Centre for Internet and Society

Google to change privacy policy to use personal info of users

praskrishna — 2012-01-30T05:03:55Z

It is a warning for users of Google and other Social Networking sites. Who are using these sites for searching anything they want to know and sharing their personal life with friends, colleagues and relatives. If you have ever used Google for searching any place, restaurant or shared information about your personal life with your friends on Google and other social networking sites, or you have watched adult stuff on YouTube, if your answer is yes, Google knows about it. And according to its new privacy policy Google is going to put this information to some use. Sheetal Ranga's article was published in Punjab Newsline on 27 January 2012.

It is claimed by the web enormous that according to new privacy policy, better service will be provided to its users, including more relevant search results. And other side the web experts have expressed their concerns over potential misuse of data and defy of privacy. Google's new privacy policy will come into effect from 1 March 2012, said by Google.

Google provide service which will be shorter and easier to read and something that will enable it to create spontaneous experience across Google. Google had allowed users to choose personalized services; “unlike” this time there is no option to pick for the users.

The new policy of Google has made some people anxious over their privacy issues. The new policy is being adopted by Google, SafeGov monitors security issues for federal, state and local government is not happy with it.

A security analyst, Jeff ( SafeGov) said, "Google should not be data-mining information in e-mails, text messages, searches and documents that workers are putting into Google services. It’s a matter of not making government workers unnecessarily exposed to hackers and to inadvertent disclosures of information."

The Vice President of Google ,Amit Singh claims that Google’s new privacy policy for consumer data is antiquated by data privacy provisions in contracts with government agencies and other organization that use the paid version of Google Apps. Google will maintain our endeavor customers’ data in conformity with the confidentiality and security obligations provided to their domain, he said.

The new policy of Google has made some people edgy over their privacy issues. SafeGov monitors security issues for federal, state and local government agencies are very unhappy with the new policy of Google. It is also said by Sunil Abraham, director of Centre for Internet and Society that the new changes are not good for a consumer's privacy.

Director of privacy Alma Whitten has given some example of how this information will be used. "We can make search better - figuring out what you really mean when you type in Apple, Jaguar or Pink. We can provide more relevant ads too," she wrote. "We can provide reminders that you're going to be late for a meeting based on your location, your calendar and an understanding of what the traffic is like that day. Or ensure that our spelling suggestions, even for your friends' names, are accurate because you've typed them before."

Other side after the cross-checked the contract between Google and the city of Los Angele by Gould, claimed that he didn’t think through the consequences for government users.

Punjab Newsline published this story. Sunil Abraham was quoted in it.

For more details visit https://cis-india.org/news/google-to-change-privacy-policy

A Deep Dive into Content Takedown Timeframes

torsha — 2020-06-26T11:59:06Z

Since the 1990s, internet usage has seen a massive growth, facilitated in part, by growing importance of intermediaries, that act as gateways to the internet. Intermediaries such as Internet Service Providers (ISPs), web-hosting providers, social-media platforms and search engines provide key services which propel social, economic and political development. However, these developments are also offset by instances of users engaging with the platforms in an unlawful manner. The scale and openness of the internet makes regulating such behaviour challenging, and in turn pose several interrelated policy questions.

In this report, we will consider one such question by examining the appropriate time frame for an intermediary to respond to a government content removal request. The way legislations around the world choose to frame this answer has wider ramifications on issues of free speech and ease of carrying out operations for intermediaries. Through the course of our research, we found, for instance:

An one-size-fits-all model for illegal content may not be productive. The issue of regulating liability online contain several nuances, which must be considered for more holistic law-making. If regulation is made with only the tech incumbents in mind, then the ramifications of the same would become incredibly burdensome for the smaller companies in the market.
Determining an appropriate turnaround time for an intermediary must also consider the nature and impact of the content in question. For instance, the Impact Assessment on the Proposal for a Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online cites research that shows that one-third of all links to Daesh propaganda were disseminated within the first one-hour of its appearance, and three-fourths of these links were shared within four hours of their release. This was the basic rationale for the subsequent enactment of the EU Terrorism Regulation, which proposed an one-hour time-frame for intermediaries to remove terrorist content.
Understanding the impact of specific turnaround times on intermediaries requires the law to introduce in-built transparency reporting mechanisms. Such an exercise, performed periodically, generates useful feedback, which can be, in turn used to improve the system.

Corrigendum: Please note that in the section concerning 'Regulation on Preventing the Dissemination of Terrorist Content Online', the report mentions that the Regulation has been 'passed in 2019'. At the time of writing the report, the Regulation had only been passed in the European Parliament, and as of May 2020, is currently in the process of a trilogue.

Disclosure: CIS is a recipient of research grants from Facebook India.

Click to download the research paper by Torsha Sarkar (with research assistance from Keying Geng and Merrin Muhammed Ashraf; edited by Elonnai Hickok, Akriti Bopanna, and Gurshabad Grover; inputs from Tanaya Rajwade)

For more details visit https://cis-india.org/internet-governance/blog/torsha-sarkar-november-30-2019-a-deep-dive-into-content-takedown-timeframes

India’s record on internet shutdown gets bleaker; now blocked in 2 NE states

Admin — 2019-12-15T05:51:20Z

India reported over 100 internet shutdown in 2018, according to an annual study of Freedom House, a US-based non-profit research organization.

The article was published in the Hindustan Times on December 11, 2019. Pranesh Prakash was quoted.

The internet shutdown on Tuesday in Arunachal Pradesh and Tripura amid spiraling protests against the Citizenship (Amendment) Bill in the Northeast is the latest in a series of such shutdowns across India, which topped the list of countries that resorted to such measures in 2018.

India reported over 100 internet shutdown in 2018, according to an annual study of Freedom House, a US-based non-profit research organization. The study on the internet and digital media freedom was conducted in over 65 countries, which cover 87% of the world’s internet users

Police and administrative authorities have cited protests and other security reasons to routinely snap the internet in India.

The Centre promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, under the Indian Telegraph Act, 1885, in August 2017 for legal sanction to the shutdowns.

As per the rules, Union home ministry secretary or secretaries of state home departments can order temporary suspension of the internet. An internet suspension order has to be taken up for review within five days.

Prior to 2017, authorities could shut down the internet under Section 144 of the Code of Criminal Procedure (CrPC), which empowers an executive magistrate to prohibit an assembly of over four people.

