Centre for Internet and Society

Indian government wakes up to risk of Hotmail, Gmail

praskrishna — 2013-12-30T04:24:57Z

Worried by US spying revelations, India has begun drawing up a new email policy to help secure government communications, but the man responsible for drafting the rules still regularly uses Hotmail.

This was originally published by AFP on December 7, 2013, was also mirrored by the Times of India, Livemint, Reuters, Dawn, NDTV, Yahoo News, The Malaysian Insider and Asia One Digital. A slightly modified version was published by Silicon India on December 11. Sunil Abraham is quoted.

Like many of his peers in ministries across New Delhi, IT Minister Kapil Sibal's office recently sent an email inviting journalists to the launch of his new personal website using the free email service.

Others, including senior foreign ministry officials, the information and broadcasting minister and the health ministry secretary, also use Gmail, Hotmail or Yahoo instead of their government accounts.

When asked why he continued to use his Hotmail for official use, Sibal declined to comment, but a senior bureaucrat in his ministry admitted that he personally preferred Gmail because it is "just a lot easier".

"We keep moving, get different designations, go different places and with that, our emails change. You lose contacts and important emails, which you don't need to worry about with a Gmail account," the bureaucrat told AFP.

"To be honest, the quality of our official mail isn't that great yet. It still needs some work," he added on condition of anonymity.

Security concerns

IT security expert Sunil Abraham said the use of Gmail and the like was highly risky since the American services had their servers in the US and the National Security Agency has been known to tap into their database systems.

It is unclear how many state and federal public workers actively use popular email services for office, but some of the estimates are startling.

"As much as 90 percent of government officials use private email (services) for official use... that's because their official email is not as stable or speedy," said Abraham, executive director of the Bangalore-based Centre for Internet and Society.

In September Sibal's ministry announced a new "Email Policy of the Government of India" in the wake of spying allegations about the NSA revealed by former NSA contractor Edward Snowden.
NSA's tentacles not only crept into the Indian embassy in Washington and its UN office in New York, but also accessed email and chat messenger contact lists of hundreds of millions of ordinary citizens worldwide, according to media reports.

During a single day last year, the NSA's Special Source Operations branch collected 444,743 email address books from Yahoo, 105,068 from Hotmail, 82,857 from Facebook, 33,697 from Gmail and 22,881 from unspecified other providers, The Washington Post said, according to an internal NSA presentation.

The $11 million Indian project aims to bring some five million public employees onto the government's email domain powered by the National Informatics Centre (NIC) as early as mid-December.

It is awaiting clearances and suggestions from all ministries before the proposal goes to the cabinet this month.

J. Satyanarayana, secretary of the department of electronics and IT, dismissed claims that the policy was too late and was a response to the Snowden scandal.

"The policy is not a reaction to any global spying revelations, it was already in the works. It is just a mere coincidence that both came around the same time," he said.

Fresh doubts

Some cyber security experts say bringing millions aboard a centralised server could make a hacker's job easier, with all critical government information available on a single platform.
More than 11,000 Indian websites were hacked or defaced between May and August this year, with a large number of attacks on the ".in" domain whose servers are in India, the Times of India reported last month.

"Making the use of a centralised government server is not the best way to proceed. Having everything on one platform makes it even more vulnerable to cyber attacks and hacking," said Abraham.

"It also brings about new worries of the NIC becoming the local snoop."

Some also predict that the ambitious policy would eventually fizzle out for lack of attention from ministers and bureaucrats, who work in government offices where stacks of yellowing files and papers are still a common sight.

"It's sad but most of these officials don't understand much about technology, so mastering email is something that is miles and miles away," said Vijay Mukhi, a Mumbai-based cyber security expert.

"These guys saw all the snooping news and suddenly they woke up and said 'lets make an email policy'. Enforcing this is not possible on a practical basis."

The IT ministry also plans to conduct workshops to teach employees about email security such as when to change passwords and user names and how to use email.

"Every employee should know how, what and when critical data can be vulnerable... with most work still done on paper, it is important to know the nitty-gritty of using email," Satyanarayana said.

For more details visit https://cis-india.org/news/afp-december-7-2013-annie-banerjee-indian-government-wakes-up-to-risk-of-hotmail-gmail

Thousands go online against 66A

praskrishna — 2012-11-30T06:40:38Z

An online petition aimed at amending section 66A of the Information Technology (IT) Act and re-examining internet laws has garnered 3,000 signatures since it began on Tuesday — two days before Kapil Sibal, telecom and IT minister, chairs a meeting with the cyber regulation advisory committee.

This article by Apoorva Dutt was published in DNA on November 29, 2012. Pranesh Prakash is quoted.

The petition, anchored on Change.org, a platform for social initiatives, was started by Bangalore-based advocate Gautam John after two girls were arrested for their Facebook post on imposing a bandh in the city on the day Shiv Sena chief Bal Thackeray was cremated. Following their arrests, Shaheen Dhada has deleted her Facebook account while her friend Rini Srinivasan who merely liked the post has opened a new account on the social networking site. However, she has vowed to refrain from making political statements.

John is blunt about the legislative effect an online petition can have. l Turn to p8.

“Honestly, I don’t believe that a petition can change laws, but it gives concerned citizens a platform for documenting their concern in such troubling scenarios. To some extent, this sort of petition can represent a civil society’s point of view. No more can a government authority say ‘only NGOs care about an issue’. Now they know – thousands of ordinary people care,” John said.

Pranesh Prakash, policy director at the Centre For Internet and Society in Bangalore, points out the flaws in section 66A that have been exploited in cases like the Palghar incident. “Section 66A is very broadly-worded and the punishment (three years imprisonment) is excessive,” he said. “The law was borrowed – that too badly – from a British law. There are many a things greatly flawed in this unconstitutional provision, from the disproportionality of the punishment to the non-existence of the crime. The 2008 amendment to the IT Act was one of eight laws passed in 15 minutes without any debate in the winter session of Parliament.”

The petition also aims to organise a meeting of the civil society stakeholders to look into these concerns. A similar meeting was scheduled to be held in August, but it did not take place.

Sudarshan Balachandran of Change.org is the lead campaigner and organiser of the petition. He hopes to hand over a copy of the petition to Sibal during the meeting on Thursday. “Sibal has gone on record to say that they will examine the law, and if they feel it doesn’t work, it will be junked. So I am hopeful,” said Balachandran.

For more details visit https://cis-india.org/news/dnaindia-nov-29-2012-apoorva-dutt-thousands-go-online-against-66a

FOEX Live: June 8-15, 2014

geetha — 2014-06-16T10:22:31Z

A weekly selection of news on online freedom of expression and digital technology from across India (and some parts of the world). Please email relevant news/cases/incidents to geetha[at]cis-india.org.

Karnataka:

A Hindu rightwing group demanded the arrest of a prominent activist, who during a speech on the much-debated Anti-superstition Bill, made comments that are allegedly blasphemous.

Kerala:

On June 10, the principal and six students of Government Polytechnic at Kunnamkulam, Thrissur, were arrested for publishing a photograph of Prime Minister Narendra Modi alongside photographs of Hitler, Osana bin Laden and Ajmal Kasab, under the rubric ‘negative faces’. An FIR was registered against them for various offences under the Indian Penal Code including defamation (Section 500), printing or engraving matter known to be defamatory (Section 501), intentional insult with intent to provoke breach of peace (Section 504), and concealing design to commit offence (Section 120) read with Section 34 (acts done by several persons in furtherance of common intention). The principal was later released on bail.

In a similarly unsettling incident, on June 14, 2014, a case was registered against the principal and 11 students of Sree Krishna College, Guruvayur, for using “objectionable and unsavoury” language in a crossword in relation to PM Narendra Modi, Rahul Gandhi, Shashi Tharoor, etc. Those arrested were later released on bail.

Maharashtra:

Facebook posts involving objectionable images of Dr. B.R. Ambedkar led to arson and vandalism in Pune. Police have sought details of the originating IP address from Facebook.

A Pune-based entrepreneur has set up a Facebook group to block ‘offensive’ posts against religious leaders. The Social Peace Force will use Facebook’s ‘Report Spam’ option to take-down of ‘offensive’ material.

Deputy Chief Minister Ajit Pawar suggested a ban on social media in India, and retracted his statement post-haste.

Punjab:

A bailable warrant was issued against singer Kailash Kher for failing to appear in court in relation to a case. The singer is alleged to have hurt religious sentiments of the Hindu community in a song, and a case registered under Sections 295A and 298, Indian Penal Code.

Uttar Pradesh:

The presence of a photograph on Facebook, in which an accused in a murder case is found posing with an illegal firearm, resulted in a case being registered against him under the IT Act.

News & Opinion:

Authors, civil society activists and other concerned citizens issued a joint statement questioning Prime Minister Modi’s silence over arrests and attacks on exercise of free speech and dissent. Signatories include Aruna Roy, Romila Thapar, Baba Adhav, Vivan Sundaram, Mrinal Pande, Jean Dreze, Jayati Ghosh, Anand Pathwardhan and Mallika Sarabhai.

