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  <title>Centre for Internet and Society</title>
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    <item rdf:about="https://cis-india.org/internet-governance/news/mumbai-mirror-november-19-2014-jaison-lewis-game-release-cancelled-over-gay-character">
    <title>Game release cancelled over gay character</title>
    <link>https://cis-india.org/internet-governance/news/mumbai-mirror-november-19-2014-jaison-lewis-game-release-cancelled-over-gay-character</link>
    <description>
        &lt;b&gt;Electronic Arts stops accepting preorders for Dragon Age: Inquisition.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Jaison Lewis was &lt;a class="external-link" href="http://www.mumbaimirror.com/mumbai/cover-story/Game-release-cancelled-over-gay-character/articleshow/45197190.cms"&gt;published in Mumbai Mirror&lt;/a&gt; on November 19, 2014. Pranesh Prakash gave his inputs.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="advenueINTEXT"&gt;In a city where just about  any kid above the age of five who can afford to do so has played Grand  Theft Auto, with its profusion of violence and profanity, it appears  unlikely that a game would ever be withdrawn from release owing to  explicit content. But when Electronic Arts (EA), creators of several  such titles, decide to cancel the release of a game in India because it  features a gay character and sequences of gay sex, there are bound to be  fiery debates about censorship, moral policing, and the prevalence of  gratuitous violence in games. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;&lt;span id="advenueINTEXT"&gt;EA have withdrawn  pre-orders for Dragon Age: Inquisition, a role playing franchise in  which you play a character that you create - one such role is that of  Dorian, who is gay and who is featured in sequences involving gay sex.  EA is now in the process of refunding the money (Rs 3,499 for the  standard edition (PC) and Rs 4,000 for the collectors' edition (PC))  that gamers in India paid to have access to Dragon Age when it is  released on November 21. &lt;br /&gt;&lt;br /&gt; Milestone Interactive, the company  that distributes EA titles in India, has cancelled several pre-orders  for the game that were booked through their website. However, a bulk of  the PC pre-orders were made on EA's Origin software, a Windows  application that lets gamers buy and play games directly from the  company. Electronic Arts issued the following official statement to its  Origin users in India, Bangladesh and Pakistan. "In order to avoid a  breach of local content laws, EA has withdrawn Dragon Age: Inquisition  from sale in India and the game is no longer available for pre-order.  Customers who pre-ordered the game will be contacted directly and will  be fully refunded." &lt;br /&gt;&lt;br /&gt; Though the local laws that applied were not  mentioned, several online websites managed to obtain reactions from EA  that implied the game's homosexual content was to blame, with mention of  Section 377, which criminalises gay sex. &lt;br /&gt;&lt;br /&gt; The Entertainment  Software Rating Board (ESRB), a self-regulatory organisation based in  New York, has classified Dragon Age as Mature, and, according to their  online rating information, it "includes some sexual material: a female  character briefly depicted in front of a man's torso (fellatio is  implied); characters depicted topless or with exposed buttocks while  lying in bed or after sex; some dialogue referencing sex/sexuality. The  words "f**k," "sh*t," and "a*shole" appear in dialogue." &lt;/span&gt;&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;&lt;span&gt;&lt;span id="advenueINTEXT"&gt;LGBT rights activist Aditya Bandopadhyay, said he believes EA could have withdrawn the game under pressure from the government. &lt;br /&gt;&lt;br /&gt; "Self-censorship by corporations is even more insidious than censorship  by the government, since the latter can be challenged in courts and has  to abide within the limits set out within Article 19 of the  Constitution, the former cannot be challenged at all except morally,  "said Pranesh Prakash, member, The centre for internet and society. &lt;/span&gt;&lt;/span&gt;&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;&lt;span&gt;&lt;span id="advenueINTEXT"&gt;"There can be no defence offered to the offensive instance of  self-censorship by Electronic Arts, and is a slap against the fight by  the LGBTQ community in India against oppressive colonial laws and mores.  As Vikram Seth put it, it is homophobia that came into India, not  homosexuality. It is homophobia that is unnatural and which militates  against Indian morality. Under Article 19(1)(a), the government can be  read to have a positive obligation to ensure an environment where  freedom of speech and expression is guaranteed, so I call upon the  government to speak out against the decision taken by Electronic Arts, "  added Prakash. &lt;br /&gt;&lt;br /&gt; "By way of legal background: Homosexuality as a  gender identity is not illegal in India, while there is a case pending  in the Supreme Court as to the criminality of engaging in 'unnatural'  sexual intercourse. This law cannot possibly be read to hold that the  public display of homosexuality in art is unlawful," he said &lt;br /&gt;&lt;br /&gt; EA  representatives were unwilling to discuss the game or the reasons for  it being withdrawn from the market in India. "We are going to decline  any further info beyond our statement," a spokesperson said.&lt;/span&gt;&lt;/span&gt;&lt;/span&gt;&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/mumbai-mirror-november-19-2014-jaison-lewis-game-release-cancelled-over-gay-character'&gt;https://cis-india.org/internet-governance/news/mumbai-mirror-november-19-2014-jaison-lewis-game-release-cancelled-over-gay-character&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2014-11-22T00:24:32Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/digit-november-3-2014-silky-malhotra-several-indian-twitter-users-accounts-suspended-due-to-tech-glitch">