Section 5 (2) of the Telegraph Act, 1855, allowed the government to prevent transmission of any telegraphic message during a public emergency or in the interest of public safety.

The Kashmir Valley has remained under an internet shutdown since August 4. The shutdown was imposed hours ahead of the nullification of the Constitution’s Article 370 that gave Jammu and Kashmir special status.

Internet and phone lines were snapped ahead of Republic Day celebrations in 2010 in one of the first reported shutdowns in the Valley. Kashmir also holds the record for the longest shutdown when the internet was snapped for 133 days after the killing of Hizbul Mujahideen militant Burhan Wani in July 2016. The current shutdown, with 122 days and counting, is the second-longest.

The 100-day blackout in Darjeeling during the Gorkha agitation in 2016 is the third-longest internet shutdown in India.

Ahead of the verdict in the Ram Janmabhoomi-Babri Masjid title suit last month, the internet was shut down in parts of Maharashtra, Rajasthan, Haryana and Uttar Pradesh. The internet was shut down for three days in Gujarat during the agitation for a quota in jobs and educational institutes for the Patidar community in 2015.

As per the Software Freedom Law Centre, which provides free legal services to protect Free and Open Source Software, the total number of shutdowns in Indian since 2012 is more than 359. As per the tracker -- internetshutdowns.in -- which records such instances from newspaper clippings -- there have been 89 internet shutdowns in 2019, 134 in 2018, and 79 in 2017.

“As a part of this project, we track incidents of Internet shutdowns across India in an attempt to draw attention to the troubling trend of disconnecting access to Internet services, for reasons ranging from curbing unrest to preventing cheating in an examination,” it states as part of its purpose.

In September this year, the Kerala High Court held that access to the internet is a fundamental right. According to Pranesh Prakash of the Centre for Internet Society, the shutdowns are largely unlawful.

“David Kaye, the UN special rapporteur on the right to freedom of opinion and expression, has condemned the shutdowns and noted that the principles of proportionality and necessity should be adhered to in case of shutdowns. Yet, there have been several instances where lives have been lost in Kashmir due to the lockdown,” he said.

For more details visit https://cis-india.org/internet-governance/news/hindustan-times-december-11-2019-indias-record-on-internet-shutdown-gets-bleaker

Govt cracks down on Twitter

praskrishna — 2012-08-25T02:09:42Z

India’s crackdown on social media platforms for hosting “inflammatory” content — following the violence in Assam and the exodus of northeastern people from several cities — seems to have been a little reckless.

Published in the Hindustan Times on August 24, 2012. Pranesh Prakash is quoted.

The government’s order to internet service providers to block 310 webpages between August 18-21 goes beyond blocking doctored images and videos uploaded to incite passions. Instead, it seeks to block 16 Twitter handles, including those of VHP leader Pravin Togadia and two journalists and even reportage of sectarian violence in international and domestic news websites.

“Block TRUTH & there will be 1000M Togadias!” Togadia tweeted, as the virtual world erupted in protests.

The home ministry insisted it had not asked for individual Twitter handles to be blocked, only for removal of malicious content.

Earlier in the day, the micro-blogging site opened dialogue with the government but sought clarifications before taking a call on blocking content.

"Twitter has promised to cooperate on handles resembling the PMO's," said communications adviser to the PM Pankaj Pachouri, emphasising that the PMO's only demand is that Twitter handle the case in accordance with its rules.

Also on the government's block list are blogs in India and Pakistan that tried to educate web surfers about the morphed photos. One was apparently written by a government officer in Mumbai.

Critics slammed the government for its "ham-handed" and "artless" handling of the situation, which they said came after the morphed images and videos had already done damage.

The Bangalore-headquartered Centre for Internet & Society said the "goodness of the government's intentions seems unquestionable" but it appears to have gone overboard and not by the book.

"The blocking was done without due process of law," Pranesh Prakash at CIS observed. He argued that the government should have engaged with the social media platforms since a majority —217 out of 310 —of the block orders were aimed at Facebook, YouTube, and Twitter.

For more details visit https://cis-india.org/news/www-hindustantimes-com-aug-24-2012-govt-cracks-down-on-twitter

Twitter users hit back at government ban

praskrishna — 2012-08-25T02:51:18Z

The government faced an angry backlash from Twitter users on Thursday after ordering Internet service providers to block about 20 accounts that officials said had spread scare-mongering material that threatened national security.

Published in the Hindustan Times on August 24, 2012. Pranesh Prakash is quoted.

The backlash came as New Delhi turned up the heat on Twitter, threatening "appropriate and suitable action" if it failed to remove the accounts as soon as possible. Several Indian newspapers said this could mean a total ban on access to Twitter in India but government officials would not confirm to Reuters that such a drastic step was being considered.

Twitter, which does not have an office in India, declined to comment. There are about 16 million Twitter users in the South Asian country.

The government has found itself on the defensive this week over what critics see as a clumsy clampdown on social media websites - including Google (GOOG.O), YouTube and Facebook - that has raised questions about freedom of information in the world's largest democracy.

"Dear GOI (Government of India), Keep your Hands Off My Internet. Else face protest" tweeted one user, @Old_Monk60.

India blocked access to more than 300 Web pages after threatening mobile phone text messages and doctored website images fuelled rumours that Muslims, a large minority in the predominantly Hindu country, were planning revenge attacks for violence in Assam, where 80 people have been killed and 300,000 have been displaced since July.

Fearing for their lives, tens of thousands of migrants fled Mumbai, Bangalore and other cities last week. The exodus highlighted underlying tensions in a country with a history of ethnic and religious violence.

According to documents obtained by Reuters, the government has targeted Indian journalists, Britain's Daily Telegraph, the Australian Broadcasting Corporation and Al Jazeera television in its clampdown on Internet postings it says could inflame communal tensions.

The directives to Internet service providers listed dozens of YouTube, Facebook and Twitter pages. A random sampling of the YouTube postings revealed genuine news footage spliced together with fear-mongering propaganda.

In Washington, the State Department urged New Delhi to balance its security push with respect for basic rights including freedom of speech.

"As the Indian government seeks to preserve security we are urging them also to take into account the importance of freedom of expression in the online world," State Department spokeswoman Victoria Nuland said.

