Centre for Internet and Society

Grounds for Compulsory Patent Licensing in United States, Canada, China, and India

maggie — 2014-07-29T08:45:25Z

The research paper seeks to answer questions about the grounds of compulsory licensing in international treaties with specific examples from America and Asia. The grounds for granting compulsory licenses, jurisdictional comparison of compulsory licensing, etc., are examined.

Holding ownership to a patented invention means one has certain exclusive rights: a) the right to decide who may use the invention during the time of protection; b) the right to give licenses to other parties to use the invention on mutually agreed terms; and, c) the right to sell and transfer ownership of the patent to someone else[1]. Once this patent expires, the invention would enter the public domain to be shared freely[2].

However, given certain conditions, a compulsory license can be granted, in which “authorization [is] given by national authority to a person without or against the consent of the titleholder, for the exploitation of a subject matter protected by a patent or other intellectual property rights” [3].

Compulsory licensing has been most contentiously applied for patented pharmaceutical companies who are often looking to recoup research and development costs. Proponents of this instrument are now also growing amongst advocates for climate change mitigation technologies [4]. The Pervasive Technologies: Access to Knowledge in the Marketplace project is broadly assessing access to knowledge through sub-100 dollar devices. The accessibility of these critical technologies, and subsequent access to knowledge, information, and culture through these devices may be implicated by this policy lever[5]

Thus, this paper seeks to answer the following questions:

What are the grounds for compulsory licensing set in international treaties?
How does Canada, United States (i.e. North America), India, and China (i.e. Asia) provide for compulsory licensing within its national laws?

This will be done through first providing an overview of the relevant international treaties to understand the compulsory licensing framework which signatory nations must follow. Then, utilizing Correa (1999)'s study as a foundation, an analysis of the text within the four aforementioned's codified laws will be assessed to understand all the possible grounds compulsory licensing can be provided. This paper will conclude by summarizing any significant distinctions across the four jurisdictions.

Compulsory Patent Licensing in International Law and Regional Trade Agreements
Paris Convention for the Protection of Industrial Property (1883) [6]
Article 5(2) of the Paris Convention provides each country with the right to "grant compulsory licenses to prevent abuses which might result form the exercise of exclusive rights conferred by the patent… " United States, Canada, China, and India are four of the 175 contracting parties to this convention [7]. This can only be done after 4 years of applying for the patent, or 3 years from the date in which the patent was granted. This means, a sufficient amount of time must have elapsed to allow the rights holder to exploit the invention.

North American Free Trade Agreement (1994)[8]
Article 1704 in NAFTA provides that "appropriate measures" can be taken to control abusive or anticompetitive practices. The United States and Canada have utilized this ground of anti-competition to grant numerous compulsory licenses.

Article 1709 notes that there must not be a discrimination of technology – patents may only be revoked when the grant has not remedied lack of exploitation, and that the use of the patent adheres to certain criteria.

In 1993, Canada repealed the compulsory licensing regulations from its Patent Law to comply with the international TRIPS and NAFTA treaties.

Trade Related Aspects of Intellectual Property Rights (1994) [9]
All members of the World Trade Organization is provided the right to use compulsory licenses via Article 31 Other Use Without Authorization of the Right Holder within the Trade Related Aspects of Intellectual Property Rights (TRIPs) agreement. This Article stipulates 12 procedural provisions: compulsory licensing should be granted on 'individual merits'[10], must have shown prior effort to obtain authorization under reasonable commercial terms [11], must be non-exclusive[12], adequate renumeration must be provided[13], and the license must be terminated as soon as the circumstances for which it was granted cease to exist[14].

Suggested, but not obligatory grounds for which compulsory licensing could be granted under the TRIPs agreement are a) emergency and extreme urgency, b) anticompetitive practices, c) public non-commercial use, and the d) use of dependent patents[15].

Doha Declaration on the TRIPS Agreement and Public Health (2001)
The Doha Declaration is a clarification of the earlier TRIPS agreement in response to some countries' public health concerns due to obstacles to accessing patented medicines.[16]

Paragraph 4 of the Doha Declaration expressly allows Members to take measures to protect public health, while paragraph 5b states that "each Member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted". Freedom of each country to define the terms of their intellectual property rights is also further reiterated.

Grounds for granting compulsory licenses
Correa (1999) in his paper Intellectual Property Rights and the Use of Compulsory License: Options for Developing Countries outlines eight common grounds which provided the framework for this comparative analysis between the jurisdictions of the United States, Canada, India, and China. Through analyzing the codified law on compulsory licensing, a few other grounds were added to the list.

Refusal to deal
In principle, the patent owner has an exclusive right to determine whether or not to issue a license to a third party. However, if under reasonable terms, one still refuses to issue a license, national courts may interpret this as an abuse of patent rights, resulting in lack of availability of the product and commercial development. In the United States, this is often raised as an anticompetitive issue.

Non-working and inadequate supply
The "working obligation" was initially understood as the industrial use of an invention, which according to Article 31 of the TRIPs Agreement required working 'predominantly' for local markets. However, many countries have defined 'working' to include commercial use of the invention, in which importation of a product would suffice[17].

Public interest
The public interest needs to be balanced with individuals' rights, and it is the responsibility of the courts or administration in each respective country to determine this. Thus, what actually constitutes as "public interest" varies depending on time and jurisdiction. For example, countries with limited industrial development could consider a compulsory patent to develop its national industries as for public interest [18]. Accessibility of a product at the lowest price have been argued to be in public interest, but some courts have ruled this to be invalid[19]

Anticompetitive practices
A patent is essentially a temporary monopoly meant to provide an economic reward for the inventor's work, as well as additional incentive to continue producing[20]. However, excessive monopolization through unlawful or unfair practices, such as when a patent is overly broad, acquiring and accumulating patent portfolios, and subsequent patent trolling are some acts that be considered anticompetitive patent practices[21]. Compulsory licenses have also been granted through this ground under anti-monopoly, antitrust, and competition laws.

Governmental use
Each country's government decides what is to be considered as governmental use. Occasionally synonymous to government use has also been public, non-commercial use, or as suggested by the TRIPs agreement, for the purposes of national emergency or urgency. This is assuming the government is acting on behalf of public interest; given its lack of an international standardized definition, this ground can be utilized and interpreted in other ways.

Facilitate use of dependent patents
When a new invention (dependent invention) cannot be developed without infringing on the license of an existing patented invention, (principle invention) a compulsory licensing can be granted to facilitate innovation. This ensures the patents of principle inventions would not block technical progress. The TRIPs agreement expressly allows this, provided reasonable compensation is articulated. In some jurisdictions, cross-licensing, (which involves a licensing agreement between two parties to exploit each other's intellectual property[22]) can be negotiated to resolve this issue.

Compulsory licenses for medicines
Numerous countries have issued licenses for increased accessibility to food and medicine. Prior to the Doha Round, TRIPs prohibited this, as Article 27 states "national laws cannot discriminate in exercise of patent rights on the basis of field of technology". However, the Doha Declaration addressed this, allowing pharmaceuticals to have increased accessibility (via pricing, production, and importation) for the sake of public health.

Exclusive Grant Back or Coercive Package Licensing
A grant back can be agreed upon when there is an expectation of an improvement on the licensed technology through increased superiority or method [23]. This allows the licensee to commercialize an improved product without having to file for another patent[24]. Exclusive grant back provides the licensor the exclusive right to use or sublicense improvements, while licensee retains non-exclusive right to practice the improvements.[25] Grant-backs, particularly exclusive ones are sometimes deemed as anticompetitive.

A package license, otherwise known as patent pools is used when the licensing of more than one patent is necessary to commercialize an invention [26] Coercive package licensing can occur when the licensing of other patents within the package is forceful and unnecessary. The defining and interpretation of 'coercion' ultimately depends on each country's respective authorities.

Hindrance from Importation of Abroad[27]
This ground may fall under non-working, but is unique in that it notes a state's ability to grant compulsory license on behalf of a foreign-owned patent. Yang (2012) cites that this as one of the most controversial aspects of compulsory patent licensing, as countries may feel undermined when another state can grant compulsory licenses that are against their own interests[28].

Jurisdictional comparison of Compulsory Licensing
The following table was developed as an exercise to review compulsory licensing within the jurisdictions of the United States, Canada, India, and China. Utilizing Correa (1999)'s findings as a skeletal framework, the four aforementioned countries' codified patent laws were used to determine the grounds for compulsory licensing. The main compairson was done through analyzing the specific text within the laws of the four jurisdiction – one approach to treaty and law interpretation[29] However, for those countries that were lacking general provisions on compulsory licensing (i.e. United States, and eventually Canada in 1993[30]), there was a need to expand to a more comprehensive approach and look through other codified laws beyond patents and intellectual property, as well as through case law to see if the mentioned grounds have been used to provide for compulsory licenses[31].

Grounds		Countries	Law
Refusal to deal and/or abuses of patentees' exclusive rights		U.S	n/a in codified law…refusal to deal is an essential element of intellectual property rights…but can lead to anti-competition in which Antitrust laws can be used
		Canada	Patent Law - Abuse of Rights 65.2(d): "if by reason of refusal of patentee to grant* a license or licenses on reasonable terms…*
		India	Patent Act 1970 S.4(d) *"Refusal to deal"* includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought Patent Act, 1970 S. 84.7(a) " If by reason of refusal…ii) demand for the patented article has not been met to an adequate extent or on reasonable terms; or iii) a market for the patented article manufactured in India is not being supplied or developed; or iv) the establishment or development of commercial activities in India is not prejudiced Patent Act 1970 S.84 (6) " …Controller shall take into account, - i) nature of invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; iv) ..whether applicant has made efforts to obtain a license from the patentee on reasonable terms conditions, and such efforts have not been successful within a reasonable period *period not ordinarily exceeding a period of six months* as the Controller may deem fit
		China	Patent Law of the People's Republic of China - Article 48 (1): " When it has been 3 years since the date the patent right is granted, and four years since the date the patent application is submitted, the patentee, without legitimate reasons, fails to have the patent exploited or fully exploited"
Non-working and inadequate supply		U.S.	n/a
		Canada	Patent Act 1935: s.65 a): "… is capable of being worked within Canada but is not being worked within Canada on a commercial scale, and no satisfactory reason can be given for that non-working…" REPEALED in 1993 due to NAFTA and TRIPS
		India	Patents Act, 1970 S. 84 (1): " At any time after expiration of 3 years from the date of the grant of a patent, any person interested may make an application… b)…not available to the public at a reasonably affordable price, or c) that the patented invention is not available to the public at a reasonably affordable price Patent Act 1970 S.84(2): "…reasonable requirements of the public.. not satisfied or that the patented invention is not worked in the territory of India, Patent Act, 1970 S. 84.7(a) "If by reason of refusal…ii) demand for the patented article has not been met to an adequate extent or on reasonable terms; or iii) a market for the patented article manufactured in India is not being supplied or developed; or iv) the establishment or development of commercial activities in India is not prejudiced Patent Act, 1970 S. 84.7(d): " If the patented invention is not being worked in the territory of India on a commercial scale to an adequate extent, or is not being so worked to the fullest extent that is reasonably practicable
		China	Measures for Compulsory licensing of Patent Implementation (2012) - Ch 2 Art. 5: "If without good reason not implemented or fully implemented, their licensing patent within 3 years from the date of grant of patent right..and 4 years from the date of filing patent"
Public interest:		U.S.	"...no general provision allowing authorities to override patents in the larger public interest” [32] Bayh-Dole Act of 1980 - allow government to exercise "march in" rights with regard to government funded research results that universities might otherwise patent But US has granted compulsory licenses when felt public interest was at stake (Atomic Energy Act and Clean Air Act 1970, Federal Non-Nuclear Energy Research and Development Act 1973)
Canada	Patent Law - Abuse of Rights 65.2(d): "if by reason of refusal of patentee to grant a license or licenses on reasonable terms… in public interest that license/licenses should be granted" Patent Act S. 39. (3) License under patent relating to food: " In the case of any patent…of food…shall grant to any person applying…Commissioner shall have regard to the desirability of making the food available to the public at the lowest possible price consistent with giving to the inventor due reward for the research leading to the invention" REPEALED in 1993 due to NAFTA and TRIPS
India	Patent Act 1970, S. 84 (2)…not available to the public at a reasonably affordable price Patent Act 1970 S. 84 (6) " …Controller shall take into account, ii) the ability of the applicant to work the invention to the public advantage Patent Act, 1970 - S. 92 Special provision for compulsory licenses on notifications by Central Government-(1): " If Central Government is satisfied… circumstances of national emergency or in circumstances of extreme urgency, or in case of public non commercial use...
China	Patent Law - Article 49: " Where a national emergency or any extraordinary state of affairs occurs, or public interests so require…" Measures for Compulsory Licensing of Patent Implementation - Article 6: If emergency or irregular event of the state…or for purposes of public interest
Anti-competitive practices		U.S.	Antitrust & Trade Law: Sherman Act 15 U.S. C.S. 2 - Monopolizing trade a felony; penalty: " Every person who shall monopolize, or attempt to monopolize…any part of trade or commerce among several States, or with foreign nations…deemed guilty of a felony, and conviction.."
		Canada	Competition Act (S. 32 RSC 1985): " …where use has been made of exclusive rights and privileges conferred by one or more patents for invention…(a) limit unduly the facilities for transporting, producing, manufacturing, supplying…may be a subject of trade or commerce, (b) restrain or injure, unduly, trade or commerce…(c) prevent, limit, or lessen, unduly, the manufacture or production…or unreasonably enhance the price thereof, or (d) prevent or lessen, unduly, competition in…
India	India Patent Law Chapter 90 (1.ix) Terms and Conditions of compulsory licenses… granted to remedy a practice determined after judicial or administrative process to be anticompetitive…
China	Measures for Compulsory Licensing of Patent Implementation, 2012 - Article 11: " …that actions of patent holder in exercising patent right…deemed to be monopolistic actions" Patent Law of the People's Republic of China - Article 48 (2): " …patentee's exercise of the patent right is in accordance with law, confirmed as monopoly and its negative impact on competition needs to be eliminated or reduced"
Governmental use		United States	28 United States Code 1498: " …when used or manufactured by or for the United States without license of the owner…remedy shall be..Claims for recovery of his reasonable and entire compensation for such use and manufacture…" ie. Government does not have to seek license or negotiate for use, and the only appeal for patent owner is compensation
		Canada	Under the 1993 and 1994 amendments to the Patent Act of 1985, section 19.1: "the Commissioner may, on application by the Government of Canada or the government of a province, authorize the use of a patented invention by that government ."
		India	Patent Act, 1970 - S. 100 Power of Central Government to use inventions for purposes of Government (1): "…at any time…the Central Government and any person authorized in writing… may use the invention for the purposes of Government in accordance with provisions of this chapter" Patent Act, 1970 S. 100 Power of Central Government to use inventions for purposes of Government (2): " Where an invention has, before priority date of relevant claim, been duly recorded in a document, or tested or tried, by or on behalf of the Government or Government undertaking… any use of the invention by the Central Government or any person authorized in writing by it for the purposes of Government may be made free of any royalty or other renumeration to the patentee " Patent Act, 1970 S. 100 Power of Central Government to use inventions for purposes of Government (6): " The right to make, use, exercise, and vend an invention for the purposes of Government under sub-section (1) shall include the right to sell on noncommercial basis, and person c laiming through..as if Central Government or authorized were the patentee of the invention
China	Patent Law of PRC Art. 14: "If an invention patent of a State-owned enterprise or institution is of great significance to national or public interests, upon approval by State Council.. Patent Law PRC Article 49: " Where a national emergency or any extraordinary state of affairs occurs…patent administration department under the State council may grant a compulsory license for exploitation of an inanition patent or utility model patent" Patent Law PRC Article 14: “ If an invention patent of a State-owned enterprise or institution is o f great significance to national or public interests, upon approval by the State Council, the relevant competent department under the State Council ...may decide to have the patent widely applied within an approved scope and allow the designated units to exploit the patent, and the said units shall pay royalties to the patentee in accordance with the regulations of the State.
Facilitate use of dependent patents		United States	N/A - U.S. Does has not formally codified a general provision for Compulsory licensing of Dependent Patents [33]
		Canada	N/A
		India	Patent Act 1970 - Section 88 Power of Controller in Granting Compulsory licenses (3): …if Controller satisfied that the applicant cannot efficiently or satisfactorily work the license granted to him under those patents without infringing the other patents held by the patentee, and if those patents involve important technical advancement of considerable economic significance …may direct grant of a license…
		China	Patent Law - Ch 6 Art 51: " If an invention/utility model…represents major technological advancement of remarkable economic significance, compared with an earlier invention or utility model for which the patent right has already been obtained, and exploitation of former relies on exploitation of latter…may grant it a compulsory license to exploit..."
Compulsory licenses for medicines		United States	N/A but has threatened Bayer for compulsory licensing of Ciproflaxin medicine who subsequently dropped their prices drastically [34]
		Canada	Bill C-9 Amendment to Food and Drugs Act, 2004: "…pharmaceutical products intended for export in accordance with that WTO General Council decision…to comply with…sold on domestic market" Patent Act (4) License under patent relating to medicine - " ..intended or capable of being used for the preparation of production of medicine…Commissioner shall grant.. REPEALED in 1993 due to NAFTA and TRIPS
India	Patent Act 1970 Section 92.A Compulsory license for export of patent pharmaceutical products in certain exceptional circumstances: " …shall be available for manufacture and export of patented pharmaceutical products [35] to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems…" Patent Act, 1970 Section 83.(d): "General principles applicable to working of patented inventions… do not impede protection of public health and nutrition…
China	Patent Law of PRC: Article 50: " For the benefit of public health…grant compulsory license for manufacture of the drug, for which a patent right has been obtained, and for its export to the countries or regions that conform to the provisions…" Measures for Compulsory Licensing of Patent Implementation, 2012 - Ch 2 Art 7: " For purposes of public health…able to implement petition for compulsory licensing…for manufacture of patented medicines..and export of, to following countries/regions: 1) The most underdeveloped countries/regions; 2) Developed/developing members of the WTO
Exclusive grant-back and Coercive package licensing		U.S.	Legal in the past – granted in Transparent Wrap Machine Corp v Stokes & Smith Co. but discouraged... interpreted by Rule of Reason doctrine which is an interpretation of Sherman Antitrust (Anti-competition) Act[36] Now Department Of Justice from 2007 has said must be non-exclusive under its Antitrust laws [37]
		Canada	N/A
		India	Patent Act, 1970 Section 84 (7.c): …Reasonable requirements of the public shall be deemed not to have been satisfied [38] - c) if the patentee imposes a condition upon the grant of license under the patent to provide exclusive grant back, prevention to challenges to validity of patent, or coercive package licensing
		China	N/A
Hindered by importation from abroad		U.S.	N/A
		Canada	N/A
		India	Patent Act, 1970 Section 84 (7.e): " if the working of the patented invention in the territory of India on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by…i) patentee..ii) persons purchasing…iii) other persons not taking proceedings for infringement
China	N/A

Summary of Cross-Jurisdictional Comparison
As mentioned previously, this comparison necessitated an expansion into codified law outside of compulsory licensing and patent law into case law, since the United States had never written a general provision for compulsory licensing, and Canada had repealed theirs in 1993 upon the signing of the NAFTA and TRIPS agreement. For Canada, compulsory licenses (CLs) continued to be granted following the repeal through the Foods and Drugs Act, as well as the Competition Act. Despite United States' lack of general provisions, Knowledge Ecology International claims it is the world's leader in the use of CLs, yet hypocritical to developing countries' requests for affordable patented pharmaceuticals.[39]

In general, India and China both have very extensive compulsory licensing laws. China's State Intellectual Property Office even developed additional Measures to account for the execution of compulsory licensing. Despite comprehensive CL provisions, India has had only one compulsory license ever granted in the case of Natco Pharma Ltd v. Bayer Corporation, for the domestic production of cancer-drug Nexavar. [40] China has yet to grant any compulsory license, but the new Measures may signify an increasing willingness to do so, or even to be used as a bargaining tool. However, given its goal of developing domestic intellectual property (i.e. China's 5-year plan), it is unlikely that China will grant compulsory licenses in the masses.[41]

In regards to the specific grounds themselves, some grounds noted particular differences per country.

