://www.firstpost.com/tech/glad-defamatory-links-with-malicious-interests-removed-arindam-chaudhuri-627714.html" target="_blank">Firstpost</a>,</i> “This is against the principle of natural justice. The court blocked the URL of my blog without giving me a chance to defend myself.</p>
<p style="text-align: justify; ">While there are occasions warranting the urgent removal of content, experts say similar exigency need not be shown in cases of defamatory content.</p>
<p style="text-align: justify; ">In his analysis of blocked URLs related to IIPM, Snehashish Ghosh from the Centre for Internet and Society (CIS), a Bangalore based organisation, <a href="https://cis-india.org/internet-governance/blog/analyzing-latest-list-of-blocked-urls-by-dot" target="_blank" rel="nofollow">notes that according to the Bonnard Rule</a>, in a defamation case, interim injunction should not be awarded unless a defence of justification by the defendant was certain to fail at trial level. “Therefore, it appears that the (Gwalior) Court order has moved away from the settled principles of law while awarding an interim injunction for blocking of content related to IIPM”, says the report.</p>
<p style="text-align: justify; ">Commenting on court ordered blocks, Parminder Jeet Singh, executive director of IT for change, a Bangalore based organisation which works on internet governance issues, says, “When there is clear imminent danger or threat to the society, as in case of possible rioting, immediate removal of content without notifying and hearing the other party is understandable. But defamatory content does not fall in this category. Decisions on such largely civil matter should be taken with due deep consideration, after listening to all parties. And by far the considerations of free speech should have overwhelming weight in making decisions.”</p>
<p style="text-align: justify; ">Singh adds that “Even if it is considered necessary to remove any content, a fully transparent process has to be followed.”</p>
<p style="text-align: justify; ">The most common reason cited for not sending notices before removing the content is the tiresome process of zeroing in on the one person or authority responsible for posting the content, says Prabir Purkayastha of Knowledge Commons, an organisation which promotes open source information. “If you approach intermediaries such as Google or Yahoo, they will rightly say that they can provide details only if they are allowed to do as per international treaties,” says Purkayastha. But when there is clarity on who put the content online, like in the IIPM case, he says, “DoT cannot absolve itself from the responsibility of writing at least an email to these entities.”</p>
<p style="text-align: justify; ">In the case of Tata Sons Ltd. vs Green Peace International, cited by Ghosh of CIS, the Delhi High Court addressed the question whether posting or publishing of libelous material on the Internet calls for a different standard. Ghosh writes, “The court decided that there cannot be a separate standard for the Internet while awarding temporary injunction in defamation cases. The wider viewership or accessibility compared to other medium does not alter the fact that it is a medium.”</p>
<p style="text-align: justify; ">Purkayastha agrees. “Freedom of speech and expression and the restraints on it, as enshrined in the constitution, should not depend on the medium of expression. But due to the haste shown by courts in blocking online content, it appears that courts seem be applying two sets of standards with respect to Internet and traditional media,” he says.</p>
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For more details visit <a href='https://cis-india.org/news/first-post-feb-19-2013-danish-raza-why-was-the-gwalior-court-in-such-a-hurry-to-block-iipm-urls'>https://cis-india.org/news/first-post-feb-19-2013-danish-raza-why-was-the-gwalior-court-in-such-a-hurry-to-block-iipm-urls</a>
</p>
No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceCensorship2013-02-19T11:51:43ZNews ItemWhy this blocking di?
https://cis-india.org/news/why-this-blocking
<b>In a bid to curb piracy, film producers are now approaching courts to block websites that host pirated content. But the court orders are so vaguely worded that users lose access to even legitimate content. R Krishna reports.</b>
<p><a class="external-link" href="http://www.dnaindia.com/lifestyle/report_why-this-blocking-di_1694228">The article by R Krishna was published in Daily News & Analysis on May 27, 2012</a>. Pranesh Prakash is quoted in it.</p>
<p>The film 3 owes its popularity to thousands of netizens who watched the song ‘Why this kolaveri di’ on YouTube, and then recommended it to their friends on social networking sites. It is rather ironic that the same netizens were denied access to legitimate content — such as other independent films, free software, etc — on the internet, by the producers of the film.</p>
<p>Last week, the producers, via Copyright Labs, obtained an order from the Madras High Court against 15 internet service providers (ISPs) and five ‘Ashok Kumars’, directing them to not infringe on the film’s copyright. The result: many popular torrent sites as well as video sharing websites like Vimeo and Dailymotion were blocked by some ISPs.</p>
<p>The ‘Ashok Kumar’ in the order refers to unknown people who may infringe on the film’s copyright. It is the desi version of what is known as a John Doe order, used by courts in the US, UK, Canada and Australia.</p>
<h3>Acting against unknown offenders</h3>
<p>According to Delhi-based advocate Apar Gupta, John Doe orders came into practice in India in the early 2000s to help producers counter cable operators airing pirated versions of recently released films on their local channels. Films normally release on Friday, and if someone had pirated the movie, producers would have to wait till Monday to file a plea in court against the offenders.</p>
<p>By the time the court issued the order, the pirated film would have done its damage. That’s why courts started granting producers temporary injunctions against unknown people — John Doe — who were likely to infringe on the film’s copyright. This way, producers could serve court notices without any delay.</p>
<p>“The internet is now being included within the scope of such orders,” says Gupta. As a result, a film producer armed with a John Doe order can ask ISPs to block access to any website that is likely to infringe upon his copyright.</p>
<p>“In the digital age, it takes seconds to spread pirated copies with good prints across the world. A John Doe order makes it convenient for us to serve a notice. Of course, we have to prove that (the website) has infringed copyright,” says Sanjay Tandon, vice president, music and anti-piracy, Reliance Entertainment, which started the trend by blocking torrent websites during the release of their film Singham.</p>
<h3>Carpet blocking websites</h3>
<p>But according to Pranesh Prakash, programme manager, Centre for Internet & Societies, “Unlike the Calcutta High Court order in March this year, which specified the 104 websites that should be blocked, a John Doe order doesn’t mention any specific website. In some cases, the websites are being blocked without any evidence (of copyright infringement). Courts need to be informed of what people with John Doe orders are doing. We need to be specific about what can be blocked and what can’t be.”</p>
<p>A case in point is Vimeo, a website similar to YouTube, which has been blocked by certain ISPs. There is no information about which particular video on Vimeo infringes upon copyright. And even if there is some such video, experts are perplexed why the entire website was blocked.</p>
<p>“The injunctions being granted in India are very generalised and broad. For instance, all it states is that the court is preventing defendants from transmitting copyrighted content. It doesn’t set any limitations, such as requiring the plaintiff to identify specific URLs to be blocked, instead of the whole website,” says Gupta.</p>
<p>However, Tandon points out, Reliance Entertainment has not been asking ISPs to block entire websites. “We are asking ISPs and websites to not allow our content to be streamed via their service. I don’t know why ISPs choose to block entire websites,” he says.</p>
<p>ISPs are not forthcoming in explaining why entire websites are being blocked. “Access to certain sites has been blocked by Airtel pursuant to and in compliance with court orders,” is all an Airtel spokesperson is willing to reveal.</p>
<p>According to Gupta, entire websites are being blocked either because copyright owners demand this, or because ISPs are trying to avoid potential liability. “The fault lies with the legislative procedure. If the ISP is afraid and blocks the entire website, it shows that our laws are not good enough to protect its interests,” says Gupta.</p>
<p>In either case, the present system of functioning is too ham-handed and is like using a butcher’s knife where a surgeon’s scalpel is needed. “Courts should be strict in monitoring how the plaintiff is using the John Doe order. But for things to change, we need one of those unnamed defendants to come before the court and express how the order was used against him,” adds Gupta. Will a John Doe please stand up?</p>
<h3>What is happening internationally</h3>
<p>John Doe orders are used by courts in the US, UK, Canada and Australia. However, there are few instances abroad where they have been used to block websites. According to Apar Gupta, advocate, there is only instance in the UK where a court ordered the blocking of Pirate Bay. “But even that order was specific to Pirate Bay. In the US, they have the Digital Millennium Copyright Act wherein the copyright holder can write to the website asking them to take down content. It clearly specifies that only specific torrent files can be taken down, not the entire website. Indian laws do not go into such detail,” says Gupta.</p>
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For more details visit <a href='https://cis-india.org/news/why-this-blocking'>https://cis-india.org/news/why-this-blocking</a>
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No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceCensorship2012-05-28T05:47:20ZNews ItemWhy this ‘kolaveri di' is India's coming of age
https://cis-india.org/internet-governance/kolaveri-di
<b>In the last two weeks, two videos have gone viral on the Internet in India. One, the catchy Tanglish-folksy ‘Why this kolaveri di' video, and two, the flash mob at the Chhatrapati Shivaji Terminus (CST) in Mumbai where a few hundred Mumbaikars were seen shaking a leg to the Bollywood hit, ‘Rang de basanti'. Nishant Shah, Director-Research has been quoted in this article by Deepa Kurup which was published in the Hindu on 4 December 2011.</b>
<p>If you logged on to any social avatar of the World Wide Web, these videos, the ‘shares', the ‘likes' and the instantly-trending tweets were unmissable. While the flash mob at CST, a tribute to those who lost their lives on 26/11, has around 11.45 lakh views on YouTube, ‘Kolaveri di', a promo for Tamil hero Dhanush's upcoming film 3 uploaded by Sony Music on November 16, has been viewed 1.43 crore times.<br /><br />On the Web, a world that is constantly on the look out for the ‘next cool thing', that Kolaveri's viewership continues to grow by the day, has made commentators christen it the first viral marketing campaign in India. Perhaps more interesting than the song itself are the over two dozen versions of it that you will find on YouTube. There's an anti-inflation version featuring Sharad Pawar; a group of boys from Kerala using the song to appeal to Tamil Nadu Chief Minister J. Jayalalithaa on the Mullaperiyar dam issue; a talented young girl presenting a “female version” reply to the song that's arguably gender-biased, and many others have done remix versions and videos of the song. Like the song's appeal, the rip-offs too are pan-national.<br /><br />While Bollywood trailers and content have always been popular online, film-makers have not actively tapped into this medium. Earlier this year, the makers of the Shah Rukh Khan starrer Ra.One became the first film to have its own YouTube channel, featuring songs, promos, footage, ‘behind the scenes', and cast interviews, supplemented by a fairly effective social media campaign. Add to this, the potential of revenue generation offered by music downloads and caller ring-back tone subscriptions; this form of marketing is cheap, easy, instant and a potential recipe for success.<br /><br />Indeed, mobile value-added service provider, Techzone, which holds the exclusive rights for music tracks, videos and digital entertainment formats for the ‘Kolaveri' movie 3, has seen a “phenomenal” number of subscriptions, downloads and ‘live-in' requests. Techzone reportedly saw 22,000 downloads of the song in the first five days. While refusing to share numbers, marketing representatives from Techzone told The Hindu that the response has been overwhelming. TechZone deployed the content through its entire distribution network, which includes all telecom operators.<br /><br />“Generally, for Tamil songs, 90 per cent of the demand comes from Tamil Nadu, but with this song we have received a sizable amount of requests from different parts of the country. This is a first for us,” the Techzone representative said.</p>
<h3>A Vibrant Medium</h3>
<p class="callout">So are we witnessing a change in cinema's relationship with cyberspace, asks Nishant Shah, a researcher from the Centre for Internet and Society. A campaign like Ra.One does not compare to ‘Kolaveri' because a movie trailer simply offers people a chance to be spectators, unlike the simple and catchy ‘Kolaveri', which has people remixing, editing the footage and using the video to create their own narratives.<br /><br />Mr. Shah feels that indeed this is the first viral online video campaign that India has had. Most viral videos so far, he points out, were invariably pornographic or even voyeuristic in nature. “Like the Delhi MMS video — that was perhaps one of the earliest videos to go viral — to other pornographic clips of movie stars. Later on, we saw interesting remixes or spoofs, mostly regional; this is the first time that we have home-grown content that has gone viral simply because it is fun, simple and addictive. In that sense it's an intelligent campaign,” he explained. He also feels that this could be the coming of age of video as a medium, particularly so because the campaign has become a pan-India phenomenon.</p>