Nuland said Washington stood ready to consult with US companies as they discuss the issue with the Indian government, although it was not now directly involved.

"The unique characteristics of the online environment need to be respected even as they work through whether there are things these companies can do to help calm the environment," she said.

Indian journalists targeted

The government says Google and Facebook have largely cooperated while Twitter has been much slower to respond.

"Every company, whether it's an entertainment company, or a construction company, or a social media company, has to operate within the laws of the given country," said Sachin Pilot, minister of state in the Ministry of Communications.

Twitter has been instructed to remove 28 pages containing "objectionable content," an interior ministry official said.

"If they do not remove the pages, the Indian government will take appropriate and suitable action," he added.

The government has ordered Internet service providers to block the Twitter accounts of veteran journalist Kanchan Gupta and television anchor Shiv Aroor. Some appeared to have begun complying with the order on Thursday as Twitter users reported difficulties in accessing their pages.

"It is a political decision, because of my criticism of the government," said Gupta, who was an official in the previous government led by the Hindu nationalist Bharatiya Janata Party.

The government's actions triggered a storm of criticism from Twitter users, with the hashtags #Emergency2012 and #GOIBlocks among the top trending topics on Twitter in India on Thursday. Some compared the situation with the state of emergency imposed by the government in 1975, when some journalists were jailed.

The Centre for Internet and Society, which analysed the 300 banning orders, found that they contained "numerous mistakes and inconsistencies." Some of the banned websites belonged to people trying to debunk the rumours, for example, it said.

"This isn't about political censorship. This is about the government not knowing how to do online regulation properly," said CIS programme manager Pranesh Prakash.

Parliament last year passed a law that obliges Internet companies to remove a range of objectionable content when requested to do so, a move criticised at the time by rights groups and social media companies.

For more details visit https://cis-india.org/news/www-hindustantimes-com-aug-24-2012-twitter-users-hit-back-at-govt-ban

India Dismisses Charges of Internet Censorship

praskrishna — 2012-08-26T05:29:15Z

Read, listen and learn English with this story. Double-click on any word to find the definition in the Merriam-Webster Learner's Dictionary.

This is the VOA Special English Technology Report. Pranesh Prakash is quoted.

The government in India is defending itself against charges of Internet censorship. The move comes after the government last week asked companies like Facebook and Twitter to block more than three hundred websites.

Officials accused the websites of posting edited images and videos of earthquake victims. They said the websites falsely claimed that the images were Muslim victims caught in recent ethnic conflict in India’s northeastern Assam state and Burma. A number of the images were reportedly uploaded from Pakistan.

Officials said the panic that resulted caused thousands of Hindu immigrants to flee the area. They feared that Muslims would answer the false reports with attacks of their own. Cyber law expert, lawyer Pawan Duggal says this is the first time the Internet and mobile-phone technology have been used to create fear in a community.

PAWAN DUGGAL: “India has to wake up to the need for putting cyber security as the number-one priority for the nation. Unfortunately, India does not even have a national cyber-security policy. The nation does not have any plan of action, should this kind of emergency happen again. India needs to have its own cyber army of cyber warriors.”

On Friday, India’s Communication and Information Technology Minister Kapil Sibal dismissed charges that the government is trying to censor social media. But he said the misuse of social media has to be prevented.

Pranesh Prakash is program manager at the Bangalore-based Center for Internet and Society. He says some of the web pages that have been blocked included official news websites.

PRANESH PRAKASH: “I am not questioning the motivations of the government which in this current case seemed to be above board. We found that most of the material that they have complained about is actually stuff that is communal. But I do feel that the government went overboard in doing so, that it has also curbed legitimate reportage.”

He says some of the websites were uploaded by people trying to let others know that the images were false.

The government in India has called on social media companies to come up with a plan to keep offensive material off the web. Last year, it passed a law that requires companies to remove so-called “objectionable content” when requested to do so.

A Google Transparency report says that last year India topped the list of countries that make such requests. Supporters of online freedom have expressed concern that India may be restricting web freedom.

About one hundred million people in India use the Internet - the third-largest number of net users in the world. About seven hundred million people have mobile phones.

And that's the VOA Special English Technology Report. I'm Steve Ember.

For more details visit https://cis-india.org/news/learning-english-voanews-com-india-dismisses-charges-of-internet-censorship

India’s Internet Curbs Under Legal Cloud

praskrishna — 2012-08-26T05:48:12Z

India’s crackdown on the Internet has caused much debate. But was it legal?

This article by Rumman Ahmed and R Jai Krishna was published in Wall Street Journal on August 25, 2012. Pranesh Prakash is quoted.

India’s government says its moves this week to block websites, Twitter accounts and news portals was necessary to reduce simmering tensions over ethnic violence in the northeast of the country.

Authorities have far-reaching powers to do just that, laid down in rules framed in April 2011 under the country’s controversial new IT law.

But those rules state authorities must give companies 48 hours notice before blocking Web pages. In cases of emergency, New Delhi can block first and inform a special government committee within 48 hours. That committee must notify the blocked sites.

Many of the sites that India blocked or sought to block, including Twitter accounts of anti-government commentators and mainstream news organizations, say they were given no forewarning of the actions and weren’t contacted afterwards, either.

Indian news website Firstpost.com and Kanchan Gupta, a newspaper columnist who is critical of the government, were among those who faced blocks. Mr. Gupta and First Post Editor-in-Chief R. Jagannathan both said they were not contacted by the government either before or after the blocks.

The Home Ministry this week provided lists of around 300 web pages, including Twitter accounts and news stories, to the Ministry of Communications and IT, which then ordered Internet Service Providers to block them.

Kuldeep Dhatwalia, a Home Ministry spokesman, confirmed the lists. The government, he said, was not bound to give notice in an emergency situation.

The government’s reading of the IT law is unlikely to win it any friends among those who say the government is curtailing Internet freedoms.

“It seems the government is yet to have a well planned strategy in place to counter threats to public security and law and order events arising out of viral distribution of malicious content via social media networks,” said Anirban Banerjee, an associate vice president at CyberMedia Research, a New Delhi-based information technology research firm.

India’s government has defended its conduct by saying the blocked Web pages and Twitter handles were inciting communal hatred amid recent violence between Muslims and northeasterners in the state of Assam that has cost almost 80 lives.