Under U.S. Intellectual Property Law, refusal to deal is actually is considered a right, thus does not provide for compulsory licensing; depending on the degree however, it could lead to anti-competition[42]. According to the Paris Convention, one can only request consideration for a CLs 3 years from the granting of a patent, or 4 years from application, allowing said time for provision of dealing. However, India seems to have a more stringent period of not exceeding a period of six months, while China noted specifically not 'without legitimate reasons'.

The non-working and inadequate supply was again not present in U.S. Law, yet Canada did include it in its former compulsory licensing provision prior to repeal. Canada had defined 'working' specifically referring to a commercial scale when compulsory licensing was in effect. India's 'working' means being available at a reasonably affordable price, and supplied or developed, through the establishment of commercial activities, worked to the fullest extent that is fully practicable, while China mentioned non-working 'if without good reason, it is not implemented or fully implemented'.

The United States does not have any provision providing explicitly for public interest. However, under the Bayh-Dole Act, government-funding for research during the economic crisis in the 1970s was granted as long as the inventors agreed to allow petition for 'march-in rights', in which the government or a third party “shall have the right...to require the contractor...to grant a nonexclusive, partially exclusive, or exclusive license” (35 U.S. Code S203(a)) if it meets one of four requirements - one being to “...alleviate health and safety needs which are not reasonably satisfied...” (35 U.S. Code Section 203). Canada's public interest clause had existed, but was repealed. India now states that CLs can be granted to make available to the public “at a reasonably affordable price, to public advantage, and for public non-commercial use”. In China, public interest is provided in conditions of 'national emergency or extraordinary state of affairs, for the purpose of public interest'.

The United States does however strongly uphold and value competition, and have granted CLs to remedy anticompetitive practices under its Antitrust laws, prohibiting any 'attempt to monopolize any part of trade or commerce'. China also uses the language of 'monopolistic actions' and allows compulsory licensing if its “negative impact on competition needs to be eliminated or reduced.” Canada's Competition Act allows for compulsory licensing if one 'limits unduly, the facilities for transporting, producing, manufacturing... restrain or injure unduly, trade or commercial etc..' .preventing fair competition. India also notes the remedying of anticompetitive acts in its patent laws.

Governmental use in the United States have been granted for use by the Department of Defense and as mentioned previously for the Bayh-Dole Act. However, unlike the other countries of focus, there is no way to appeal a CL for the purposes of government-use. The only way to remedy this as a patent owner is compensation. In Canada, the Commissioner may on application by the Government of Canada or province authorize a CL. Indian patent law also allows CLs for the purposes of the Government, with the explicit possibility of being made free of any royalty or renumeration. It also expressly notes within S103 that one can petition to the Government if this occurs. The Chinese Patent Law notes governmental use through the language of 'great significance to national or public interests', and 'national emergency or extraordinary state of affairs. The possibility of appeal is also expressly noted in Article 58.

Neither United States or Canada have formally codified any mention of compulsory licensing for the use of dependent patents, though it does exist in the TRIPs agreement they both comply to. In India patent law, CLs is granted through this ground “only if it involves important technical advancement of considerable economic significance, and... only if it cannot be accomplished without infringing other patents.” In China, the law states that if an “invention/utility model represents major technological advancement...compared with earlier invention or utility model...and the exploitation of former relies on exploitation of the latter...”, a compulsory license may be granted.

Compulsory licensing for medicine in the United States again have never been codified, but have been used to encourage Bayer to reduce their prices under the possibility of being issued compulsory liceninsg. Home to many of the pharmaceutical industries who own patents to medicines, the United States has been called hypocritical due to its common lack of providing affordable pharmaceuticals. Canada allows for CLs under the Food and Drugs Act which points to the World Trade Organization guidelines. Prior to the repeal of its compulsory licensing act, Canada also had specific provisions relating to medicines, and was actually the first country to authorize the compulsory licensing of an AIDS drug for Rwanda for export.[43] In India, the only compulsory license that has ever been granted was for cancer drug Nexavar. In its compulsory licensing provision, it states that CLs are “available for manufacture and export of patented pharmaceutical products...to any country having insufficient or no manufacturing” abilities. Similar to the TRIPs agreement, it also states that none of the principles should impede the protection of public health and nutrition. China's patent laws state that CLs can be used for the benefit of public health. The Measures for Implementation specifies more specifically which countries and regions are allowed, which includes WTO members, or the 'underdeveloped' nations.

Only in the Indian Patent Law does it explicitly allow for CL in the event of exclusive grant backs due to anti-competition and/or not being reasonable to the public. On the contrary, the United States actually had allowed exclusive grant back in the Transparent Wrap Machine Corp v Stokes & Smith Co. case[44]. However, the FTC now strongly recommends against it as it is considered anticompetitive when a grant-back is exclusive[45]. Canada and China does not seem to have this condition in their laws.

Similarly, only in the Indian patent law does coercive package licensing provide for compulsory licensing. This clause may have implications on standard-essential patent pools when attempting to determine which patents are indeed 'essential', and if they comply with fair, reasonable, and non discriminatory regulations[46].

Indian Patent Law also expressly allows for compulsory licensing on the ground that a product is hindered by importation from abroad. It must be proven the lack of accessibility is soley due to the process of it being imported, perhaps affected by natural disasters, socioeconomic reasons, political instability, sanctions, or more – ultimately affecting the cost and availability of this product. [47]

Conclusion and Further Reflections on Compulsory Licensing
Ultimately, there seems to be no correlation between the detail and scope of compulsory licensing (and other codified) law, and the number of compulsory licenses granted. However, it must be noted that the Eastern countries of focus in this review have had much less time developing its intellectual property landscape. In addition, the comprehensiveness of India and China's patent laws also reflect the incorporation of valuable lessons learned from poor implementation of other countries.

The prevalence of broadly defined patents, patent trolling, and the increasing need to navigate patent thickets all act as barriers to innovation and production to a commercial scale in which these technologies can actually be disseminated. The Pervasive Technologies project looks ultimately at bridging the digital divide through providing access to low-cost technology, and subsequently access to information, culture, and knowledge.

Compulsory licenses can be used to decrease the cost burden of production, and reduce barriers to innovation, ultimately providing greater accessibility to these tools for all of society. The Centre for Internet and Society has proposed and continues to advocate the establishment of patent pools for low-access devices through the use of compulsory licenses to achieve this goal[48].

[1] WIPO. What Is Intellectual Property. World Intellectual Property Organization, 2012. Print. 5

[2] WIPO, 6

[3] Correa, Carlos M. “Intellectual Property Rights and the.” Trade Related Agenda Development and Equity (1999): 3

[4] Contreras, Jorge L., and Charles R. McManis. “Compulsory Licensing of Intellectual Property: A Viable Policy Lever for Promoting Access to Critical Technologies?” TRIPS and Developing Countries – Towards a New World Order? (Gustavo Ghidini, Rudolph J.R. Peritz & Marco Ricolfi, eds., 2014 (Edward Elgar)) (2014): 112 Print.

[5] Abraham, Sunil. Letter for Establishment of Patent Pool for Low-Cost Access Devices through Compulsory Licenses. 27 June 2013. Accessed: http://cis-india.org/a2k/blog/letter-for-establishment-of-patent-pool-for-low-cost-access-devices

[6] The Paris Convention is an intellectual property treaty covering industrial property: patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indicators.

WIPO. “Summary of the Paris Convention for the Protection of Industrial Property (1883).” World Intellectual Property Organization. Website. http://www.wipo.int/treaties/en/ip/paris/summary_paris.html

[7] WIPO. “WIPO-Administered Treaties: Contracting Parties.” World Intellectual Property Organization. Website. http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=2

[8] The North American Free Trade Agreement (NAFTA) is the largest free trade agreement in the world, with members Canada, United States, and Mexico.
USTR. “North American Free Trade Agreement (NAFTA).” Office of the United States Representative. Website. http://www.ustr.gov/trade-agreements/free-trade-agreements/north-american-free-trade-agreement-nafta

[9] The Trade Related Aspects of Intellectual Property RIghts (TRIPS) agreement is a treaty which provides basic intellectual property provisions for international law, and stipulates that members shall be free to determine methods of implementing the provisions, in addition to enact more specific measures provided it coincides with the rest of the agreement.
World Trade Organization. “Agreement on Trade Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods.”WTO Legal Texts - A Summary of the Final Act of the Uruguay Round. Website. http://www.wto.org/english/docs_e/legal_e/ursum_e.htm#nAgreement

[10] TRIPS - Article 31.a)

[11] TRIPS - Article 31.b)

[12] TRIPS - Article 31.b)

[13] TRIPS – Article 31.h)

[14] TRIPS – Article 31.c)

[15] TRIPS – Article 31

[16] fWHO. “The Doha Declaration on the TRIPs Agreement and Public Health.” World Health Organization. http://www.who.int/medicines/areas/policy/doha_declaration/en/

[17] Correa, 11-12.

[18] Fauver, Cole M. “Compulsory Patent Licensing in the United States: An Idea Whose Time Has Come.” Northwestern Journal of International Law and Business 8.3 (1988): 666–685. Print. p671

[19] Correa, 13

[20] Ferrell, John. Patent Pro Se: The Entrepreneur’s Guide to Provisional Patent Applications. BayWater Publishing, 2010. Print.

[21] Milchenko, Oleg. “Contemporary Anti-Competetive Practices of Patents Usage.” Journal of International Commercial Law and Technology 8.3 (2013): 1-13. Print.

[22] Shapiro, Carl. “Navigating the Patent Thicket: Cross Licneses, Patent Pools, and Standard Setting.” Innovation Policy and the Economy 1 (2001): 119–150. Print.

[23] McGurk, Thomas B. “The Grant-Back Clause in Your Technology License.” Biodiesel Magazine 17 Jan. 2013.

[24] Origin IP Academy. “Exclusive Grant Back License.” Origiin IP Academy 15 Nov. 2009. Blog. Accessed: http://origiinipae.blogspot.in/2009/11/exclusive-grant-back-license.html

[25] Dykeman, David J. “When Licensing out Patents, Make Sure Improvements Are Granted Back.” Boston Business Journal 8 Mar. 2006. Blog retrieved from: http://www.bizjournals.com/boston/blog/mass-high-tech/2006/03/when-licensing-out-patents-make-sure.html?page=all

[26] Origiin IP Academy. “Coercive Package Licensing.” Origiin IP Academy 11 Nov. 2009. Accessed: http://origiinipae.blogspot.in/2009/11/coercive-package-licensing.html

[27] Reddy, Prashant. “‘Working’ a Patent under the Indian Patent Act, 970 - Does Importation of a Patented Invention Count?” Spicy IP - Decoding Indian Intellectual Property Law. 22 Apr. 2010. Retrieved: http://spicyip.com/2010/04/working-patent-under-indian-patent-act.html

[28] Yang, Deli. “Compulsory Licesning: For Better or for Worse, the Done Deal Lies in the Balance.” Journal of Intellectual Property Rights 17 (2012): 76–81; p80 Print. Global IP Debates

[29] Shaw, Malcom N. International Law 7th Edition. 5th ed. Cambridge University Press, 2003. Print.

[30] Canada had repealed its section on Compulsory Licensing in order to comply with the TRIPS and NAFTA agreements

[31] A more comprehensive approach could be to assess broadly ALL the compulsory licensing cases rather than just a select few ….particularly for United States and Canada...

[32] http://www.aals.org/documents/2006intprop/JeromeReichmanOutline.pdf

[33] Reichman, Jerome. “Compulsory Licensing of Patented Inventions: Comparing United States Law and Practice with Options under the TRIPS Agreement.” Vancouver, Canada: Duke University School of Law, 2006.

[34] Reichman, Jerome H. “Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options.” The Journal of Law, Medicine, and Ethics 37.2 (2009): 247–263. Print.

[35] Pharmaceutical products' means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use"

[36] Dratler, Jay. Licensing of Intellectual Property. New York: Law Journal Press, 2005: 7.89 Print.

[37] Miller, Mark E., and David S. Almeling. “DOJ, FTC Redefine Antitrust Rules on Patent Pools.” National Law Journal. 29 Oct. 2007.

[38] Therefore compulsory licensing can be granted given Controller agrees

[39] Raja, Kanaga. “US Leads the World in Use of Compulsory Licenses, Says KEI.” Third World Network. N.p., 18 Mar. 2014.

[40] Bakhru, Rachna. “India Grants First Compulsory Licence under Patents Act.” Intellectual Property Magazine June 2012: 46–47. Print.

[41] Miller Canfield. “China Allows Compulsory Licensing.” Law FIrm of Miller Canfield. Dec. 2012. Retreived: http://www.millercanfield.com/resources-321.html

[42] Genevaz, Simon. “Against Immunity for Unilateral Refusal to Deal in Intellectual Property: Why Antitrust Law Should Not Distingusih between IP and Other Property Rights.” Berkeley Technology Law Journal 19.2 (2014): 742–784. Print.

[43] World Trade Organization. “Canada Is First to Notify Compulsory License to Export Generic Drug.” WTO | 2007 News Items. N.p., 4 Oct. 2007.

[44] sSchmalbeck, Richard L. “The Validity of Grant-Back Clauses in Patent Licensing Agreements.” University of Chicago Law Review 42 (1975): 733–748.

[45] Miller & Ameling, 2007: 3

[46] Lerner, Josh, and Jean Tirole. “Standard-Essential Patents.” Working Paper 43.

[47] Reddy, 2010

[48] See Executive Director of CIS' letter to the government here: http://cis-india.org/a2k/blog/letter-for-establishment-of-patent-pool-for-low-cost-access-devices

For more details visit https://cis-india.org/a2k/blogs/grounds-for-compulsory-patent-licensing-in-us-canada-china-and-india

Spy Files 3: WikiLeaks Sheds More Light On The Global Surveillance Industry

maria — 2013-11-14T16:21:00Z

In this article, Maria Xynou looks at WikiLeaks' latest Spy Files and examines the legality of India's surveillance technologies, as well as their potential connection with India's Central Monitoring System (CMS) and implications on human rights.

Last month, WikiLeaks released “Spy Files 3”, a mass exposure of the global surveillance trade and industry. WikiLeaks first released the Spy Files in December 2011, which entail brochures, presentations, marketing videos and technical specifications on the global trade of surveillance technologies. Spy Files 3 supplements this with 294 additional documents from 92 global intelligence contractors.

So what do the latest Spy Files reveal about India?

When we think about India, the first issues that probably come to mind are poverty and corruption, while surveillance appears to be a more “Western” and elitist issue. However, while many other developing countries are excluded from WikiLeaks’ list of surveillance technology companies, India is once again on the list with some of the most controversial spyware.

ISS World Surveillance Trade Shows

The latest Spy Files include a brochure of the ISS World 2013 -the so-called “wiretapper’s ball”- which is the world’s largest surveillance trade show. This years ’ ISS World Asia will take place in Malaysia during the first week of December and law enforcement agencies from around the world will have another opportunity to view and purchase the latest surveillance tech. The leaked ISS World 2013 brochure entails a list of last years’ global attendees. According to the brochure, 53% of the attendees included law enforcement agencies and individuals from the defense, public safety and interior security sectors, 41% of the attendees were ISS vendors and technology integrators, while only 6% of the attendees were telecom operators and from the private enterprise. The brochure boasts that 4,635 individuals from 110 countries attended the ISS World trade shows last year and that the percentage of attendance is increasing.

The following table lists the Indian attendees at last years ’ ISS World:

Law Enforcement, Defense and Interior Security Attendees	Telecom Operators and Private Enterprises Attendees	ISS Vendors and Technology Integrators Attendees
Andhra Pradesh India Police	BT	AGC Networks
CBI Academy	Cogence Investment Bank	Aqsacom India
Government of India, Telecom Department	India Reliance Communications	ClearTrail Technologies
India Cabinet Secretariat	Span Telecom Pvt. Ldt.	Foundation Technologies
India Centre for Development of Telematics (C-DOT)		Kommlabs
India Chandigarh Police		Paladion Networks
India Defence Agency		Polaris Wireless
India General Police		Polixel Security Systems
India Intelligence Department		Pyramid Cyber Security
India National Institute of Criminology		Schleicher Group
India office LOKAYUKTA NCT DELHI		Span Technologies
India Police Department, A.P.		TATA India
India Tamil Nadu Police Department		Tata Consultancy Services
Indian Police Service, Vigilance		Telecommunications India
Indian Telecommunications Authority		Vehere Interactive
NTRO India
SAIC Indian Tamil Nadu Police

17 4 15

According to the above table - which is based on data from the WikiLeaks ’ ISS World 2013 brochure- the majority of Indian attendees at last years’ ISS World were from the law enforcement, defense and interior security sectors. 15 Indian companies exhibited and sold their surveillance technologies to law enforcement agencies from around the world and it is notable that India’s popular ISP provider, Reliance Communications, attended the trade show too.