In response to Mumbai police’s decision to take action against those who ‘like’ objectionable or offensive content on Facebook, experts say the freedom to ‘like’ or ‘share’ posts or tweets is fundamental to freedom of expression. India’s defamation laws for print and the Internet need harmonization, moreover.

While supporting freedom of expression, Minister for Information and Broadcasting Prakash Javadekar cautioned the press and all users of social media that the press and social media should be used responsibly for unity and peace. The Minister has also spoken out in favour of free publication, in light of recent legal action against academic work and other books.

Infosys, India’s leading IT company, served defamation notices on the Economic Times, the Times of India and the Financial Express, for “loss and reputation and goodwill due to circulation of defamatory articles”. Removal of articles and an unconditional apology were sought, and Infosys claimed damages amounting to Rs. 2000 crore. On a related note, Dr. Ashok Prasad argues that criminal defamation is a violation of freedom of speech.

Drawing on examples from the last 3 years, Ritika Katyal analyses India’s increasing violence and legal action against dissent and hurt sentiment, and concludes that Prime Minister Narendra Modi has both the responsibility and ability to “rein in Hindu hardliners”.

Discretionary powers resting with the police under the vaguely and broadly drafted Section 66A, Information Technology Act, are dangerous and unconstitutional, say experts.

Providing an alternative view, the Hindustan Times comments that the police ought to “pull up their socks” and understand the social media in order to effectively police objectionable and offensive content on the Internet.

Keeping Track:

Indconlawphil’s Free Speech Watch keeps track of violations of freedom of expression in India.

For more details visit https://cis-india.org/internet-governance/blog/foex-live-june-8-15-2014

Reply to RTI Application on Blocking of website and Rule 419A of Indian Telegraph Rules, 1951

praskrishna — 2013-03-21T07:58:12Z

The Department of Telecommunications sent its reply to an RTI application from the Centre for Internet and Society. The application was sent on December 27, 2012 with reference to blocking of websites and Rule 419A of the Indian Telegraph Rules, 1951.

To
Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II), Room No 1006, Sanchar Bhawan
Department of Télécommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

Dear Sir,
Subject: Information on Website Blocking Requested under the Right to Information Act, 2005

1. Full Name of the Applicant: Centre for Internet & Society

2. Address of the Applicant

Mailing Address: Centre for Internet and Society
194, 2־C Cross,
Domlur Stage II,
Bangalore 560071

3. Details of the information required

It has come to our attention that Airtel Broadband Services ("Airtel") and Mahanagar Téléphoné Nigam Limited ("MTNL") have recently blocked access to a number of domain sites for all their users across the country. Airtel has blocked Fabulous Domains (http://www.fabulous.com/), BuyDomains (http://www.buvdomains.com/) and Sedo (http://sedo.co.uk/uk/home/welcome/). MTNL has blocked Sedo (http://sedo.co.uk/uk/home/welcQme/). Subscribers trying to access this website receive a message noting "This website/URL has been blocked until further notice either pursuant to Court orders or on the Directions issued by the Department of Télécommunications". In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

Does the Department have powers to require an Internet Service Provider to block a website? If so, please provide a citation of the statute under which power is granted to the Department, as well as the safeguards prescribed to be in accordance with Article 19(1)(a) of the Constitution of India.
Did the Department order Airtel or MTNL to block any or all of the above mentioned websites? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel and MTNL for blocking of websites?
Has the Department ever ordered the blocking of any website? If so, please provide a list of addresses of all the websites that have been ordered to be blocked.
Please provide use the present composition of the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
Please provide us the dates and copies of the minutes of all meetings held by the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951, and copies of all their recommendations.

4. Years to which the above requests pertain: 2012

5. Designation and address of the PIO from whom the information is required

Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II), Room No 1006, Sanchar Bhawan
Department of Télécommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

To the best of my belief, the détails sought for fall within your authority. Further, as provided under section 6(3) of the Right to Information Act ("RTI Act"), in case this application does not fall within your authority, I request you to transfer the same in the designated time (5 days) to the concerned authority and inform me of the same immediately.

To the best of my knowledge the information sought does not fall within the restrictions contained in section 8 and 9 of the RTI Act, and any provision protecting such information in any other law for the time being in force is inapplicable due to section 22 of the RTI Act.

Please provide me this information in electronic form, via the e-mail address provided above. This to certify that I, Smitha Krishna Prasad, am a citizen of India.

A fee of Rs. 10/- (Rupees Ten Only) has been made out in the form of a demand draft drawn in favour of "Pay and Accounts Officer (HQ), Department of Telecom" payable at New Delhi.

Date. Monday November 26,2012
Place: Bengaluru, Karnataka

Below is the reply received from the Department of Telecommunications for the above RTI application

Government of India
Department of Télécommunications
Sanchar Bhawan, 20, Ashoka Road. New Delhi -110 001
(DS-CelI)

No. DIR(DS-II)/RTI/2009																		Dated:ll/01/2013

To,
Centre for Internet and Society,
No. 194, 2-C Cross,
Domlur Stage II,
Bangalore - 560 071

This has reference to RTI application dated 27/12/2012 with reference to Blocking of website and Rule 419A of Indian Telegraph Rules, 1951

In this regard it is submitted that Internet Service licensees are to follow the provisions of Information Technology Act 2000 as amended from time to time. Under Information Technology Act 2000, "Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules 2009" were notified on 27/10/2009.(Annexure) Aforesaid notified rules describes the "Designated Officer" for the purpose of issuing direction for blocking for access by the public any information generated, transmitted, received, stored or hosted in any computer resource under subsection (2) of Section 69(A) of the ACT. Wide Gazette Notification dated 20/01/2010 Group Coordinator , Cyber Law division, Department of Information Technology has been authorized and designated as "Designated Officer".

As per the directions of Group Coordinator, Cyber Law division, under Information Technology Act 2000, instructions for blocking/ unblocking of websites/URLs are issued to Internet Service Licensees.

As per the available information no instruction to Internet Service Providers has been issued for Blocking of http://www.fabulous.com/, http://www.buydomains.com/, http://sedo.co.uk/uk/home/welcome/ and http://sedo.co.uk/uk/home/welcome/ as mentioned in your RTI application.

Copies of Blocking order for which blocking instructions issued by DoT are not being provided are not provided as per Clause 16 of "Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules 2009" which says "Strict confidentiality shall be maintained regarding all the requests and complaints received and actions taken thereof."
With reference to information (Para 4 & 5 of RTI Aplication ) on Rule 419A of Indian Telegraph Rule, 1951 , the RTI is being forwarded to Dir (AS-III) & CPIO, DoT for providing the information.
The appeal, it any, may be made before Shri Nitin Jain, DDG(DS) & Appellate Authority, Department of Télécommunications, Room No. 1201, Sanchar Bhawan, 20 Ashoka Road, Nevy Delhi-110 001 within 30 days from the date of receipt of this letter.

Encl: As above
																							(Subodh Saxena) DIR (DS-II) 011-2303 6860 011-2335 9454

Copy to:

(I) Shri Rajiv Kumar, CPIO & Director (AS-III), DoT, New Delhi

NOTIFICATION
New Delhi, the 27th October, 2009

G.S.R. 781 (E). — In exercise of the powers conferred by clause (z) of sub-section (2) of section 87, read with sub-section (2) of section 69A of the Information Technology Act 2000 (21 of 2000), the Central Government hereby makes the following rules, namely:

Short title and commencement — (1) These rules may be called the Information Technology (Procedure and Safeguards for Blocking for Access and Information by Public) Rules, 2009.
(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions. — In these rules, unless the context otherwise requires. —
(a) "Act" means the Information Technology Act, 2000 (21 of 2000);
(b) "computer resource" means computer resource as defined in clause (k) of sub-section (1) of section 2 of the Act;
(c) "Designated Officer" means an officer designated as Designated Officer under rule 3;
(d) "Form" means a form appended to these rules;
(e) "intermediary" means an intermediary as defined in clause (w) of sub-section (1) of section 2 of the Act;
(f) "nodal officer" means the nodal officer designated as such under rule 4;
(g) "organisation" means
(i) Ministries or Departments of the Government of India;
(ii) State Governments and Union Territories;
(iii) Any agency of the Central Government, as may be notified in the Official Gazette, by the Central Government
(h) "request" means the request for blocking of access by the public any information generated, transmitted, received, stored or hosted in any computer resource;
(i) "Review Committee" means the Review Committee constituted under rule 419A of Indian Telegraph Rules, 1951.
Designated Officer — The Central Government shall designate by notification in Official Gazette, an officer of the Central Government not below the rank of a Joint Secretary, as the "Designated Officer", for the purpose of issuing direction for blocking for access by the public any information generated, transmitted. received,, stored or hosted in any computer resource under sub-section (2) of section 69A of the Act.
Nodal officer or organisation.— Every organisation for the purpose of these rules, shall designate one of its officer as the Nodal Officer and shall intimate the same to the Central Government in the Department of Information Technology under the Ministry of Communications and Information Technotogy, Government of India and also publish the name of the said Nodal Officer on their website.
Direction by Designated Officer. — The Designated Officer may, on receipt of any request from the Nodal Officer of an organisation or a competent court, by order direct any Agency of the Government or intermediary to block for access by the public any information or part thereof generated, transmitted, received, stored or hosted in any computer resource for any of the reasons specified in sub-section (1) of section 69A of the Act.
Forwarding of requests by organisation. — (1) Any person may send their complaint to the Nodal Officer of the concerned organisation for blocking of access by the public any information generated, transmitted, received, stored or hosted in any computer resource:
Provided that any request other than the one from the Nodal Officer of the organisation shall be sent with the approval of the Chief Secretary of the concerned State or Union territory to the Designated Officer.
Provided further that in case a Union territory has no Chief Secretary, then, such request may be approved by the Adviser to the Administrator of that Union territory.
(2) The organisation shall examine the complaint received under sub-rule (1) to satisfy themselves about the need for taking of action in relation to the reasons enumerated in sub-section (1) of section 69A of the Act and after being satisfied, it shall send the request through its Nodal Officer to the Designated Officer in the format specified in the Form appended to these rules.
(3) The Designated Officer shall not entertain any complaint or request for blocking of information directly from any person.
(4) The request shall be in writing on the letter head of the respective organisation, complete in all respects and may be sent either by mail or by fax or by e-mail signed with electronic signature of the Nodal Officer.
Provided that in case the request is sent by fax or by e-mail which is not signed with electronic signature, the Nodal Officer shall provide a signed copy of the request so as to reach the Designated Officer within a period of three days of receipt of the request by such fax or e-mail.
(5) On receipt, each request shall be assigned a number along with the date and time of its receipt by the Designated Officer and he shall acknowledge the receipt thereof to the Nodal Officer within a period of twenty four hours of its receipt.
Committee for examinatlon of request.— The request along with the printed sample content of the alleged offending information or part thereof shall be examined by a committee consisting of the Designated Officer as its chairperson and representatives, not below the rank of Joint Secretary in Ministries of Law and Justice, Home Affairs. Information and Broadcasting and the Indian Computer Emergency Response Team appointed under sub-section (1) of section 70B of the Act.
Examination of request.— (1) On receipt of request under rule 6, the Designated Officer shall make all reasonable efforts to identify the person or intermediary who has hosted the information or part thereof as well as the computer resource on which such information or part thereof is being hosted and where he is able to identify such person or intermediary and the computer resource hosting the informalion or part thereof which have been requested to be blocked for public access, he shall issue a notice by way of letters or fax or e-mail signed with electronic signatures to such person or intermediary in control of such computer resource to appear and submit their reply and clarifications, if any, before the committee referred to in rule 7, at a specified date and time, which shall not be less than forty-eight hours from the time of receipt of such notice by such person or intermediary.
(2) In case of non-appearance of such person or intermediary, who has been served with the notice under sub-rule (I), before the committee on such specified date and time, the committee shall give specific recommendation in writing with respect to the request received from the Nodal Officer, based on the information available with the committee.
(3) In case, such a person or intermediary, who has been served with the notice under sub-rule (1), is a foreign entity or body corporate as identified by the Designated Officer, notice shall be sent by way of letters or fax or e-mail signed with electronic signatures to such foreign entity or body corporate and any such foreign entity or body corporate shall respond to such a notice within the time specified therein, failing which the committee shall give specific recommendation in writing with respect to the request received from the Nodal Officer, based on the information available with the committee.
(4) The committee referred to in rule 7 shall examine the request and printed sample information and consider whether the request is covered within the scope of sub-section (1) of section 69A of the Act and that it is justifiable to block such information or part thereof and shall give specific recommendation in writing with respect to the request received from the Nodal Officer.
(5) The designated Officer shall submit the recommendation of the committee, in respect of the request for blocking of information along with the details sent by the Nodal Officer to the Secretary in the Department of Information Technology under the Ministry of Communications and Information Technology, Government of India (hereinafter referred to as the "Secretary, Department of Information Technology").
(6) The Designated Officer, on approval of the request by the Secretary, Department of Information Technology, shall direct any agency of the Government or the intermediary to block the offending information generaled, transmitted, received, stored or hosted in their computer resource for public access within time limit specified in the direction:
Provided that in case the request of the Nodal Officer is not approved by the Secretary, Department of Information Technology, the Designated Officer shall convey the same to such Nodal Officer.
Blocking of Information in cases of emergency.— (1) Notwithstanding anything contained in rules 7 and 8, the Designated Officer, in any case of emergency nature, for which no delay is acceptable, shall examine the request and printed sample information and consider whether the request is within the scope of sub-section (1) of section 69A of the Act and it is necessary or expedient and justifiable to block such information or part thereof and submit the request with specific recommendations in writing to Secretary, Department of Information Technology.
(2) In a case of emergency nature, tne Secretary. Department of Information Technology may, if he is satisfied that it is necessary or expedent and justifiable for blocking for public access of any information or part thereof through any computer resource and after recording reasons in writing as an interim measure issue such directions as he may consider necessary to such identified or identifiable persons or intermediary in control of such computer resource hosting such information or part thereof without giving him an opportunity of hearing.
(3) The Designated Officer, at ihe earliest but not later than forty-eight hours of issue of direction under sub-rule 2, shall bring the request before the committee referred to in rule 7 for its consideration and recommendation.
(4) On receipt of recommendations of committee, Secretary, Department of Information Technology, shall pass the final order as regard to approval of such request and in case the request for blocking is not approved by the Secretary. Department of Information Technology in his final order, the interim direction issued under sub-rule (2) shall be revoked and the person or intermediary in control of such information shall be accordingly directed to unblock the information for public access.
Process of order of court for blocking of Information — In case of an order from a competent court in India for blocking of any information or part thereof generated, transmitted, received, stored or hosted in a computer resource, the Designated Officer shall, immediately on receipt of certified copy of the court order, submit it to the Secretary, Department of Information Technology and initiate action as directed by the court.
Expeditious disposal of request - The request received from the Nodal Officer shall be decided expeditiously which in no case shall be more than seven working days from the date of receipt of the request.
Action for non-compliance of direction by Intermediary — In case the intermediary fails to comply with the direction issued to him under rule 9, the Designated Officer shall, with the prior approval of the Secretary, Department of Information Technology, initiate appropriate action as may be required to comply with the provisions of sub-section (3) of section 69A of the Act.
Intermediary to designate one person to receive and handle directions — (1) Every intermediary shall designate at least one person to receive and handle the directions for blocking of access by the public any information generated, transmitted, received, stored or hosted in any computer resource under these rules.
(2) The designated person of the intermediary shall acknowledge receipt of the directions to the Designated Officer within two hours on receipt of the direction through acknowledgement letter or fax or e-mail signed with electronic signature.
Meeting of Review Commlttee — The Review Committee shall meet at least once in two months and record its findings whether the directions issued under these rules are in accordance with the provisions of sub-seclion (1) of section 69A of the Act and if is of the opinion that the directions are not in accordance with the provisions referred above, it may set aside the directions and issue order for unblocking of said information generated, transmitted, received, stored or hosted in a computer resource for public access.
Maintenance of records by Designated Officer — The Designated Officer shall maintain complete record of the request received and action taken thereof, in electronic database and also in register of the cases of blocking for public access of the information generated, transmitted, received, stored or hosted in a computer resource.
Requests and complaints to be confidential — Strict confidentiality shall be maintained regarding all the requests and complaints received and actions taken thereof.

FORM
(See rule 6(2))

A. Complaint

Name of the complainant: --_________________________________________________________________
(Person who has sent the complaint to the Ministry/Department/State Govt./Nodal Officer)
Address: ________________________________________________________________________________
________________________________________________________________________________
City: ______________________________ Pin Code: __________________
Telephone: ________________________ (prefix STD code)
Fax (if any): _______________________
Mobile (if any): ______________________
Email (if any): __________________________________

B. Details of website/computer resource/intermediary/offending information hosted on the website
(Please give details wherever known)
URL / web address: ____________________________________
IP Address: _______________________________________
Hyperlink: ________________________________________
Server/Proxy Server address: ________________________________________
Name of the Intermediary: _________________________________________
URL of the Intermediary: __________________________________________
(Please attach screenshot/printout of the offending information)
Address or location of intermediary in case the intermediary is telecom service provider, network service provider, internet service provider, web-hosting service provider and cyber cafe or other form of intermediary for which information under points (7), (8), (9), (10), (11) and (12) are not available.
___________________________________________________________
___________________________________________________________
___________________________________________________________
C. Details of Request for blocking
Recommendations/Comments of the Ministry/State Govt: ________________________
________________________________________________________________________
________________________________________________________________________
The level at which the comments/recommendation have been approved
(Please specify designation) ________________________________________________
Have the complaint been examined in Ministry / State Government: Y/N
If yes, under which of the following reasons it falls (please tick):
(i) Interest of sovereignty or integrity of India
(ii) Defence of India
(iii) Security of the State
(iv) Friendly relations with foreign states
(v) Public order
(vi) For preventing incitement to the commission of any cognisable offence relating to above
D. Details of the Nodal Officer, forwarding the complaint along with recommendation of the Ministry/State Govt. and related enclosures
Name of the Nodal Officer: ___________________________________________
Designation: ______________________________________________________
Organisation: _____________________________________________________
Address: ________________________________________________ _________

__________________________________________________________

City: __________________________ Pin Code: _________________
Telephone: ___________________________ (prefix STD code)
Fax (if any) _____________________
Mobile (if any) ______________________
Email (if any): ___________________________
E: Any other information:
F: Enclosures:

1.