The government says some off the sites hosted fake pictures purporting to show violence against Muslims in Assam. In fact, many of these pictures showed Muslim refugees from Myanmar, authorities say.

“We are only taking strict action against those accounts or people which are causing damage or spreading rumors. We are not taking action against other accounts, be it on Facebook, Twitter or even SMSes. There is no censorship at all,” the Home Ministry said in a statement Friday.

“We decided on taking action because there were pictures of Myanmar etc. online, which were disturbing the atmosphere here in India.”

Critics, though, say the government also targeted Twitter accounts that were critical of Prime Minister Manmohan Singh, giving a political tinge to the censorship.

Some commentators said the government asked Internet Service Providers to block sites without invoking any laws.

“The four orders that were sent to the ISPs don’t say under which section or under what power these orders are being sent,” said Pranesh Prakash, a lawyer and program manager at the Bangalore-based Centre for Internet and Society.

“They were sent without invoking any statute or without invoking any law. The orders just say that those on the list would have to be blocked immediately. It doesn’t say these have be decided by whom, under what provision or what law,” Mr. Prakash added.

One telecom operator said on condition of anonymity that the government has not sent any new lists since Aug. 21. Google Inc and Facebook Inc. say they are working with the government to take down offensive content. Twitter Inc. has not commented.

The latest clampdown comes as public-interest groups are pressing the government to scrap the latest Web censorship laws. Critics say the rules not only limit free speech but also expose Internet companies to unfair liability for material posted by Web users.

“In the 21st century, you cannot censor your way to public tranquility,” said Mishi Choudhary, lawyer and director of international practice at New York-based Software Freedom Law Center.

For more details visit https://cis-india.org/news/wsj-com-aug-25-2012-rumman-ahmed-r-jai-krishna-indias-internet-curbs-under-legal-cloud

When #GOIBlocks, twitterati fly off their ‘handles’

praskrishna — 2012-08-26T05:56:19Z

Ever since the news broke mid-week that some genuine Twitter accounts and six spoof accounts were blocked, the social networking platform has been in a tizzy.

Published in the Hindustan Times on August 26, 2012. Pranesh Prakash is quoted.

Hashtags like #GOIblocks and variations on the same theme began “trending” and the twitterati, functioning like a virtual democracy, have been bombarding the world in real time with posts about the issue. 16 accounts of the 15 million twitter users in India, among them those of a few journalists, spoof accounts like @PM0India, a right-wing parody of @PMOIndia, the official twitter account of the Prime Minister’s office, and a few anonymous accounts like Barbarian Indian (@barbarindian) and Dosabandit (@dosabandit) were blocked.

While Narendra Modi turned his twitter display picture black in solidarity with the idea of freedom of speech (and was promptly termed a hypocrite with many like @JagPaws, who has 641 followers, tweeting, “Whoa!! Is he supporting Jihadi sites?”), Pankaj Pachauri, (49,827 followers) Communications Adviser to the Prime Minister’s office, has put up twitter rules and the National Security Advisor Shivshankar Menon’s ominously pro-surveillance keynote address at the release of the IDSA report on “India’s Cyber Security Challenge”.

Many like Nitin Pai @acorn, with 16,988 followers, founder of Takshashila Institute, a public policy think tank, tweeted that “under extraordinary circumstances, the govt must do whatever it can under the constitution to prevent loss of life” and added that targeted and temporary blocks of sites, facebook pages and twitter handles that spewed hate were acceptable. Others like film maker Harini Calamur (@calamur) (11,277 followers) who says she is against censorship tweeted that “Blocking internet handles & sites is silly” and “the Govt’s job is to uphold the constitution & protect our fundamental rights. Not make value judgements.” Much of the debate has led to a genuine exchange, sometimes making comrades of people from opposing camps. Kanchan Gupta, a journalist known for his pro-Hindutva views, whose twitter handle @KanchanGupta (26,424 followers) was among those blocked, accepted on TV that scores of “people from all communities” many of whom “disagreed violently” with him had extended their support on twitter.

Others like writer Shivam Vij (@Dilidurast), who has 3,296 followers, whom Hindutvawadis has often branded ‘pseudo sickular’, surprised baiters by speaking against the ban.

Many were strident in their criticism of the arbitrary nature of the blocks and tweeted that it was indicative of authoritarianism. “Internet blocks in India have been increasing in frequency&intensity. I wouldn't put this down to knee-jerk/foolishness.There is *intent*,” tweeted Nikhil Pahwa (@nixxin), founder and editor of @medianama. Others like business journalist Samidha Sharma @samidhas worried that the government’s frequent attacks on freedom of expression shows that it is “following china in all the wrong things”.

While Pranesh Prakash (@pranesh_prakash) of the Centre for Internet and Society tweeted, “They've blocked sites from all parts of the spectrum: Muslim right-wing, Hindu right-wing, neutral news sites, etc. No politics”, many others saw the move as a “self-serving” one. “Dear GoI: why not be honest enough to say that this web censorship has NOTHING to do with security+ all to do with your own arrogance” tweeted Sunny Singh (@sunnysingh_nw3).

For more details visit https://cis-india.org/news/www-hindustan-times-aug-26-2012-when-goi-blocks-twitterati-fly-off-their-handles

To regulate Net intermediaries or not is the question

sunil — 2012-08-26T06:12:48Z

Given the disruption to public order caused by the mass exodus of North-Eastern Indians from several cities, the government has had for the first time in many years, a legitimate case to crackdown on Internet intermediaries and their users.

Sunil's column was published in the Deccan Herald on August 26, 2012.

There was, of course, much room for improvement in the manner in which the government conducted the censorship. But the policy question that becomes most pertinent now is: do we need to regulate Internet intermediaries further? The answer is yes and no.

There are areas where these intermediaries need to be regulated in order to protect citizen and consumer interest. But to deal with rumour-mongering and hate speech, there is sufficient provisions in Indian law to deal with the current disruption in public order and any similar disruptions in the future.

It is a common misunderstanding to assume that all civil society organisations that advocate civil liberties on networked technologies are regulatory doves that wish to dismantle regulation of the private sector and allow them complete free hand for innovation and, perhaps, causing harm to public interest.

The opposite is also not necessarily true. We are not hawks, those that believe in maximal regulation of the private sector. The state should regulate the private sector in areas where the citizens are unable to protect their own interest and self-regulation is inadequate. But there are many other areas where regulation needs to be dismantled in the interests of citizen and public interest.