In addition to the ISS World 2013 brochure, the Spy Files 3 entail a detailed brochure of a major Indian surveillance technology company: ClearTrail Technologies.

ClearTrail Technologies

ClearTrail Technologies is an Indian company based in Indore. The document titled “Internet Monitoring Suite ” from ClearTrail Technologies boasts about the company’s mass monitoring, deep packet inspection, COMINT, SIGINT, tactical Internet monitoring, network recording and lawful interception technologies. ClearTrail’s Internet Monitoring Suite includes the following products:

1. ComTrail: Mass Monitoring of IP and Voice Networks

ComTrail is an integrated product suite for centralized interception and monitoring of voice and data networks. It is equipped with an advanced analysis engine for pro-active analysis of thousands of connections and is integrated with various tools, such as Link Analysis, Voice Recognition and Target Location.

ComTrail is deployed within a service provider network and its monitoring function correlates voice and data intercepts across diverse networks to provide a comprehensive intelligence picture. ComTrail supports the capture, record and replay of a variety of Voice and IP communications in pretty much any type of communication, including - but not limited to- Gmail, Yahoo, Hotmail, BlackBerry, ICQ and GSM voice calls.

Additionally, ComTrail intercepts data from any type of network -whether Wireless, packet data, Wire line or VoIP networks- and can decode hundreds of protocols and P2P applications, including HTTP, Instant Messengers, Web-mails, VoIP Calls and MMS.

In short, ComTrail’s key features include the following:

- Equipped to handle millions of communications per day intercepted over high speed STM & Ethernet Links

- Doubles up as Targeted Monitoring System

- On demand data retention, capacity exceeding several years

- Instant Analysis across thousands of Terabytes

- Correlates Identities across multiple networks

- Speaker Recognition and Target Location

2. xTrail: Targeted IP Monitoring

xTrail is a solution for interception, decoding and analysis of high speed data traffic over IP networks and independently monitors ISPs/GPRS and 3G networks. xTrail has been designed in such a way that it can be deployed within minutes and enables law enforcement agencies to intercept and monitor targeted communications without degrading the service quality of the IP network. This product is capable of intercepting all types of networks -including wireline, wireless, cable, VoIP and VSAT networks- and acts as a black box for “record and replay” targeted Internet communications.

Interestingly enough, xTrail can filter based on a “pure keyword”, a URL/Domain with a keyword, an IP address, a mobile number or even with just a user identity, such as an email ID, chat ID or VoIP ID. Furthermore, xTrail can be integrated with link analysis tools and can export data in a digital format which can allegedly be presented in court as evidence.

In short, xTrail’s key features include the following:

- Pure passive probe

- Designed for rapid field operations at ISP/GPRS/Wi-Max/VSAT Network Gateways

- Stand-alone solution for interception, decoding and analysis of multi Gigabit IP traffic

- Portable trolley based for simplified logistics, can easily be deployed and removed from any network location

- Huge data retention, rich analysis interface and tamper proof court evidence

- Easily integrates with any existing centralized monitoring system for extended coverage

3. QuickTrail: Tactical Wi-Fi Monitoring

Some of the biggest IP monitoring challenges that law enforcement agencies face include cases when targets operate from public Internet networks and/or use encryption.

QuickTrail is a device which is designed to gather intelligence from public Internet networks, when a target is operating from a cyber cafe, a hotel, a university campus or a free Wi-Fi zone. In particular, QuickTrail is equipped with multiple monitoring tools and techniques that can help intercept almost any wired, Wi-Fi or hybrid Internet network so that a target communication can be monitored. QuickTrail can be deployed within fractions of seconds to intercept, reconstruct, replay and analyze email, chat, VoIP and other Internet activities of a target. This device supports real time monitoring and wiretapping of Ethernet LANs.

According to ClearTrail’s brochure, QuickTrail is a “all-in-one” device which can intercept secured communications, know passwords with c-Jack attack, alert on activities of a target, support active and passive interception of Wi-Fi and wired LAN and capture, reconstruct and replay. It is noteworthy that QuickTrail can identify a target machine on the basis of an IP address, MAC ID, machine name, activity status and several other parameters. In addition, QuickTrail supports protocol decoding, including HTTP, SMTP, POP3 and HTTPS. This device also enables the remote and central management of field operations at geographically different locations.

In short, QuickTrail’s key features include the following:

- Conveniently housed in a laptop computer

- Intercepts Wi-Fi and wired LANs in five different ways

- Breaks WEP, WPA/WPA2 to rip-off secured Wi-Fi networks

- Deploys spyware into a target’s machine

- Monitor’s Gmail, Yahoo and all other HTTPS-based communications

- Reconstructs webmails, chats, VoIP calls, news groups and social networks

4. mTrail: Off-The-Air Interception

mTrail offers active and passive ‘off-the-air’ interception of GSM 900/1800/1900 Mhz phone calls and data to meet law enforcement surveillance and investigation requirements. The mTrail passive interception system works in the stealth mode so that there is no dependence on the network operator and so that the target is unaware of the interception of its communications.

The mTrail system has the capability to scale from interception of 2 channels (carrier frequencies) to 32 channels. mTrail can be deployed either in a mobile or fixed mode: in the mobile mode the system is able to fit into a briefcase, while in the fixed mode the system fits in a rack-mount industrial grade chassis.

Target location identification is supported by using signal strength, target numbers, such as IMSI, TIMSI, IMEI or MSI SDN, which makes it possible to listen to the conversation on so-called “lawfully intercepted” calls in near real-time, as well as to store all calls. Additionally, mTrail supports the interception of targeted calls from pre-defined suspect lists and the monitoring of SMS and protocol information.

In short, mTrail’s key features include the following:

- Designed for passive interception of GSM communications

- Intercepts Voice and SMS “off-the-air”

- Detects the location of the target

- Can be deployed as a fixed unit or mounted in a surveillance van

- No support required from GSM operator

5. Astra: Remote Monitoring and Infection framework

“Astra ” is a remote monitoring and infection framework which incorporates both conventional and proprietary infection methods to ensure bot delivery to the targeted devices. It also offers a varied choice in handling the behavior of bots and ensuring non-traceable payload delivery to the controller.

The conventional methods of infection include physical access to a targeted device by using exposed interfaces, such as a CD-ROM, DVD and USB ports, as well as the use of social media engineering techniques. However, Astra also supports bot deployment without requiring any physical access to the target device.

In particular, Astra can push bot to any targeted machine sharing the same LAN (wired, wi-fi or hybrid). The SEED is a generic bot which can identify a target’s location, log keystrokes, capture screen-shots, capture Mic, listen to Skype calls, capture webcams and search the target’s browsing history. Additionally, the SEED bot can also be remotely activated, deactivated or terminated, as and when required. Astra allegedly provides an un-traceable reporting mechanism that operates without using any proxies, which overrules the possibility of getting traced by the target.

Astra’s key features include the following:

- Proactive intelligence gathering

- End-to-end remote infection and monitoring framework

- Follow the target, beat encryption, listen to in-room conversations, capture keystrokes and screen shots

- Designed for centralized management of thousands of targets

- A wide range of deployment mechanisms to optimize success ration

- Non-traceable, non-detectable delivery mechanism

- Intrusive yet stealthy

- Easy interface for handling most complex tasks

- Successfully tested over the current top 10 anti-virus available in the market

- No third party dependencies

- Free from any back-door intervention

ClearTrail Technologies argue that they meet lawful interception regulatory requirements across the globe. In particular, they claim that their products are compliant with ETSI and CALEA regulations and that they are efficient to cater to region specific requirements as well.

The latest Spy Files also include data on foreign surveillance technology companies operating in India, such as Telesoft Technologies, AGT International and Verint Systems. In particular, Verint Systems has its headquarters in New York and offices all around the world, including Bangalore in India. Founded in 1994 and run by Dan Bodner, Verint Systems produces a wide range of surveillance technologies, including the following:

- Impact 360 Speech Analytics

- Impact 360 Text Analytics

- Nextiva Video Management Software (VMS)

- Nextiva Physical Security Information Management (PSIM)

- Nextiva Network Video Recorders (NVRs)

- Nextiva Video Business Intelligence (VBI)

- Nextiva Surveillance Analytics

- Nextiva IP cameras

- CYBERVISION Network Security

- ENGAGE suite

- FOCAL-INFO (FOCAL-COLLECT & FOCAL-ANALYTICS)

- RELIANT

- STAR-GATE

- VANTAGE

While Verint Systems claims to be in compliance with ETSI, CALEA and other worldwide lawful interception and standards and regulations, it remains unclear whether such products successfully help law enforcement agencies in tackling crime and terrorism, without violating individuals’ right to privacy and other human rights. After all, Verint Systems has participated in ISS World Trade shows which exhibit some of the most controversial spyware in the world, used to target individuals and for mass surveillance.

And what do the latest Spy Files mean for India?

Why is it even important to look at the latest Spy Files? Well, for starters, they reveal data about which Indian law enforcement agencies are interested in surveillance and which companies are interested in selling and/or buying the latest spy gear. And why is any of this important? I can think of three main reasons:

1. The Central Monitoring System (CMS)

2. Is any of this surveillance even legal in India?

3. Can such surveillance result in the violation of human rights?

Spy Files 3...and the Central Monitoring System (CMS)

Following the Mumbai 2008 terrorist attacks, the Telecom Enforcement, Resource and Monitoring (TREM) cells and the Centre for Development of Telematics (C-DOT) started preparing the Central Monitoring System (CMS ). As of April 2013, this project is being manned by the Intelligence Bureau, while agencies which are planned to have access to it include the Research & Analysis Wing (RAW) and the Central Bureau of Investigation (CBI). ISP and Telecom operators are required to install the gear which enables law enforcement agencies to carry out the Central Monitoring System under the Unified Access Services (UAS ) License Agreement.

The Central Monitoring System aims at centrally monitoring all telecommunications and Internet communications in India and its estimated cost is Rs . 4 billion. In addition to equipping government agencies with Direct Electronic Provisioning, filters and alerts on the target numbers, the CMS will also enable Call Data Records (CDR) analysis and data mining to identify personal information of the target numbers. The CMS supplements regional Internet Monitoring Systems , such as that of Assam, by providing a nationwide monitoring of telecommunications and Internet communications, supposedly to assist law enforcement agencies in tackling crime and terrorism.

However, data monitored and collected through the CMS will be stored in a centralised database, which could potentially increase the probability of centralized cyber attacks and thus increase, rather than reduce, threats to national security. Furthermore, some basic rules of statistics indicate that the bigger the amount of data , the bigger the probability of an error in matching profiles, which could potentially result in innocent people being charged with crimes they did not commit. And most importantly: the CMS currently lacks adequate legal oversight, which means that it remains unclear how monitored data will be used. The UAS License Agreement regarding the CMS mandates mass surveillance by requiring ISPs and Telecom operators to enable the monitoring and interception of communications. However, targeted and mass surveillance through the CMS not only raises serious questions around its legality, but also creates the potential for abuse of the right to privacy and other human rights.

Interestingly enough, Indian law enforcement agencies which attended last years ’ ISS World trade shows are linked to the Central Monitoring System. In particular, last years’ law enforcement, defense and interior security attendees include the Centre for Development of Telematics (C-DOT) and the Department of Telecommunications, both of which prepared the Central Monitoring System. The list of attendees also includes India’s Intelligence Bureau, which is manning the CMS, as well as the agencies which will have access to the CMS: the Central Bureau of Investigation (CBI), the Research and Analysis Wing (RAW), the National Technical Research Organization (NTRO) and various other state police departments and intelligence agencies.

Furthermore, Spy Files 3 entail a list of last years ’ ISS World security company attendees, which includes several Indian companies. Again, interestingly enough, many of these companies may potentially be aiding law enforcement with the technology to carry out the Central Monitoring System. ClearTrail Technologies, in particular, provides solutions for targeted and mass monitoring of IP and voice networks, as well as remote monitoring and infection frameworks - all of which would potentially be perfect to aid the Central Monitoring System.

In fact, ClearTrail states in its brochure that its ComTrail product is equipped to handle millions of communications per day, while its xTrail product can easily be integrated with any existing centralised monitoring system for extended coverage. And if that’s not enough, ClearTrail’s “Astra ” is designed for the centralized management of thousands of targets. While there may not be any concrete proof that ClearTrail is indeed aiding the Centralized Monitoring System, the facts speak for themselves: ClearTrail is an Indian company which sells target and mass monitoring products to law enforcement agencies. The Centralized Monitoring System is currently being implemented. What are the odds that ClearTrail is not equipping the CMS? And what are the odds that such technology is not being used for other mass electronic surveillance programmes, such as the Lawful Intercept and Monitoring (LIM)?

Spy Files 3...and the legality of India’s surveillance technologies

ClearTrail Technologies’ brochure -the only leaked document on Indian surveillance technology by the latest Spy Files- states that the company complies with ETSI and CALEA regulations. While it’s clear that the company complies with U.S. and European regulations on the interception of communications to attract more customers in the international market, such regulations don’t really apply within India, which is part of ClearTrail’s market. Notably enough, ClearTrail does not mention any compliance with Indian regulations in its brochure. So let’s have a look at them.

India has five laws which regulate surveillance:

1. The Indian Telegraph Act, 1885

2. The Indian Post Office Act, 1898

3. The Indian Wireless Telegraphy Act, 1933

4. The Code of Criminal Procedure (CrPc ), 1973: Section 91

5. The Information Technology (Amendment ) Act, 2008

The Indian Post Offices Act does not cover electronic communications and the Indian Wireless Telegraphy Act lacks procedures which would determine if surveillance should be targeted or not. Neither the Indian Telegraph Act nor the Information Technology (Amendment ) Act cover mass surveillance, but are both limited to targeted surveillance. Moreover, targeted interception in India according to these laws requires case-by-case authorization by either the home secretary or the secretary department of information technology. In other words, unauthorized, limitless, mass surveillance is not technically permitted by law in India.

The Indian Telegraph Act mandates that the interception of communications can only be carried out on account of a public emergency or for public safety. However, in 2008, the Information Technology Act copied most of the interception provisions of the Indian Telegraph Act, but removed the preconditions of public emergency or public safety, and instead expanded the power of the government to order interception for the “investigation of any offense”.

The interception of Internet communications is mainly covered by the 2009 Rules under the Information Technology Act 2008 and Sections 69 and 69 B are particularly noteworthy. According to these Sections, an Intelligence Bureau officer who leaked national secrets may be imprisoned for up to three years, while Section 69 not only allows for the interception of any information transmitted through a computer resource, but also requires that users disclose their encryption keys upon request or face a jail sentence of up to seven years.

While these laws allow for the interception of communications and can be viewed as widely controversial, they do not technically permit the mass surveillance of communications. In other words, ClearTrail’s products, such as ComTrail, which enable the mass interception of IP networks, lack legal backing. However, the Unified Access Services (UAS ) License Agreement regarding the Central Monitoring System mandates mass surveillance and requires ISP and Telecom operators to comply.

Through the licenses of the Department of Telecommunications, Internet service providers, cellular providers and telecoms are required to provide the Government of India direct access to all communications data and content even without a warrant, which is not permitted under the laws on interception. These licenses also require cellular providers to have ‘bulk encryption’ of less than 40 bits, which means that potentially any person can use off-the-air interception to monitor phone calls. However, such licenses do not regulate the capture of signal strength, target numbers like IMSI, TIMSI, IMEI or MSI SDN, which can be captured through ClearTrail’s mTrail product.

More importantly, following allegations that the National Technical Research Organization (NTRO) had been using off-the-air interception equipment to snoop on politicians in 2011, the Home Ministry issued a directive to ban the possession or use of all off-the-air phone interception gear. As a result, the Indian Government asked the Customs Department to provide an inventory of all all such equipment imported over a ten year period, and it was uncovered that as many as 73,000 pieces of equipment had been imported. Since, the Home Ministry has informed the heads of law enforcement agencies that there has been a compete ban on use of such equipment and that all those who possess such equipment and fail to inform the Government will face prosecution and imprisonment. In short, ClearTrail's product, mTrail, which undertakes off-the-air phone monitoring is illegal and Indian law enforcement agencies are prohibited from using it.

ClearTrail’s “Astra ” product is capable of remote infection and monitoring, which can push bot to any targeted machine sharing the same LAN. While India’s ISP and telecommunications licenses generally provide some regulations, they appear to be inadequate in regulating specific surveillance technologies which have the capability to target machines and remotely monitor them. Such licenses mandate mass surveillance, but legally, wireless communications are completely unregulated, which raises the question of whether the interception of public Internet networks is allowed. In other words, it is not clear if ClearTrail’s QuickTrail is technically legal or not. The UAS License agreement mandates mass surveillance, and while the law does not prohibit it, it does not mandate mass surveillance either. This remains a grey area.

The issue of data retention arises from ClearTrail ’s leaked brochure. In particular, ClearTrail states in its brochure that ComTrail - which undertakes mass monitoring of IP and Voice networks - retains data upon request, with a capacity that exceeds several years. xTrail - for targeted IP monitoring - has the ability to retain huge volumes of data which can potentially be used as proof in court. However, India currently lacks privacy legislation which would regulate data retention, which means that data collected by ClearTrail could potentially be stored indefinitely.

Section 7 of the Information Technology (Amendment) Act, 2008, deals with the retention of electronic records. However, this section does not state a particular data retention period, nor who will have authorized access to data during its retention, who can authorize such access, whether retained data can be shared with third parties and, if so, under what conditions. Section 7 of the Information Technology (Amendment) Act, 2008, appears to be incredibly vague and to fail to regulate data retention adequately.

Data retention requirements for service providers are included in the ISP and UASL licenses and, while they clarify the type of data they retain, they do not specify adequate conditions for data retention. Due to the lack of data protection legislation in India, it remains unclear how long data collected by companies, such as ClearTrail, would be stored for, as well as who would have authorized access to such data during its retention period, whether such data would be shared with third parties and disclosed and if so, under what conditions.