    <title>Several Indian Twitter users' accounts suspended due to tech glitch</title>
    <link>https://cis-india.org/internet-governance/news/digit-november-3-2014-silky-malhotra-several-indian-twitter-users-accounts-suspended-due-to-tech-glitch</link>
    <description>
        &lt;b&gt;Twitter denies conspiracy theory, blames technical glitch for account suspensions &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The blog entry by Silky Malhotra was &lt;a class="external-link" href="http://www.digit.in/internet/several-twitter-users-accounts-suspended-due-to-tech-glitch-24343.html"&gt;published on digit&lt;/a&gt; on November 3, 2014. Pranesh Prakash gave his inputs.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;The accounts of several Twitter users were suspended for unknown reasons, setting off conspiracy theories that only the accounts of right-wing supporters had been targeted. However, Twitter has denied these rumors and instead blamed technical issues for the glitch.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Although Twitter blamed a technical glitch for the account suspension, several Twitter users responded by stating that there was a pattern to the suspension because 'suspended users' were asked to change their behavior to be able to continue using the micro-blogging site.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A message sent out to a Twitter user whose account was suspended read, "Twitter has automated systems that find and remove multiple automated spam accounts in bulk".&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Twitter officials have denied blocking of accounts deliberately and added that the incident was an accident as part of spam cleaning process.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Twitter also apologized for the inconvenience but added, "Unfortunately, your account got caught in one of these spam groups by mistake. It is possible your account posted an update that appeared to be spam, so please be careful what you tweet... You will need to change your behavior to continue using Twitter. Repeat violations of the Twitter rules may result in the permanent suspension of your account."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;However this statement has triggered outrage among users who called it Internet policing. Several users responded with humor, and one posted, "In the Twitter canteen you never get chicken wings in pairs because the right wing is blocked."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Pranesh Prakash, policy director, Centre for Internet and Society, stated that though there have been instances of 'privatisation of censorship' in the past, this incident may not have been that. "It doesn't look deliberate especially because even accounts such as eBay India were suspended."&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/digit-november-3-2014-silky-malhotra-several-indian-twitter-users-accounts-suspended-due-to-tech-glitch'&gt;https://cis-india.org/internet-governance/news/digit-november-3-2014-silky-malhotra-several-indian-twitter-users-accounts-suspended-due-to-tech-glitch&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2014-12-05T00:17:15Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/livemint-december-5-2014-moulishree-srivastava-india-sees-biggest-improvement-in-internet-freedom">
    <title>India sees biggest improvement in Internet freedom, says report</title>
    <link>https://cis-india.org/internet-governance/news/livemint-december-5-2014-moulishree-srivastava-india-sees-biggest-improvement-in-internet-freedom</link>
    <description>
        &lt;b&gt;Big stride ascribed to removal of restrictions imposed in 2013; globally, Internet freedom sees decline.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Moulishree Srivastava was &lt;a class="external-link" href="http://www.livemint.com/Industry/rOJyH002TuD8zfjy78YkdJ/India-sees-biggest-improvement-in-Internet-freedom-says-rep.html"&gt;published in Livemint&lt;/a&gt; on December 5, 2014. Sunil Abraham gave his inputs.&lt;/p&gt;
&lt;hr style="text-align: justify; " /&gt;
&lt;p style="text-align: justify; "&gt;India fared better this year when it came to freedom of the Net, while globally Internet freedom declined for the fourth consecutive year in 2014 with a growing number of countries introducing more aggressive online censorship and monitoring practices, said a report by Freedom House, an independent watchdog.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The global Freedom on the Net report 2014, which covered the period between 1 May 2013 and 31 May 2014 and was released on Thursday, said India scored 42 points this year, an improvement of five points over the previous reporting period.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;It’s the largest increase in Internet freedom over the past year and was ascribed to the removal of temporary restrictions on access and content that had been imposed in 2013 to stem an exodus of people from north-eastern states from wherever else they were in India.