Dr Rohan Samarajiva, founder of a Colombo-based regional policy think tank LIRNEasia, explains this best using the ‘law of soft toys’. When his daughter was young he told her that in Sri Lanka there was a law which mandated that every time she got a new soft toy, she would have to necessarily give away another one.

The regulatory lesson here is: the mandate for regulation cannot keep endlessly expanding. As the government moves into new areas of regulation, it should also exit other older areas where regulatory rupee is providing limited returns. These decisions should be based on evidence of harm caused to citizens and consumers. The following are a list of areas where regulation is required for Internet intermediaries:

Privacy: India needs the office of the privacy commissioner established and an articulation of national privacy principles through the enactment of the long awaited Privacy Act. This privacy commissioner should be able to investigate complaints against intermediaries, proactively investigate companies, order remedial action and fine companies that violate the principles and other policies in force. Remedial action could require change in policies, features, data retention policies and services etc.

Competition: Many of these intermediaries have been taken to court on anti-trust complaints, fined and subjected to remedial action by regulators in America and Europe.

Earlier this year, BharatMatrimony.com has filed a complaint against Google at the Competition Commission of India (CCI) alleging anti-competitive practices in its Adwords program. In addition, based on a report submitted by Consumer Unity & Trust Society (CUTS), a civil society organisation, CCI has initiated an investigation into Google's search engine for anti-competitive practices. If they are found guilty of breaking competition law they could be fined up to 10 per cent of their turnover.

Speech: Article 19(2) of the Constitution permits Parliament to enact laws that place eight categories of reasonable restrictions on speech. Unfortunately, the Information Technology Act and its associated rules attempts to expand these restrictions and in addition does not comply with the principles of natural justice. Ideally, all those impacted by the censorship should be informed and should be able to seek redress and reinstatement for the censured speech.

The policy sting operation conducted by the Centre for Internet and Society (CIS) last year demonstrated that intermediaries are risk-averse and tend to over-comply with takedown notices. There is a clear chilling effect on speech online and it is important that the Act and rules be amended at the earliest.

Intellectual Property: Policies that fall under this inappropriate umbrella term for many differently configured laws make the yet unproven fundamental assumption that granting limited monopolies to rights holders, usually corporations, will result in greater innovation. However, citizen and consumer interest is protected through provisions for exceptions and limitations in laws such as copyright, patent, trademarks etc. Some examples of these safeguards that guarantee access to knowledge in Indian law include compulsory licences, patent opposition, fair-dealing etc.

There are many other areas where special treatment may be required for intermediaries. For example tax law needs to handle evasion techniques like the Double Irish and the Dutch Sandwich. Given my lengthy wish-list of regulation of Internet intermediaries, why then has CIS become an NGO member of the Global Network Initiative?

This is because I believe that technological development happen too quickly for us to purely depend on government regulation. Self-regulation has an important role to play in keeping up with these rapid changes. As self-regulatory norms mature they could be formalised into policy by the government.

Therefore, I consider it a privilege that CIS has been accepted as a member of this self-regulatory initiative and we influence GNI norms using our Indian perspective. However, when self-regulation fails to protect public interest, then the government must step in to regulate Internet intermediaries.

For more details visit https://cis-india.org/internet-governance/www-deccan-herald-aug-26-2012-to-regulate-net-intermediaries-or-not-is-the-question

Blocked websites: Where India flawed

praskrishna — 2012-08-27T03:00:16Z

Apart from not giving 48 hours response time, the Indian government has blocked some websites which don't exist or don't have web addresses, says an analyst.

Published in CIOL on August 23, 2012. Pranesh Prakash's analysis is quoted.

India is threatening to block Twitter as the latter has allegedly failed to respond to the government's order to remove some inflammatory posts.

That has come to light as it is being widely covered in media, but there are hundreds of websites which have already been shut, apparently without due notice to the owners.

Apart from Facebook, Twitter and YouTube accounts, the blocked websites include which are sympathetic to Hindu and Muslim radical groups.

In an analysis of 309 websites blocked in the wake of exodus of North eastern people from Bangalore, Pranesh Prakash of the Centre for Internet and Society (CIS), says the government has blocked these sites under the Information Technology Act, but it failed to provide the mandatory 48 hours to respond (under Rule 8 of the Information Technology Procedure and Safeguards for Blocking for Access of Information by Public, Rules 2009).

He writes in his post: "The persons and intermediaries hosting the content should have been notified. Even if the emergency provision (Rule 9) was used, the block issued on August 18, 2012, should have been introduced before the "Committee for Examination of Request" by August 20, 2012 (within 48 hours), and that committee should have notified the persons and intermediaries hosting the content.

Internet censorship is acceptable as long as it is in the purview of the law and doesn't encroach one's freedom. In this case, some people and posts debunking rumours have been blocked, says Pranesh.

He points to some discrepancies in the way the websites are blocked:

Some of the items are not even web addresses (e.g., a few HTML img tags were included). Some of the items they have tried to block do not even exist (e.g., one of the Wikipedia URLs).
An entire domain was blocked on Sunday, and a single post on that domain was blocked on Monday.
For some YouTube videos, the 'base' URL of YouTube videos is blocked, but for other the URL with various parameters (like the "&related=" parameter) is blocked. That means that even nominally 'blocked' videos will be freely accessible.

He concludes: "All in all, it is clear that the list was not compiled with sufficient care."

For more details visit https://cis-india.org/news/www-ciol-com-aug-23-2012-blocked-websites

Indian government defends Internet blocking

praskrishna — 2012-08-28T10:07:50Z

India on Friday defended itself against accusations of heavy-handed online censorship, saying it had been successful in blocking content blamed for fuelling ethnic tensions.

Published by AFP on August 23, 2012. Pranesh Prakash is quoted.

The government over the past week has ordered Internet service providers to block 309 webpages, images and links on sites including Facebook, Twitter, Wikipedia, news channel ABC of Australia and Qatar-based Al-Jazeera.

The orders were an effort to halt the spread of "hateful" material and rumours that Muslims planned to attack students and workers who have migrated from the northeast region to live in Bangalore and other southern cities.

"We have met with success. These pages were a threat to India's national security and we demanded their immediate deletion," Kuldeep Singh Dhatwalia, a spokesman for India's home ministry, told AFP.