India currently lacks specific regulations for the use of various types of technologies, which makes it unclear whether ClearTrail ’s spy products are technically legal or not. It is clear that ClearTrail’s mass interception products, such as ComTrail, are not legalized - since Indian laws allow for targeted interception- but they are mandated through the UAS License agreement regarding the Central Monitoring System.

In short, the legality of ClearTrail’s surveillance technologies remains ambiguous. While India’s ISP and telecom licenses and the UAS License Agreement mandate mass surveillance, the laws - particularly the 2009 Information Technology Rules- mandate targeted surveillance and remain silent on the issue of mass surveillance. Technically, this does not constitute mass surveillance legal or illegal, but rather a grey area. Furthermore, while India ’s Telegraph Act, Information Technology Act and 2009 Rules allow for the interception, monitoring and decryption of communications and surveillance in general, they do not explicitly regulate the various types of surveillance technologies, but rather attempt to “legalize” them through the blanket term of surveillance.

One thing is clear: India’s license agreements ensure that all ISPs and telecom operators are a part of the surveillance regime. The lack of regulations for India’s surveillance technologies appear to create a grey zone for the expansion of mass surveillance in the country. According to Saikat Datta, an investigative journalist, a senior privacy telecom official stated:

“Do you really think a private telecom company can stand up to the government or any intelligence agency and cite law if they want to tap someone’s phone?”

Spy Files 3...and human rights in India

The facts speak for themselves. The latest Spy Files confirm that the same agencies involved in the development of the Central Monitoring System (CMS) are also interested in the latest surveillance technology sold in the global market. Spy Files 3 also provide data on one of India’s largest surveillance technology companies, ClearTrail, which sells a wide range of surveillance technologies to law enforcement agencies around the world. And Spy Files 3 show us exactly what these technologies can do.

In particular, ClearTrail’s ComTrail provides mass monitoring of IP and voice networks, which means that law enforcement agencies using it are capable of intercepting millions of communications every day through Gmail, Yahoo, Hotmail and others, of correlating our identities across networks and of targeting our location. xTrail enables law enforcement agencies to monitor us based on our “harmless” metadata, such as our IP address, our mobile number and our email ID. Think our data is secure when using the Internet through a cyber cafe? Well QuickTrail proves us wrong, as it’s able to assist law enforcement agencies in monitoring and intercepting our communications even when we are using public Internet networks.

And indeed, carrying a mobile phone is like carrying a GPS device, especially since mTrail provides law enforcement with off-the-air interception of mobile communications. Not only can mTrail target our location, listen to our calls and store our data, but it can also undertake passive off-the-air interception and monitor our voice, SMS and protocol information. Interestingly enough, mTrail also intercepts targeted calls from a predefined suspect list. The questions though which arise are: who is a suspect? How do we even know if we are suspects? In the age of the War on Terror, potentially anyone could be a suspect and thus potentially anyone’s mobile communications could be intercepted. After all, mass surveillance dictates that we are all suspicious until proven innocent .

And if anyone can potentially be a suspect, then potentially anyone can be remotely infected and monitored by Astra. Having physical access to a targeted device is a conventional surveillance mean of the past. Today, Astra can remotely push bot to our laptops and listen to our Skype calls, capture our Webcams, search our browsing history, identify our location and much more. And why is any of this concerning? Because contrary to mainstream belief, we should all have something to hide !

Privacy protects us from abuse from those in power and safeguards our individuality and autonomy as human beings. If we are opposed to the idea of the police searching our home without a search warrant, we should be opposed to the idea of our indiscriminate mass surveillance. After all, mass surveillance - especially the type undertaken by ClearTrail ’s products - can potentially result in the access, sharing, disclosure and retention of data much more valuable than that acquired by the police searching our home. Our credit card details, our photos, our acquaintances, our personal thoughts and opinions, and other sensitive personal information can usually be found in our laptops, which potentially can constitute much more incriminating information than that found in our homes.

And most importantly: even if we think that we have nothing to hide, it’s really not up to us to decide: it’s up to data analysts. While we may think that our data is “harmless”, a data analyst linking our data to various other people and search activities we have undertaken might indicate otherwise. Five years ago, a UK student studying Islamic terrorism for his Masters dissertation was detained for six days . The student may not have been a terrorist, but his data said this: “Young, male, Muslim... who is downloading Al-Qaeda’s training material” - and that was enough for him to get detained. Clearly, the data analysts mining his online activity did not care about the fact that the only reason why he was downloading Al-Qaeda material was for his Masters dissertation. The fact that he was a male Muslim downloading terrorist material was incriminating enough.

This incident reveals several concerning points: The first is that he was clearly already under surveillance, prior to downloading Al-Qaeda’s material. However, given that he did not have a criminal record and was “just a Masters student in the UK”, there does not appear to be any probable cause for his surveillance in the first place. Clearly he was on some suspect list on the premise that he is male and Muslim - which is a discriminative approach. The second point is that after this incident, it is likely that some male Muslims may be more cautious about their online activity - with the fear of being on some suspect list and eventually being prosecuted because their data shows that “they’re a terrorist”. Thus, mass surveillance today appears to also have implications on freedom of expression. The third point is that this incident reveals the extent of mass surveillance, since even a document downloaded by a Masters student is being monitored.

This case proves that innocent people can potentially be under surveillance and prosecuted, as a result of mass, indiscriminate surveillance. Anyone can potentially be a suspect today, and maybe for the wrong reasons. It does not matter if we think our data is “harmless”, but what matters is who is looking at our data, when and why. Every bit of data potentially hides several other bits of information which we are not aware of, but which will be revealed within a data analysis. We should always “have something to hide ”, as that is the only way to protect us from abuse by those in power.

In the contemporary surveillance state, we are all suspects and mass surveillance technologies, such as the ones sold by ClearTrail, can potentially pose major threats to our right to privacy, freedom of expression and other human rights. And probably the main reason for this is because surveillance technologies in India legally fall in a grey area. Thus, it is recommended that law enforcement agencies in India regulate the various types of surveillance technologies in compliance with the International Principles on Communications Surveillance and Human Rights.

Spy Files 3 show us why our human rights are at peril and why we should fight for our right to be free from suspicion.

This article was cross-posted in Medianama on 6th November 2013.

For more details visit https://cis-india.org/internet-governance/blog/spy-files-three

The Fundamental Right to Privacy: An Analysis

amber — 2017-10-04T11:19:46Z

Last month’s judgment by the nine judge referral bench was an emphatic endorsement of the the constitutional right to privacy. In the course of a 547 page judgment, the bench affirmed the fundamental nature of the right to privacy reading it into the values of dignity and liberty. In the course of a few short papers, we will dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers will focus on the sources, structure, scope, breadth, and future of privacy. Here are the first three papers, authored by Amber Sinha and edited by Elonnai Hickok.

The Fundamental Right to Privacy - Part I: Sources

Much of the debate and discussion in the hearings before the constitutional bench was regarding where in the Constitution a right to privacy may be located. In this paper, we analyse the different provisions and tools of interpretations use by the bench to read a right to privacy in Part III of the Constitution.

Download: PDF

The Fundamental Right to Privacy - Part II: Structure

In the previous paper, we delved into the sources in the Constitution and the interpretive tools used to locate the right to privacy as a constitutional right. This paper follows it up with an analysis of the structure of the right to privacy as articulated by the bench. We will look at the various facets of privacy which form a part of the fundamental right, the basis for such dimensions and what their implications may be.

Download: PDF

The Fundamental Right to Privacy - Part III: Scope

While the previous papers dealt with the sources in the Constitution and the interpretive tools used by the bench to locate the right to privacy as a constitutional right, as well as the structure of the right with its various dimensions, this paper will look at the judgment for guidance on principles to determine what the scope of the right of privacy may be.

Download: PDF

For more details visit https://cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-an-analysis

Technology, Social Justice and Higher Education

praskrishna — 2015-03-30T14:54:21Z

Since the last two years, we at the Centre for Internet and Society, have been working with the Higher Education Innovation and Research Applications at the Centre for the Study of Culture and Society, on a project called Pathways to Higher Education, supported by the Ford Foundation.

The main aim of the project is to research the state of social diversity and justice in undergraduate colleges in India and encourage students to articulate the axes of discrimination and exclusion which might keep them from interacting and engaging with educational resources and systems in their college environments.

Peer-to-Peer Technologies

The entry point into these debates was digital technologies, where through an introduction to peer-to-peer technologies, digital story telling through various web based platforms, and a collaborative thought environment mediated by internet and digital technologies, we facilitated the students to identify, articulate and address questions of discrimination, change and the possibility of engaging with these critically in order to build a better learning environment for themselves (and their peers) in their own colleges.

Each workshop was designed not only to be sensitive to the specificities of the locations of the colleges, but also to accommodate for the needs, desires and aspirations of the students involved. The participants looked at their own personal, family and community histories, their everyday experiences, their affective modes of aspiration and desire, and their own circumstances which often circumscribe them, in order to come up with certain themes that they thought were relevant and crucial in their own contexts.

As a follow-up on the workshops, the students developed specific projects and activities that will help them strengthen their hypotheses by looking beyond the personal and finding ways by which they can engage with the larger communities, spreading awareness, building histories and acquiring skills to successfully bolster their classroom interaction and learning.

The following is a bird’s eye view of the key themes that have emerged in the workshops:

The Costs of Belonging

Almost unanimously, though articulating it in different ways, the students looked at different costs of belonging to a space. Sometimes it was the space of the web, sometimes of the larger educational institution, sometimes to distinct language groups which do not treat English as the lingua franca, and sometimes to communities and friend circles within the college environment.

It was particularly insightful for us to understand that granting access, providing infrastructure or equipping ‘underprivileged’ students with skills is not enough. In fact, it became apparent that there is a certain policy driven, post-Mandal affirmative action that has already bridged the infrastructural and access gap in the educational institutions. The easy availability of computers, internet access, the ubiquitous cell phone, were all indicators that for most of the students, it wasn’t a question of affording access. Even when we were dealing with economically disadvantaged students, there were a plethora of technology devices they had access to and familiarity with. Shared resources, public access to digital technologies, and institutional support towards promoting digital familiarity all played a significant role in demystifying the digital for them. In many ways, these students were digital natives if defined through access, because they had Facebook accounts and browsed Google to find everything they wanted. Their phone was an extension of their selves and they used it in creative ways to communicate and connect with their peers.

Based on this, the students are now prepared to work on documenting, exploring and raising awareness about these questions, to see what the gating factors are that disallow people with access to still feel excluded from the power of the digital.

The Need for Diversity

It is a telling sign about the state of the Internet in India that every student presumed that the only way to be really fluent with the digital web is to be fluent in English. The equation of English being synonymous with being online was both fascinating and troubling to us. Of course, a lot of it has to do with India’s own preoccupations, marked by a postcolonial subjectivity, with English as the language of modernity and privilege. But it also has to do with the fact that almost all things digital in India, lack localisation. The digital technologies and platforms remain almost exclusively in English, fostered by the fact that input devices (keyboards, for example) and display interfaces favour English as the language of computing.

Such an idea might also help in reducing the distance between those who can fluently navigate the web through its own language, and those who, through various reasons, find themselves tentative and intimidated online.

The breakthrough that the participants had, when they realised that they don’t have to be ‘proper in English’ while being online – the ability to find local language resources, fonts, translation machines, and the possibility of transliterating their local language in the Roman script was a learning lesson for us.

Peer-to-Peer (P2P) Learning

As a part of their orientation to the world of the digital, especially with the methodologies of the workshops, the students literally had an overnight epiphany where they could see the possibilities and potentials of P2P learning. The recognition that they are not merely recipients of knowledge but also bearers of experience and contexts which are rich and replete with knowledge, gave them new insights on how to approach learning and education. Through digital storytelling, the workshops demonstrated how, in our own stories and accounts of life, there are many indicators and factors which can help us engage with the realities of exclusion and injustice.

Working together in groups, not only to excavate knowledge from the outside, as it were, but also to unearth the knowledge, experience, stories, emotions that we all carry with ourselves and can serve as valuable tools to bring to the classroom, is a lesson that all the groups learned. The idea of a peer also led them to question the established hierarchies within formal education. What was particularly interesting was that they did not – as is often the case – translate P2P into DIY education. They recognised that there are certain knowledge and skill gaps that they would like experts to address and have incorporated special trainings with different experts in areas of language, communication, ethnography, interviews, film making, etc. However, the methods for these trainings are going to emphasise a more P2P structure that is different from the regular classroom learning.

What would happen if a teacher is looked at as a peer rather than a superior? How would they navigate curricula if the scope of their learning was greater than the curricula? How could they work together to learn from each other, different ways of learning and understanding? These are some of the questions that get reflected in their proposed campus activities, where they are trying to now produce knowledge about their communities, cities, families, groups and experiences, by conducting surveys, ethnographies, historical archive work, etc. The digital helps them in not only disseminating the information they are collecting but also in re-establishing their relationship with learning and knowledge.

Ideas like open space dialogues, collaborative story-telling, mobilising resources for knowledge production, creating awareness campaigns and interacting with a larger audience through the digital platforms are now a part of their proposals and promise to show some creative, innovative and interesting uses of these technologies. How the teachers would react to such an imagination of the students as peers within the formal education system, remains to be seen as we organise a faculty training workshop later in December.

These three large themes find different articulations, interpretations and executions in different locations. However, they seem to be emerging as the new forms of social exclusion that we need to take into account. It is apparent that the role of technologies – both at the level of usage and of imagination – is crucial in shaping these forms of social inequities. But the technologies can also facilitate negotiations and engagements with these concerns by providing new forms of knowledge production and pedagogy, which can help the students in developing better learning environments and processes. The Pathways to Higher Education remains committed to not only documenting these learnings but also to see how they might be upscaled and integrated into mainstream learning within higher education in India.

For more details visit https://cis-india.org/digital-natives/pathways/blog/higher-education

National Resource Kit : The Kerala Chapter (Call for Comments)

anandi — 2013-11-07T06:20:04Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Kerala.

Note: The chapter is an early draft and will undergo subsequent modifications. We welcome comments and feedback from our readers.

Statistics

Capital: Tiruvananthapuram
HDI Rank: 1^st

Literacy: 1^st in India with a literacy of 93.91 per cent

Population:33,387,677
Population of Persons with Disability: 2.7 per cent. The district of Malappuram has the highest number of persons with disabilities, followed by Thiruvananthapuram and Ernakulam.[1]

Ministries and Departments

Department of Social Welfare – responsible for protection of rights of persons with disabilities.
Directorate of Social Welfare (under Department of Social Welfare) – nodal authority that implements central and state government programmes in Kerala.

Government run Organisations

The Kerala State Handicapped Persons Welfare Corporation
The Commissionerate of Persons with Disabilities
The National Institute of Speech and Hearing
The Central Social Welfare Board

Legal Provisions

Kerala does not have a legislation specifically for persons with disabilities in the state but implements the central legislation – the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. The state also issues various schemes, policies and notifications for persons with disabilities. The Department of Social Welfare has implemented some central and state schemes for persons with disabilities in the state,[2] while some schemes are being implemented by the Kerala State Handicapped Persons Welfare Corporation (KSHPWC).[3] These are listed below under various categories as:

Accessibility
The Department of Local Self Governance vide G.O. (MS) No.41/11/LSGD, Thiruvananthapuram, dated 14/02/2011 have issued rules for housing which also include special provisions for accommodation of the requirements of persons with disabilities. These include provision of ramps, lifts, convenient parking slots and removal of architectural barriers.
Personal mobility

Persons with disabilities with a regular and reasonable income and having to travel regularly on work are given a subsidy of Rs. 2000 linked with bank loan for procuring motorised tricycles / vehicles.[4]

KSHPWC supplies aids and appliances every three years to Persons with Disabilities with annual income less than Rs. 60,000 (see note 3). These include: artificial limbs, tricycles, wheelchairs, callipers, crutches, hearing aids, white canes, colostomy bags, etc. The beneficiaries are selected at medical camps held at district, block and panchayat levels.
Subsidy of Rs.10,000 is provided by KSHPWC to each self-employed young disabled person for procuring motorized tricycle upon applying in the proper format with attested copies of original bill, registration and insurance documents, and photographs (see note 3).
Education
Through the Kerala Right of Children to Free and Compulsory Education Rules, 2010, the government provides free and compulsory education for children with disabilities until the age of 18. The rules also provide for inclusive education, special schools for severely disabled children, learning aids and appliances, training for special teachers and vocational training for children with disabilities.
Three seats are reserved for persons with disabilities in arts and science colleges and engineering colleges, nine seats are reserved in polytechnic colleges, five seats are reserved in ITIs, five per cent seats are reserved in junior technical colleges and 25 per cent seats are reserved for teachers in special schools (see note 4).

Scholarships are given to children with disabilities where annual income of parents is less than Rs. 24,000 at Rs. 30 per month for children in classes I – IV and Rs. 45 per month for children in classes V – VIII. For students in higher classes, scholarships are provided for day scholars and residential students with special allowance for readers. In addition to the scholarships, students with orthopaedic impairment are given Rs. 25 per month for maintenance of prosthetic / orthopaedic aids (at the recommendation of the head of the institution) and Rs. 50 per month as transportation allowance (see note 4).
Children with mental disabilities where the annual income of parents is less than Rs. 24,000 are given scholarships upto the age of 21 at the scale of Rs. 60 per month with dress allowance of Rs. 40 and school requisite allowance (see note 4).
The government runs two vocational training centres for persons with disabilities at Thiruvananthapuram and Kozhikode (see note 4).
Students with Disabilities who top their districts in the categories of Orthopaedic disability, speech and hearing impairment, visual impairment and mental retardation; in the SSLC and Higher Secondary exams are awarded Rs. 2,500 each. Awards of Rs. 5000 are given to state rank holders in the above categories (see note 3).
Health: Details of policies / schemes for health unavailable.
Rehabilitation: The state runs community based rehabilitation programmes and vocational training centres for persons with disabilities (see note 2).
Employment: The state provides three per cent reservation in classes I, II (videG.O. (RT) No. 291/2012/SWD dated, Thiruvananthapuram 20^th June 2012), III and IV (vide G.O. (P)No.20/98/P&ARd dated, Thiruvananthapuram, 14 July, 1998) of state government jobs and PSUs. Three per cent reservation is also provided on part-time contingency posts and one per cent worker class vacancies in the government, corporations and companies are reserved for persons with disabilities (see note 4).