2.

3.

Date Place Signature

[No. 9(16)J2004-EC]
N. RAVI SHANKER, Jt. Secy

3855GI/09-5

For more details visit https://cis-india.org/internet-governance/resources/reply-to-rti-application-on-blocking-of-website-and-rule-419a-of-indian-telegraph-rules-1951

India’s ballot battle will also run through Facebook

praskrishna — 2014-03-05T11:49:29Z

Facebook on Tuesday launched its widely awaited “election tracker” for the upcoming general elections, a move that signals the growing importance of social media as a political tool in a rapidly urbanizing India.

The article by Zia Haq was published in the Hindustan Times on March 4, 2014. Sunil Abraham is quoted.

India’s 2014 ballot battle will run through the social-media world, which could likely influence electoral outcomes by swinging 3-4% votes, as more and more young Indians go online to make sense of politics, according to two new surveys.

In these mostly urbanising seats, social-media usage is now “sufficiently widespread” to influence politics, according to the Internet and Mobile Association of India (IAMAI). An offline study conducted by market research firm TNS and Google India suggested similar shifts.

The Facebook tracker (http://on.fb.me/1g6ZJ3k) will help India’s 93 million Facebook users to see which parties and candidates as well as issues are trending.

Social-media platforms are likely to be influential in 160 of India’s 543 Parliament constituencies, making Facebook and Twitter users the nation’s newest voting bloc, according to the IAMAI survey.

These are constituencies where 10% of the voting population uses social media sites such as Facebook, or where the number of social media users is higher than the winning candidate’s margin of victory at the last election.

Research shows that social media is more persuasive than television ads. Nearly 100 million Indians, or more than Germany’s population, use the Internet each day. Of this, 40 million have assured broadband, the ones most likely to have at least one social media account.

“Unlike Obama who used social media directly for votes, Indian politicians have tended to use it more to mould public discourse,” says Sunil Abraham, the CEO of The Centre for Internet and Society.

“I think these trends are over-hyped and the impact, if any, would only be marginal,” said Communist Party of India MP, Gurudas Dasgupta, who created a Facebook account only last month.

For more details visit https://cis-india.org/news/hindustan-times-zia-haq-march-4-2014-india-s-ballot-battle-will-also-run-through-facebook

Students lead the way with apps for ideas

praskrishna — 2014-05-28T09:24:30Z

At 1am, the lights are still on in 15-year-old Pratik's room at his house on 80 Feet Road, Indiranagar. The NPS-Koramangala student is busy typing code on his laptop for his latest app called Resolve.

The article published in the Times of India on May 21, 2014 quotes Nishant Shah.

Pratik epitomizes Gen X. Coding and decoding, these school children, barely into their teens, are developing apps drawing attention worldwide.

"I learnt coding by myself with the help of the internet. The world wants things simplified and that's why apps are a hit. The first app I made was a calculator because my dad was unhappy with the one on his phone. My work was initially rejected, but I knew that would happen. But I continued working. When I went to a Microsoft conference, they told me youngsters have ideas to change the world and we have the time," said Pratik.

He was felicitated with a Nokia Lumia 1520 at the Windows Azure Conference 2014 for his work in developing apps for Windows and Windows Phone store.

Rahul Yedida, a Class 12 student at the National Centre for Excellence, has around 18,000 downloads for the app he and his friend created. "I wasn't too happy with the amount of Maths homework. I started wondering whether an app could do it. At the same time, I had learnt a new language and wanted to test my skills. That's how I started working on it," said Rahul.

"Programming is fun. Seeing a computer work the way you want it to gives you special joy," said Vaisakh M, Rahul's co-developer. They sent a letter to Bill Gates about the app and got a reply lauding their achievement.

Quote hanger
* During my free time, I read about programming which helps me when I write programs. My friends in the colony join me when I watch videos about it. They do programs in other languages. I play games and used to wonder how they're made. My dad promised to get me a laptop if I start programming and that's how it started.

Thrisha Mohan| 12, Vidyashilp Academy, now working on a jewellery app

* Apps are the cool things to do now. With the kind of access possible thanks to smart phones, they have gone to the masses. I wouldn't be surprised at the number of apps being created. When an app is created in a college dormitory, 1,000 students in the college will download it. That's instant gratification. The ecosystem is such that with social networking sites, you become an instant hero. The question is: How many can be successful and have a long life?

S Sadagopan | director, IIIT-B

* Apps are more relevant for those growing up with interfaces which are mobile and wearable. We also need to realise there is a growing generation of people whose first point of access to the digital as well as to the connected worlds of the internet is through mobile devices. And apps are a natural way of interaction. It is a positive trend because it allows users to think of themselves not only as 'users' but as active producers of the digital world. They look beyond platforms made available by multi-national companies or private enterprises, and it allows them to build communities of interaction and learning between them. We need to make sure they are safe and not susceptible to invasive presence of others who might exploit their presence on the web.

Nishant Shah | director- research, The Centre for Internet and Society

For more details visit https://cis-india.org/news/times-of-india-may-21-2014-sruthy-susan-ullas-students-lead-the-way-with-apps-for-ideas

Centre draws red lines for Whatsapp over fake news, says must comply with Indian laws

Admin — 2018-08-27T14:24:51Z

In a meeting with WhatsApp’s CEO Chris Daniels, Union minister Ravi Shankar Prasad said India put forward several demands, including that the company must have a grievance officer in India and have proper compliance of Indian laws.

The article by Nakul Sridhar was published in the Hindustan Times on August 21, 2018.

The Union government on Tuesday told the Facebook-owned WhatsApp to comply with Indian law, set up an Indian entity, and appoint a grievance officer in India to who people can reach immediately.

The directive comes at a when the government has pulled up the company for fake news spread on the social media platform serving as a contributory factor in several incidents of mob lynching across the country.

Ravi Shankar Prasad, Minister for Electronics and Information Technology, conveyed this to the global head of WhatsApp, Chris Daniels, who is in India this week. This is the first time that the government has spelt out its key expectations from the platform.

“I told him there have been sinister developments like fake news and revenge porn, which are criminal and against Indian laws. I suggested three points: they must have a grievance officer in India; they must comply with Indian laws; and they must have a local, corporate entity in India,” Prasad said.

Daniels, he added, had agreed to the three conditions. WhatsApp did not offer an independent confirmation or respond to questions.

Prasad said he also told Daniels that WhatsApp would have to comply with Reserve Bank of India (RBI) guidelines to start its payments services in India, saying that the firm would have to store the financial data it collects from India within the country.

After at least 30 lynchings in the past one year were linked to rumours and fake news spread through the WhatsApp platform, the IT ministry sent two notices to the company last month, asking it to curb the spread of such messages. WhatsApp’s chief operating officer, Matthew Idema, had met the IT ministry secretary Ajay Sawhneytowards the end of July to discuss the issue of fake news with the ministry and explain the steps it was taking in curbing its spread.

The application made it more difficult to forward media by removing shortcuts, limited the number of people a forwarded message can be sent to at a time to five, and introduced a ‘forwarded’ label for such messages after the push from the government.

Explaining its broad approach, a top government functionary, who asked not to be named, said, “We cannot accept digital imperialism. India is an open society. We have embraced technology and innovation. But no one should think they can come and do as they like. Firms like WhatsApp must conform to our rules, laws, and address problems.”

Reiterating his demand that WhatApp must find “a technological solution” to trace the origin of rumour-mongering messages, Prasad said, “It does not need rocket science to locate a message being circulated thousands and lakhs of times on the same day, on the same issue, in the same district and same state.” He said Daniels agreed to comply.

But experts believe that delivering on these demands will be challenging. “WhatsApp, according to my understanding, does not store metadata (such as phone number sent from) for text messages that are transmitted using their application or via the web client. Unfortunately, WhatsApp does not make this explicit in their public documentation,” said Sunil Abraham, founder of the think tank, Centre for Internet and Society.

“Therefore, many governments erroneously believe that sources of specific messages can be determined by big data analysis similar to the analysis of SMS metadata from telecom operators,” he said.

Metadata includes information such as the sender and recipient, date and time. “Now it would also include whether the message is forwarded,” said Abraham.

For more details visit https://cis-india.org/internet-governance/news/hindustan-times-august-21-2018-centre-draws-red-lines-for-whatsapp-over-fake-news-says-must-comply-with-indian-laws

Brazil’s experience a red flag for WhatsApp in Indian polls, say experts

Admin — 2018-10-28T06:06:19Z

Data shows that the share of active WhatsApp users in rural India has doubled since 2017, according to a survey by the Centre for the Study of Developing Societies.

The article by Vidhi Choudhary was published in Hindustan Times on October 21, 2018. Sunil Abraham was quoted.