"Spreading rumours to encourage violence or cause tension will not be tolerated. The idea is not to restrict communication."

The government has blamed Internet activity for fanning fears that resulted in tens of thousands of migrants fleeing back to the northeast last week from Bangalore and elsewhere.

But Twitter users, legal experts and analysts criticised the government's approach, which appeared to have resulted in only partial blocking of material, much of which was still accessible.

"The officials who are trusted with this don't know the law or modern technology well enough," Pranesh Prakash, programme manager at the Centre for Internet and Society research group, told AFP.

"I hope that this fiasco shows the folly of excessive censorship and encourages the government to make better use of social networks and technology to reach out to people."

Among the blocked content were photographs by AFP and other news agencies from Myanmar in the British Daily Telegraph, a parody Twitter account pretending to be from Prime Minister Manmohan Singh and dozens of YouTube videos.

ABC issued a statement saying it was "surprised by the action" after content on its website about unrest in Myanmar between Muslims and Buddhists was included on the blocking list.

India's Home Minister Sushil Kumar Shinde insisted in a statement the government was "only taking strict action against those accounts or people which are causing damage or spreading rumours."

Shinde added that the government sought to block the Myanmar online photos because they were "disturbing the atmosphere here in India."

The government said photographs of clashes in Myanmar were circulating on the Internet with fake captions claiming the scenes were from the northeastern Indian state of Assam, where 80 people have died in recent ethnic violence.

Vivek Sood, senior Supreme Court lawyer and an author on Internet legalisation, called the government's step "a gross abuse of power."

"It's completely illegal under the Indian IT Act," he told The Economic Times.

Indian journalist Kanchan Gupta, who is often critical of the government, had his Twitter account targeted by a government blocking order in a move he called a "political vendetta".

Al Jazeera webpages on the blocking list, including a report on the exodus from Bangalore, appeared unaffected by the government orders, the channel's Delhi bureau chief Anmol Saxena told AFP.

Ministers earlier complained they had not received cooperation from websites and social network groups.

The government on Thursday said Twitter had agreed to remove six fake accounts parodying Prime Minister Singh.

The prime minister's office issued a statement on Friday quoting Twitter that they have "removed the reported profiles from circulation due to violation of our Terms of Service regarding impersonation".

United States State Department spokeswoman Victoria Nuland said as India "seeks to preserve security, we are urging them also to take into account the importance of freedom of expression in the online world".

The above was carried in the following places as well:

The National (August 25, 2012)
MSN News (August 24, 2012)
StarAfrica.com (August 24, 2012)
Jakarta Globe (August 24, 2012)

For more details visit https://cis-india.org/news/afp-com-aug-23-2012-indian-govt-defends-internet-blocking

Watch out for fettered speech

praskrishna — 2012-09-02T09:30:50Z

The constant attempts at censorship in the name of national security should give all right-thinking Indians pause.

This article by Rohit Pradhan was published in the Business Standard on September 1, 2012. Pranesh Prakash is quoted.

It was always predictable. That the Indian government’s war against social media “hate mongers” would turn farcical and begin targeting all and sundry: from random parodies of Prime Minister Manmohan Singh’s Twitter account to prominent journalists like Kanchan Gupta and Shiv Aroor. And then Communication Minister Milind Deora discovered that his own Twitter account had been blocked.

The government blames social media for hosting objectionable content and rumour-mongering that allegedly contributed to the exodus of people of northeastern origin from cities like Bangalore and Hyderabad. Despite its best attempts, the government argues, it was unable to control the mass hysteria and was left with little alternative but to block 300 websites as well as ask Twitter and Facebook to delete “objectionable” content.

It is hardly the first time that social media has been blamed for facilitating riots. The role of BlackBerry’s instant messenger during the London riots of 2011 was constantly highlighted and there was even talk of banning the popular service before saner heads prevailed. Clearly, while rumours and doctored images have always been part of riots, the instantaneous nature of social media and the relative anonymity it affords offer additional challenges.

Nevertheless, the government’s constant attempts at censorship in the name of social harmony and national security should give all right-thinking Indians pause. Four simple reasons.

First, it is astounding how quickly the attention has shifted away from the governance failures that were largely responsible for the Assam riots and the mass departure of people of northeastern origin from India’s major metropolitan centres. The local government’s laggardly response to the initial bursts of violence allowed the riots to rage for days while the government dithered over calling the army. Social media had little, if any, role to play. And while panic is admittedly difficult to control, it is the poor record of the Indian state in responding to politically motivated violence that contributed to the panic-stricken reaction of people of northeastern origin. What should worry the Indian state are not the ravings of some anonymous Twitter account but the utter lack of faith in its ability to secure the safety of some of its most vulnerable citizens.

Second, while all governments wish to control the flow of information, the track record of the Indian state in the matter of free speech has been spectacularly poor. At the slightest allegation of “hurting religious sentiments”, books are banned, movies censored, and violence is threatened. Lacking an explicit First Amendment protection, Indian citizens are virtually powerless when the government wishes to quell free speech. The draconian Information Technology Act, 2008, orders internet providers to immediately remove content that may be “grossly harmful”, “blasphemous”, “obscene”, or even disparaging with little oversight and virtually no due process of law. As the Centre for Internet and Society’s Pranesh Prakash has demonstrated, internet providers are ready to remove “objectionable” content even in the case of frivolous complaints originating from ordinary citizens. What is particularly disconcerting is that the disregard for free speech extends even to some of India’s most prominent media personalities who can often be heard exhorting the government to regulate the internet or scrub off “hate mongers”. Given this history and the government’s demonstrated contempt for free speech, its attempts at censorship should be strongly scrutinised and vigorously resisted except in the most extenuating of circumstances.

Third, the Luddites in the Indian government may not yet comprehend it, but the internet is virtually impossible to police. The government may be able to threaten giant companies like Facebook and Twitter into cooperating, but that simply means the “objectionable” content would move to darker corners of the Net. Indeed, it is surprising that the government has not considered using technology to counter malicious rumours or to reach a mass audience with a message of reassurance. Technology can be a powerful tool for doing good and it is high time the government properly harnessed its potential. As a first step, the government has to recognise that the days when it had a monopoly on information are long gone and it has to compete for people’s attention.