An age relaxation of ten years on the upper age limit is provided to persons with disabilities for applying to government jobs. Upto 10 grace marks can be given to persons with disabilities at the discretion of the Public Service Commission for direct recruitment to various posts except those that are specifically excluded (see note 4).
Persons with disabilities are allowed a special casual leave of 15 days for treating an illness that is directly connected with their disability vide G.O. (P) 249/84/Fin. Dated 9–5–84.
Loans for self employment are being given to persons with disabilities by banks through KSHPWC for setting up self employment programmes. A subsidy of Rs. 2000 linked with the bank loan is given to each beneficiary (see note 4).
KSHPWC channelizes loans from the National Handicapped Finance and Development Corporation to Persons with Disabilities at low interest rates for self-employment. Applicants must have at least 40 per cent disability and their family income should not exceed Rs. 3,00,000 for rural and Rs. 5,00,000 for urban applicants (see note 3).
KSHPWC runs the following commercial units to provide employment to persons with disabilities (see note 4): Sowbhagya Department Store – Thiruvananthapuram, Sowbhagya Department Store – Kozhikode, Sowbhagya Extension Counter, MLA Quarters – Thiruvananthapuram, Photocopier Unit, MLA Quarters – Thiruvananthapuram, and Envelope Making Unit – Thiruvananthapuram.
KSHPWC together with the Kerala State Lotteries Department implements the scheme through which disabled persons are identified throughout the state for undertaking agency for Lottery tickets and are given financial assistance of Rs. 5,000 for purchase and sale of lottery tickets.

Social Protection

Persons with disabilities in the categories of vision impaired, hearing impaired and orthopaedically disabled whose annual family income does not exceed Rs.3,600 are given a disability pension of Rs.85 per month.
Conveyance allowance of Rs.100 for vision impaired and locomotor disabled employees of aided schools and government departments and Rs.50 for part time employees are given vide G.O.(P) No. 521/87/Fin, dated 15.6.87.
Free travel facility is provided to the vision impaired on buses and boats and for the locomotor disabled on buses. Persons with 50 per cent or more locomotor disabilities are given 70 per cent concession on private buses to travel upto 40 kilometres (see note 4).
A distress relief fund has been created for persons with disabilities vide G.O. (MS) No. 4/95/SWD dated 24/1/95. A maximum amount of Rs. 2000 can be given for a case in a financial year and the amount can be extended to Rs. 8000 in exceptional cases. Persons with disabilities whose annual income does not exceed Rs. 12,000 can claim financial assistance for the following reasons (see note 4): for medical treatment including surgery, disability incurred due to an accident, any other purposes not covered by existing schemes for persons with disabilities, grant by the government under the grant-in-aid to persons with disabilities under the Deendayal Disabled Scheme (see note 2).
Under the Rajiv One Million Housing Scheme (see note 4), one per cent of the houses constructed for the economically backward class have been reserved for persons with disabilities.
KSHPWC operates a scheme for children who are below 8 years of age and have 60 per cent or more disability and whose parent’s have an annual income of less than Rs.60,000, the corporation deposits an amount of Rs. 15,000 for boys and Rs.20,000 for girls. The fund under this scheme is released after the child attains the age of 18 years for self-employment or marriage or as per requests after assessing the case. (see note 3).
A scheme run by the state offers marriage assistance to women with disabilities and to daughters of Persons with Disabilities (see note 2).
KSHPWC runs an old-age home for persons with disabilities at Parassala (see note 3).

Miscellaneous

State awards of Rs. 3000 per head are given to outstanding and efficient employees among persons with disabilities (see note 4)
Persons with disabilities are exempted from professional tax and road tax. They are given an additional income tax exemption of Rs. 5000 (see note 4).
The state also gives grant-in-aid for voluntary organisations running homes for the disabled and financial assistance for advocates with orthopaedic or visual impairment (see note 2).

Government Orders

Category	Headline	Issuing Authority	Number & Date	Briefs
Employment	Public Services Reservations for Physically Handicapped Persons – three per cent reservation for Class III and Class IV posts	Personnel and Administrative Reforms (Advice) Department	G.O. (P)No.20/98/P&ARD Dated, Thiruvananthapuram, 14 July, 1998	Orders issued for a maximum of 50 appointments each in the categories of subordinate service, last grade service and part-time contingent service being set apart every year for the appointment of persons with disabilities to the public services.
Employment	Reservation of three per cent vacancies in Class I and II posts in Public Services for appointment of physically disabled persons – post of Assistant Engineer (Civil), Public Works Department – eligibility for full participation in the selection process and appointment in respect of certain categories of physically disabled persons – clarified orders	Social Welfare Department	G.O. (RT) No. 291/2012/SWD. Dated, Thiruvananthapuram 20^th June 2012	This order has been issued in clarification to earlier orders issued for identification of posts for Persons with Disabilities.
Building construction	Kerala Panchayat Building Rules 2011	Local Self Governance Department	G.O. (MS) No.41/11/LSGD Dated, Thiruvananthapuram 14/02/2011.	Notification has been issued to regulate building construction. Provides for accessibility and elimination of architectural barriers.

Special Schools and Vocational Training Centres

Centre for Training and Rehabilitation of the Mentally Retarded, Thiruvananthapuram
Adarsha Rehabilitation Institute for Spastics and Neurologically Impaired, Kochi
Asha Niketan, Kozhikode
Jagathy Government School for the Blind, Thiruvananthapuram
Jagathy Government BHSS for the Deaf, Thiruvananthapuram
Kunnamkulam GS for the Blind, Kunnamkulam, Thrissur
Kunnamkulam GS for the Deaf, Kunnamkulam, Thrissur

Non Governmental Organisations for Persons with Disabilities

National Association of the Blind, Thiruvananthapuram
Kerala Federation of the Blind, Thiruvananthapuram
Kerala Institution of the Blind, Thrissur
All Kerala Association of the Deaf, Thrissur
Kerala Government Deaf Employees Union
Association for the Welfare of the Handicapped, Kozhikode
Kerala State Physically Handicapped Employees Association

For more details visit https://cis-india.org/accessibility/blog/national-resource-kerala-chapter-call-for-comments

Dataset: Patent Landscape of Mobile Device Technologies in India

rohini — 2016-05-03T20:06:43Z

Patent landscape of mobile technology patents and patent applications held by 50 companies operating in India. Licensed CC-BY-SA 4.0.

Dataset: Patent Landscape of Mobile Device Technologies in India

This dataset contains a landscape of 23,569 patents and patent applications registered in India and relevant to the domain of mobile technology. These patents and patent applications are held by 50 Indian and non-Indian companies operating in the country. The patent landscape has been released under the Creative Commons-Attribution-Share Alike 4.0 (CC-BY-SA 4.0) License as a part of the ongoing Pervasive Technologies research project.

For the detailed methdology used for drawing up this landscape, read: Methodology: Patent Landscaping in the Indian Mobile Device Marketplace

A paper titled "Patents and Mobile Devices in India: An Empirical Survey" published on SSRN in March 2016 presents an analyis of this patent landscape.

For queries regarding the dataset or its reuse, write to rohini@cis-india.org.

Using this dataset:

Assignee: The assignee is one of 50 companies specified in Annexure 4 of the methodology document. Where two assignees are mentioned, the patent was transferred from the second assignee to the first on account of sale of the patent, company merger, etc. For example, "Huawei|NEC" indicates that a patent that belonged to NEC was transferred to Huawei.

Patent Number: This column contains the patent number in the case of granted patents and the application number in case of patent applications. Patent numbers have been coded in the Thomson Reuters database as IN<6 digit number>B. For example, the patent number 247760 in the Indian Patent Office database is coded as IN247760B in this dataset. The application number is coded as well. However, there is a separate column (Column R) for the application number as given in the Indian Patent Office database.

Level 1: Patents and patent applications in the landscape have been categorised into: Body Design, Communication, Connectable Interfaces, Display, Energy Storage, Memory, Operational Blocks, Sensors, Software, and Sound, image and video.

Level 2: Almost all categories have further been divided into sub-categories, i.e., Level 2 categories.

Infrastructure/ UE: Refers to whether the patent pertains to infrastructure and the user equipment (IUE) or only the user equipment (UE).

For more details visit https://cis-india.org/a2k/blogs/dataset-patent-landscape-of-mobile-device-technologies-in-india

CIS - A2K Work Plan: July 2016 - June 2017

sunil — 2016-04-29T09:36:45Z

One of the key mandates of the Access to Knowledge (A2K) program at the Centre for Internet and Society (CIS) is to work towards catalyzing the growth of the free and open knowledge movement in Indic languages. CIS has been a steward of the Wikimedia movement in India since December 2008. Since September 2012, we at CIS-A2K, have been actively involved in growing the movement in India through (i) a grant received from the Wikimedia Foundation (WMF) for the period September 2012 - June 2014, (ii) the FDC Grant received for the period July 2014 - June 2015 and (iii) the FDC Grant received for the period July 2015 - June 2016. Based on the productive experience of working with various Indic Wikimedia communities, CIS-A2K has developed this work plan for July 2016 to June 2017.

This was originally published on Meta-wiki on April 2, 2016.

We have revised the work plan template taking into account the changed proposal plan sent out by WMF and in light of the feedback that we have received from FDC assessment during last proposal application. The FDC feedback is taken into account at the level of design, RoI and ensuring quality for all our activities.

CIS-A2K responses towards Indic communities concerns

During the last plan period CIS-A2K received the following complaints, suggestions, and feedback. We have attempted to address the concerns under redesigned CIS-A2K 2.0. This table was first prepared during our progress report for the current grant and A2K would like to acknowledge the learnings derived out of the suggestions and feedback it received during the last plan. Please see the table here.

Background to CIS-A2K Program

CIS-A2K is working with the Indic Wikimedia communities since December 2008, when Jimbo Wales came to India and visited Bangalore. In mid-2012 CIS-A2K received a financial grant from the Wikimedia Foundation (WMF) and since then it has been actively involved in growing the Wikimedia and free knowledge movement in India. Following a grant received from WMF for the period September 2012 to June 2014, CIS-A2K received FDC Grant for the periods July 2014 to June 2015 and July 2015 to June 2016. Based on the 41-month experience of working with various Indic Wikimedia communities, CIS-A2K has prepared this year's work plan for July 2016 to June 2017.

Objective

CIS-A2K is committed to improve Wikimedia movement in India by supporting Indic Wikimedia communities and working on Wikimedia projects and collaborating with FOSS and other like minded movement partners. It also strives to catalyse the growth of open and free knowledge movement in South Asia and especially in India. Our main objectives are:

Bringing content under Creative Commons and similar free licenses;
Supporting and empowering Indic Wikimedia communities;
Building and maintaining institutional partnerships in order to support the open knowledge movement and creation of open knowledge resources;
Planning and executing Wikimedia projects with wider community participations and effective consultation;
Fostering and enabling an appropriate legal and technological ecosystem;
Building sustainable communities and grooming potential leaders to represent the communities and projects globally.

Context

CIS-A2K has focussed on creating sustainable programmes and capacity development for communities in the last few years. CIS-A2K intends to continue its work during the proposed grant period and would continue to focus on the following Indian language Wikimedia projects: Kannada, Konkani, Marathi, Odia, Telugu (Focus Language Areas, FLA). In order to achieve higher RoI, A2K will be including Tulu in its language plan from this plan period.

CIS-A2K will continue to provide general support and service to all other Indian language Wikimedia communities for all Wikimedia projects as necessary and as requested by the communities or individuals from the community through its request page and needs assessment workshops.

Community strengthening initiatives will be prioritised in order to address the poor participation of Wikimedians from Indian sub continent in particular and global south in general. CIS-A2K has rolled out initiatives such as Train the Trainer and MediaWiki training, focused edit-a-thons and GLAM activities.

CIS-A2K and Indian language Wikimedia communities would greatly benefit from collaborating with these initiatives and CIS-A2K during this grant period would attempt to bring these communities closer with a series of interactions, hack-a-thons and training sessions.

Our institutional partnerships have played a very important role in content donation, generation of content, attracting new readers and editors and collaborating opportunities with existing community members. They have provided much needed press coverage towards Indian language Wikimedia projects. The institution partnerships and WEP have been redesigned as per community suggestions.

Methodology

This work plan has been prepared based on an extensive engagement with various Wikimedia movement participants and enthusiasts in India. These include:

Wikimedia community members across all Indic communities: We have talked to a large number of Indic Wikimedia community members and specially community members of our focused language areas;
Institutional Partners of CIS-A2K: We have taken feedback and suggestions from our institutional partners regarding the challenges of conducting WEP;
Like-minded advocates of free and open knowledge;
Surveys and Interviews.

Performance against plans and projected targets

Overall

Kannada

Konkani

Marathi

Odia

Telugu

Progress against goals set

Language Area Work Plans

CIS-A2K has put in significant efforts across four focus language areas Kannada, Konkani, Odia and Telugu during the previous work plans. CIS-A2K proposed and initiated Marathi as a focus language project during the last proposal plan. As A2K's strategy of working with FLA has resulted in community building and sustainable outreach efforts, we intend to work with the nascent Tulu community towards making Tulu Wikipedia live.

The Tulu Wikipedia plan is a 'minimal cost program' and is not budgeted same as the other FLA. A2K has been able to build a strong community in Mangalore for the Kannada and Konkani Wikimedia projects. Tulu community draws its editor base and institutional support from Mangalore, hence A2K's plans towards Kannada and Konkani Wikimedia projects can also have the added dimension of Tulu Wikipedia incubation activities.

Detailed work-plan for each of these language areas may be seen here (in alphabetical order):

Woman's day editathon at Christ University

Some of the key factors that determined the July 2016-June 2017 work plan:

Development of Focus Language Area Plan: A2K's strategy of building a plan along with the consultation of the community and further customised as per the feedback received by communities and FDC Staff have resulted well across five languages. CIS-A2K is pleased to inform that during July 2015-June 2016 it engaged with all the five focus language area plans as it has been able to recruit program officers and program associates for the vacant positions. It is important to note that while we are engaging with Tulu Wikipedia community with intentions of making Tulu Wikipedia live, it is also a 'minimal cost' program. It helps A2K in acheiving higher RoI for monetary resources and optimisation of staff and volunteer expertise.
A2K 2.0 as a response to FDC and Indic Wikimedians' Feedback: As a learning derived out of FDC, WMF Board and Indic Wikimedians suggestions, CIS-A2K has revised its program structure and composition of work. Please find details of revised divisional of responsibilities of A2K team.
Partnership and networking with institutions and groups: CIS-A2K has had the privilege of partnering with educational institutions and developmental organisations. These partnerships and collaborations not only resulted in significant quality-content contributions, but also lead to the diversification and expansion of that particular language Wikimedia community. In order to strengthen the communities, increase participation and conduct GLAM activities and attract content donation A2K would look out for possible institutional partnerships.
Providing sustainability and developing leadership skills: A2K has always worked towards enabling Indian Language Wikimedia communities to achieve sustainability and visibility amongst the global communities. We have been greatly privilege to work with the Focus Language Communities and would like to pass on our learning through collaborations with other language communities, while exiting few of our current FLA programs. Through our skill building initiatives such as Train-the-Trainer, Media Wiki Training and Train-a-Wikipedian A2K has also been able to support growth of a new community of volunteers to support the existing community.

Community Strengthening Initiatives

CIS-A2K started two community strengthening initiatives— Train-the-Trainer and MediaWiki Training to grow and strengthen the Indic Wikimedia projects and the associated communities, both qualitatively and quantitatively. The earlier iteration of these two programs played an important role in connecting the Indian language Wikimedia communities and fostering multi-lingual projects. This year also CIS-A2K proposes to undertake these two successful community strengthening initiatives. In mid-March 2016, CIS-A2K conducted a 2-day-long nationwide Wikipedia Education Program review workshop that brought students and faculty members from institutions that are running WEP in partnership with CIS-A2K and several important topics such as structural challenges such as academic schedule, institutional interest, faculty buy-in and more importantly response by the students were discussed. This year also CIS-A2K proposes to conduct such a workshop.

Creating Movement Resources

CIS-A2K has been creating resources to help Indic Wikimedia communities. All the resources are created after assessing the communities' need assessment and close interactions with many of the active community members.

CIS-A2K proposed to create the following resources (this also include printed resources):

Wikipedia editing tutorials
PEG and IEG application handbooks;
Handbook on how apply for various WMF scholarships;
Handbook on best practices for Wiki-events, workshops, meetup, outreach and other programs;
FAQ for content donors –give this job to a law school intern. No need of this handbook to be translated to Indian languages.
Bookmarks creation to increase awareness about Indian Wikimedia Projects;

General Support and Service to the Movement

CIS-A2K regularly supports Indic-language Wikimedia communities to conduct workshops, edit-a-thons and events to improve their projects. All these requests are placed at CIS-A2K request page and fulfilled after extensive community discussion and needs assessment.

Currently CIS-A2K is working on a program named Train-a-Wikipedian (TAW) to identify enthusiastic Indic Wikipedians and train and groom them to develop their editing skills. We'll continue empowering Indic Wikimedia community members through this program.

Learning and Evaluation

Following the Global metrics and discussions some members of the Wikimedia community, the A2K program had put together some evaluation tools to assess the impact of its work during the last year. We have included some more metrics for evaluation this year.

Evaluation tools

Participation

Number of active editors involved
Number of newly registered users
Number of individuals involved

Content

Number of new images/media added to Wikimedia article pages
Number of new images/media uploaded to Wikimedia Commons
Number of articles added or improved on Wikimedia projects
Number of bytes added to and/or deleted from Wikimedia projects

Reports

CIS-A2K will undertake monthly and annually review of our work using the above evaluation tools. CIS-A2K report activities and progress to Wikimedia foundation in monthly meetings.^[1] CIS-A2K team will also report the successes and learnings to the Wikimedia India & the Global Community. CIS-A2K team will actively review progress of each language area plan in collaboration with the respective Wikimedia community. Based on this feedback we will undertake mid-course corrections, should there be a need. To summarize following reports will be published in the year of 2016 - 2017:

Progress report (for the current grant)
Impact Report (July 2016 - June 2017)
Monthly report to Wikimedia foundation;
Monthly Newsletters
Annual report to CIS

Monthly Review and Learning Sessions

Last year we wrote about conducting monthly review and learning sessions. Currently CIS-A2K is conducting monthly learning sessions to critically reflect on the successes and failures of our work internally. The learnings are shared with Wikimedia Foundation for their feedback and suggestion. We'll continue conducting monthly reviews and learnings and progress will be shared with Wikimedia Foundation. We will try to share the same the Wikimedia India members.