Instant messaging service WhatsApp will have to put more safeguards in place to avoid its misuse in the 2019 Lok Sabha elections,experts say. Some point to the experience in the recent elections in Brazil,where the Facebook-owned platform battled allegations on its use to influence the popular vote, with mass-WhatsApp messages pushing anti-leftist propaganda.

“There is no easy way to say this but the likelihood of a WhatsApp scandal in the run-up to the 2019 elections in India is imminent. I won’t be surprised if there is already something similar taking place in India. That’s because there is no way to control the message that is being shared on the platform. The only way to stop this is by revoking the end-to-end encryption which will impair the privacy WhatsApp users enjoy,” said lawyer Rahul Matthan, partner at the law firm Trilegal and author of Privacy 2.0, which traces the historic origin and current debates on privacy.

WhatsApp has over 200 million users in India, its largest market. The absence of a data protection law in India (one is in the works but is unlikely to be passed before the elections) only adds to this problem, although this transcends WhatsApp.

“The large scale sale of phone numbers, and subsequent bombardment of messages, without seeking consent is also a reminder that we urgently need rules to limit the use of personal data for political campaigns. Europe’s law, the GDPR (General Data Protection Regulation), for example, puts strict limits on direct marketing, including by political parties and campaigners. Yet India is approaching its own elections without any effective data protection rules in place,” said Amba Kak, public policy adviser at web browser Mozilla.

The election commission is aware of the challenge. In an interview to Hindustan Times, chief election commissioner OP Rawat said the biggest challenge for the ECI right now is posed by technology firms that have wherewithal to influence voters.

According to a survey conducted by the Digital Empowerment Foundation (DEF) and reported by the HT earlier this week, 40% of rural users of the messaging platform were part of WhatsApp groups created by members or representatives of political parties. A third of the users spend between one hour and four hours on the app daily, the survey found. “This reflects the level of campaigning and penetration of political parties. Villages are always politically sensitive and also interested in politics,” the HT report said, quoting DEF’s Osama Manzar.

The survey noted that 63% of the respondents were not on the service in 2014. The share of active WhatsApp users in rural India has doubled since 2017, according to the Centre for the Study of Developing Societies.

A possible solution is to make sure voters are consistently informed about the issue of misinformation and fake news in India, added Matthan. “WhatsApp should continue to build a concerted marketing campaign against fake news to make voters aware, so that they exercise restraint while sending and sharing messages received from other users. The only trouble is if the message is received from a trusted ally, then one is likely to believe it. That’s why there is no absolute way to ensure shadow campaigns are not circulated on WhatsApp,” he explained.

The Facebook-owned platform has said in an earlier statements that it believes this is a challenge that requires government, civil society and technology companies to work together. “Our strategy has been twofold. First, to give people the controls and information they need to stay safe; and second, to work proactively to prevent misuse on WhatsApp,” WhatsApp said in the statement in July.

In July, WhatsApp launched a label to identify forwarded messages in a bid to combat fake news and the spread of misinformation globally, including India. It later set a limit to the use of forwarded messages to five chats in India. After that WhatsApp took out full-page advertisements in Indian newspapers offering “easy tips” to distinguish between fact and fiction as it battles rising pressure to curb the spread of misinformation in India after the lynching of at least 30 people in the country since May, with at least some being caused by rumours forwarded over phones.

Sunil Abraham, director at the think tank Centre for Internet and Society said WhatsApp could employ a network of fact checkers and explore “in application education”.

Local authorities in various parts of the country have resorted to Internet shutdowns to counter incidents of violence triggered by rumours on WhatsApp. Law firm Software Freedom Law Center (SFLC), based in New Delhi, has tracked down 116 Internet shutdowns across India in 2018 alone. In 2017, India reported 79 shutdowns; in 2016, the number was 31 and in 2012 it was just three. The rise from three shutdowns in 2012 to more than 100 this year marks a 3,766% surge. “State and central government and local authorities might consider this a solution. But a shutdown is completely against freedom of speech and that’s our view,” said an SFLC spokesperson. WhatsApp users in rural India do not blindly trust messages they receive on the messaging service, according to the DEF survey.

For more details visit https://cis-india.org/internet-governance/news/hindustan-times-vidhi-choudhary-october-21-2018-brazil-s-experience-a-red-flag-for-whatsapp-in-indian-polls-say-experts

Untangling the web of India's 'ungovernable' Net

praskrishna — 2013-04-16T06:06:20Z

India sells itself as a tech hub, outsourcing IT experts to the world. At home, it dreams of "equity on the Net." But millions remain unconnected and digital surveillance is on the rise.

This was published in Deutsche Welle on April 15, 2013. Sunil Abraham is quoted.

The Indian government has a dream. It dreams of the "Equinet" - a time when "there shall be equity on the Net."

"The Internet must not just be a platform for the privileged - the Internet must become an inclusive platform," India's communications minister Kapil Sibal says. "In fact, my vision is that the Internet should ultimately become the Equinet. In other words, all those, no matter which station in life they belong to, should have access to the Internet, and that can only happen if all the elements of the Internet are such that people can access them at affordable costs."

India has the third highest number of people on the Net, with about 150 million people connected.

But with a population of 1.2 billion, 150 million is not that many. Internet penetration languishes at around 10 percent, while in the United States and China - the top two countries in world rankings - Internet penetration is at 78 and 40 percent, respectively.

Like in America… in 1994

It's a fact that Google chairman Eric Schmidt highlighted on a recent tour of India, among other Asian countries.

"The Internet feels [in India] like in America in 1994," he says. "It is crucial for India to invest and enable fast fiber Internet connectivity within the country, between the country and the other countries."


While touring Asia, Schmidt said India seemed to have "rested on its laurels" after early success in the IT sector

You would think that connectivity would be better in India. The country prides itself on being a tech hub, with its centers of excellence in places like Bangalore. It has outsourced information technology specialists globally for over ten years.

Communications minister Sibal insists the government is investing where it can, saying India will connect 250,000 villages with fiber optics in the "next year or so."

"The networks should be in place, the fiber optics should be in place, [connectivity] should be efficient and of high speed, and above all, the access to handsets, which is really the key - unless handsets are affordable and accessible to ordinary people, you will not get the kind of penetration that you want from the Internet," he adds.

However, for some, there are even greater challenges for India than poor connectivity and bad infrastructure.

All eyes on you

In mid-March, police in India's financial capital Mumbai launched the country's first "Social Media Lab."

Mumbai police say they will use it to monitor and track "which topics are trending among the youth so [they] can plan law and order in a good way."

The Mumbai Social Media Lab comes amid concerns over "moral policing" of the Net by Indian authorities, and censorship - especially where comments involve political figures. The Times of India reports numerous requests by authorities to have content removed by Google and Twitter. There have also been arrests under the remit of a controversial section - 66A - of India's IT Act.

Sibal denies India wants to censor the Net. If people have been arrested under Section 66A of the IT Act, it's because police officials have either misread the law, or acted independently, he says.

"Yes, but I would say, from where does this emanate? Does it emanate with a complete understanding at the top?" asks V.C. Vivekanandan, director of the Institute of Global Internet Governance and Advocacy.


Indian communications minister Kapil Sibal says "Internet governance is an oxymoron"

"There are various, multiple layers of governance in a huge country like India, where people could be enthusiastic in their own way about thinking what is right and wrong," says Vivekanandan. "So, I don't really see censorship as such, but they would like to have discourse in a model which was pre-Internet."

Tracking private lives

But in other areas, India is showing itself to be very comfortable in the Internet age - and where it has its eyes fixed on the future.

"From what I can tell, the social media monitoring cell in Mumbai is perhaps one of the more benign components because it isn't keeping track of private communications," says Sunil Abraham, executive director of the Centre for Internet and Society (CIS) in Bangalore.

However, the Indian government plans to track everybody's online activities - that means anything that uses the Internet as a communication network.

"There are very many other projects like the unique identification (UID) and the National Intelligence Grid (NATGRID) that will keep track of private communications," says Abraham.

The UID is the Indian government's centralized biometric identity management system, which will connect more than 20 databases that 12 intelligence and law enforcement agencies will be able to access.

"These databases include banking records, telecommunications records and travel records [among other things]," says Abraham. "So, it's a very large scale attempt by the Indian government to place citizens under 360 degree blanket surveillance."

Internet governance is an oxymoron

But how these moves square with Sibal's vision of the Equinet is hard to see.


This Delhi laywer, Mohit Sharma, is one of only 11 percent of Indians who are connected to the Internet

The communications minister believes Indians will not be dissuaded from using the Net.

"The fact that 150 million people are on the Net is evidence of the fact that they are not scared, and if you go to Twitter today, there are more abuses on Twitter than perhaps you can find anywhere else in the world," says Sibal.

That doesn't necessarily mean that the government thinks this is a good thing. But Sibal insists he is against Internet governance - in fact, he says "Internet governance is an oxymoron."

"How can you govern something that cannot be governed? Because anybody can say anything on the Net," says Sibal. "So, there should be an element of self-regulation. Just as we interact with each other in civilized society, similarly people on the Net should also interact with each other with self-restraint."