<h3>Tried and Tested<br /></h3>
<p>Viral marketing is quite big abroad. In that sense, this has all been ‘tried and tested' abroad — from commercials for beer and sunglasses to selling computers and even presidential campaigns; online videos and viral marketing plans are indeed the mainstay of many publicity strategies.<br /><br />Marketing campaigns can no longer ignore the Internet. Neither can they treat it as an also-ran, says Prashanth, a social media junkie and marketing professional. “Campaigns now have to start thinking of making promotional content for the new media. Currently, a shorter version of regular campaigns are edited for the Web; there are some successful ones in this category too. But a campaign such as the ‘Kolaveri' has the industry sitting up and taking notice. In some sense, the logic is simple: you have your audience cut-out, and the reach is pretty much pan-national,” he explains. </p>
<p>Read the original story published in the <a class="external-link" href="http://www.thehindu.com/news/states/karnataka/article2684595.ece">Hindu</a></p>
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For more details visit <a href='https://cis-india.org/internet-governance/kolaveri-di'>https://cis-india.org/internet-governance/kolaveri-di</a>
</p>
No publisherpraskrishnaInternet Governance2011-12-05T10:03:40ZNews ItemWhy the TikTok ban is worrying
https://cis-india.org/internet-governance/blog/hindustan-times-may-2-2019-gurshabad-grover-why-the-tik-tok-ban-is-worrying
<b>Rather than critically examining the infringement of liberties by the political executive, the Indian courts are becoming an additional threat to the right to freedom of expression, which we must be increasingly wary of.</b>
<p>The article by Gurshabad Grover was <a class="external-link" href="https://www.hindustantimes.com/analysis/why-the-tiktok-ban-is-worrying/story-9Q7Gpv9t1Uxavd8hYJnjDO.html">published in Hindustan Times </a>on May 2, 2019.</p>
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<p style="text-align: justify; ">In a span of less than two weeks, the Madras High Court has imposed and lifted a ban on the TikTok mobile application, an increasingly popular video and social platform. While rescinding the ban is welcome, the events tell a worrying tale of how the courts can arbitrarily censor online expression with little accountability.</p>
<p style="text-align: justify; ">On April 3, the Madras High Court heard a public interest litigation petitioning for the TikTok mobile app to be banned in India because it was “encouraging pornography”, “degrading culture”, “causing paedophiles”, spreading “explicit disturbing content” and causing health problems for teenagers. It is difficult to establish the truth of these extreme claims about content on the platform that has user generated content, but the court was confident enough to pass wide ranging interim orders on the same day without hearing ByteDance, the company that operates the Tik Tok app.</p>
<p style="text-align: justify; ">The interim order had three directives. First, the Madras High Court ordered the government to prohibit the downloading of the app. Second, it restricted the media from broadcasting videos made using the app. Third, it asked the government to respond about whether it plans to enact legislation that would protect children’s online privacy. While the third directive poses an important question to the government that merits a larger discussion, the first two completely lacked a legal rationale. The court order also implied that the availability of pornography on the platform was problematic, even though it is not illegal to access pornography in India.</p>
<p style="text-align: justify; ">Appallingly, the order makes no mention at all of the most pertinent legal provision: Section 79 of the Information Technology (IT) Act and the rules issued under it, which form the liability regime applicable to intermediaries (online services). The intermediary liability rules in India generally shield online platforms from liability for the content uploaded to their platform as long as the company operating is primarily involved in transmitting the content, complies with government and court orders, and is not abetting illegal activity. It is this regime that has ensured that online platforms are not hyperactively censoring expression to avoid liability, and has directly supported the proliferation of speech online.</p>
<p style="text-align: justify; ">The courts do have some powers of online censorship under the provision, which they have used many times in the past. They have the authority to decide on questions of whether certain content violates law and then direct intermediaries to disable access to that specific content. Such a legal scenario was certainly not the case before the Madras High Court. We can also be sure that the app stores run by Apple and Google, on which TikTok is available, were not the intermediaries under consideration here (which would also be problematic in its own ways) since the interim order makes no mention of them. So, despite the fact that the court’s order had no clear jurisdiction and legal basis, Apple and Google were ordered by the government to remove TikTok from their respective mobile app stores for India.</p>
<p style="text-align: justify; ">ByteDance Technology appealed to the Supreme Court of India to rescind the ban, arguing that they qualify as intermediaries under the IT Act and should not face a blanket ban as a repercussion of allegedly problematic content on their platform. The Supreme Court refrained from staying the problematic Madras High Court interim order, but decided that the ban on the app will be lifted by April 24 if the case wasn’t decided by then. On April 24, sense finally prevailed when the High Court decided to take the interim directive back.</p>
<p style="text-align: justify; ">Admittedly, popular online platforms can create certain social problems. TikTok has faced bans elsewhere and was fined by the Federal Trade Commission in the United Sates for collecting information on its users who were below the age of 13. There is no debate that the company is legally bound to follow the rules issued under the IT Act, be responsive to legally valid government and court orders, and should strictly enforce their community guidelines that aim to create a safe environment for the young demographic that forms a part of its user base. However, a ban is a disproportionate move that sends signals of regulatory uncertainty, especially for technology companies trying to break into an increasingly consolidated market. The failure of the government to enact a law that protects children’s privacy also cannot be considered a legitimate ground for a ban on a mobile app.</p>
<p style="text-align: justify; ">Perhaps most importantly, the interim court order adds yet another example to the increasing number of times the judiciary has responded to petitions by passing censorship orders that have no basis in law. As constitutional scholar Gautam Bhatia has pointed out, we are faced with the trend of “judicial censorship” wherein the judiciary is exercising power without accountability in ways not envisioned by the Constitution. Rather than critically examining the infringement of liberties by the political executive, the Indian courts are becoming an additional threat to the right to freedom of expression, which we must be increasingly wary of.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/hindustan-times-may-2-2019-gurshabad-grover-why-the-tik-tok-ban-is-worrying'>https://cis-india.org/internet-governance/blog/hindustan-times-may-2-2019-gurshabad-grover-why-the-tik-tok-ban-is-worrying</a>
</p>
No publishergurshabadInternet Governance2019-05-05T10:11:28ZBlog EntryWhy The New Government Policy Mandating Panic Buttons On Phones Isn’t Going To Protect Women
https://cis-india.org/internet-governance/news/why-the-new-government-policy-mandating-panic-buttons-on-phones-isn2019t-going-to-protect-women
<b>Recently, the Union Minister for Communications and Information Technology Mr Ravi Shankar Prasad tweeted about new rules mandating a panic button in every cell phone sold in the country from January 2017. To keep ladies safe, of course.</b>
<p>The story by Madhura Kadaba was published in the <a class="external-link" href="http://theladiesfinger.com/panic-buttons/">Ladies Finger</a> on May 14, 2016. Rohini Lakshané was quoted.</p>
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<p style="text-align: center; "><img src="https://cis-india.org/home-images/RaviShankarPrasad.png" alt="Ravi Shankar Prasad" class="image-inline" title="Ravi Shankar Prasad" /></p>
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<p style="text-align: justify; "><a href="http://pib.nic.in/newsite/PrintRelease.aspx?relid=142272">According to a statement released by the Telecommunications Ministry</a>, the panic button will be activated by pressing a designated button on a smartphone or by holding down both ‘5’ and ‘9’ keys on a basic phone. Pressing the panic button is expected to alert police and designated friends or relatives, similar to apps launched previously by police departments like <a href="https://play.google.com/store/apps/details?id=com.smartcloud.delhi&hl=en">Himmat</a>.</p>
<p style="text-align: justify; ">It followed remarks from the Union Minister for Women and Child Development, Ms Maneka Gandhi, in the Lok Sabha in December 2015. “Every cell phone will have an in-built panic button. Now, all new cell phones will be made with panic buttons. But in case of all old cell phones, you can go to the person who owns the company or the dealer and they will adjust it for you. If a woman is in trouble, she can just press the button on the cell phone and she will immediately get help.”</p>
<p style="text-align: justify; ">Two days later, reacting to concerns that the mandate could increase mobile phone costs, Mr Ravi Shankar Prasad said, “<a href="http://timesofindia.indiatimes.com/tech/tech-news/Panic-button-Ravi-Shankar-Prasad-to-discuss-mobile-price-hike/articleshow/52028900.cms">Manufacturers… have given their support. My expectation is that they will render their support in social justice and women security</a>.”</p>
<p style="text-align: justify; ">After a point, it almost becomes a farce — the government’s continuous search for grand, one-stop solutions to dealing with sexual violence. We had the <a href="https://in.news.yahoo.com/what-they-are-planning-to-do-with-the-rs-1-000-crore-nirbhaya-fund-050843333.html">vast coffers of the Nirbhaya fund</a>, which went nowhere. It had tech solutions coming out of its 1000-crore ears. It included plans for setting up control rooms in 114 cities within 9 months back in 2014 and surveillance cameras in all public transport vehicles including autos! Who was going to be watching the feed of these cameras, if ever by some vast change in the face of humanity such a thing happened, you may wonder? Or as journalist Revati Laul wrote, “Given that police stations across the country are short staffed, given how many of them cannot even afford paper to file a first information report (FIR) or fuel for the police personnel’s motorbike, just how will the appearance of these control rooms change that? How will switchboards help if police stations in even big cities like Varanasi have too few vehicles to cater to the existing load of emergencies they have to deal with?” But hush, don’t interrupt when Daddy is talking.</p>
<p style="text-align: justify; ">Recently, we published an investigation into the <a href="http://theladiesfinger.com/investigation-where-are-the-one-stop-centers-for-rape-victims-under-the-nirbhaya-fund/">one-stop centres</a> promised by the Nirbhaya fund. These centres are supposed to provide services like assistance in lodging FIRs, medical assistance for medical examinations, and therapy. On paper, Delhi is supposed to have 6. Good luck locating them because they don’t exist. Most of the staff of the hospitals where the centers were to be located were clueless about the program.</p>
<p style="text-align: justify; ">But perhaps we should forget the tiresome past and move to the shiny button-filled future. We asked Rohini Lakshane, a technology expert and Program Officer at the Centre for Internet and Society what she thought of panic buttons. Recently she reviewed a <a href="http://tech.firstpost.com/news-analysis/mobile-apps-for-personal-safety-64274.html">bunch</a> of personal safety apps geared toward women and was very unimpressed. About the government’s new plan, she said, “GPS accuracy in India can sometimes be patchy and not very accurate, and continuous location tracking drains the battery, something that could be problematic for people with phones that do not have good GPS hardware or a long battery life.” Lakshane added, “The app would also enable tracking by family members, which can increase the chance of intimate partner abuse and violence. There have been instances in which apps that provide real-time location or periodic updates of the location of a person to a contact have enabled abuse by intimate partners or by members of the family.” In short, you are unlikely to get the help you need in case of stranger danger and continue to face whatever oppression you maybe facing from your ‘loved ones’.</p>
<p>Which brings us to the biggest problem with panic buttons, the idea that what Indian women should live in fear of scary strangers outside the house.</p>
The story by Madhura Kadaba was published in The Ladies Finger on May 14, 2016. Rohini Lakshane was quoted. The story by Madhura Kadaba was published in the Ladies Finger on May 14, 2016. Rohini Lakshane was quoted.