Budget

Please find link to CIS-A2K program budget for proposed grant period July 2016-June 2017 here

Feedback

We appreciate your valuable feedback. However, for the sake of structured engagement by everyone, we request you to consider the following before you share your feedback.

For feedback on the overall A2K Work Plan you can write here.
For feedback on respective Language area plans, please write on the discussion page of the respective language plan.

Alternatively you could also share your feedback over e-mail at tanveer@cis-india.org. Please use the subject line Feedback on Work Plan.
Should you feel the need to discuss any aspect of the plan before sharing your feedback, please write to us and we can set up a telephone/Skype call.

For more details visit https://cis-india.org/a2k/blogs/cis-a2k-work-plan-july-2016-june-2017

Consultation on 'National Geospatial Policy' - Notes and Submission

sinha — 2016-03-29T17:03:31Z

The Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP) to provide appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality. A pre-drafting consultation meeting for the NGP was organised in Delhi on February 03, 2016. Ms. Anubha Sinha represented CIS at the meeting, and shares her notes.

National Geospatial Policy - Pre-Drafting Consultation Meeting

Keeping in mind the importance of geospatial data in the context of national development, the Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP). The Committee is Chaired by Major General Dr. R Siva Kumar, former Head of Natural Resources Data Management System (NRDMS) and CEO of National Spatial Data Infrastructure (NSDI), and Dr. Bhoop Singh, Head of NRDMS and NSDI Division at Department of Science and Technology, as Member Secretary. The Policy aims at providing appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality.

A pre-drafting consultation meeting for the NGP was organised in Delhi by Dr. Valli Manickam, Professor at the Academic Staff College of India, on February 03, 2016, and CIS was invited to take part in it as the only participant from the civil society. The other participants included representatives from the geospatial industry and industry associations (like FICCI and CII), and Ms. Ranjana Kaul, Partner at Dua Associates. Among the drafting committee members, Major General Dr. R Siva Kumar, Dr. Bhoop Singh, Dr. Sandeep Tripathi (IFS), and Wing Commander Satyam Kushwaha were present.

National Geospatial Policy - Concept Note

The purpose of the meeting was to hear the stakeholders' response to a Concept Note on the NGP, circulated prior to the meeting [1]. The Note sets out the principles and concerns of the proposed policy, which plans to guarantee geospatial data availability, accessibility, quality and in consonance with the imperatives of national security and intellectual property rights. The applicability of the policy is aimed at:

all geospatial data created, generated and collected using public funds provided by Central and State Governments and International donor organizations, directly or through authorized agencies.

The note suggests establishment of an "empowered body" to ensure proper creation, updates, management, dissemination, and sharing of the data, and management of an online portal for the same. The institutional mechanism to implement the policy will be composed of an Appellate authority / National High Power Implementation Committee, the NGP Implementation Committee, and the NGP Steering Committee.

Notes from the Meeting

The Welcome Address was delivered by Dr. Bhoop Singh (Head of NRDMS and NSDI Division, DST) who informed the participants that the Expert Committee had already met National Security Council and heard their concerns on the policy. The principles on which the proposed policy is to be based were also shared. The policy resulted from an exercise started two years ago to fix quality and accuracy of geospatial data, which was when it was realised that there were significant gaps that need urgent redressal. It was also identified that in previous initiatives to manage geospatial data at the national level, some data-generating organisations had been left behind. The chief concerns for the Expert Committee are 1) tailoring a policy suited to India's unique security issues, 2) avoiding a blanket open policy that may lead to misuse of low resolution data, 3) heeding restrictions on mapping, considering that 43% of landmass was not represented on maps presently (a probable solution was to do feature based mapping), and 4) clarifying government regulation of drone-based mapping. Security concerns were raised frequently throughout the meeting. The Committee also recognised that for development, data sharing should be made more open. The Committee was keen to have the private industry as a partner in generation of geospatial data.

Private industry representatives agreed with the objectives of the policy and were willing to contribute to geospatial data generation. The Expert Committee mulled over the possibility of creating a Public Private Partnership to cater to data generation. The private industry complained about the lack of efforts in popularising geospatial technologies and making the process of tenders more transparent.

There were suggestions to examine the policies of other jurisdictions facing similar internal security threats as India, and delineating the types of data that could be openly shared (for instance, geospatial data from border regions versus non-border regions). Segregation of restricted and open geospatial data can also be done on the basis of its end-application, such as for military and engineering purposes. Participants also requested the creation of a clear Do's and Don'ts guideline. CIS presented a written submission that raised seven key concerns. These are listed in the section below.

On the question of making an open data policy, it was suggested that the committee needs to decide the fundamental approach of the policy first - whether the policy should be based on prohibition and restriction, or focus on identifying and regulating open and free geospatial. The UN General Assembly document on Principles relating to remote sensing of the Earth from space provides an appropriate international point of reference [2].

After listening to the concerns and comments of the stakeholders, the core committee made the following concluding remarks:

Existing policies of government and defence should be mapped out to avoid conflict or overlap with the proposed NGP policy
The sharing of data vests with government agencies and other organisations recommended by them – there needs to be a transparent mechanism for such recommendation based sharing
Industry should come up with self-regulatory mechanisms, do's and don'ts, and code of conduct
Develop a secure mechanism for providing data on sensitive areas (in terms of national security;
Even the defence agencies sometimes cannot access maps due to policies of the National Remote Sensing Centre and other agencies – such inconsistencies need to be fixed

It was announced that the next consultation will occur in a couple of months, and will be open to the public at large, including representatives of industry, defence, and civil society.

Key Concerns about the NGP Concept Note

1. Complete lack of availability of open geospatial data from Indian government agencies: No government agency in India publish open geospatial data. While maps are often sold, both in printed and in digital form, they are not provided in a machine-readable open format and under an open license. The concept note towards NGP has made strong commitments towards changing this situation. There is an immediate need to participate in the NGP drafting process, with coordination among various civil society actors interested in open geospatial data, to ensure that these principles are carried into and operationalised in the actual NGP document.

2. Need for explicit and comprehensive set of criteria to determine if a set of geospatial data is sensitive for national security reasons: In formal and informal conversations with various agencies collecting and creating geospatial data in India, the role played by security agencies in blocking proactive and reactive public disclosure of geospatial data, and even intra-governmental sharing of such data, has been highlighted. Addressing this issue requires development of an explicit and comprehensive list of criteria that will establish a clear and rule-based system for identifying if a specific geospatial data set is to be categorised as “shareable” or “non-shareable.”

3. No clarity regarding legal status of citizen/crowd-sourced geospatial data, and initiatives to generate them: Open user-contributed geospatial data, especially through the OpenStreetMap platform, has emerged as a key driver of the global geospatial services industry. There is a legal ambiguity created by the National Mapping Policy regarding generation of such data in India, which came into focus when Survey of India filed a case against Google for organising a Mapathon contest, which invited Indian users to add metadata about physical and built features through Google Maps platform.1 The NGP needs to expressly provide legal sanction (and perhaps framework) for citizen/crowd-sourcing of geospatial data.

4. Fragmented institutional structure for collection, management, and distribution of different kinds of geospatial data: Survey of India, Indian Institute of Remote Sensing, and Indian Space Research Organisation are all key government agencies involved in creating and managing geospatial data. Further, Election Commission of India is involved in preparing geospatial data about electoral units and their boundaries. The National Spatial Data Infrastructure was conceptualised to harmonise and centralise the geospatial data management processes, but is yet to be implemented with the backing of a policy or an Act. The NSDI can be institutionalised via the NGP as the national archive, aggregator, and distributor of open geospatial data, being originally collected and created by a range of government agencies.

5. Integration of National Geospatial Policy with National Data Sharing and Accessibility Policy (NDSAP): The proactive disclosure of “shareable” geospatial data using open geospatial standards and under open licenses must be carried out under the purview of the NDSAP, and through the open government data platform established through NDSAP. The decisions regarding licensing of open government data, as being discussed by the a committee set up under NDSAP, must also be applicable to open geospatial data that will be published following the instructions of the NGP. Further, instead of multiple online sources of open geospatial data collected by various Indian government agencies, must be identified as the primary and necessary source for publication of open geospatial data.

6. Integration of National Geospatial Policy with Right to Information (RTI) Act: Geospatial data must be treated as a special category of information under the RTI Act, which necessitates that if an Indian citizen requests for geospatial data from a government agency under the purview of RTI Act, the agency must provide the data in a human-readable and machine-readable open geospatial standard, and not only in the printed format, as key qualities of digital geospatial data can be substantially lost when printed in paper.

7. Need for special infrastructure for management and publication of real-time geospatial (big) data, and governance of the same: With increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. The need for special infrastructure for such data, as well as its governance, has not been discussed in the concept note for NGP, which is a major omission.

Endnotes

[1] See: https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf.

[2] UNGA 41/65. Principles Relating to Remote Sensing of the Earth from Space: http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf.

For more details visit https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016

The Supreme Court Delivers

Shyam Ponappa — 2012-12-21T09:57:57Z

Now, the spectrum and licence issues need resolution. On September 27, 2012, the Supreme Court of India delivered the opinion of a bench comprising five Judges on the Presidential Reference regarding the auction of 2G spectrum.

Published in Organizing India Blogspot on October 11, 2012 and in Business Standard on October 4, 2012.

The Supreme Court’s opinion on the Presidential reference[*]dismissed two preposterous claims. One is that it is beyond the ambit of Parliament and the government to formulate economic policies. The second is that the government must allocate resources only through auctions. It’s like the end of a self-destructive nightmare. True, our heedless kleptocracy as a society of rogue politicians, bureaucrats, defence personnel, and complicit citizens, led to this pass. Even so, the anarchic “destructionism” of these claims is as reprehensible as the kleptocracy they seek to tear down. Fortunately, the Supreme Court opinion rose above the populist clamour.

There’s still a mess to clear. The big picture is that the Supreme Court left its decision on spectrum auctions unaddressed. In matters of detail, some points need resolution based on facts. These are discussed below to dispel prevalent myths.

Myth 1: Auctions maximise govt revenues

"Auctions may be the best way of maximising revenue…": paragraph 116 of the opinion. This contravenes the evidence after the National Telecom Policy -99, that revenue-sharing maximises government revenues as well as public benefits. It also ignores the many auction failures.

Consider the evidence: auction revenues foregone were estimated at under Rs 20,000 crore for 1999-2007, because the sector was mired in losses and was unable to provide services effectively or pay those dues. By comparison, actual collections from revenue-sharing by March 2007 were more than double, at Rs 40,000 crore. Collections by March 2010 were Rs 80,000 crore. Current annual contributions to government revenues may be about Rs 18,000 crore on Adjusted Gross Revenues estimated at Rs 1,40,000 crore, plus taxes, amounting to perhaps Rs 36,000 crore.

Re public benefits, access to telephony grew from a few million users in 1999 to about 700 million today (excluding around 250 million shadow subscriptions).

An ameliorating caveat in paragraph 12 states: "…if the State arrives at the conclusion … that maximum revenue would be earned by auction of the natural resource in question, then that alone would be the process", and this is expanded in paragraph 119:

"Where revenue maximisation is not the object of a policy of distribution, the question of auction would not arise. Revenue considerations may assume secondary consideration to developmental considerations."

This has not prevented erroneous conclusions in the press that auctions are the only valid process, notwithstanding that the conditions stipulated in the order, eg, that government’s actions be “fair, reasonable, non-discriminatory”, were always operative, if not adhered to in instances of abuse, as in the 2G scam.

Myth 2: Maximum govt collections are in the public interest

Government collections as the public interest criterion may work for colonial powers extorting revenues from subject states, or possibly for utopias whose political economy is so balanced that such cross-subsidisation works. Developing economies like India presumably can and should seek the welfare of their people. The same populists crusading for maximum government collections accuse governments of corruption and waste. This doesn’t provide a coherent approach to infrastructure, where each capital-intensive sector is configured to deliver a specific service. For instance, the energy sector has to deliver power, while telecommunications must deliver communications services. Neither can be expected to deliver toilets or water. Yet, many well-intentioned people seem to nurture such irrational expectations.

The spectrum and broadband link

The first prerequisite for broadband is high-speed connectivity. The second is reasonably priced services. Our objectives are, therefore: (a) a broadband network, (b) available anywhere (c) at reasonable prices. Our networks are deficient, however, particularly in rural and semi-urban areas. A host of factors are responsible, ranging from limited public sector network rollout, combined with a private sector focus on the most lucrative urban centres, with incentives skewed to voice telephony. Applications need connectivity based on networks that require spectrum.

Problems and solutions

Consider an application like distance education. The need is for networks and services of high quality (followed by the additional requirement of content). What is apparent is that such applications cannot be effective without the connectivity. So we’re back to the need for networks, of fibre where feasible, and wireless elsewhere. This brings us back to the need for spectrum.

Reviewing facts

As regards the facts relating to the 2G judgment deserving review:
The solution the Supreme Court has not considered is that operators need only to use spectrum, for which they can be charged a fee. The evidence of widely available Wi-fi shows that innovation and usage thrive if spectrum is available. The Supreme Court, the government, and the public need to recognise that allocating spectrum to operators is only one way to use spectrum.

There need be no alienation of spectrum at all, if policies allow open access and charge fees. Then, spectrum could be used like any infrastructure network, eg, airports, highways, or rail, on payment of usage charges. The sharing could be in at least two ways. Operators could pool spectrum for collective use. For this, (i) regulations must allow pooling/active facilities sharing, and (ii) operators must agree on terms and procedures. Another way is for mandatory spectrum sharing using the database-driven systems being implemented in the US by Spectrum Bridge and Telcordia. Similar deployments are planned in the UK, the European Union, and in Singapore. The TV white space is shared because this range is available for sharing, and not because other bands cannot be shared.

There are immense societal costs of duplication in capital investments in multiple networks, including the last-mile spectrum access, of operators using dedicated networks with limited passive facilities sharing (such as towers), compared with the benefits of open-access to common networks, if policies changed. These would employ active facilities sharing (equipment, and not just construction) to reduce capital equipment, construction costs, energy for towers, carbon emissions from a more limited physical network, possibly reduced radiation from a rationalised network with small cells with lower-powered equipment, and the multiplier effect on the finite available spectrum.

Enormous productivity benefits could accrue through ICT applications in infrastructure such as smart grids for energy, transportation, education, healthcare, and government services, as well as many commercial applications.

The Supreme Court could also uphold contractual obligations, by discriminating against actual transgressors in the 2G spectrum allocation, while rehabilitating those who operated within the law.

[*].http://supremecourtofindia.nic.in/outtoday/op27092012.pdf

For more details visit https://cis-india.org/telecom/blog/organizing-india-blogspot-october-11-2012-shyam-ponappa-the-supreme-court-delivers

Studying Internet in India: Selected Abstracts

sumandro — 2015-08-28T06:53:33Z

We received thirty five engaging abstracts in response to the call for essays on 'Studying Internet in India.' Here are the ten selected abstracts. The final essays will be published from June onwards.

Deva Prasad M - 'Studying the Internet Discourse in India through the Prism of Human Rights'

Exploring Internet from the perspective of human rights gives rise to the multitude of issues such as right to privacy, freedom of expression, accessibility. Pertinent socio-political and legal issues related to Internet which was widely debated upon in the past one year in India includes lack of freedom of expression on Internet and Section 66A of Information Technology Act, 2000. The recent net neutrality debate in India has also evoked deliberation about the right of equal accessibility to Internet and to maintain Internet as a democratic space. The repercussions of ‘Right to be Forgotten’ law of European Union also had led to debate of similar rights in Indian context. Interestingly all these issues have an underlying thread of human right perspective connecting them and need pertinent deliberation from human rights perspective.

This paper is an attempt to understand and analyze theses issues from the human rights angle and also how they have contributed in evolving an understanding and perspective amongst the digitally conscious Indian’s to ensure the democratic nature of “Internet” is perceived. Moreover, analysis of these three issues would also help in emphasizing upon the need for a right-based approach in studying Internet in India.

Dibyajyoti Ghosh - 'Indic Scripts and the Internet'

Whereas the status of the internet in India is similar to the status of the internet in similar economies with low-penetration and a primarily mobile-based future, an alphabetically diverse nation such as India has its added worries. Whereas the 1990s saw an overdomination of English given the linguistic communities which were developing the world of computers and the world of the internet, by 2015, some of the disparity with offline linguistic patterns has been reduced. However, for Indic scripts, much less development has taken place. If one is studying the internet in India, chances are one is studying it in English.

What does this hold for the future of these Indic scripts? Given the multilingual skills of Indian school-goers and the increasing amount of daily reading time of those connected to the internet (which is somewhere between 12% and 20% of the population) being devoted to reading on the internet, chances are reading is increasingly in English. In this essay, I shall attempt to study the effects this has on the internet population of India, some of which are as follows.

The kind of mimetic desire it causes
The degneration in spelling skills caused due to transliteration
The effacement of non-digitised Indic verbal texts

Divij Joshi - 'The Internet in the Indian Judicial Imagination'

The first mention of the 'Internet' in the vocabulary of Indian judicial system was a fleeting reference to its radical capability to allow access to knowledge. In one of its most recent references, it expounded upon and upheld the idea of the Internet as a radical tool for free expression, announcing its constitutional significance for free speech.

The judicial imagination of the Internet – the understanding of its capabilities and limitations, its actors and constituents, as reflected in the judgements of Indian courts – plays a major role in shaping the Internet in India, both reflecting and defining conceptions of the Internet and its relationship with society, law, and public policy.

This essay is an attempt to use legal and literary theory to study the archives of judicial decisions, tracing the history of the Internet in India through the lens of judicial trends, and also to look at how the judiciary has defined its own role in relation to the Internet. It attempts a vital study of how courts in India have conceptualized and understood the Internet, and how these conceptions have, in turn, impacted the influence of the Internet on Indian society.