But the CIS's Sunil Abraham isn't convinced.

"If one listens very carefully to what the minister says, he says you cannot regulate the Internet. But you can regulate what citizens do on the Internet," he says. "You can regulate what corporations do on the Internet. And you can also regulate what the government does on the Internet."

For more details visit https://cis-india.org/news/d-w-april-15-2013-untangling-the-web-of-indias-ungovernable-net

Facebook's Fall from Grace: Arab Spring to Indian Winter

sunil — 2016-02-11T15:51:34Z

Facebook’s Free Basics has been permanently banned in India! The Indian telecom regulator, TRAI has issued the world’s most stringent net neutrality regulation! To be more accurate, there is more to come from TRAI in terms of net neutrality regulations especially for throttling and blocking but if the discriminatory tariff regulation is anything to go by we can expect quite a tough regulatory stance against other net neutrality violations as well.

The article was published in First Post on February 9, 2016. It can be read here.

Even the regulations it cites in the Explanatory Memorandum don’t go as far as it does. The Dutch regulation will have to be reformulated in light of the new EU regulations and the Chilean regulator has opened the discussion on an additional non-profit exception by allowing Wikipedia to zero-rate its content in partnership with telecom operators.

Bravo to Nikhil Pahwa, Apar Gupta, Raman Chima, Kiran Jonnalagadda and the thousands of volunteers at Save The Internet and associated NGOs, movements, entrepreneurs and activists who mobilized millions of Indians to stand up and petition TRAI to preserve some of the foundational underpinnings of the Internet. And finally bravo to Facebook for having completely undermined any claim to responsible stewardship of our information society through their relentless, shrill and manipulative campaign filled with the staggeringly preposterous lies. Having completely lost the trust of the Indian public and policy-makers, Facebook only has itself to blame for polarizing what was quite a nuanced debate in India through its hyperbole and setting the stage for this firm action by TRAI.

And most importantly bravo to RS Sharma and his team at TRAI for several reasons for the notification of “Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016” aka differential pricing regulations. The regulation exemplifies six regulatory best practices that I briefly explore below.

Transparency and Agility: Two months from start to finish, what an amazing turn around! TRAI was faced with unprecedented public outcry and also comments and counter-comments. Despite visible and invisible pressures, from the initial temporary ban on Free Basics to RS Sharma’s calm, collected and clear interactions with different stakeholders resulted in him regaining the credibility which was lost during the publication of the earlier consultation paper on Regulatory Framework for Over-the-top (OTTs) services. Despite being completely snowed over electronically by what Rohin Dharmakumar dubbed as Facebook’s DDOS attack, he gave Facebook one last opportunity to do the right thing which they of course spectacularly blew.

Brevity and Clarity: The regulation fits onto three A4-sized pages and is a joy to read. Clarity is often a result of brevity but is not necessarily always the case. At the core of this regulation is a single sentence which prohibits discriminatory tariffs on the basis of content unless it is a “data service over closed electronic communications network”. And unlike many other laws and regulations, this regulation has only one exemption for offering or charging of discriminatory tariffs and that is for “emergency services” or during “grave public emergency”. Even the best lawyers will find it difficult to drive trucks through that one. Even if imaginative engineers architect a technical circumvention, TRAI says “if such a closed network is used for the purpose of evading these regulations, the prohibition will nonetheless apply”. Again clear signal that the spirit is more important than the letter of the regulation when it comes to enforcement.

Certainty and Equity: Referencing the noted scholar Barbara Van Schewick, TRAI explains that a case-by-case approach based on principles [standards] or rules would “fail to provide much needed certainty to industry participants…..service providers may refrain from deploying network technology” and perversely “lead to further uncertainty as service providers undergoing [the] investigation would logically try to differentiate their case from earlier precedents”. Our submission from the Centre for Internet and Society had called for more exemptions but TRAI went with a much cleaner solution as it did not want to provide “a relative advantage to well-financed actors and will tilt the playing field against those who do not have the resources to pursue regulatory or legal actions”.

What next? Hopefully the telecom operators and Facebook will have the grace to abide with the regulation without launching a legal challenge. And hopefully TRAI will issue equally clear regulations on throttling and blocking to conclude the “Regulatory Framework for Over-the-top Services” consultation process. Critically, TRAI must forbear from introducing any additional regulatory burdens on OTTs, a.k.a Internet companies based on unfounded allegations of regulatory arbitrage. There are some legitimate concerns around issues like taxation and liability but that has to be addressed by other arms of the government. To address the digital divide, there are other issues outside net neutrality such as shared spectrum, unlicensed spectrum and shared backhaul infrastructure that TRAI must also prioritize for regulation and deregulation.

Without doubt other regulators from the global south will be inspired by India’s example and will hopefully take firm steps to prevent the rise of additional and unnecessary gatekeepers and gatekeeping practices on the Internet. The democratic potential of the Internet must be preserved through enlightened and appropriate regulation informed by principles and evidence.

The writer is Executive Director, Centre for Internet and Society, Bengaluru. He says CIS receives about $200,000 a year from WMF, the organisation behind Wikipedia, a site featured in Free Basics and zero-rated by many access providers across the world).

For more details visit https://cis-india.org/internet-governance/blog/first-post-february-9-2016-sunil-abraham-facebook-fall-from-grace-arab-spring-to-indian-winter

Linking Facebook use to free top-up data

praskrishna — 2016-02-14T12:33:17Z

Just before the Trai notification, the Ambani brothers signed a spectrum sharing pact and they have been sharing optic fibre since 2013.

The article was published in the Deccan Chronicle on February 14, 2016. Pranesh Prakash gave inputs.

Some people argue that Trai should have stayed off the issue since the Competition Commission of India (CCI) is sufficient to tackle Net Neutrality harms. However it is unclear if predatory pricing by Reliance, which has only nine per cent market share, will cross the competition law threshold for market dominance? Interestingly, just before the Trai notification, the Ambani brothers signed a spectrum sharing pact and they have been sharing optic fibre since 2013.

Will a content sharing pact follow these carriage pacts? As media diversity researcher, Alam Srinivas, notes: “If their plans succeed, their media empires will span across genres such as print, broadcasting, radio and digital. They will own the distribution chains such as cable, direct-to-home (DTH), optic fibre (terrestrial and undersea), telecom towers and multiplexes.”

What does this convergence vision of the Ambani brothers mean for media diversity in India? In the absence of net neutrality regulation could they use their dominance in broadcast media to reduce choice on the Internet? Could they use a non-neutral provisioning of the Internet to increase their dominance in broadcast media? When a single wire or the very same radio spectrum delivers radio, TV, games and Internet to your home — what under competition law will be considered a substitutable product? What would be the relevant market?

At the Centre for Internet and Society (CIS), we argue that competition law principles with lower threshold should be applied to networked infrastructure through infrastructure specific non-discrimination regulations like the one that Trai just notified to protect digital media diversity.

Was an absolute prohibition the best response for Trai? With only two possible exemptions — i.e. closed communication network and emergencies — the regulation is very clear and brief. However, as our colleague Pranesh Prakash has said, Trai has over-regulated and used a sledgehammer where a scalpel would have sufficed. In CIS’ official submission, we had recommended a series of tests in order to determine whether a particular type of zero rating should be allowed or forbidden. That test may be legally sophisticated; but as Trai argues it is clear and simple rules that result in regulatory equity. A possible alternative to a complicated multi-part legal test is the leaky walled garden proposal. Remember, it is only in the case of very dangerous technologies where the harms are large scale and irreversible and an absolute prohibition based on the precautionary principle is merited.

However, as far as network neutrality harms go, it may be sufficient to insist that for every MB that is consumed within Free Basics, Reliance be mandated to provide a data top up of 3MB.

This would have three advantages. One, it would be easy to articulate in a brief regulation and therefore reduce the possibility of litigation. Two, it is easy for the consumer who is harmed to monitor the mitigation measure and last, based on empirical data, the regulator could increase or decrease the proportion of the mitigation measure.

This is an example of what Prof Christopher T. Marsden calls positive, forward-looking network neutrality regulation. Positive in the sense that instead of prohibitions and punitive measures, the emphasis is on obligations and forward-looking in the sense that no new technology and business model should be prohibited.

For more details visit https://cis-india.org/internet-governance/news/deccan-chronicle-february-14-2016-linking-facebook-use-to-free-top-up-data

Zuckerberg's Plan Spurned as India Backs Full Net Neutrality

praskrishna — 2016-02-15T02:18:54Z

Facebook Inc.’s plans for expansion in India have suffered a major setback.

The article by Adi Narayan and Bhuma Srivastava was published in Bloomberg on February 8, 2016. Pranesh Prakash was quoted.

Telecom regulator bans differential Internet data plans
Facebook had lobbied India to approve its Free Basics plan

After the company spent months lobbying the country to accept its Free Basics service -- a way of delivering a limited Internet that included Facebook, plus some other tools, for no cost -- India’s telecom regulator ruled against any plans from cellular operators that charge different rates to different parts of the Web.