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<p style="text-align: justify; ">In fact, carefully conducted research shows over and over again that Indian women are most likely to face violence from their families, within their homes. The Mumbai programme RAHAT’s report <a href="http://theladiesfinger.com/whats-the-ratio-of-known-vs-stranger-rapists-take-a-wild-guess-that-and-other-highlights-from-the-2015-rahat-report-on-sexual-violence/">shows</a> that 91 percent of the accused in reported cases of rape were by known persons. Add on the fact if you have even a fleeting acquaintance with a man who attacks you the police are additionally reluctant to <span>do anything</span>.</p>
<p>Not that the police like to file complaints if you have been raped by a <a href="http://theladiesfinger.com/tag/ready-to-report/">stranger</a>. That way they are quite equal opportunity about ignoring complaints.</p>
<p style="text-align: justify; ">Perhaps we should have a panic button in our phones after all. A daily reminder that you should fear rape, in case for a moment you had decided to stop worrying. A daily reminder that if you do get raped you must remember to press a button that goes nowhere. A great metaphor for how we deal with victims of sexual violence in India.</p>
</div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/why-the-new-government-policy-mandating-panic-buttons-on-phones-isn2019t-going-to-protect-women'>https://cis-india.org/internet-governance/news/why-the-new-government-policy-mandating-panic-buttons-on-phones-isn2019t-going-to-protect-women</a>
</p>
No publisherpraskrishnaGenderInternet Governance2016-05-15T09:45:36ZNews ItemWhy the Madras HC case on WhatsApp traceability could have wider ramifications
https://cis-india.org/internet-governance/news/the-news-minute-haripriya-suresh-august-8-2019-why-madras-hc-case-on-whatsapp-traceability-could-have-wider-ramifications
<b>While traceability will make law enforcement easier, it could also undermine voices of dissent, say experts.</b>
<p style="text-align: justify; ">The article by Haripriya Suresh was <a class="external-link" href="https://www.thenewsminute.com/article/why-madras-hc-case-whatsapp-traceability-could-have-wider-ramifications-106877">published in the News Minute</a> on August 8, 2019. Pranav Manjesh Bidare was quoted.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">One of the strengths of the messaging service used by 400 million Indians, WhatsApp, is the end-to-end encryption it offers, which means that only the sender and receiver can view the messages. However, there is a possibility that this may change, with the Madras High Court taking up the issue of traceability of messages.</p>
<p style="text-align: justify; ">Two petitions filed in the Madras High Court in July last year by animal welfare activists Antony Rubin and Janani Krishnamurthy, called for Aadhaar or any government-authorised identity proof to be mandatory for any email or social media accounts and utility accounts (such as Ola and Uber). A division bench of the court comprising Justices S Manikumar and Subramonium Prasad expanded the scope of the petition to include curbing of cybercrime and intermediary liability. At a hearing in June, the High Court reportedly said: “Aadhaar is a government accord used only for social welfare schemes. You cannot have the government linking it with social media.” However, the court is looking at the traceability of messages, which experts argue could affect WhatsApp and other big players and have larger ramifications.</p>
<p class="_yeti_done" style="text-align: justify; ">Pranav Bidare, a policy officer with the Centre for Internet and Society, says that at present, bringing traceability into the picture will make law enforcement easier, but take away the benefits of end-to-end encryption, which are based on privacy.</p>
<p style="text-align: justify; ">“The benefits of whatever tool we're trying to improve has to be weighed in comparison to the potential wrongs that could happen. In this case, when WhatsApp messages have the possibility of not being end-to-end encrypted, the fact that you will be able to trace forwards could mean that you could create a situation where people are afraid to send messages or forward things for fear of action being taken against them. There are two things — fear of spreading problematic material because one is afraid that action will be taken against them, but also fear of spreading material that could put you in a potential situation of danger,” he says.</p>
<p style="text-align: justify; ">The Madras High Court asked IIT Madras Prof V Kamakoti, who is also a member of the National Security Advisory Board (NSAB), to submit a report on the feasibility of messages on WhatsApp being traced. In late July, he informed the court that it was possible to trace the original sender of messages on social media platforms, including Facebook and WhatsApp. He suggested that an information tag must be added to the message that was originally sent, so when it is eventually forwarded, the original person’s information details would be attached along with it. Another feature he suggested was that some messages be flagged as messages that cannot be forwarded.</p>
<p style="text-align: justify; ">Pranav says that he would favour features to tackle fake news, which is the system of making some messages un-forwardable. “I don't see a free speech problem there. I see a problem in adding actual traceability where if you make people liable for messages that they have been sending, then there is a thin line between curbing fake news, and curtailing free speech,” he adds. To tackle this, Pranav says that design changes are the way to go.</p>
<p style="text-align: justify; "><strong>‘Could undermine voices of dissent’</strong></p>
<p style="text-align: justify; ">The Internet Freedom Foundation (IFF) filed to be an intervenor in the case, which the High Court accepted. An intervention allows the applicant to address the court on a specific matter but is not a party in the case.</p>
<p style="text-align: justify; ">Speaking to TNM, Apar Gupta, the Executive Director of IFF, says that while it may not be best to speculate, the stakes in this case are significant and can have wide ramifications “because it wouldn’t be limited to a WhatsApp only”.</p>
<p style="text-align: justify; ">“It could extend to any form of encryption deployed in a messaging system, which could potentially mean that even smaller uses of it, and could creep into other areas where encryption is utilised to maintain confidentiality. For instance, in areas such as business and trade secrets, encryption is used widely to ensure trade secrets do not leak out,” he says.</p>
<p style="text-align: justify; ">Apar says that it could remove anonymity, which was a point raised by the Tamil Nadu government for traceability. “It could undermine voices of dissent, people who speak up against instances of abuse and harassment online, and also for addressing issues. One very good instance of this was the MeToo accounts put out by several women in India, quite often not under their name because they fear reprisals from men who have done these criminal acts,” he adds.</p>
<p style="text-align: justify; ">Once the Madras High Court widened the scope of the petition, Google, Facebook and Twitter have all been impleaded in the case.</p>
<p style="text-align: justify; ">Apar agrees that traceability is a debate which is merited, even if it is limited by the court to only WhatsApp. “It could stretch beyond the big players because it’s not limited to them, and it will eventually apply to functionality as opposed to size,” he adds.</p>
<p style="text-align: justify; ">This isn’t the first time that the government has gone after social media platforms, and WhatsApp in particular, over encryption and lack of sharing data with law enforcement. Minister of Electronics and IT Ravi Shankar Prasad met with WhatsApp’s global head Will Cathcart late last month after which he said that the company was told that traceability shall be their job and they need to find the mechanism to do so.</p>
<p style="text-align: justify; ">“But in the event that the WhatsApp platform is thought to be abused by rogue, terrorist, extremist elements, by repeating some kind of recirculation of messages, then there must be a mechanism whereby those can be traced to enforce appropriate law and order, and safety and security of the country,” Ravi Shankar Prasad then said, according to Medianama.</p>
<p style="text-align: justify; ">According to Buzzfeed News, WhatsApp, in a submission to the court, said: “Journalists could be at risk of retaliation for investigating issues that may be unpopular, civil or political activists could be at risk of retaliation for discussing certain right and criticizing or advocating for politicians or political, and personal information like sexual orientation, health, religious affiliation, Aadhaar, and financial information could be at risk of becoming publicly exposed.”</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/the-news-minute-haripriya-suresh-august-8-2019-why-madras-hc-case-on-whatsapp-traceability-could-have-wider-ramifications'>https://cis-india.org/internet-governance/news/the-news-minute-haripriya-suresh-august-8-2019-why-madras-hc-case-on-whatsapp-traceability-could-have-wider-ramifications</a>
</p>
No publisherHaripirya SureshInternet Governance2019-08-09T13:58:46ZNews ItemWhy the lack of understanding about the Blue Whale Challenge poses a bigger threat?
https://cis-india.org/internet-governance/news/one-india-anusha-ravi-september-6-2017-why-the-lack-of-understanding-about-the-blue-whale-challenge-poses-a-bigger-threat
<b>On 30 August, Vignesh A, a 19-year-old college student from Madurai committed suicide. Indications of self-harm on his body swaying investigating agencies to suspect that the suicide was related to the Blue Whale challenge-an online game which involves completing 50 tasks or challenges dictated by a remote 'handler' which ultimately leads to ending their own life.