Ipsita Sengupta

The proposed essay will make observations of a specific kind of conversation that takes place on the social media platform of YouTube. The conclusive argument is imagined along questions of high versus low culture, as described below.

Under study are two objects- one, particular YouTube videos which play Rabindra-Sangeet, i.e. songs penned and composed in the late 19- early 20th centuries by the Bengali writer and artist Rabindranath Tagore, the body of work which today has become a genre of Indian music; and the second, comments that these videos receive from users of the site.

Visuals of YouTube song videos of Rabindra-Sangeet are of many kinds. So are renditions, with solitary or duet or band performances, and with varying pace and instrumental accompaniment.

The videos which have visuals from contemporary cinema, like images of urban youth, and the remixed renditions have often been found to receive comments which reflect/ reveal hurt sentiments of people trying to preserve some kind of sanctity of Rabindra-Sangeet, comments which state how the ethics of presenting the genre have been violated, via their notation and design, by either makers of the film in the song’s incorporation, or by the way young pop stars have been placed in particular montages.

Some examples:

In such a scenario, YouTube as medium of user-generated expression becomes interesting to analyse individual and group dynamics- given the space for commenting (below the video), and statistical data such as “Likes”, “Dislikes”, and “Views”. The debate here is that in Tagore’s “Nationalism”, when he himself is seen to have an imagination of the human race beyond patriotic groupings and consequent othering, does this apparent need to avoid “insulting” his compositions by preserving an intangible art form in a particular way, become then a type of jingoism of region or identity? And what is this Benjaminian “aura” of the “original” that listeners look for in their experience of these videos?

Laird Brown - 'Dharamsala Networked'

Three hours after regulations governing public access to WiFi in India were changed in 2005 the first router went up in Dharamsala. It was homemade, open source, and eventually, “monkey proof.” Something unimaginable had happened: high-speed Internet access in one of India’s most difficult physical geographies. Dharamsala has also become one of India's interesting information networks and has a burgeoning, unlikely 'tech scene’. But is it so unlikely?

Since 1959 Dharamsala has been home to the Dalai Lama, the Tibetan people and, government in exile. This single, significant incident possibly set in motion a number of factors that made it possible for the mountain-town to become a political, global, communications. However, much like the rest of India, the region struggles for human and environmental rights against fractured ideas of 'development'. This essay will draw on archives and interviews to unpack this microcosmic tale of Internet access, its histories and economics and the factors at play in shaping it - mundane and maverick, familiar and outlier.

Maitrayee Deka - 'WhatsApp Economy'

Everyone around us is connected to the Internet through some or other electronic devices, phones, laptops, and tablets. However, not everyone use Internet for the same purpose. Through an ethnographic account of the usage of WhatsApp messages by the traders in three electronic bazaars in Delhi, Palika Bazaar, Nehru Place and Lajpat Rai Market, we see how Internet on the phone is used predominantly for business purpose. The paper seeks to examine how Whatsapp messages, which are for most of the users a medium for social communication, for the traders in Delhi, become a mode to establish business contact with their counterparts in China. From sharing of pictures of new tools to quoting prices of different products, Whatsapp messages become the lifeline of what many has termed as ‘globalization from below’. This paper argues what has started as economic exchanges through Whatsapp messages may start a new political alliance of similar mass markets in Asia. With the electronic bazaars in Delhi facing stiff competition from formal business actors both online and offline, the WhatsApp messages that is a space of new innovations and trade alliances could sustain the mass markets in India.

Purbasha Auddy - 'Citizens and their Internet'

Suddenly it seems internet data package on mobile phones is the reply to the problems in India. As mobile phones remain with us most of the time, it is as if we are ready to face the world if our mobile phones have a data package. Yes, several television commercials in India are gleefully harping on the notes of knowledge, empowerment and freedom. Moreover, internet is being identified as a virtual institution.

The essay proposes to look into those advertisements which talk about the internet to promote data packages, mobile phones or apps. Through this, the essay firstly, would like to construct the idea of the internet using the Indian citizen who is depicted as smart and almost infallible. Secondly, on the other hand, the essay would analyse how an affirmative and constructive view of using the internet in the minds of citizens has been generated by these advertisements, like the virtual world of the internet can save you from any drastic situation.

Advertisements are creative constructs, which have a strong aptitude to entice target consumers. While studying the internet in India, studying the ‘texts’ of Indian advertisements which refer to the act of ‘consuming’ the internet could result in an interesting study.

Sailen Routray - 'The Many Lives and Sites of Internet in Bhubaneswar'

Those of us who have jumped or meandered across to the wrong (or perhaps the right) side of thirty by now, first came to consume internet in what were called, and are still called, cyber cafes or internet cafes. Their numbers in big Indian cities is dwindling because of the increasing ubiquity of smartphone, and netbooks and data cards. The cyber café seems to be inexorably headed the way of the STD booth in the geography of large Indian cities. The present paper is a preliminary step towards capturing some of the experience of running and using internet cafes. With ethnographic fieldwork with cyber café owners and internet users in these cafes in the Chandrasekharpur area of Bhubaneswar (where the largest section of the computer industry in the state of Odisha is located), this paper tries to capture experiences that lie at the interstices of ‘objects’ and spaces - experiences that are at the same time a history of the internet as well as a personal history of the city.

Sarah McKeever - 'Quantity over Quality: Social Media and the New Class System in India'

From the humblest mobile phones to the most sophisticated computers, the Internet is everywhere and nowhere in India. The boundaries, the contours of the space remain nebulous and opaque. When engaging with social media in urban India in particular, we are bound to the conventions of corporations which demand quantity over quality creating a new class system of the Internet: those who are “active” – and therefore a “better” user – and those who have seemingly failed to keep up with the demands of the medium, buried in the ever‐growing noise and chaos. The creation of a new class system on the Internet, based on Western corporate desire for data, has shaped who is seen and heard on the Internet in India.

Based on fieldwork in New Delhi which examines the impact of the Internet on offline social movements – including the anti corruption movement in 2011 and the Delhi Rape Case in 2012 – I will argue that the study of the Internet in India can reinforce Western corporate conceptions of how to use the Internet properly among various users involved in the movements. By challenging these preconceptions, this essay will engage with issues of Western corporate notions of Internet use and how we engage with and find participants, how we evaluate what is “good” use of the Internet, and the creation of a new class system on the Internet in India.

Smarika Kumar - 'Governing Speech on the Internet: Transforming the Public Sphere through Policymaking'

In the privatised spaces of the World Wide Web and the internet, how does one make sense of speech? Should speech in such a space be understood as the product of a marketplace of ideas? Or should its role in democratic participation be recognised by contextualising the internet as part of the Habermasian public sphere? These questions have interesting implications for the regulation of speech on the internet, as they employ different principles in understanding speech. Recent scholarship has argued for the benefits of employing the public sphere approach to the internet and thus recognising its democratic potential. But taking into account that all speech is inherently made in private spaces on the internet, the application of this approach is far from simple.

This creates a tension between the marketplace of ideas and the public sphere approaches to speech on the internet in policymaking. I propose to explore how legal and regulatory mechanisms manage these tensions by creating governance frameworks for the internet: I argue that through the use of policy and regulation, the private marketplace of the internet is sought to be reined in and reconciled to the public sphere, which is mostly represented through legislations governing the internet. I propose that this less-than-perfect reconciliation then manages to modify the very idea of the public sphere itself in the Indian context, by infusing participation of the "other" on the internet through indirect means.

For more details visit https://cis-india.org/raw/studying-internet-in-india-selected-abstracts

From Taboo to Beautiful - Menstrupedia

denisse — 2015-10-24T14:25:59Z

On this post, we take a look at 'menstrual activism' -a movement that despite its trajectory in feminism, remains unnoticed in most accounts of traditional and digital activism. We interview Tuhin Paul, the artist and storyteller behind Menstrupedia, an India-based social venture creating comics to shatter the myths and misunderstandings surrounding menstruation around the world.

CHANGE-MAKER: Tuhin Paul, Aditi Gupta and Rajat Mittal
ORGANIZATION: Menstrupedia
METHOD OF CHANGE: Storytelling and comics
STRATEGY OF CHANGE: To shatter the myths and misunderstandings surrounding
 menstruation, by delivering accessible, informative and entertaining 
 content about menstruation through different media.

Most of us think we know what menstruation is; except...we don’t. Many of my male friends still cringe at the mention of the phrase “I’m on my period”, or use it as a derogatory justification for my occasional cranky mood at the office: “It’s that time of the month, isn’t it?” Poor menstruation has been the culprit of femininity; always bashful, tiptoeing for five days straight, trying its best to remain incognito. The social venture Menstrupedia is committed to change this. Aditi, Tuhin and Rajat want to shift how we look at menstruation and remove the stigma that haunts the natural, self-regulation process women undergo to keep their bodies healthy and strong to sustain life in the future.

Now, if you are already wondering what menstruation has to do with internet and society, just wait for it. This post manages to bring art, punk, menstruation and technology together, all within the scope of the Making Change project! Before though, we shall start with some definitions. Let us first lay conceptual grounds about menstruation and Menstrupedia, to then locate and unpack their theory of change.

What is menstruation?

It can be defined as:

Menstruation is the periodic discharge of blood and mucosal tissue (the endometrium) from the uterus and vagina. It starts at menarche at or before sexual maturity (maturation), in females of certain mammalian species, and ceases at or near menopause (commonly considered the end of a female's reproductive life).

And it looks something like this:

But, I believe, most women will agree the following are much more accurate depictions of the spectrum of thoughts, emotions and sensations that menstruation spurs:

The Beauty of RED

My Periods: A Blessing or a Curse

By Naina Jha

My periods
Are a dreadful experience
Because of all the pain.
Myths and secrets make it a mystery
What worsens it most though, are members of my family
Especially my mother, who always make it a big deal
They never try to understand what I truly feel
I face all those cramps and cry the whole night long
None of which is seen or heard or felt by anyone.

Instead of telling me, what it is,
They ask me to behave maturely instead.
Can somebody tell me how I am supposed to
Naturally accept it?
My mother asks me to stay away from men
And a few days later, she asks me to marry one!
When I ask her to furnish
the reason behind her haste
She told me that now that I was menstruating,
I was grown up and ready to give birth to another.

I don’t know whether to feel blessed about it
Or consider it to be my curse.
For these periods are the only reason for me to be disposed.
Since my childhood, I felt rather blessed to be born as a girl
But after getting my periods now,
I’m convinced that it’s a curse...

Find it in Menstrupedia's blog.

Despite all this, it is still perceived as a social stigma in society. There is clearly a dissonance between the definition, experience and perceptions around menstruation, that calls for a reconfiguration of the information we are using to define it.

Stigma as a Crisis

However, re-defining 'menstruation' is no popular or easy task. The word belongs to a group of contested terminology around womanhood and is the protagonist of its own breed of feminist activism: menstrual activism. [1] Although I would consider many of the stigmas surrounding menstruation to be quite self-explanatory (we've all experienced and perpetuated them in one way or another -and if they are not, then you are the product of an obscenely progressive upbringing for which I congratulate your parents, teachers and all parties involved), I will still outline the main reasons why menstruation is a source of social stigma for women, and refer to scholarly authority on the subject to legitimize my rant.

Ingrid Johnston-Robledo and Joan Chrisler use Goffman's definition of stigma [2] on their paper: The Menstrual Mark: Menstruation as a Social Stigma to explain the misadventures of menstruation:

Stigma: 
stain or mark setting people apart from others. it conveys the information 
that those people have a defect of body or of character that spoils their 
appearance or identity

Among the various negative social constructs deeming menstruation a dirty and repulsive state, this one made a particular echo: “[menstruation is] a tribal identity of femaleness”. Menstruation is the equivalent of a rite of passage marking the lives of girls with a 'before' and an 'after' on how the world sees them and how they see themselves. From the dreaded stain on the skirt and the 5-day mission to keep its poignant color and smell on the down low, to having to justify mood and body swings to the overly inquisitive; menstruation is imagined as inconvenient, unpleasant and unwelcome. As Johnston-Robledo and Chrisler point out: the menstrual cycle, coupled with stigmas, pushes women to adopt the role of the “physically or mentally disordered” and reinforce it through their communication, secrecy, embarrassment and silence (Kissling, 1996).

Why does it matter?

Besides from strengthening attitudes that underpin gender discrimination and attempting against girls' self-identity and sense of worth, there are other tangible consequences for their development and education. I'm going to throw some facts and figures at you, to back this up with the case of India.

An article published by the WSSCC, the Geneva based Water supply and Sanitation Council, shows the Menstruation taboo, consequence of a “patriarchal, hierarchical society”, puts 300 million women at risk in India. They do not have access to menstrual hygiene products, which has an effect on their health, education (23% of girls in India leave school when they start menstruating and the remaining 77% miss 5 days of school a month) and their livelihoods.

In terms of awareness and information about the issue, WSSCC found that 90% didn't know what a menstrual period was until they got it. Aru Bhartiya's research on Menstruation, Religion and Society, shows the main sources of information about menstruation come from beliefs and norms grounded on culture and religion. Some of the related restrictions (that stem from Hinduism, among others) include isolation, exclusion from religious activities, and restraint from intercourse. She coupled this with a survey where she found: 63% of her sample turned to online sites over their mothers for information, 62% did not feel comfortable talking about the subject with males and 70% giggled upon reading the topic of the survey. All in all, a pretty gruesome scenario

Here's where Menstrupedia comes in

The research ground work attempted above was done in depth by Menstrupedia back in 2009 when the project started taking shape. They conducted research for one year while in NID and did not only find that awareness about menstruation was very low, but that parents and teachers did not know how to talk about the subject.


							Facts about menstruation awareness in India. Video courtesy of Menstru pedia Youtube channel.

Their proposed intervention: distribute an education visual guide and a comic to explain the topic. They tested out the prototype among 500 girls in 5 different states in Northern India and the results were astonishing.

A workshop conducted by MJB smriti sansthan to spread awareness about mensuration.
Find full album of Menstrupedia Comic being used around India on Menstrupedia's Facebook page.

"To my surprise, they [the nuns] all agreed that until they read the information given in the Menstrupedia comic, even they were of the opinion that Menstruation was a ‘dirty’ and 'abominable' thing and they wondered 'why women suffered from it in the first place'? But after reading the comic book, their view had changed…now they felt that this was a 'vital' part of womanhood and there's nothing to feel ashamed about it! The best part was while this exercise clarified their ideas, beliefs, concepts about menstruation, it also helped me to get over my innate hesitancy to approach such a sensitive issue in ‘public’ and boosted my confidence for taking this up as a 'mission' to reach out to the maximum possible girls across the country."

Ina Mondkar,
on her experience of educating young nuns about menstruation.

Testimonial after a workshop held in two Buddhist monasteries in Ladakh.

Their mandate today reads: ‘Menstrupedia is a guide to explain menstruation and all issues surrounding it in the most friendly manner.’ They currently host a website with information about puberty, menstruation, hygiene and myths, along with illustrations that turn explaining the process of growing up into a much friendlier endeavour than its stigma-ladden alternatives.

Snipbit of the first chapter. Read it for free here.

Through the comic and the interactions around it, Menstrupedia strives to create a) content that frame menstruation as a natural process that is inconvenient, yes; but that should have no negative effects on their self-esteem and development; and b) an environment where girls can talk about it openly and clarify their doubts.

Technology's role in the mix

"We want to reach out to as many girls as possible”. Tuhin, Menstrupedia

The role of digital technologies basically comes down to scalability. Opposite to The Kahani Project's views on scaling up, Menstrupedia makes emphasis on using technology to reach a larger audience. Currently they have a series of communication channels enabled by technology that include: a visual quick guide, a Q&A forum (for both men and women), a blog (a platform of self-expression on menstruation), a you tube channel (where they provide updates on their progress) and the upcoming comic.

Upon the question of the digital divide and whether this expands the divide between have and have nots, Tuhin was very set on the idea of producing the same content in both its digital and print form. “parents or schools should be able to buy the comic and give it to their daughters, so whenever they feel like it, they can refer to it”. The focus is on making this material as readily available as possible, in order to overcome the tension between new and old information: “workshops are conducted but the moment they go back home, their mothers impose certain restrictions. It becomes a dilemma. But if you provide [The girl] with a comic book, she has something she can take home and educate her mother with”

And here's why it works

More than the comic book itself, what is truly remarkable about Menstrupedia is Tuhin, Rajat and Aditi’s guts to pick up such a problematic theme in the Indian social imaginary and challenge the entrenched, stubborn beliefs surrounding the issue. The comic book, asides from being appealing to the eye and an accessible format of storytelling (a method we have unpacked in previous posts), fits right into the movement of menstrual activism and what it stands for.

“We thought of creating something: a tool that can help girls understand menstruation without having to rely on anybody else”. Tuhin, Menstrupedia

First, it is a self-reliant resource. Once the comic book leaves Menstrupedia's hands and lands on those of kids and adults, it takes its own journey. The format of the comic is accessible enough for someone to pick it up and learn about menstruation without the intervention or the support of a third party. This makes Menstrupedia's comic highly flexible and mobile. It can be shared from teacher to child, from mom to daughter, from peer to peer: “[it should teach] how to help your friends when they get their period” (Tuhin) However, it has the autonomy to also take roads less travelled: from mom to dad, from child to teacher, from boy to girl. The goal at the end of the day: a self-reliant, solidarity-based community where information circulating about menstruation highlights its capacity to give life and overshadows its traditional stigmatized identity.

This self-reliance is characteristic of previous manifestations of menstrual activism. Back in the 80s, the feminist movement, tightly linked to punk culture, embraced the do it yourself movement,[3] that enabled women to materialize personalized forms of resistance. They published zines promoting “dirty self-awareness, body and menstrual consciousness and unlearning shame” through “raw stories and personal narratives” (Bobel, 2006). According to Bobel using the self as an example is a core element in the “history of self-help” within the DIY movement. The role of the Menstrupedia blog is then crucial to sustain the exposure and production of “raw narratives”. Tuhin adds: “We don't write articles on the blog. It is a platform where people from different backgrounds write about their experiences with menstruation and bring in a different perspective”: For example,

Red is my colour by Umang Saigal

Red is my colour,
To make you understand, I endeavour,
Try to analyse and try to favour.
It is not just a thought, but an attempt,
To treat ill minds that are curable.