Finally, even the most ardent supporter of free speech should have no qualms about admitting that it can offer a platform to the bigoted or can indirectly lead to social unrest. That may be especially true for a country like India where passions run high and an ambivalent attitude towards political violence prevails. That, however, is simply the price of liberty. Yes, a society that lacks free speech may be more stable, but it would lack the spirit of rambunctious discussion, criticism and argument — the hallmarks of a liberal democracy.

India can adopt a China-lite model, which emphasises social stability over freedom. Or India can go down the path of other liberal democracies and understand that freedom – of speech, thought and behaviour – is an ideal worth cherishing and protecting. As a constitutional republic with genuine claims of being a liberal democracy, it is clear which path India should embrace.

The writer is a fellow at the Takshashila Institution. These views are personal.

For more details visit https://cis-india.org/news/www-business-standard-rohit-pradhan-sep-1-2012-watch-out-for-fettered-speech

India Blocks Facebook, Twitter, Mass Texts in Response to Unrest

praskrishna — 2012-09-03T02:46:42Z

The Indian government has gone on the offensive against Internet giants such as Facebook, Google and Twitter, demanding hundreds of pages be removed or blocked after political unrest erupted in various parts of the country.

This post by Simon Roughneen was posted in Media Shift on August 28, 2012. Nishant Shah is quoted.

On August 15, India's independence day, Indian northeasterners began fleeing Bangalore, the country's southern IT hub and 5th largest city, after text messages said to threaten Assamese people and other northeasterners were sent around.

Authorities restricted text messages so they could be sent to only five recipients to stop bulk sending, which was followed by a government backlash against social media and news sites; more than 300 pages have been blocked in recent days.

Exodus

The scene during the exodus was reminiscent of an old newsreel from World War II Europe, or, more aptly, from the separation of India and Pakistan in the late 1940s when around 25 million people took flight amid chaos and bloodshed as the contours of the new states were drawn up after British withdrawal.

On the platform at a Bangalore train station were hundreds of people from Assam state and other areas of India's northeast, a remote part of the country almost 2,000 miles away. The region is mostly surrounded by Bangladesh, Bhutan, China and Burma and is linked to the rest of India only by a narrow strip of land nicknamed the chicken-neck.

In July, fighting in the northeast's Assam state between local ethnic groups and Muslims -- which some Indians say are illegal immigrants from Bangladesh -- killed 80 people and forced 400,000 more from their homes, most of them Muslims. On August 11, a march in Mumbai , India's financial capital, ended up in a riot, with two killed and dozens injured, when Muslims there protested attacks on Muslims in the northeast and on Muslim Rohingya in Burma.

The SMS scare in Bangalore came next, but who sent what and why has never been clearly established, though three men were subsequently arrested in Bangalore on suspicion of mass-forwarding threatening text messages.

Nonetheless, the scare, real or hyped, was enough to prompt panic among the 300,000 or so northeasterners who study and work in Bangalore. Interviewees at the city's rail station, waiting for a train to Guwahati in Assam state, a two-and-a-half-day journey, said they hadn't received or even seen any messages, but the rumor mill went into overdrive and their parents in the northeast urged them to come home, temporarily at least.

A lack of confidence in police, perceived racism against northeasterners -- some of whom appear east or southeast Asian and are sometimes called "chinki" by other Indians -- as well as political discord ahead of elections next year all contributed to the exodus.

Government Reacts

The Indian government urged the northeasterners to stay put, as the exodus spread to Pune, Chennai and other large cities in the south and west where northeasterners work. Text messages were limited to five recipients to stop bulk messages spreading fear, a bar later raised to 20 recipients. India has around 750 million cell phone subscribers, the world's second biggest market after China, and the government's nationwide restriction seemed an over-reaction given that the exodus was confined to a few cities.

In a country of 1.2 billion people -- the world's fourth biggest economy measured in purchasing power parity terms -- the government is worried about a recent economic slowdown. Growth is at its lowest since 2003, and foreign investors are complaining out loud about hazy rules and red tape. India feels it needs to nip any political unrest in the bud with foreign investment dropping by 78 percent year-on-year, according to June figures.

Apparently with public order in mind, the Indian government began blocking websites and pages said to contain inflammatory content, even as the exodus slowed.

Nishant Shah of the Bangalore-based Centre for Internet and Society said that the government is trying to figure out how best to react to the transition from an era when news and information was carried via broadcast and print.

"In the older forms of governance, which were imagined through a broadcast model, the government was at the center of the information wheel, managing and mediating what information reached different parts of the country. In the [peer-to-peer] world, where the government no longer has that control, it is now trying different ways by which it can reinforce its authority and centrality to the information ecosystem. Which means that there is going to be a series of failures and models that don't work," Shah told PBS MediaShift in an email.

Overdoing It?

However, for a country that has long styled itself as the world's biggest democracy, and is home to some of the world's biggest selling English language newspapers, the last few days have seen the government take a forceful line against Internet giants such as Google and Facebook that some feel threatens freedom of speech.

The text messages were said to be from some of India's 170 million or so Muslim population, the world's third largest after Indonesia and Pakistan -- and the Indian government at first sought to blame Pakistan for fomenting the exodus by whipping up anger among India's Muslims.

Following the text restrictions, Indian authorities blocked what they describe as "incendiary" and "hate-mongering" content on websites in Pakistan and Bangladesh that they say spurred the northeast fighting -- including images of the 2010 Tibet earthquake passed off as images of Burmese Buddhists after attacking Burmese Muslims -- and asked Google and Facebook to remove the content.

However, news reports on the exodus, as well as other coverage of Muslim-Buddhist clashes in Burma, were blocked. Among those affected were Doha-based news agency Al-Jazeera and the Australian Broadcasting Corporation (ABC). And stories on sectarian fighting in Arakan in western Burma -- where Buddhist Arakanese have clashed with Muslim Rohingya, with the flare-up catching the attention of Islamist groups elsewhere, including India -- were blocked in India.

ABC said on Friday content that "in relation to the particular blocked ABC, we are surprised by the action and we stand by the reporting."

An April 2011 law says that the government must give 48 hours before blocking pages, as well as an explanation for the block in each individual case, though this can be sidestepped in an emergency. "Every company, whether it's an entertainment company, or a construction company, or a social media company, has to operate within the laws of the given country," said Sachin Pilot, minister of state in the Ministry of Communications, speaking about the recent restrictions.