</b>
<p style="text-align: justify; ">The blog post by Anusha Ravi was published by <a class="external-link" href="https://www.oneindia.com/india/why-the-lack-of-understanding-about-the-blue-whale-challenge-poses-a-bigger-threat-2537330.html">Oneindia.com</a> on September 6, 2017.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; "> </p>
<p style="text-align: justify; ">Though investigating agencies in India are yet to determine the exact cause of Vignesh's fateful decision, the lack of understanding may have caused the former to pass it off as related to the sinister challenge, online experts and child psychologists say.</p>
<p style="text-align: justify; ">The game believed to have its origins in Russia (originally known as Siniy Kit-Blue Whale in English) is suspected to have claimed the lives of many youngsters globally and spreading fast in the virtual space. But experts say that misinformation on the challenge is spreading faster.</p>
<h3 style="text-align: justify; ">The information or lack of it</h3>
<p style="text-align: justify; ">Experts point out to a recent incident. On Monday, the Tamil Nadu government told the Madras High Court that "Blue Whale Challenge cannot be downloaded since all links to the game were blocked." "First of all, one does not require a 'link' to play the Blue Whale game. It can be played on any communication medium, say Whatsapp, Telegram, Facebook messenger, Skype, word of mouth for all you know," said Udbhav Tiwari, a researcher and Policy Officer at The Centre for Internet and Society-a research and advocacy group. He believes that it is virtually impossible to identify or block the game.</p>
<h3 style="text-align: justify; ">Blue whale challenge: Rescued victim tells what it is, calls it mental torture | Oneindia News</h3>
<p style="text-align: justify; ">The first possible reference to the game was in Russia after a mother investigated her 12-year-old daughter's online activity after she killed herself around mid last year, Bloomberg reported on 25 April. But references to "death groups" was a fact established by a local journalist, later examined and results shared by multiple groups to determine and create awareness to avert further tragedies. A suicide in Mumbai believed to be the first in India, purportedly a Blue Whale Challenge victim in Andheri is still under investigation.</p>
<h3 style="text-align: justify; ">The game itself</h3>
<p style="text-align: justify; ">According to experts, youngsters who join certain online groups which may have bearing to the game, are spotted by 'curators'. They are first vetted, made to share personal information and later handed over 50 tasks which include waking up at early in the morning (some research says 4.20 am), watching horror movies alone, listening to deep breathing sounds and causing bodily harm like making cuts and incisions initially. Online resources indicate that the challenge is to isolate the individual and making them susceptible for more sinister tasks ahead. Those seeking to back out are coerced into continuing with threats of uploading personal information on the deep web. At a later stage, there is a possibility of meeting with another participant to remove any doubts about continuing the game.</p>
<h3 style="text-align: justify; ">Netting the big fish</h3>
<p style="text-align: justify; ">States like Tamil Nadu, Kerala, West Bengal among others have issued advisories to parents, teachers and students on how to identify and whom to consult when you notice any of the behavioural changes among children. Anitha Desai, a child psychologist based in Bengaluru says that being able to identify the behavioural change is one of the key aspects to avert a tragedy. "Seclusion, lack of interaction with family and friends, thoughts of running away from home and death, variation in eating and sleeping patterns, moodiness, lack of concentration, dipping interest in studies and falling grades are all the signs of a depressed child," she specifies. But she clarifies that only by indulging the child can the parent or guardian know the cause of the depression, not assuming. While there have been several cases of 'death groups', 'death games' and 'suicide challenges' internationally, all of them, much like the Indian context, are conjectures, experts say.</p>
<p style="text-align: justify; ">With only online information, multiple theories explaining various possibilities and versions, there exists very little verified information about the existence of such sinister games or challenges. News reports of such games and its consequences are also likely to mislead or make believe the possible existence of such challenges. Few of us knew Vignesh. But only this teenager, with his whole life ahead of him, took this extreme step. The least we can do is educate ourselves.</p>
<p style="text-align: justify; "> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/one-india-anusha-ravi-september-6-2017-why-the-lack-of-understanding-about-the-blue-whale-challenge-poses-a-bigger-threat'>https://cis-india.org/internet-governance/news/one-india-anusha-ravi-september-6-2017-why-the-lack-of-understanding-about-the-blue-whale-challenge-poses-a-bigger-threat</a>
</p>
No publisherAdminInternet Governance2018-01-03T01:52:34ZNews ItemWhy the Internet is Making India Furious
https://cis-india.org/internet-governance/news/ozy-february-19-2016-sanjena-sathian-why-internet-is-making-india-furious
<b>The Centre for Internet and Society (CIS) in Bangalore is a kind of hacker club for wonks and lawyers obsessed with issues of digital rights and global development. Not exactly the mainstream kids’ lunch table. But the Center was brought into sudden relief this week, thanks to … Mark Zuckerberg. </b>
<p style="text-align: justify; ">Read Sanjena Sathian's blog post <a class="external-link" href="http://www.ozy.com/pov/why-the-internet-is-making-india-furious/67211">published by Ozy </a>on February 19, 2016</p>
<hr />
<p style="text-align: justify; ">In a splashy bit of news, India’s telecom authority <a href="http://www.ozy.com/presidential-daily-brief/pdb-67802/net-result-67817" target="_blank"><span>rejected a program called Free Basics</span></a>, which the Facebook team had been promoting as a way to get free Internet to the masses. (Here on the subcontinent, more than 300 million people use the Internet — but that’s only about a quarter of the population.) The idea: Facebook would allow free access to a handful of websites (the “basics”) to everyone; users would pay for further content. The objections: On the dramatic end came comparisons to <a href="http://www.ozy.com/fast-forward/the-surprising-gift-of-a-colonial-education/39554" target="_blank"><span>colonialism</span></a>; on the wonkier, objections based on the principles of net neutrality, or the idea that all Internet content should be treated the same. The threat the critics saw in Free Basics was that of the Web as a two-lane highway — the free stuff for the poor folks, and the good stuff for those who can afford it.</p>
<p style="text-align: justify; ">Mumbai-based Sanjena Sathian spoke to CIS cofounder and policy director Pranesh Prakash about the changing landscape of web rights that led up to the news.</p>
<h3 style="text-align: justify; ">OZY:</h3>
<div style="text-align: justify; "></div>
<div style="text-align: justify; ">Tell us what you’re thinking in the wake of India’s decision.</div>
<div style="text-align: justify; "></div>
<h4 style="text-align: justify; ">Pranesh Prakash:</h4>
<p dir="ltr" style="text-align: justify; ">The order seemed to fix the issue with a sledgehammer rather than a scalpel. It over-regulates and bans things that are beneficial along with that that aren’t. They should have aimed for <em>discriminatory </em>pricing, but they’ve instead eliminated all differential pricing, even when it’s not discriminatory.</p>
<p dir="ltr" style="text-align: justify; ">What should come next, in my opinion — it is imperative to ensure that governmental resources are used to provide free access to the Internet. If you’ve taken away something that could have helped and said no, no, no, it’s not good for you, then you are under an obligation to provide a replacement.</p>
<h4 dir="ltr" style="text-align: justify; ">OZY:</h4>
<p style="text-align: justify; ">How do you think the larger political conversations going on in India right now seep into the debates about digital rights?</p>
<h4 style="text-align: justify; ">PP:</h4>
<p style="text-align: justify; ">Many people think the largest divider is between those who are from a developing country or a developed country. I think the larger divide is between those who are politically skeptical of states — more libertarian — versus those who are more trusting of states and see states as having a role to play in Internet governance. How you think the poor in India should get Internet — should that be provided by government or by market mechanisms — well, your political philosophies will play a role. In India, one tends to find fewer free-market fundamentalists than one would meet in, say, San Francisco.</p>
<h4 style="text-align: justify; ">OZY:</h4>
<p style="text-align: justify; ">I think, increasingly, post-Snowden in particular, people think of digital rights as human rights. Where do you see things going wrong on a rights front here in India?</p>
<h4 style="text-align: justify; ">PP:</h4>
<p style="text-align: justify; ">Oh, wow … so many ways. In India we have a situation where, right now, more than 3,000 websites were blocked by the government, but no one knows what these sites are. No one knows whether they were blocked through mechanisms that ensure accountability. There is no transparency around any of these. And this is just the visible tip of the iceberg. And how do I know this? I sent a right-to-information request to the government and they gave me this answer. But beyond this, they put in place a few years ago a law which allows for websites and any kind of web content to be censored by <em>anyone</em>. And all they have to do is send a request to any “intermediary,” which could be anything from your ISP to your web host to your DNS provider.</p>
<h4 style="text-align: justify; ">OZY:</h4>
<p style="text-align: justify; ">Wait, so what does that mean? I get annoyed at a site — where do I go to lodge my complaint?</p>
<h4 style="text-align: justify; ">PP:</h4>
<p style="text-align: justify; ">All these websites are required by the law to appoint a particular person as a “grievance redressal officer.”</p>
<h4 style="text-align: justify; ">OZY:</h4>
<p style="text-align: justify; ">What a title!</p>
<h4 style="text-align: justify; ">PP:</h4>
<p style="text-align: justify; ">Yes … and there are more than 40 grounds for grievances that have been listed in the law, including things such as “causing harm to minors” and certain speech being “disparaging.” Now, I engage in disparaging speech at least 12 times a day. And that’s perfectly legal under Indian law!</p>
<h4 style="text-align: justify; ">OZY:</h4>
<p style="text-align: justify; ">Eep. Any good news, though?</p>
<h4 style="text-align: justify; ">PP:</h4>
<p style="text-align: justify; ">A case went all the way up to the Supreme Court, [involving a young woman named] Shreya Singhal. There was a section 66A, quite an odious provision, that allowed for any kind of “offensive” or “annoying” speech to cause that person to be put in prison for up to three years.</p>
<p style="text-align: justify; ">Two teenage girls in Maharashtra, upon the death of a politician, put out a comment on social media. The death had caused a <em>bandh</em>, a curfew of sorts in Mumbai, and done not officially by the government but by political party workers. One girl said on Facebook, sure, go ahead, respect this politician, but why inconvenience so many citizens? Her friend liked this. And a case was launched against them. Similarly, some cartoons by an anticorruption activist were challenged and he was imprisoned briefly and released on bail.</p>
<h4 style="text-align: justify; ">OZY:</h4>
<p style="text-align: justify; ">It’s always the cartoonists.…</p>
<h4 style="text-align: justify; ">PP:</h4>
<p style="text-align: justify; ">Yes, and one professor in Calcutta — for <em>forwarding </em>a cartoon, he was placed under this law too. Many cases of perfectly fine political speech were made illegal thanks to this law. Eventually, though, in a landmark decision, the Supreme Court struck down this law, and this is the first time in almost three decades that the Supreme Court has struck off an entire law for being unconstitutional.</p>
<p style="text-align: justify; ">But, yes. Mostly? It’s not been pretty.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/ozy-february-19-2016-sanjena-sathian-why-internet-is-making-india-furious'>https://cis-india.org/internet-governance/news/ozy-february-19-2016-sanjena-sathian-why-internet-is-making-india-furious</a>
</p>
No publisherpraskrishnaFree BasicsFreedom of Speech and ExpressionInternet GovernanceSocial Media2016-02-28T03:01:59ZNews Item Why the DNA Bill is open to misuse: Sunil Abraham
https://cis-india.org/internet-governance/news/business-standard-kanika-datta-august-1-2015-why-the-dna-bill-is-open-to-misuse-sunil-abraham
<b>The Human DNA Profiling Bill, the law that regulates the collection, storage and use of the human genetic code, has attracted some strong criticism from civil liberties groups including the Bengaluru-based Centre for Internet and Society (CIS) which had participated in the expert committee for DNA profiling constituted by the Department of Biotechnology in 2012.</b>
<p style="text-align: justify; "><span class="p-content">CIS circulated a detailed dissent note earlier this year on the draft of the Bill. As the government gets ready to table the Bill in Parliament, CIS Executive Director <b>Sunil Abraham</b> tells <i>Kanika Datta</i> why the provisions of the Bill are open to misuse and invasion of privacy. Edited excerpts:</span></p>