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Of the 65 countries assessed, 36 saw a decline in Internet freedom. The most significant declines were in Russia, Turkey and Ukraine. Iran, Syria and China are the world’s worst abusers of Internet freedom, said Freedom House.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A low score indicates higher Internet freedom.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The US remained relatively free compared with the rest of the world with a total score of 19, the report said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Any report on Internet freedom that ranks US as free cannot be taken seriously,” said Sunil Abraham, executive director of the Bengaluru-based research organization Centre for Internet and Society.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;There is massive intellectual property rights (IPR)-related censorship in the US, which Freedom House does not consider censorship, and the total surveillance regime of the National Security Agency that resulted in self-censorship was also ignored by Freedom House, he said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In India, curbs on content and arrests related to online publishing under Section 66A of the information technology (IT) Act declined in the past year.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;There have been nine criminal complaints filed against social media posts in the period, but the Supreme Court did its bit by curtailing arrests for online expression under the IT Act.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Independently, the Supreme Court is assessing the constitutionality of provisions in the IT Act and secondary legislation that restrict content and criminalize speech online. Section 66A of the IT Act criminalizes a wide range of speech and led to several arrests for social media posts in 2012 and early 2013. On 2 December, the Supreme Court asked the government to clarify its stand on the constitutionality of these provisions by 9 December.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Several petitioners have also challenged parts of the IT Act, including rules introducing potential criminal liability for intermediary companies for content posted by third parties, as unconstitutional in the Supreme Court.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Legislation and procedures to effectively protect privacy, meanwhile, remain lacking, and the scope of a privacy law currently being drafted is unclear,” said the Freedom House report.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;India was expected to get a privacy law before the launch of the Unique ID, or Aadhar, programme, but this has not happened.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Allegations of procedural abuses by state officials in surveillance cases have emerged in the states of Himachal Pradesh and Gujarat, in the latter while the present Prime Minister was chief minister,” the report said. “Partly in response to these scandals, the government tightened procedures in January 2014, saying officials must issue interception orders to telecommunications providers in written form, though they still require no warrant or judicial oversight.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Currently, the government can retrieve data from intermediaries such as Internet service providers, which are required to install infrastructure for surveillance and keyword scanning of all traffic passing through each gateway.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;What can curb Net freedom substantially in India, according to the report, is the Indian government’s ambitious nationwide surveillance programme, the Central Monitoring System, which allows authorities to monitor individuals’ digital communications directly without issuing orders to service providers, written or otherwise—that is, “without judicial oversight”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The move allows government agencies to intercept any online activities, phone calls, text messages and even social media conversations in real time by directly accessing interception equipment on intermediary premises.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Indian government also requested user information from international Web-based platforms including Google Inc., which received 2,794 data requests from Indian government agencies from January to June 2014. Facebook Inc. got 3,598 such requests and Twitter Inc. 19.&lt;/p&gt;
&lt;div style="text-align: justify; "&gt;Apoorva contributed to this story.&lt;/div&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/livemint-december-5-2014-moulishree-srivastava-india-sees-biggest-improvement-in-internet-freedom'&gt;https://cis-india.org/internet-governance/news/livemint-december-5-2014-moulishree-srivastava-india-sees-biggest-improvement-in-internet-freedom&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2014-12-07T11:08:34Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/ndtv-video-april-11-2013-the-social-network-regulating-social-media-unrealistic-impossible-necessary">
    <title>Regulating Social Media: Unrealistic, Impossible, Necessary?</title>
    <link>https://cis-india.org/news/ndtv-video-april-11-2013-the-social-network-regulating-social-media-unrealistic-impossible-necessary</link>
    <description>
        &lt;b&gt;The Press Council of India Chairperson Justice Markandey Katju calls for regulating social media, saying it will prevent offensive material coming into the public domain. But is it really necessary to regulate the social media? If yes, is it possible to do it?&lt;/b&gt;