Telecom operators can’t offer discriminatory tariffs for data services based on content, and aren’t allowed to enter into agreements with Internet companies to subsidize access to some websites, the Telecom Regulatory Authority of India said in a statement Monday. Companies violating the rules will be fined, it said.

“This is the most extensive and stringent regulation on differential pricing anywhere in the world,” Pranesh Prakash, policy director at the Centre for Internet and Society, said via phone. “Those who suggested regulation in place of complete ban have clearly lost.”

With this decision, India joins countries such as the U.S., Brazil and the Netherlands in passing laws that restrict telecom operators from discriminating Internet traffic based on content. It is a big blow to Facebook’s Internet sampler plan known as Free Basics, which is currently offered in about three dozen countries including Kenya and Zambia, none of which come close to the scale or reach that could’ve been achieved in India.

With 130 million Facebook users, 375 million people online, and an additional 800 million-plus who aren’t, India is the biggest growth market for the social network, which remains blocked in China.

Facebook said in a statement that it’s “disappointed with the outcome.”

Chief Executive Officer Mark Zuckerberg said the decision won’t cause Facebook to give up on connecting people to the Internet in India, “because more than a billion people in India don’t have access to the Internet.” The company will continue to focus on its other initiatives, like extending networks using satellites, drones and lasers.

Freebies Curtailed

The rule will put an end to prepaid plans that offered free access to services such as Google searches, the WhatsApp messaging application and Facebook. These packages were popular with low-income users by giving them an incentive to get online, said Rajan Mathews, director general of the lobby group Cellular Operators Association of India.

“These types of plans were being used by operators to meet the policy goals of connecting one billion people,” Matthews said. “With these gone, the government needs to tell us what alternatives are there.”

The regulator’s decision comes after months of public lobbying by Facebook for India to approve Free Basics, which allows customers to access the social network and other services such as education, health care, and employment listings from their phones without a data plan.

Free Basics was criticized by activists who said it threatened net neutrality, the principle that all Internet websites should be equally accessible, and could change pricing in India for access to different websites.

The regulator, which had sought stakeholders’ views, said it was seeking to ensure data tariffs remain content agnostic. Operators will have six months to wind down existing differential pricing services.

Google Unaffected

“Anything on the Internet can’t be priced based on content, applications, source and destination,” R.S. Sharma, the regulator’s chairman, told reporters in New Delhi. Some Internet companies’ plans to offer free WiFi at public venues, like Google Inc.’s project with Indian Railways, are not affected by this ruling, he said.

For Free Basics, one or two carriers in a given country offer the package for free at slow speeds, betting that it will help attract new customers who’ll later upgrade to pricier data plans. In India, Facebook had tied up with Reliance Communications Ltd., though the service was suspended in December as the government solicited comments from proponents and opponents.

Since the government’s telecommunications regulator announced the suspension, Facebook bought daily full-page ads in major newspapers and plastered billboards with pictures of happy farmers and schoolchildren it says would benefit from Free Basics. Zuckerberg has frequently made the case himself via phone or newspaper op-eds, asking that Indians petition the government to approve his service.

Entrepreneurs, business people and activists took to Twitter to share their views after the decision came out on Monday.

“Great to see TRAI backing #NetNeutrality,” Kunal Bahl, founder of Snapdeal.com, one of India’s biggest e-commerce sites, said. “Let’s keep the Internet free and independent.”

For more details visit https://cis-india.org/internet-governance/news/bloomberg-adi-narayan-bhuma-srivastava-february-8-2016-zuckerberg-plan-spurned-as-india-backs-full-net-neutrality

Facebook’s Free Basics hits snag in India

praskrishna — 2016-02-15T02:33:26Z

Indian regulators have dealt a major blow to Facebook’s controversial Free Basics online access plan by forbidding so-called differential pricing by internet companies, in effect banning the programme in the country.

The article by James Crabtree with additional reporting by Tim Bradshaw was published in Financial Times on February 8, 2016. Pranesh Prakash was quoted.

Free Basics, a plan to make access to parts of the internet free, has been at the centre of a fierce row in the country between the social network and local start-ups and advocates for net neutrality — the idea that all web traffic should be treated equally and technology companies should not be allowed to price certain kinds of content differently from others.

Last December, the Telecom Regulatory Authority of India ordered Facebook to put its Free Basics programme on hold pending a review.

On Monday, Trai published the results of its deliberations, introducing a complete ban on any form of differential pricing.

The ruling is the latest in a series of regulatory battles pitting net neutrality campaigners against telecom and internet companies, and is likely to be viewed as a test case for other emerging markets in which programmes similar to Facebook’s are yet to be challenged in the courts.

It also marks the most significant setback yet for Free Basics, which Facebook founder Mark Zuckerberg launched in 2014 as the centrepiece of plans to help poorer people access the internet in emerging economies. It operates in more than 30 countries.

Facebook had launched a high-profile public campaign to defend its programme, which offered stripped-down access to sites such as BBC News or Facebook’s own app to customers of Reliance Communications, the US company’s local telecoms partner.

But critics attacked the programme as an attempt to become a gatekeeper for tens of millions of internet users.

In a post to his Facebook page on Monday, Mr Zuckerberg said the company “won’t give up on” finding new ways to boost internet access in India.

“While we’re disappointed with today’s decision, I want to personally communicate that we are committed to keep working to break down barriers to connectivity in India and around the world. Internet.org has many initiatives, and we will keep working until everyone has access to the internet,” he wrote.

Trai’s ruling was welcomed by anti-Facebook campaigners, a group that included the founders of many Indian start-ups including online retailers such as Flipkart, Paytm and restaurant search service Zomato, which had declined to offer their services as part of the Free Basics platform.

Analysts also hailed the Indian regulator’s ruling as a landmark. “This is the most broad and the most stringent set of regulations on differential pricing which exists anywhere in the world,” said Pranesh Prakash of the Bangalore-based Centre for Internet & Society, a think-tank.

India has become an increasingly important focus for the company’s global business, with the country becoming its second-largest market by users last year.

For more details visit https://cis-india.org/internet-governance/news/financial-times-february-8-2016-james-crabtree-facebooks-free-basics-hits-snag-in-india

Internet Freedom

Sunil Abraham and Vidushi Marda — 2016-02-15T02:51:10Z

The modern medium of the web is an open-sourced, democratic world in which equality is an ideal, which is why what is most important is Internet freedom.

The article by Sunil Abraham and Vidushi Marda was published by Asian Age on February 14, 2016.

What would have gone wrong if India’s telecom regulator Trai had decided to support programmes like Facebook’s Free Basics and Airtel’s Zero Rating instead of issuing the regulation that prohibits discriminatory tariffs? Here are possible scenarios to look at in case the discriminatory tarrifs were allowed as they are in some countries.

Possible impact on elections

Facebook would have continued to amass its product — eyeballs. Indian eyeballs would be more valuable than others for three reasons 1. Facebook would have an additional layer of surveillance thanks to the Free Basics proxy server which stores the time, the site url and data transferred for all the other destinations featured in the walled garden 2. As part of Digital India, most government entities will set up Facebook pages and a majority of the interaction with citizens would happen on the social media rather than the websites of government entities and, consequently, Facebook would know what is and what is not working in governance 3. Given the financial disincentive to leave the walled garden, the surveillance would be total.

What would this mean for democracies? Eight years ago, Facebook began to engineer the News Feed to show more posts of a user’s friends voting in order to influence voting behavior. It introduced the “I’m Voting” button into 61 million users’ feeds during the 2010 US presidential elections to increase voter turnout and found that this kind of social pressure caused people to vote. Facebook has also admitted to populating feeds with posts from friends with similar political views. During the 2012 Presidential elections, Facebook was able to increase voter turnout by altering 1.9 million news feeds.

Indian eyeballs may not be that lucrative in terms of advertising. But these users are extremely valuable to political parties and others interested in influencing elections. Facebook’s notifications to users when their friends signed on to the “Support Free Basics” campaign was configured so that you were informed more often than with other campaigns. In other words, Facebook is not just another player on their platform. Given that margins are often slim, would Facebook be tempted to try and install a government of its choice in India during the 2019 general elections?

In times of disasters

Most people defending Free Basics and defending forbearance as the regulatory response in 2015/16 make the argument that “95 per cent of Internet users in developing countries spend 95 per cent of their time on Facebook”.

This is not too far from the truth as LirneAsia demonstrated in 2012 with most people using Facebook in Indonesia not even knowing they were using the internet. In other words, they argue that regulators should ignore the fringe user and fringe usage and only focus on the mainstream. The cognitive bias they are appealing to is smaller numbers are less important.

Since all the sublime analogies in the Net Neutrality debate have been taken, forgive us for using the scatological. That is the same as arguing that since we spend only 5% of our day in toilets, only 5% of our home’s real estate should be devoted to them.

Everyone agrees that it is far easier to live in a house without a bedroom than a house without a toilet. Even extremely low probabilities or ‘Black Swan’ events can be terribly important! Imagine you are an Indian at the bottom of the pyramid. You cannot afford to pay for data on your phone and, as a result, you rarely and nervously stray out of the walled garden of Free Basics.