<p style="text-align: justify; "><span class="p-content"><span class="p-content"><b>Why does Centre for Internet and Society reject using DNA analysis for non-forensic use as set out in the Human DNA Profiling Bill in its current form? What are the possible risks involved here?</b><br /> <br /> The problem here is that the introduction to the Bill talks of DNA matches "without a doubt". But the way we understand it, biometric technology depends on approximate matching and not discrete matching. Unlike, say, the technology used for matching digital signatures, machines for matching DNA, fingerprints or the iris specify a false positive ratio when they leave the factory - that's what created the controversy in the O J Simpson trial, for example. This means you have to be very conservative in populating the database. For a given false positive ratio - the larger the database the greater the incidence of mistaken identification. That is why we think that for purposes other than forensic use, it would be better to create other databases.<br /> <br /> Let me clear: we are not Luddites but neither are we naïve techno-enthusiasts. After all, the Innocence Project in the US has managed to overturn the convictions of many people who were held guilty through DNA evidence. But it is a myth that the more sophisticated the technology the more secure and accurate it is. In fact, the reverse is often true. For instance, the voter machines we use in India are primitive technology but they are much harder to compromise compared to the voting machines used in the US. Given all this, we believe that there should be "process fixes", such as sending DNA collected from a crime scene to two laboratories as a check and balance against the fallibility of human beings and machines.<br /> <br /> <b>CIS made the point that the powers of the DNA Board are too wide. In what possible way could these powers be misused since the Board is to be an independent authority?</b><br /> <br /> When this exercise was started, the DNA Board had 26 functions. We proposed that this be cut this down to ten, which was accepted by a sub-committee. But when the final Bill came back it rejected the consensus view and restored the 26 functions, including things like "raising the general awareness". All this detracts from the Board's primary role and efficiency and expands its discretionary powers. It is true that a good regulator needs some amount of discretion but this should be a limited discretion within a tightly defined scope -- this is true for any regulator, not just the DNA Board.<br /> <br /> <b>The provision that no civil suit can be entertained on any matter on which the DNA Board is empowered under the Act looks excessive. Is there any precedent that explains why this provision was introduced? What kind of oversight and checks and balances are there in other jurisdictions that could be incorporated in the Indian law? </b><br /> <br /> I can understand the logic here; the government is trying to ensure that the regulator has final say. After all, if you look at telecom, the decisions of the TDSAT (Telecom Dispute Settlement & Appellate Tribunal) can be appealed in the High Court and the Supreme Court. But eliminating judicial appeal as this Bill has state amounts to a violation of classic regulatory design by circumventing the appellate process. Ideally, we need a tripartite separation of law in which the executive frames policies, the DNA board implements them and the courts adjudicate upon them.<br /> <br /> <b>You have said the term "DNA Analysis" has not been defined. Could you explain the possible risks of the absence of a definition?</b><br /> <br /> DNA analysis is of many types and some of them allow you to get to know a person quite intimately in terms of their medical history, genetic traits and so on. But forensic analysis looks at a limited set of markers which are essentially privacy-protecting and from which no genetic traits can be determined. You can't, for instance, do a study on the genetic make-up of criminals from this analysis. Now, if this Bill is around law enforcement - which we know is the policy intention - then the DNA analysis should be limited to those markers. That would reduce the chances of abuse.<br /> <br /> <b>You have also criticised the low standards of information disclosure and suggest the issue should be vested in an independent third party rather than the DNA Bank Manager. Could you explain how this would help?</b><br /> <br /> In information and technology and telecom there is an executive authorisation mechanism in place for information sharing that requires the home secretary's permission for non-emergency situations and the head of the police station in the case of an emergency. We want a similar authorisation process - say, a judge and an established paper trail so that there are proper checks and balances. When personal information is involved, even the DNA Board is not well placed because its members are scientists whereas disclosure of personal information is a question of the law.<br /> <br /> <b>You have said the Bill has not been brought in line with the nine national privacy principles set out by an expert committee in 2012. Shouldn't a privacy law precede the passing of the DNA Bill in any case?</b><br /> <br /> It's not a chicken-and-egg situation, but the point to consider is that the world is moving towards European data protection principles, and something like 100 countries have adopted it. If we in India want to trade in European personal information (via our BPO and outsourcing businesses) we must have a law that is adequate from the data protection perspective. This means, among other things, mandating that anyone whose DNA profile is accessed receives a notice to this effect, for instance. We know that the Department of Personnel and Training has incorporated the principles set out in the Justice Shah report in the privacy Bill two years ago but we haven't heard anything about it since. If and when this Bill is enacted, it will have overriding powers over a host of laws. But where the DNA Bill is concerned, there is no reason for it not to take cognisance of a later law.<br /> <br /> <b>What has been the government's reaction to this dissent note?</b><br /> <br /> No reaction!</span></span></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/business-standard-kanika-datta-august-1-2015-why-the-dna-bill-is-open-to-misuse-sunil-abraham'>https://cis-india.org/internet-governance/news/business-standard-kanika-datta-august-1-2015-why-the-dna-bill-is-open-to-misuse-sunil-abraham</a>
</p>
No publishersunilDNA ProfilingInternet GovernancePrivacy2015-09-13T08:37:44ZNews ItemWhy should you keep a close eye on the net neutrality debate in the US
https://cis-india.org/internet-governance/news/digit-subhrojit-mallick-november-24-2017-why-should-you-keep-a-close-eye-on-net-neutrality-debate-in-us
<b>As the United State's FCC Chairman Ajit Pai gears up to repeal the net neutrality laws put in place in 2015, India should sit up and take note.</b>
<p style="text-align: justify; ">The blog post by Subhrojit Mallick was published by <a class="external-link" href="https://www.digit.in/internet/why-you-should-keep-a-close-eye-on-the-net-neutrality-debate-in-the-us-38307.html">Digit</a> on November 24, 2017.</p>
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<p style="text-align: justify; ">Back in 2014, a group of Redditors started debating net neutrality in India after Airtel announced it would charge extra for Voice Over IP (VoIP) services like Skype. Soon, that <a href="https://www.digit.in/internet/nothing-basic-about-facebooks-free-basics-28434.html" target="_blank">snowballed into a nation-wide campaign</a> with over a million internet users participating. Things didn’t help when Facebook too wanted to provide a bunch of internet services for free in India through its Internet.org or Free Basics initiative. However, a year-long discussion and public outrage against the two, led the Telecom Regulatory Authority of India (TRAI) <a href="https://www.digit.in/mobile-phones/trai-rules-for-net-neutrality-says-no-to-differential-pricing-28931.html" target="_blank">to rule in favour of net neutrality</a> and stop both Airtel and Facebook in their tracks of violating a free and open internet.</p>
<p style="text-align: justify; ">Fast forward three years down the line and America, the birthplace of the internet, is struggling with the problem of internet freedom. The Federal Communications Commission (FCC) under the Donald Trump Administration led by Chairman Ajit Pai submitted a final draft proposal yesterday to repeal the existing net neutrality laws put in force by the Obama administration in 2015. The draft proposal will be voted upon by FCC by the end of the year and considering the FCC has a Republican majority under Ajit Pai, the proposal is likely to pass.</p>
<p style="text-align: justify; "><a href="https://apps.fcc.gov/edocs_public/attachmatch/DOC-347927A1.pdf" rel="Nofollow" target="_blank">The draft</a> removes almost every net neutrality rule from 2015, making ISPs the gatekeepers of the internet. It states internet providers will have the freedom to implement fast and slow speed lanes, prioritise traffic and block apps and services. The only rule they have to follow -- publicly disclose when they are doing any of the things stated above.</p>
<p style="text-align: justify; ">Executive director of the Centre for Internet and Society, Sunil Abraham elaborated on what's on Pai's mind.</p>
<p style="text-align: justify; ">"Ajit Pai's ideology is pro-market. He believes the market will sort all problems out. According to Pai, the magic of competition will eliminate all the harms emerging from net neutrality violation," he said.</p>
<p style="text-align: justify; ">"Pai has said, you do what you want to do, but you have to disclose that to the public. You can block, throttle, have fast lanes, prioritise traffic, have discriminatory pricing, but you disclose them. If the customer doesn't like it, he can swith to another network. Pai believes the transparency requirements will allow the magic of the market to diminish and eliminate harm. His regulation of net neutrality is transparency," Abraham further added.</p>
<p style="text-align: justify; ">However, such a move will have drastic effects on the free flow of internet traffic. Telecom companies and ISPs can handpick services by charging customers to access some sites or by slowing down the speeds of others. For instance, ISPs can make consumers pay more to watch high-quality content on Netflix.</p>
<p style="text-align: justify; ">With net neutrality rules repealed, the internet will become a pay-to-play service. It will essentially divide the internet into fast and slow lanes. One will be a speedy service that could be priced higher and another, much slower and cheaper. While big players like Amazon, Facebook, Google, Netflix and the likes can easily pay the higher fees and stay unfettered, newcomers and smaller players will have it tough. Although, the <a href="https://geek.digit.in/2017/07/tech-companies-are-fighting-for-net-neutrality-together/" target="_blank">move will lead to cuts in profits for everyone</a>. A higher price to consumers will eat into the user base of these companies, while startups and new voices in the media will find entry and success prohibitive.</p>
<p style="text-align: justify; ">Although it’s true that no single ISP in the US has the entire market to itself and the market is indeed divided into a handful of players, they do operate in a de facto monopolised way. How? ISPs in the US have sliced up the entire country into areas such that users in a particular area have only one choice of service provider. That essentially leaves users at the mercy of whatever Comcast or Spectrum is offering (or not offering).</p>
<p style="text-align: justify; ">By putting the net neutrality rules in place in 2015, the US had ensured these ISPs won’t do anything grossly uncompetitive. The current rules make broadband in the country a public utility, same as electricity. And now, Ajit Pai-led FCC is about to repeal those very rules that kept them grounded.</p>
<p style="text-align: justify; "><b>Will the FCC ruling make apps and services expensive in other countries?</b></p>
<p style="text-align: justify; ">While Pai’s jurisdiction does not extend beyond the United States, his tirades against a free internet will most definitely have rippling effects across the world. More importantly, it will raise the cost of operations of companies like Netflix and Amazon who will have to hire legal experts and lobbyists to negotiate deals with service providers. That extra cost will be burdened on the US consumers of course, but since they have a large international presence, it is likely that the extra cost will trickle down to users outside the US as well.</p>
<p style="text-align: justify; ">And that’s not just the streaming companies. All the tech giants hail from the US and it is only logical that a rise in their costs of operation will have an impact on their global operations.</p>
<p style="text-align: justify; ">Although, if the level playing field in the US is disrupted, companies will look for greener pastures and if that means moving out of the US to other countries, it could happen.</p>
<p style="text-align: justify; "><b>How will FCC’s decision impact India?</b></p>
<p style="text-align: justify; ">While US is grappling with such a reality, Indians fought against it and won. Or did they? Last year, after Airtel and Facebook were asked to drop their plans for differential pricing, TRAI <a href="https://www.digit.in/telecom/net-neutrality-20-is-india-facing-internet-traffic-discrimination-33384.html" target="_blank">released a paper on net neutrality and differential pricing</a> to finalise its views on the matter. The regulatory body released a 14-question long consultation paper seeking comments on internet traffic management from the public.</p>
<p style="text-align: justify; ">“Increasingly, concerns have been raised globally relating to discriminatory treatment of Internet traffic by access providers. These concerns relating to nondiscriminatory access have become the centre of a global policy debate. The purpose of this second stage of consultation is to proceed towards the formulation of final views on policy or regulatory interventions, where required, on the subject of NN,” the <a href="https://trai.gov.in/consultation-paper-net-neutrality-11" rel="Nofollow" target="_blank">paper</a> read.</p>