There's more to the back-story than just the 2011 IT law, however. Prior to the recent exodus from Bangalore and the government reaction, Google and Facebook were facing charges for allegedly hosting offensive material.

A Google spokesman, speaking by telephone from Singapore about the Indian government's recent blocks, said that the company abides by the law of the land, in India and elsewhere. "We also comply with valid legal requests from authorities wherever possible, consistent with our longstanding policy," he said.

All told, 80 million to 100 million Indians are online, and India has the world's third biggest number of Facebook users, at 53 million. But, that just makes up just 4.5 percent of the country's population.

Some commentators see the government as oversensitive. For example, using the pushback to put a block on an account parodying the country's prime minister.

Twitter has 16 million accounts in the country. By Friday, a stand-off between New Delhi and Twitter saw around 20 Twitter handles blocked by Indian ISPs, on the orders of the government, with threats that the government could block Twitter completely.

The hashtag #GOIblocks gets about 10-12 tweets per minute -- going by a quick scroll-through -- from users protesting the government's measures. However, caught up in the dragnet so far are accounts with little apparently to do with the Bangalore exodus. The Indian opposition said the blacklist is partisan, while other commentators see the government as oversensitive, using the pushback to put a block on an account (@PM0India) parodying the country's prime minister, for example.

Adding to the irony, though it is not clear whether this was by accident or design -- the Twitter account of Milind Deora, the country's minister of state for communications and IT, and a vocal proponent of the recent blocks, was taken down by Twitter for 12 hours before being restored -- along with an apology by Twitter on Saturday.

This story has been altered to correct the date of India's independence day.

Simon Roughneen is an Irish journalist usually based in southeast Asia. He writes for the The Irrawaddy, Christian Science Monitor and others. He is on twitter @simonroughneen and you can Circle him on Google+.

For more details visit https://cis-india.org/news/www-pbs-org-aug-28-2012-simon-roughneen-india-blocks-facebook-twitter-mass-texts-in-response-to-unrest

Communications from DeitY regarding blocking of Traffic emanating from IP addresses from States assessed to be sensitive in the current prevailing situation

praskrishna — 2012-09-11T14:27:46Z

(DS Cell)

No.813-7/25/2011-DS

Subject: Communications from DeitY regarding blocking of Traffic emanating from IP addresses from States assessed to be sensitive in the current prevailing situation.

Notes on pre pages (24/N to 25/N) may kindly seen.

PUC at (70/C) is a communications [D.O No - 6(30)/2012-CLFE dated 23/08/2012] from Secretary, Department of Electronics & Information Technology. It has been communicated that Ministry of Home Affairs has sent an Office Memorandum No. II/21021/221/2012-IS-II/M dated 23.08.2012 (copy enclosed). MHA has requested that "Twitter Inc may be directed to all traffic emanating from IP addresses in the States assessed by the Central Intelligence Agencies to be sensitive in the current prevailing situation viz. Kerala, Assam, Tamil Nadu, Andhra Pradesh, Maharashtra. Karnataka, Gujarat and Uttar Pradesh by 6.00 PM today. In case of non- compliance of this geographical specific blocking which flows from sensitive assessment of prevailing situation, then Twitter may be blocked on All India level".

2. Department of Telecom has been requested to consider the technical feasibility of the request of MHA and advice the DIT accordingly. In this regard feedbacks have been collected from the major service providers on the following issues:

(i) allocation of State-wise IP address
(ii) technical feasibility of specific area wise /state wise blocking of website/URL.

Feedbacks received from Tata Communications, (67/C & 73/C) Bharti
Airtel (68/C & 77/C), BSNL (75/C), Reliance Communications (72/C),
IDEA (76/C) & ISPAI (74/C). These comments are compiled as below

Sr.	Name of the company	Comments on state-wise IP address allocation & specific area wise /state-wise blocking of website/URL.
1	Tata Communications	TCL does not allocate IP addresses to its customers on a state-wise basis and there is no IP Address range specific to any of the States of India. Specific area wise /state wise blocking of website /URL is technically not feasible.
2	BSNL	IP addresses in the BSNL Network is as below. 1) Leased line:- On national Basis 2) Wimax/CDMA.GSM - on Zonal Basis 3) ADSL Broadband :- On Circle basis.
3	M/s Bharti Airtel	IP addresses are allocated internally hubwise. In mobile network, we have 7 hubs and the IP address pools are internally allocated to different hubs. The blocking of website/ URL can be done at the gateway only as: 1) There is no state wise IP pool allocation to the customers, and; 2) Airtel has deployed URL blocking system at Chennai and Mumbai Internet gateway.
4	M/s Reliance Communications	IP addresses are not allotted Statewise. The blocking has been implemented at the Gateway locations. Hence specific area wise /' stale wise blocking of website / URL is not possible.
5	M/s Idea	Currently our ISP operation can't block region wise as we give bulk service to GGSN and are in a way blind to the traffic distribution after GGSN. We can only block sites/links at gateway level which will affect the complete GGSN.
6	Internet Service Providers Association of India (ISPAI)	We would like to inform that it is technically not feasible to block website/URL area wise / state wise.

With reference to aforesaid feedbacks from Internet Service Providers Association of India (ISPAI) and major Internet Service Providers it has come out that in the present scenario Internet Service Providers having majority of Internet subscribers have not allocated IP addresses area wise /state-wise and it would not be possible for them at present to carry out specific area wise /slate-wise blocking of website/URL.

3. In view of above it is proposed to reply to Secretary, DeitY as per draft placed at (.l?/C).

Put up for kind considerations and approval please.

(Subodh Saxena)

Dir.(DS-II)

DDG(DS)

Member (T)

For more details visit https://cis-india.org/internet-governance/resources/september-4-dot-mha-regional-twitter-blocking

Counter-proposal by the Centre for Internet and Society: Draft Information Technology (Intermediary Due Diligence and Information Removal) Rules, 2012

pranesh — 2016-04-24T11:56:49Z

Any restriction on freedom of speech should embody and be guided by the following principles, as identified by the UN Special Rapporteur on Freedom of Opinion and Expression.

For more details visit https://cis-india.org/internet-governance/counter-proposal-by-cis-draft-it-intermediary-due-diligence-and-information-removal-rules-2012.odt