During a natural disaster you are able to use the Facebook Safety Check feature to mark yourself safe but the volunteers who are organising both offline and online rescue efforts are using a wider variety of platforms, tools and technologies.

Since you are unfamiliar with the rest of the Internet, you are ill equipped when you try to organise a rescue for you and your loved ones.

Content and carriage converge

Some people argue that TRAI should have stayed off the issue since the Competition Commission of India (CCI) is sufficient to tackle Net Neutrality harms. However it is unclear if predatory pricing by Reliance, which has only 9% market share, will cross the competition law threshold for market dominance? Interestingly, just before the Trai notification, the Ambani brothers signed a spectrum sharing pact and they have been sharing optic fibre since 2013.

Will a content sharing pact follow these carriage pacts? As media diversity researcher, Alam Srinivas, notes “If their plans succeed, their media empires will span across genres such as print, broadcasting, radio and digital. They will own the distribution chains such as cable, direct-to-home (DTH), optic fibre (terrestrial and undersea), telecom towers and multiplexes.”

What does this convergence vision of the Ambani brothers mean for media diversity in India? In the absence of net neutrality regulation could they use their dominance in broadcast media to reduce choice on the Internet? Could they use a non-neutral provisioning of the Internet to increase their dominance in broadcast media? When a single wire or the very same radio spectrum delivers radio, TV, games and Internet to your home — what under competition law will be considered a substitutable product? What would be the relevant market? At the Centre for Internet and Society (CI S), we argue that competition law principles with lower threshold should be applied to networked infrastructure through infrastructure specific non-discrimination regulations like the one that Trai just notified to protect digital media diversity.

Was an absolute prohibition the best response for TRAI? With only two possible exemptions — i.e. closed communication network and emergencies - the regulation is very clear and brief. However, as our colleague Pranesh Prakash has said, TRAI has over regulated and used a sledgehammer where a scalpel would have sufficed. In CIS’ official submission, we had recommended a series of tests in order to determine whether a particular type of zero rating should be allowed or forbidden. That test may be legally sophisticated; but as TRAI argues it is clear and simple rules that result in regulatory equity. A possible alternative to a complicated multi-part legal test is the leaky walled garden proposal. Remember, it is only in the case of very dangerous technologies where the harms are large scale and irreversible and an absolute prohibition based on the precautionary principle is merited.

However, as far as network neutrality harms go, it may be sufficient to insist that for every MB that is consumed within Free Basics, Reliance be mandated to provide a data top up of 3MB.

This would have three advantages. One, it would be easy to articulate in a brief regulation and therefore reduce the possibility of litigation. Two, it is easy for the consumer who is harmed to monitor the mitigation measure and last, based on empirical data, the regulator could increase or decrease the proportion of the mitigation measure.

This is an example of what Prof Christopher T. Marsden calls positive, forward-looking network neutrality regulation. Positive in the sense that instead of prohibitions and punitive measures, the emphasis is on obligations and forward-looking in the sense that no new technology and business model should be prohibited.

What is Net neutrality?

According to this principle, all service providers and governments should not discriminate between various data on the internet and consider all as one. They cannot give preference to one set of apps/ websites while restricting others.

2006: TRAI invites opinions regarding the regulation of net neutrality from various telecom industry bodies and stakeholdersFeb. 2012: Sunil Bharti Mittal, CEO of Bharti Airtel, suggests services like YouTube should pay an interconnect charge to network operators, saying that if telecom operators are building highways for data then there should be a tax on the highway
July 2012: Bharti Airtel’s Jagbir Singh suggests large Internet companies like Facebook and Google should share revenues with telecom companies.
August 2012: Data from M-Lab said You Broadband, Airtel, BSNL were throttling traffic of P2P services like BitTorrent
Feb. 2013: Killi Kiruparani, Minister for state for communications and technology says government will look into legality of VoIP services like Skype
June 2013: Airtel starts offering select Google services to cellular broadband users for free, fixing a ceiling of 1GB on the data
Feb. 2014: Airtel operations CEO Gopal Vittal says companies offering free messaging apps like Skype and WhatsApp should be regulated
August 2014: TRAI rejects proposal from telecom companies to make messaging application firms share part of their revenue with the carriers/government
Nov. 2014: Trai begins investigation on Airtel implementing preferential access with special packs for WhatsApp and Facebook at rates lower than standard data rates
Dec. 2014: Airtel launches 2G, 3G data packs with VoIP data excluded in the pack, later launches VoIP pack.
Feb. 2015: Facebook launches Internet.org with Reliance communications, aiming to provide free access to 38 websites through single app
March 2015: Trai publishes consultation paper on regulatory framework for over the top services, explaining what net neutrality in India will mean and its impact, invited public feedback
April 2015: Airtel launches Airtel Zero, a scheme where apps sign up with airtle to get their content displayed free across the network. Flipkart, which was in talks for the scheme, had to pull out after users started giving it poor rating after hearing about the news
April 2015: Ravi Shankar Prasad, Communication and information technology minister announces formation of a committee to study net neutrality issues in the country
23 April 2015: Many organisations under Free Software Movement of India protested in various parts of the country. In a counter measure, Cellular Operators Association of India launches campaign , saying its aim is to connect the unconnected citizens, demanding VoIP apps be treated as cellular operators
27 April 2015: Trai releases names and email addresses of users who responded to the consultation paper in millions. Anonymous India group, take down Trai’s website in retaliation, which the government could not confirm
Sept. 2015: Facebook rebrands Internet.org as Free Basics, launches in the country with massive ads across major newspapers in the country. Faces huge backlash from public
Feb. 2016: Trai rules in favour of net neutrality, barring telecom operators from charging different rates for data services.

The writers work at the Centre for Internet and Society, Bengaluru. CIS receives about $200,000 a year from WMF, the organisation behind Wikipedia, a site featured in Free Basics and zero-rated by many access providers across the world

For more details visit https://cis-india.org/internet-governance/blog/asian-age-february-14-2016-sunil-abraham-vidushi-marda-internet-freedom

Internet users fume as govt blocks 32 sites

praskrishna — 2015-01-02T13:46:25Z

The Department of Telecommunications (DoT) has ordered Internet service providers to block 32 websites, in cluding popular video-sharing plat forms such as Dailymotion and Vimeo, reportedly over concerns that they are being misused by Islamic State jihadists.

The article by Jaison Lewis was published in Mumbai Mirror on January 1, 2015. Pranesh Prakash gave his inputs.

The ban has angered free-speech proponents who allege that the Narendra Modi government is using national security as a pretext to censor online content. On Wednesday, tweets criticising the restrictions were trending on #GOIBlocks. Senior lawyer Karuna Nandy said that she would challenge the DoT order in the Supreme Court.

Apart from Dailymotion and Vimeo, Internet service providers have also been ordered to block Github and Pastebin, which are popular among programmers; Weebly, a free website creator; and Archive.org, a non-profit digital library.

Some Internet users, however, were able to access some of the sites. This could be because their Internet service providers have not yet implemented the DoT order or because the government has lifted restrictions on some web addresses, according to activists monitoring the blockage of the websites.

The order was issued under Section 69A (procedure for blocking public access) of the Information Technology Act, 2000. The section allows authorities to block websites without giving any formal reason or making any public announcement.

However, Arvind Gupta, BJP's national head for information and technology, tweeted that the sites had been blocked over security concerns. "The Web sites have been blocked based on an advisory by Anti-Terrorism Squad, and were carrying Anti India content from ISIS.The sites that have removed objectionable content andor cooperated with the ongoing investigations, are being unblocked," he wrote.

Gupta, however, did not explain how the sites were being misused by terrorists. Some of the sites are mostly frequented by programmers looking for open-source software and codes.

Nandy, a Supreme Court lawyer who specialises in human rights litigations, criticised the ban. "I will challenge the order in the Su preme Court this week. I will seek directions to lift the secrecy surrounding such bans and also request for a right to appeal," she said.

She added that censoring the Internet was against the idea of free expression guaranteed under the Constitution. "Such steps are not good for a healthy society," she said.

Pranesh Prakash, a policy director with the Centre for Internet and Society and one of the most vocal opponents of the blockage, said that the people had the right to know why the websites had been blocked.

"We still don't know why these blocks were issued: was it an overzealous copyright lawyer who found an indulgent judge to issue an overbroad and baseless order? Or was it a public servant who wrongly directed the Department of Electronics and IT to block the sites under the IT Act? We have no idea," said Prakash, who tweeted a picture of the DoT order on Wednesday.

He added that websites were frequently blocked without clear evidence of wrongdoing. "These laws must be changed," Prakash said.

Internet users also voiced their anger over the DoT order. "This only proves ATS is an idiot. If terrorists use buses, phones & Whatspp, you'll block whole system? #GOIBlocks," Poonam Sharma tweeted.

Some users retweeted a Modi post from August 2012: "As a common man, I join the protest against crackdown on freedom of speech!"

For more details visit https://cis-india.org/internet-governance/news/mumbai-mirror-jaison-lewis-jan-1-2015-internet-users-fume-as-govt-blocks-32-sites