<p style="text-align: justify; ">“Net Neutrality being repealed in the US will hurt innovation in that country, and will lead to a consolidation of power with those Internet companies which have the money to partner with US carriers. This hurts Indian product startups, because it means that their apps may not be as easily available to users in the US. The Internet is one world, and we need the same Internet to be available everywhere, across the world: one Internet for the entire world,” Nikhil Pahwa, Co-Founder of Internet Freedom Foundation told Digit.</p>
<p style="text-align: justify; ">That means, essentially, the debate on net neutrality is not over in India. In fact, both RS Sharma, the Chairman of TRAI and FCC’s Ajit Pai agree on the need to bridge the digital divide. Both are exploring ways to keep the internet open while providing access to the unconnected. Thankfully, both differs on the approach to meet that goal.</p>
<p style="text-align: justify; ">Pai believes the internet should be left unregulated despite the “hypothetical harms” to the consumer. He thinks the current rules were put in place to avoid theoretical harms which were not based on hard evidence. Pai claims there should be evidence-based regulation of the internet.</p>
<p style="text-align: justify; ">Sharma, in contrast, disagrees on an evidence-based approach.</p>
<p style="text-align: justify; ">“The TRAI's view of Net Neutrality has so far been diametrically opposite to Ajit Pai's FCC, and with good reason. Net Neutrality ensures that all ISPs and telecom operators act as exchanges of data between users, and do not discriminate on the basis of the type or source of that data. This allows for permission-less innovation on the Internet, which has given us the Internet that we have today,” Pahwa added.</p>
<p style="text-align: justify; "><b>Will India’s stance on net neutrality change after the FCC’s decision? </b></p>
<p style="text-align: justify; ">Rajan Mathews, Director General of Cellular Operators Association of India believes the FCC’s decision will no doubt have some impact on the path India takes.</p>
<p style="text-align: justify; ">“I think the policymakers will look at the decision the US makes. They had taken their decision as a point of reference before and the FCC’s ruling is too large an issue to not look at it. Both the DoT (Department of Telecom) and TRAI will have to reevaluate their approach in the context of the what happens in the US,” he said.</p>
<p style="text-align: justify; ">“Net neutrality approach in both countries is still in flux and India is going to tread lightly on net neutrality issues,” he added. As per Mathews, in India, the situation is different from the US where a handful of telecom companies and ISPs wield control of the entire country. In India, there is a licensed environment which provides a minimal standard of net neutrality, which is applied across the board and everybody who is providing a similar service is made to follow similar guidelines.</p>
<p style="text-align: justify; ">However, Mathews did attribute India’s efforts to enforce net neutrality to the United States’ efforts to place the rules in the first place in 2015 under the Obama administration, when internet was deemed as a public utility, same as electricity or telephone.</p>
<p style="text-align: justify; ">“Net neutrality in India emerged from the US definition. Now that they are going to repeal it, people in India who were looking at the US as a model will evaluate the implications of the move,” Mathews elaborated.</p>
<p style="text-align: justify; ">The US is looking to implement an ex-post approach to regulating the internet wherein the ISPs and telcos will adopt a free market approach and will only be investigated if they violate a rule. India, Mathews says, is adopting an ex-ante approach where there will be some commonly accepted criteria of net neutrality, but operators will have the ability to manage their traffic to ensure quality of service.</p>
<p style="text-align: justify; ">Minister of Information and Broadcasting, Ravi Shankar Prasad also helped alleviate fears of India following suit. During the Global Summit for Cyberspace Security held yesterday, he said, "The citizens' right of accessing the internet is "non-negotiable" and the government will not allow any company to restrict people's entry to the worldwide web."</p>
<p style="text-align: justify; ">Prime Minister Narendra Modi also came in support of net neutrality in India. He tweeted, "The internet, by nature, is inclusive and not exclusive. It offers equity of access and equality of opportunity."</p>
<p style="text-align: justify; ">Pahwa, who fought hard against Airtel and Facebook to ensure the internet remains neutral, was confident the decision won’t affect India’s stance on net neutrality. However, he is apprehensive that Indian telecom companies might borrow a leaf from their US counterparts and lobby hard to repeal the rules.</p>
<p style="text-align: justify; ">“I don't think the FCC decision affects the Indian regulation in any way, because the Indian regulator TRAI has already established strong and well rooted principles for Net Neutrality regulations in India. The only thing that worries me is that Indian telecom operators will use the developments in the US to push back against Net Neutrality with renewed vigour,” he said.</p>
<p style="text-align: justify; ">So, on the face of it, while India is well insulated from the catastrophe the United States has embarked upon, it is important to watch what the US is doing closely and make sure we don’t repeat their mistakes here.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/digit-subhrojit-mallick-november-24-2017-why-should-you-keep-a-close-eye-on-net-neutrality-debate-in-us'>https://cis-india.org/internet-governance/news/digit-subhrojit-mallick-november-24-2017-why-should-you-keep-a-close-eye-on-net-neutrality-debate-in-us</a>
</p>
No publisherAdminInternet Governance2017-11-25T15:33:32ZNews ItemWhy Presumption of Renewal is Unsuitable for the Current Registry Market Structure
https://cis-india.org/internet-governance/blog/why-presumption-of-renewal-is-unsuitable-for-the-current-registry-market-structure
<b>With the recent and much protested renewal of the .net legacy Top-Level-Domain (TLD), the question of the appropriate method of renewal has again come to the forefront. While this seems relatively uncontroversial to most, Padma Venkataraman, a law student and intern at CIS looks at presumptive renewal through a critical lens. </b>
<p style="text-align: justify; ">With the recent renewal of the .net legacy Top-Level-Domain (TLD), the question of the appropriate method of renewal is worth reconsidering. When we talk about presumption of renewal for registry agreements, it means that the agreement has a reasonable renewal expectancy at the end of its contractual term. According to the current base registry agreement, it shall be renewed for 10-year periods, upon expiry of the initial (and successive) term, unless the operator commits a fundamental and material breach of the operator’s covenants or breach of its payment obligations to ICANN.</p>
<p style="text-align: justify; "><a class="external-link" href="http://cis-india.org/internet-governance/files/why-presumption-of-renewal-is-unsuitable-for-the-current-registry-market-structure">Download the entire blog post here</a></p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/why-presumption-of-renewal-is-unsuitable-for-the-current-registry-market-structure'>https://cis-india.org/internet-governance/blog/why-presumption-of-renewal-is-unsuitable-for-the-current-registry-market-structure</a>
</p>
No publisherPadma VenkataramanICANNTransparencyInternet GovernanceAccountability2017-10-31T02:53:26ZBlog EntryWhy NPCI and Facebook need urgent regulatory attention
https://cis-india.org/internet-governance/blog/economic-times-june-10-2018-sunil-abraham-why-npci-and-facebook-need-urgent-regulatory-attention
<b>The world’s oldest networked infrastructure, money, is increasingly dematerialising and fusing with the world’s latest networked infrastructure, the Internet. </b>
<p style="text-align: justify; ">The article was published in the <a class="external-link" href="https://economictimes.indiatimes.com/industry/banking/finance/banking/why-npci-and-facebook-need-urgent-regulatory-attention/articleshow/64522587.cms">Economic Times</a> on June 10, 2018.</p>
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<p style="text-align: justify; ">As the network effects compound, disruptive acceleration hurtle us towards financial utopia, or dystopia. Our fate depends on what we get right and what we get wrong with the law, code and architecture, and the market.</p>
<p style="text-align: justify; ">The Internet, unfortunately, has completely transformed from how it was first architected. From a federated, generative network based on free software and open standards, into a centralised, environment with an increasing dependency on proprietary technologies.</p>
<p style="text-align: justify; ">In countries like Myanmar, some citizens misconstrue a single social media website, Facebook, for the internet, according to LirneAsia research. India is another market where Facebook could still get its brand mistaken for access itself by some users coming online. This is Facebook put so many resources into the battle over Basics, in the run-up to India’s network neutrality regulation. an odd corporation.</p>
<p style="text-align: justify; ">On hand, its business model is what some term surveillance capitalism. On the other hand, by acquiring WhatsApp and by keeping end-toend (E2E) encryption “on”, it has ensured that one and a half billion users can concretely exercise their right to privacy. At the time of the acquisition, WhatsApp founders believed Facebook’s promise that it would never compromise on their high standards of privacy and security. But 18 months later, Facebook started harvesting data and diluting E2E.</p>
<p style="text-align: justify; ">In April this year, my colleague Ayush Rathi and I wrote in Asia Times that WhatsApp no longer deletes multimedia on download but continues to store it on its servers. Theoretically, using the very same mechanism, Facebook could also be retaining encrypted text messages and comprehensive metadata from WhatsApp users indefinitely without making this obvious.</p>
<p style="text-align: justify; ">My friend, Srikanth Lakshmanan, founder of the CashlessConsumer collective, is a keen observer of this space. He says in India, “we are seeing an increasing push towards a bank-led model, thanks to National Payments Corporation of India (NPCI) and its control over Unified Payments Interface (UPI), which is also known as the cashless layer of the India Stack.”</p>
<p style="text-align: justify; ">NPCI is best understood as a shape shifter. Arundhati Ramanathan puts it best when she says “depending on the time and context, NPCI is a competitor. It is a platform. It is a regulator. It is an industry association. It is a profitable non-profit. It is a rule maker. It is a judge. It is a bystander.”</p>
<p style="text-align: justify; ">This results in UPI becoming, what Lakshmanan calls, a NPCI-club-good rather than a new generation digital public good. He also points out that NPCI has an additional challenge of opacity — “it doesn’t provide any metrics on transaction failures, and being a private body, is not subject to proactive or reactive disclosure requirements under the RTI.”</p>
<p style="text-align: justify; ">Technically, he says, UPI increases fragility in our financial ecosystem since it “is a centralised data maximisation network where NPCI will always have the superset of data.” Given that NPCI has opted for a bank-led model in India, it is very unlikely that Facebook able to leverage its monopoly the social media market duopoly it shares with in the digital advertising market to become a digital payments monopoly.</p>
<p style="text-align: justify; ">However, NCPI and Facebook both share the following traits — one, an insatiable appetite for personal information; two, a fetish for hypercentralisation; three, a marginal commitment to transparency, and four, poor track record as a custodian of consumer trust. The marriage between these like-minded entities has already had a dubious beginning.</p>
<p style="text-align: justify; ">Previously, every financial technology wanting direct access to the NPCI infrastructure had to have a tie-up with a bank. But for Facebook and Google, as they are large players, it was decided to introduce a multi-bank model. This was definitely the right thing to do from a competition perspective. But, unfortunately, the marriage between the banks and the internet giant was arranged by NPCI in an opaque process and WhatsApp was exempted from the full NPCI certification process for its beta launch.</p>
<p style="text-align: justify; ">Both NPCI and Facebook need urgent regulatory attention. A modern data protection law and a more proactive competition regulator is required for Facebook. The NPCI will hopefully also be subjected to the upcoming data protection law. But it also requires a range of design, policy and governance fixes to ensure greater privacy and security via data minimisation and decentralisation; greater accountability and transparency to the public; separation of powers for better governance and open access policies to prevent anti-competitive behaviour.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/economic-times-june-10-2018-sunil-abraham-why-npci-and-facebook-need-urgent-regulatory-attention'>https://cis-india.org/internet-governance/blog/economic-times-june-10-2018-sunil-abraham-why-npci-and-facebook-need-urgent-regulatory-attention</a>
</p>
No publishersunilSocial MediaInternet GovernancePrivacy2018-06-12T02:07:42ZBlog EntryWhy is the UIDAI cracking down on individuals that hoard Aadhaar data?