When I was born, I was put in a red cradle,
I grew up watching the red faces for a girl-children in anger,
Red became my favourite,
But I never knew,
That someday I would be cadged in my own red world.

Red lover I was,
All Love I lost,
When I got my first red spots,
What pain it caused only I know,
When I realized, Red determined my ‘class’

I grew up then, ignoring red,
At night when I found my bedsheet wet,
All day it ached,
All day it stained,
And in agony I would, turn insane.

At times I would think,
Does red symbolize beauty or pain?
But when I got tied, in the sacred knot,
I found transposition of my whole process of thought,
When from dirty to gold, Red crowned my bridal course.

As I grew old,
All my desires vanished and got cold,
My mind still in a dilemma,
What more than colour in itself could it unfold?
What was the secret behind its truth untold?

Is Red for beauty, or is it for beast?
It interests me now to know the least,
All I know is that Red is a Transition,
From anguish to pride
Red is a sensation.

Red is my colour, as it is meant to be,
No matter what the world thinks it to be,
No love lost, one Love found,
Red symbolizes life and also our wounds,
I speak it aloud with life profound,
That red is my colour, and this is what I’ve found.

Submission to the Menstrupedia blog

'Self-expression' is not a concept we usually find side by side with 'menstruation'; however, if we look at what has been done in the past, we find that Menstrupedia is actually contributing to a much larger tradition of resistance. For instance, Menstrala, by the American artist Vanessa Tiegs. Menstrala is the name of a collection of 88 paintings “affirming the hidden forbidden bright red cycle of renewal”.

Another interesting example is American feminist Gloria Steinem's[4] text If Men Could Menstruate.

“What would happen, for instance, if suddenly, magically, men could menstruate and women could not?
The answer is clear:
Menstruation would become an enviable, boast worthy, masculine event:
Men would brag about how long and how much.
Boys would mark the onset of menses, that longed- for proof of manhood,with religious and stag parties.”

Gloria Steinem
[excerpt]

Opportunities like these, enable Menstrupedia's community to actively participate in the reconfiguration of 'menstruation' as a concept and as an experience. By exposing new narratives and perspectives on the issue and by disseminating menstrual health information, the community is able to crowd source resistance and dismantle the stigma together.

Making Change through Menstrupedia

The case of Menstrupedia reminds us of Blank Noise because of its approach to change. Both locate their crises at the discursive level and seek to resolve them by creating new forms of meaning-making. They advocate for a reconsideration of 'givens', for a self-reflection on our role perpetuating these notions and for resistance against conceptual status quos: be it socially accepted culprits like 'eve-teasing', or more discrete rejects like 'menstruation'. Both seek to dismantle power structures that give one discourse preference over others, and both count with a strong gender dynamic dominating the context where these narratives unfold. They are producing a revolution in our system of meaning making, yet only producing resistance in the larger societal context they inhabit.

On the question of where is Menstrupedia's action located, Tuhin replied by pinning it at the individual level: “if a person is aware of menstruation and they know the facts, they are more likely to resist restrictions and spread awareness”. However, they still acknowledge the historicity behind menstrual awareness (as knowledge passed down from generation to generation) that precedes the project. While the introduction of Menstrupedia, to an extent, does shake up household dynamics in terms of content, it also provides tools and resources to sustain the traditional model of oral tradition and knowledge sharing within the community.

In terms of their role as change-makers ,Tuhin stated that the possibility to intervene was a result of their socio-economic status and the resources they had at hand as “educated members of the middle class with access to information and communication technologies”. Is this the role the middle class should play? I asked. To which he gave a two fold answer: First, in terms of responsibility of action: “it is a role that anyone can play depending on what kind of expertise they have. It comes to a point where [intents of change] cannot be sustained by activism if you want to achieve long term impact” And second, in terms of setting up a resilient infrastructure: “I believe we can create an infrastructure people can use and create models that can help low income groups overcome their challenges and become self-sustainable.” Both answers highlight the need for sustainability in social impact projects, hinting a retreat from wishful thinking upon the presence of technology and a more strategic allocation of skills and resources by middle class and for-profit interventions.

As far the relationship between art, punk, menstruation and technology goes; that was just a hook to get you through the unreasonable length of my blog post, but if anything, it represents an effort to portray the importance of contextuality and interdisciplinary we have been exploring throughout the series. Identifying the use of various mediums and language systems, such as different art forms and modes of self-expression, as well the acknowledgement of the theoretical and social contexts preceding and framing the project, as is feminist activism and the cultural and religious backdrop in India, contribute immensely to fill gaps in the stories of how we imagine change making today; especially at the nascence of new narratives, as we hope is the case for menstruation in a post-Menstrupedia era.

Sources:

Bhartiya, Aru: “Menstruation, Religion and Society” IJSSH: International Journal of Social Science and Humanity. Volume: Vol.3, No.6.

Bobel, Chris. "“Our Revolution Has Style”: Contemporary Menstrual Product Activists “Doing Feminism” in the Third Wave." Sex Roles 54, no. 5-6 (2006): 331-345.

Johnston-Robledo, Ingrid, and Joan C. Chrisler. "The menstrual mark: Menstruation as social stigma." Sex roles 68, no. 1-2 (2013): 9-18.

Footnotes

[1] Refer to Chris Bobel's work including New Blood: Third-Wave Feminism and the Politics of Menstruation. Access it here

[2] Johnston Robledo and Chrisler made reference to Erving Goffman's 1963 work: Stigma: Notes on the management of spoiled identity. "According to Goffman (1963), the word stigma refers to any stain or mark that sets some people apart from others; it conveys the information that those people have a defect of body or of character that spoils their appearance or identity Goffman (1963, p. 4) categorized stigmas into three types: "abominations of the body” (e.g., burns, scars, deformities), “ blemishes of individual character” (e.g., criminality, addictions), and “tribal” identities or social markers associated with marginalized groups (e.g., gender,race, sexual orientation, nationality)".

[3] For a short run through on DIY as part of the Punk Subculture, refer to Ian P. Moran's paper: Punk - The Do-it-Yourself culture."Punk as a subculture goes much further than rebellion and fashion as punks generally seek an alternative lifestyle divergent from the norms of society. The do-it-yourself, or D.I.Y. aspect of punk is one of the most important factors fueling the subculture." Access it here.

[4] Gloria Steimen is a journalist, and social and political activist who became nationally recognized as a leader of, and media spokeswoman for, the women's liberation movement in the late 1960s and 1970. Visit her official website here.

For more details visit https://cis-india.org/digital-natives/making-change/menstrupedia-taboo-beautiful

The Right of Persons with Disabilities Bill 2013 and the Lack of Access to Accessibility Rights

salelkar — 2014-02-03T02:21:45Z

The Rights of Persons with Disabilities Bill, 2013 (The RPD Bill) went through three avatars since its commissioning in 2009 under the Sudha Kaul Committee. This blog post brings you a summary of the three stages since it was initially commissioned.

The first was the one the Committee proposed in 2011, after consultations with persons with disabilities and Disabled People's Organizations across the country; the second was notified by the Ministry of Social Justice and Empowerment in 2012, which was in parts opposed to by several stakeholders; and the third, the RPD BIll of 2013, has actually brought the entire disability lobby, as it were, together, in being entirely appalled at the turn of events. The Bill, which is being furiously evaluated in the short time available between its being made available to the public and its impending introduction (and possible passing in the House), is full of flaws. Not only does it not adhere to the standards of the UNCRPD, but it also violates the spirit of the Indian Constitution, as well as contradicting existing case law, and most importantly it betrays the consensus and recommendations of persons with disabilities who were initially part of these recommendations.

Doubtlessly, while access to government establishments and entities like courts, collectorates, municipal offices, is important for persons with disabilities, there are other establishments which are equally important for persons with disabilities, for purposes of recreation, access to culture, and private services. I've made the point elsewhere that the law proposed is less of an empowering statute and more on the lines of the charity model – and in line with that, the indication is that persons with disabilities will only ever have to come in contact with the government and other entities, so they can enforce rights, take grants, petition government servants, etc. But if the statute itself is rights based, why so much focus on access to forums for rights enforcement, and not on others beyond this?

While they did have their flaws, the 2011 and 2012 versions of the Bill, which had rather comprehensive provisions with regard to ensuring accessibility. To start with, the right of persons with disabilities, on an equal basis with others to the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas, was recognized. The RPD Bill recognizes the obligation of the government to provide accessibility measures, but by now wording it in terms of a right, it does not do complete justice. The 2011 and 2012 drafts were replete with separate sections on the right to transport, personal mobility, communications, services, the built environment, etc. On the other hand, the RPD Bill clumsily lops all of these into a few sections, with repeated emphasis on infrastructure and services run by "establishments", which is, in effect, the government. There is no mention of website accessibility, though a cursory mention is made to the appropriate government ensuring that all contents available in audio, print and electronic media are in accessible format; and that persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning. Again, the ambiguity as to whether this extends to websites which are not run by the government, is not clear.

There is another aspect to accessibility which is lost under the Act by its failure to recognize it as a right. A senior person in the sector, who is blind, told me of an instance where he was barred from entering a bar with some friends. "You won't be able to tell what the bill is or how many drinks you've had", said the manager. He was therefore, being discriminated against entering a place, solely on the grounds of his disability. Persons who have been cured of leprosy are denied access to transport and other public facilities on the basis of outdated statutes. Persons who use crutches and calllipers are denied entry to religious places. The understanding of the Bill on accessibility is extremely limited, and limited to the built environment of government establishments, and this does nothing to extend the rights of persons with disabilities. Groups which are forwarding non negotiables for amendments to the Bill do not consider, at present, the right to accessibility to be a non negotiable. I do wonder, however, whether any of the other rights make sense when express and implied bars to access exist and are effectively encouraged, under this proposed law.

For more details visit https://cis-india.org/accessibility/blog/rights-of-persons-with-disabilities-bill-2013-and-lack-of-access-to-accessibility-rights

Wikisource Handbook for Indian Communities

Bodhisattwa Mandal and Ananth Subray P. V. — 2018-09-19T02:18:40Z

Wikisource is one of the trending Wikimedia projects. Many new editors and new books to Indic language Wikisource's get added over a period of time. However, new editors as well as existing editors face numerous problems while working with the content online. The Centre for Internet & Society's Access to Knowledge (CIS-A2K) team, to help the editors, has created this Handbook. CIS invites feedback to the first draft of this Handbook. CIS-A2K will continue to work with the Wikipedia communities to improve their efforts towards developing Wikisource.

Preface

Currently, CIS-A2K is working with five Indian-languages Wikimedia communities (Kannada, Konkani, Marathi, Odia, and Telugu) and one focus project area (Wikisource with punjabi community). While working with the above mentioned Indic Wikimedia communities, we noticed that there are many similarities between the issues and challenges faced by these communities. So, we decided to create this “Wikisource Handbook for Indian Communities”.

At first, we went through the Wikisource of each language and noted the status. Then we talked to Indic Wikipedians to know more about the Wikisource related issues that they are facing. We also asked for the feedback on the first draft of this handbook. Our actual work will start after the release of this book, when we’ll work with the communities to improve their efforts towards developing Wikisource.

Click to download the Wikisource Handbook for Indian Communities co-authored by Bodhisattwa Mandal and Ananth Subray P V. with graphics support from Saumya Naidu.

For more details visit https://cis-india.org/a2k/blogs/wiki-source-handbook-for-indian-communities

Silicon Plateau: Volume Two

sneha-pp — 2019-03-13T01:01:27Z

Silicon Plateau is an art project and publishing series that explores the intersection of technology, culture and society in the Indian city of Bangalore. Each volume of the series is a themed repository for research, artworks, essays and interviews that observe the ways technology permeates the urban environment and the lives of its inhabitants. This project is an attempt at creating collaborative research into art and technology, beginning by inviting an interdisciplinary group of contributors (from artists, designers and writers, to researchers, anthropologists and entrepreneurs) to participate in the making of each volume.

Download the book: Epub and PDF

Silicon Plateau Volume 2 explores the ecosystem of mobile apps and their on-demand services. The book investigates how apps and their infrastructure are impacting our relationship with the urban environment; the way we relate and communicate with each other; and the way labour is changing. It also explores our trust in these technologies, and their supposed capacity to organise things for us and make them straightforward—while, in exchange, we relentlessly feed global corporations with our GPS data and online behaviours.

The sixteen book contributors responded to a main question: what does it mean to be an app user today—as a worker, a client, or simply an observer?

The result is a collection of stories about contemporary life in Bangalore; of conversations and deliberations on how we behave, what we sense, and what we might think about when we use the services that are offered to us on demand, through just a tap on our mobile screens.

Website: siliconplateau.info

Contributors

Sunil Abraham and Aasavri Rai, Yogesh Barve, Deepa Bhasthi, Carla Duffett, Furqan Jawed, Vir Kashyap, Saudha Kasim, Qusai Kathawala, Clay Kelton, Tara Kelton, Mathangi Krishnamurthy, Sruthi Krishnan, Vandana Menon, Lucy Pawlak, Nicole Rigillo, Yashas Shetty, Mariam Suhail

Editors

Marialaura Ghidini and Tara Kelton

Publisher

Institute of Network Cultures, Amsterdam, in collaboration with the Centre for Internet and Society, India, 2018. ISBN: 978-94-92302-29-8

Book and Cover Design

Furqan Jawed and Tara Kelton

Copyediting

Aditya Pandya

Supported by

Jitu Pasricha, Bangalore; Aarti Sonawala, Singapore; and the Centre for Internet and Society, India.

Cross-posted from Institute of Network Cultures.

For more details visit https://cis-india.org/raw/silicon-plateau-volume-two

Welcome to r@w blog!

sneha-pp — 2019-01-02T11:48:04Z

We from the researchers@work programme at the Centre for Internet and Society (CIS) are delighted to announce the launch of our new blog, hosted on Medium. It will feature works by researchers and practitioners working in India and elsewhere at the intersections of internet, digital media, and society; and highlights and materials from ongoing research and events at the researchers@work programme.

r@w blog: Visit (Medium)

A space for reflections on internet and society, r@w blog is also an attempt to facilitate conversations around contemporary debates and foster creative engagement with research and practice through text, images, sounds, videos, code, and other media forms offered by the internet.

r@w blog opens with an essay on ‘Information Offline: Labour, Surveillance, and Activism in the Indian IT & ITES Industry’ by Rianka Roy - as part of an essay series exploring social, economic, cultural, political, infrastructural, and aesthetic dimensions of the "offline" - and audio recording from a session titled #ILoveYou by Dhiren Borisa and Dhrubo Jyoti, which was part of the Internet Researchers’ Conference 2018 - #Offline.

We will publish our (including commissioned/supported) writings and works on this blog, as well as submitted and compiled materials. Please write to raw[at]cis-india[dot]org to submit your works to be considered for publication. Copyright to all material published on this blog are owned by CIS and author(s) concerned, and they are shared under Creative Commons Attribution 4.0 International license.

For more details visit https://cis-india.org/raw/welcome-to-raw-blog

Centre for Internet and Society

Grounds for Compulsory Patent Licensing in United States, Canada, China, and India

Spy Files 3: WikiLeaks Sheds More Light On The Global Surveillance Industry

So what do the latest Spy Files reveal about India?

ISS World Surveillance Trade Shows

ClearTrail Technologies

And what do the latest Spy Files mean for India?

Spy Files 3...and the Central Monitoring System (CMS)

Spy Files 3...and the legality of India’s surveillance technologies

Spy Files 3...and human rights in India

The Fundamental Right to Privacy: An Analysis

The​ ​Fundamental​ ​Right​ ​to​ ​Privacy - Part​ ​I:​ ​Sources

Download: PDF

The​ ​Fundamental​ ​Right​ ​to​ ​Privacy - ​Part​ ​II:​ Structure

Download: PDF

The​ ​Fundamental​ ​Right​ ​to​ ​Privacy - Part​ ​III:​ Scope

Download: PDF

Technology, Social Justice and Higher Education

Peer-to-Peer Technologies

The Costs of Belonging

The Need for Diversity

Peer-to-Peer (P2P) Learning

National Resource Kit : The Kerala Chapter (Call for Comments)

Statistics

Ministries and Departments

Government run Organisations

Legal Provisions

Government Orders

Special Schools and Vocational Training Centres

Non Governmental Organisations for Persons with Disabilities

Dataset: Patent Landscape of Mobile Device Technologies in India

Using this dataset:

CIS - A2K Work Plan: July 2016 - June 2017

CIS-A2K responses towards Indic communities concerns

Background to CIS-A2K Program

Objective

Context

Methodology

Performance against plans and projected targets

Language Area Work Plans

Community Strengthening Initiatives

Creating Movement Resources

General Support and Service to the Movement

Learning and Evaluation

Reports

Monthly Review and Learning Sessions

Budget

Feedback

Consultation on 'National Geospatial Policy' - Notes and Submission

National Geospatial Policy - Pre-Drafting Consultation Meeting

National Geospatial Policy - Concept Note

Notes from the Meeting

Key Concerns about the NGP Concept Note

Endnotes

The Supreme Court Delivers

Myth 1: Auctions maximise govt revenues

Myth 2: Maximum govt collections are in the public interest

The spectrum and broadband link

Problems and solutions

Reviewing facts

Studying Internet in India: Selected Abstracts

Deva Prasad M - 'Studying the Internet Discourse in India through the Prism of Human Rights'

Dibyajyoti Ghosh - 'Indic Scripts and the Internet'

Divij Joshi - 'The Internet in the Indian Judicial Imagination'

Ipsita Sengupta

Laird Brown - 'Dharamsala Networked'

Maitrayee Deka - 'WhatsApp Economy'

Purbasha Auddy - 'Citizens and their Internet'

Sailen Routray - 'The Many Lives and Sites of Internet in Bhubaneswar'

Sarah McKeever - 'Quantity over Quality: Social Media and the New Class System in India'

Smarika Kumar - 'Governing Speech on the Internet: Transforming the Public Sphere through Policymaking'

From Taboo to Beautiful - Menstrupedia

What is menstruation?

The Beauty of RED

My Periods: A Blessing or a Curse

Stigma as a Crisis

Why does it matter?

Here's where Menstrupedia comes in

Technology's role in the mix

And here's why it works

The Fundamental Right to Privacy - Part I: Sources

The Fundamental Right to Privacy - Part II: Structure

The Fundamental Right to Privacy - Part III: Scope