https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohamed-april-13-2016-why-is-uidai-cracking-down-on-individuals-that-hoard-aadhaar-data
<b>Private firms' offer to print Aadhaar details on plastic card a breach of law.</b>
<p style="text-align: justify; ">The article by Alnoor Peermohamed was published by <a class="external-link" href="http://www.business-standard.com/article/economy-policy/why-is-the-uidai-cracking-down-on-individuals-that-hoard-aadhaar-data-116041200400_1.html">Business Standard </a>on April 13, 2016. Sunil Abraham was quoted.</p>
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<p style="text-align: justify; ">The billion-strong citizen identification system, Aadhaar, has given rise to businesses keen on illegal harnessing of this private data, say the authorities.<br /><br /> Outfits are offering services to print the <a class="storyTags" href="http://www.business-standard.com/search?type=news&q=Aadhaar" target="_blank"><span>Aadhaar </span></a>details on plastic cards, something the Union information technology ministry warned against on Monday. These entities charge anywhere between Rs 50 and Rs 600, and are listed on e-commerce websites, apart from own online presence.<br /><br /> Under the Aadhaar law, collecting and storing of the data by private companies without the user’s consent is a crime. Monday’s warning from the ministry to e-commerce marketplaces such as Amazon, Flipkart and eBay to disallow merchants from collecting and printing such details was a result of this.<br /><br /> This newspaper could not find any listings of Aadhaar printing services on Flipkart but there was one on Amazon (taken down) and no less than five such listings on eBay.<br /><br /> PrintMyAadhaar is one of the more well organised outfits operating in this space. “Get your E-Aadhaar printed on a PVC card for easier handling,” reads their website. Users are prompted to fill their Aadhaar details on the website, pay Rs 50 and have the card sent to their houses. PrintMyAadhaar even offers discounts for bulk orders.<br /><br /> “Collecting such information or unauthorised printing of an Aadhaar card or aiding such persons in any manner may amount to a criminal offence, punishable with imprisonment under the Indian Penal Code and also Chapter VI of The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016,” read the statement from the ministry.<br /><br /> Currently, Aadhaar stores a person’s name, date of birth, sex and address, apart from their biometric data.<br /><br /> While the biometric data isn’t available to these PDF printing shops, the rest of the information is, according to Srikanth Nadhamuni, chief executive officer of Khosla Labs and a former head of technology at the Unique Identification Authority of India. However, collecting this data poses no security risk to the Aadhaar infrastructure, he added.<br /><br /> “Allowing somebody to accumulate large amounts of data from Aadhaar users in general is not a good practice. We should ensure that the Aadhaar details of people remain private and it should only be up to the discretion of the end-user to share this,” said Nadhamuni.<br /><br /> Some security experts say Aadhaar does pose a security risk, as it makes available an individual's details in the public domain. Several institutions are treating Aadhaar just like any other proof of identity.<br /><br /> “Transactions that should have been conducted using biometric authentication are being conducted just by presentation of paper documents. What is happening most commonly is that people are giving a printout or photocopy of their Aadhaar acknowledgement as their proof of identity to get a SIM card. The risk here is that somebody can get a mobile number against your name,” said Sunil Abraham, executive director of the non-profit Centre for Internet and Society.<br /><br /> He says the other technical issue with Aadhaar is the lack of a smart card that stores a person’s information, as in a digital signature. Due to the lack of this, people don’t know what information to keep private and what to make public. Conventional security techniques would have had a person keeping their PIN private (as with a bank account). If this personal PIN would have been saved on a smart card, which users wouldn’t have had much to worry about.<br /><br /> “In the case of Aadhaar, the authentication factor and the identification factor are in the public domain, because many people might have your UID number and people release their biometric data everywhere. Due to this broken technological solution, we are now through policy putting band-aids, saying people should not disclose their UID number unnecessarily,” added Abraham.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohamed-april-13-2016-why-is-uidai-cracking-down-on-individuals-that-hoard-aadhaar-data'>https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohamed-april-13-2016-why-is-uidai-cracking-down-on-individuals-that-hoard-aadhaar-data</a>
</p>
No publisherpraskrishnaAadhaarInternet GovernancePrivacy2016-04-17T16:16:26ZNews ItemWhy Indians are turning down Facebook's free internet
https://cis-india.org/internet-governance/news/global-post-nimisha-jaiswal-why-indians-are-turning-down-facebook-free-internet
<b>Imagine a billion of the world’s poorest gaining overnight access to health information, education, and professional help — for free. Add to this one rich man who wants to make that dream a reality. </b>
<p style="text-align: justify; ">The article by Nimisha Jaiswal was published in the <a class="external-link" href="http://www.globalpost.com/article/6718467/2016/01/12/india-free-basics-facebook-internet">Global Post</a> on January 13, 2016. Sunil Abraham was quoted.</p>
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<p class="ng-scope" style="text-align: justify; ">That’s the invitation that Facebook has sent to India. Many there, however, are rejecting such benevolence.</p>
<p class="ng-scope" style="text-align: justify; ">Facebook has introduced its Free Basics project in 36 countries. The company claims that the app acts as a stepping-stone to the internet for those who are otherwise without access, by providing them with a few essential sites — or “basics” — to get started.</p>
<p class="ng-scope" style="text-align: justify; ">“We know that when people have access to the internet they also get access to jobs, education, healthcare, communication… We know that for India to make progress, more than 1 billion people need to be connected to the internet,” wrote Facebook CEO Mark Zuckerberg in a recent op-ed for a major Indian <a href="http://blogs.timesofindia.indiatimes.com/toi-edit-page/free-basics-protects-net-neutrality/" target="_blank">newspaper</a>. “Free Basics is a bridge to the full internet and digital equality.”</p>
<p class="ng-scope" style="text-align: justify; ">However, net neutrality researchers and activists in India define it quite differently.</p>
<p class="ng-scope" style="text-align: justify; ">“Free Basics is a zero-rated walled garden that gives users a tiny subset of the world wide web,” Sunil Abraham, executive director of the Bengaluru-based Centre for Internet and Society, told GlobalPost.</p>
<p class="ng-scope" style="text-align: justify; ">The Free Basics app is part of Facebook’s Internet.org, a “zero-rating” internet service that provides limited access for no charge to the consumer. The original Internet.org was heavily criticized in India for violating net neutrality, the principle that all content on the web should be accessible to consumers at the same speed, without discrimination by providers.</p>
<p class="ng-scope" style="text-align: justify; ">Last spring, as part of a homegrown <a href="https://www.savetheinternet.in/" target="_blank">Save The Internet</a> movement, over 1 million people wrote to the Telecom Regulatory Authority of India (TRAI) to protest services that disrupt net neutrality by providing only a small fraction of the internet to their users.</p>
<p class="ng-scope" style="text-align: justify; ">India’s Department of Telecommunications has already recommended that such platforms be disallowed. Before it makes its own recommendations this month, the TRAI asked concerned citizens for another round of input on zero-rating apps. The criticism has been so loud that, at the end of December, Free Basics’ local telecom partner was ordered to take the service down until a decision is reached.</p>
<p class="ng-scope" style="text-align: justify; ">Though Free Basics does not require payment from the websites it shares, Facebook’s competitors are unlikely to participate and provide user data to their rivals. And while there are currently no advertisements on Free Basics, Facebook reserves the right to introduce them in the future to garner revenue from their “walled-in” clients.</p>
<p class="ng-scope" style="text-align: justify; ">According to Abraham, such a platform harms free speech, privacy, innovation and diversity by adding another layer of surveillance and “censoring” the internet.</p>
<p class="ng-scope" style="text-align: justify; ">Mahesh Murthy, a venture capitalist who is part of India’s Save The Internet movement, puts it more bluntly.</p>
<p class="ng-scope" style="text-align: justify; ">“What Facebook wants is our less fortunate brothers and sisters should be able to poke each other and play Candy Crush, but not be able to look up a fact on Google, or learn something on Khan Academy, or sell their produce on a commodity market, or even search for a job on [Indian recruitment website] Naukri,” said Murthy.</p>
<p class="ng-scope" style="text-align: justify; ">Zuckerberg and Facebook’s India team have vigorously rebutted net neutrality activists in India, <a href="http://thewire.in/2015/12/30/facebooks-rebuttal-to-mahesh-murthy-on-free-basics-with-replies-18235/" target="_blank">including Murthy</a>, challenging their criticism of Free Basics and accusing activists of deliberately trying to prevent the masses from gaining internet access.</p>
<p class="ng-scope" style="text-align: justify; ">“Critics of the program continue to spread false claims — even if that means leaving behind a billion people,” wrote Zuckerberg in his Times of India op-ed.</p>
<p class="ng-scope" style="text-align: justify; ">According to Abraham, this is a misleading assertion. “They are falsely framing the debate, they are making it look like we have only two choices,” he told GlobalPost. “The choice is not between less people on the internet and unregulated [Free Basics].”</p>
<p class="ng-scope" style="text-align: justify; ">Several alternatives are being proposed. Abraham does not advocate a complete ban on Free Basics, instead suggesting a “leaky” walled garden where users would be given 100 MB of full internet access for every 100 MB of Free Basics consumed.</p>
<p class="ng-scope" style="text-align: justify; ">The Save the Internet campaign, however, wants Free Basics barred altogether. It proposes returning to previously implemented schemes like providing data on the purchase of a phone, or letting users access the full internet after watching an ad. The Universal Service Obligation Fund, set up by the Department of Telecommunications to provide affordable communication technology in rural areas, could also be used to finance <a href="http://blogs.timesofindia.indiatimes.com/toi-editorials/free-basics-is-a-walled-garden-heres-a-much-better-scheme-direct-benefit-transfer-for-internet-data-packs/" target="_blank">free data packs</a>.</p>
<p class="ng-scope" style="text-align: justify; ">While Facebook could potentially contribute to such funds to promote its connectivity goals, the millions of dollars it has spent loudly defending Free Basics in India suggest that the company is deeply attached to its own scheme.</p>
<p class="ng-scope" style="text-align: justify; ">Facebook has claimed that “more than four in five Indians support Free Basics,” according to a survey that it paid for. Indian users of the social network have received notifications encouraging them to send a template letter to the regulator in support of Free Basics. Even users in the US were “<a href="http://timesofindia.indiatimes.com/tech/tech-news/Facebook-under-fire-for-asking-US-users-to-support-Free-Basics-in-India/articleshow/50286467.cms" target="_blank">accidentally</a>” notified to add their backing to the Indian campaign.</p>
<p class="ng-scope" style="text-align: justify; ">Some of the company's critics suggest that it is driven less by philanthropy, more by guaranteeing itself a stream of new users.</p>
<p class="ng-scope" style="text-align: justify; ">Murthy points out that a large number of the world’s population not yet on the internet are in India and China — and Facebook is banned in China. “So who becomes essential to Mark Zuckerberg’s balance sheet? Enter us Indians.”</p>
<p class="ng-scope" style="text-align: justify; ">While Indian activists agree that connectivity is an important goal, they insist that Free Basics in its current form is not the solution or even the only option right now. All it does is whets the appetite of the consumer, according to Abraham.</p>
<p class="ng-scope" style="text-align: justify; ">“You can compare Free Basics to when you go through the mall: You see the people selling cookies, and the aroma fills the whole mall,” he said. “That’s what Free Basics does — it gets you interested in the cookie. But it doesn’t solve the affordability question.”</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/global-post-nimisha-jaiswal-why-indians-are-turning-down-facebook-free-internet'>https://cis-india.org/internet-governance/news/global-post-nimisha-jaiswal-why-indians-are-turning-down-facebook-free-internet</a>
</p>
No publisherpraskrishnaFree BasicsFreedom of Speech and ExpressionInternet Governance2016-01-17T16:25:10ZNews ItemWhy India’s attempt to police digital maps and satellite images is a ‘dumb’ idea
https://cis-india.org/internet-governance/news/the-newsminute-may-6-2016-why-indias-attempt-to-polic-digital-maps-and-satellite-images-is-a-dumb-idea
<b>Are we back to the license raj?</b>
<p style="text-align: justify; ">The story was published by <a class="external-link" href="http://www.thenewsminute.com/article/why-indias-attempt-police-digital-maps-and-satellite-images-dumb-idea-42805">the News Minute</a> on May 6, 2016. Pranesh Prakash gave inputs.</p>
<hr />
<p style="text-align: justify; ">In a move which is receiving widespread criticism from technology and policy experts, the Indian government has proposed the Geospatial Information Regulation Bill that seeks to regulate the use of ‘geospatial information’ of India. Any violation of the proposed act could attract a penalty of up to 7 years in prison and Rs. 1 crore in fines, and the extreme punishments proposed have also been criticised.</p>
<p style="text-align: justify; ">So what is Geospatial information?</p>
<p style="text-align: justify; ">Geospatial Information has been defined in the act as</p>
<blockquote style="text-align: justify; ">
<p>any imagery or data acquired through space or aerial platforms such as satellites, aircrafts, airships, balloons, unmanned aerial - vehicles or graphical or digital data depicting natural or man-made physical features, phenomenon or boundaries of the earth or any information including surveys, charts, maps and terrestrial photos.</p>
</blockquote>
<p style="text-align: justify; ">To put it simply, any imagery of anything on earth (in India) recorded using machines in the sky will be under the purview of the law.</p>
<p style="text-align: justify; ">The law forbids any ‘incorrect representation' of the Indian map. For instance, not showing Pakistan Occupied Kashmir as a part of India will now be illegal and attract a fine and jail-term.</p>
<p style="text-align: justify; ">Here’s what the draft bill says,</p>
<blockquote style="text-align: justify; ">
<p>"No person shall depict, disseminate, publish or distribute any wrong or false topographic information of India, including international boundaries through Internet platforms or online services or in any electronic or physical form."</p>
</blockquote>
<p style="text-align: justify; ">And further states,</p>
<blockquote style="text-align: justify; ">
<p>"Whoever acquires any geospatial information of India in contravention of the law shall be punished with a fine ranging from Rs 1 crore to Rs 100 crore and/or imprisonment for a period up to seven years."</p>
</blockquote>
<p style="text-align: justify; ">And it doesn’t end here.</p>
<p style="text-align: justify; ">In what is reminiscent of India’s license raj era, the law also mandates that any person or institution acquiring or disseminating any geospatial imagery will have to first seek permission and license from a government authority. So Google Maps, Wikipedia, OpenStreetMap and others can operate in India only with a specific license from the Indian government.</p>
<p style="text-align: justify; ">The government authority will also run “sensitivity checks” on the imagery to protect India’s security and sovereignty.</p>
<p style="text-align: justify; ">Technology and policy experts are openly gunning for the bill and are holding no punches back.</p>
<p style="text-align: justify; ">“This proposed bill is as dumb as the draft encryption bill of last year which would have made WhatsApp illegal. It is unenforceable and will only serve to make India look like a backward, despotic country,” says Kiran Jonalgadda, founder of HasGeek and a social technologist.</p>
<p style="text-align: justify; ">Pranesh Prakash, Director of the Centre for Internet and Society, is of the view that this bill goes against the philosophy of Digital India and is regressive in nature. “It bears semblance to the conditions that prevailed in the License Raj. The bill is a clear over-reaction to legitimate security concerns. The government ought to encourage open mapping and should have limited the security restrictions to a set of officially declared security installations across India,” he says.</p>
<p style="text-align: justify; ">While the government's motive may be in the best interest of maintaining national security in order to prevent the misuse of sensitive data, such stringent measures may hinder the operations of navigation services and other applications that rely on geospatial information, and it will be the smaller players who will be affected the most. “Every map maker has to create different maps for different countries and hope they're not shown in the wrong country. Google Maps can afford to do this. OpenStreetMap and Wikipedia cannot. They will effectively become illegal,” adds Jonalgadda.</p>
<p style="text-align: justify; ">These stringent rules are not entirely unexpected and the government has cracked down on institutions in the past for ‘wrong’ geographical depiction of India.</p>
<p style="text-align: justify; ">The government had taken harsh rebuke against Twitter earlier this year for showing parts of Jammu and Kashmir in Pakistan and China. In another such instance, Al Jazeera was <a href="https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&cad=rja&uact=8&ved=0ahUKEwjM6KPHqcXMAhWCU44KHf8OA4IQFggyMAU&url=http%3A%2F%2Ftime.com%2F3832585%2Findia-al-jazeera-suspended-kashmir-dispute-maps%2F&usg=AFQjCNGPWa0itfyNDEj1z8povvwm_0CmqQ&bvm=bv.121421273,d.c2E"><span>banned </span></a>from broadcasting by the Information and Broadcasting Ministry because of repeatedly using a wrong map of India and was accused of cartographic aggression. The RSS too carried an <a href="http://timesofindia.indiatimes.com/india/RSS-mouthpiece-Organiser-apologizes-for-PoK-map-error/articleshow/46566185.cms" target="_blank"><span>inaccurate</span></a> map of India (without some parts of Jammu and Kashmir) in its mouthpiece, Organiser and later apologised for its inadvertent error.</p>
<p style="text-align: justify; ">Nikhil Pahwa of Medianama has an exhaustive explanation and critique of the bill, and tells you how you and your businesses will be affected if the law is enacted. Read his piece <a href="http://www.medianama.com/2016/05/223-india-draft-mapping-bill/"><span>here</span></a>.</p>
<p style="text-align: justify; ">Here are his final comments from his piece, and they are pretty scathing.</p>
<blockquote style="text-align: justify; ">
<p>This looks like a policy made for policing Google maps that has ended up throwing out the baby with the bathwater.</p>
<p>The people involved in drafting this have absolutely no clue about how users and businesses use geospatial data to make users lives easier, and how integral it is to every day life. Data is changing and increasing every single minute, and it is impossible to police it.</p>
<p>Collection and dissemination of realtime data and its utility is what makes location information useful and special. This kills realtime information.</p>
<p>It looks at location information from the myopic viewpoint of businesses and platforms, and ignores crowdsourced information, and indeed, independent crowdsourced maps.</p>
<p>A separate policy regarding just security establishments and their removal from mapping information, as well as the depiction of national boundaries of India was all that is needed.</p>
<p>It’s hypocritical of a government that promised “maximum governance, miminum governance” to try and enforce a License-raj.</p>
</blockquote>
<p style="text-align: justify; ">Interestingly, even as the government wishes to impose punitive measures on erring private bodies, government organisations will not be regulated by the Geospatial Information Regulation Bill.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/the-newsminute-may-6-2016-why-indias-attempt-to-polic-digital-maps-and-satellite-images-is-a-dumb-idea'>https://cis-india.org/internet-governance/news/the-newsminute-may-6-2016-why-indias-attempt-to-polic-digital-maps-and-satellite-images-is-a-dumb-idea</a>
</p>
No publisherpraskrishnaInternet Governance2016-05-08T13:05:48ZNews Item