        &lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;This was &lt;a class="external-link" href="http://www.ndtv.com/video/player/the-social-network/regulating-social-media-unrealistic-impossible-necessary/271183"&gt;published by NDTV&lt;/a&gt; on April 11, 2013.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;NDTV aired a discussion by Ashwin S Kumar, Co-editor, Columnist, The Unreal Times; Kunal Majumder, Assitant Editor, Tehelka.com and Pranesh Prakash, Policy Director, Centre for Internet and Society on April 11, 2013 in response to Justice Katju's comments on bringing 'social media' under the Press Council of India.&lt;/p&gt;
&lt;p&gt;Pranesh Prakash laid out four brief points:&lt;/p&gt;
&lt;ol&gt;
&lt;li style="text-align: justify; "&gt;'Social media' allows coffee house discussion and toilet wall scrawls to seem like print publications, but it's a mistake to treat it the same way we do print publications.  The UK is now planning on using prosecutorial flexibility to refrain from prosecuting simple offensive speech on social media. &lt;/li&gt;
&lt;li style="text-align: justify; "&gt;The same laws should apply online as they do offline (but how the apply, can differ), and that is currently the case.  Most content-related offences in the IPC, etc., are offences online as well as offline. &lt;/li&gt;
&lt;li style="text-align: justify; "&gt;Editors and journalists exist for most print publications and broadcast programmes, while that isn't true for most 'social media'.  So guidelines applicable to the press mostly won't be applicable online.&lt;/li&gt;
&lt;li style="text-align: justify; "&gt;Electronic publications (like Medianama, The Daily Dish, Huffington Post) which consider themselves engaged in a journalistic venture present a special problem that we &lt;b class="moz-txt-star"&gt;do&lt;span class="moz-txt-tag"&gt; &lt;/span&gt;&lt;/b&gt; need to have a public conversation about.&lt;/li&gt;
&lt;/ol&gt; 
&lt;hr /&gt;
&lt;h3&gt;Video&lt;/h3&gt;
&lt;p&gt;&lt;iframe frameborder="0" height="315" src="http://www.youtube.com/embed/wzTJO3Vvmhk" width="320"&gt;&lt;/iframe&gt;&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/ndtv-video-april-11-2013-the-social-network-regulating-social-media-unrealistic-impossible-necessary'&gt;https://cis-india.org/news/ndtv-video-april-11-2013-the-social-network-regulating-social-media-unrealistic-impossible-necessary&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Social Media</dc:subject>
    
    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Video</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    
    
        <dc:subject>Social Networking</dc:subject>
    

   <dc:date>2013-04-30T16:50:13Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/the-wire-jyoti-panday-january-29-2016-internet-has-a-new-standard-for-censorship">
    <title>The Internet Has a New Standard for Censorship</title>
    <link>https://cis-india.org/internet-governance/blog/the-wire-jyoti-panday-january-29-2016-internet-has-a-new-standard-for-censorship</link>
    <description>
        &lt;b&gt;The introduction of the new 451 HTTP Error Status Code for blocked websites is a big step forward in cataloguing online censorship, especially in a country like India where access to information is routinely restricted.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article was published in the Wire on January 29, 2016. The original can be &lt;a class="external-link" href="http://thewire.in/2016/01/29/the-internet-has-a-new-standard-for-censorship-20386/"&gt;read here&lt;/a&gt;.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;Ray Bradbury’s dystopian novel Fahrenheit 451 opens with the declaration, “It was a pleasure to burn.” The six unassuming words offer a glimpse into the mindset of the novel’s protagonist, ‘the fireman’ Guy Montag, who burns books. Montag occupies a world of totalitarian state control over the media where learning is suppressed and censorship prevails. The title alludes to the ‘temperature at which book paper catches fire and burns,’ an apt reference to the act of violence committed against citizens through the systematic destruction of literature. It is tempting to think about the novel solely as a story of censorship. It certainly is. But it is also a story about the value of intellectual freedom and the importance of information.&lt;br /&gt;&lt;br /&gt;Published in 1953, Bradbury’s story predates home computers, the Internet, Twitter and Facebook, and yet it anticipates the evolution of these technologies as tools for censorship. When the state seeks to censor speech, they use the most effective and easiest mechanisms available. In Bradbury’s dystopian world, burning books did the trick; in today’s world, governments achieve this by blocking access to information online. The majority of the world’s Internet users encounter censorship even if the contours of control vary depending on the country’s policies and infrastructure.&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;Online censorship in India&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;In India, information access  blockades have become commonplace and are increasingly enforced across  the country for maintaining political stability, for economic &lt;/span&gt;&lt;a href="http://www.indiantelevision.com/regulators/high-court/delhi-hc-restrains-200-websites-from-illegally-showing-balajis-kyaa-kool-hain-hum-3-160123" target="_blank"&gt;&lt;span&gt;reasons&lt;/span&gt;&lt;/a&gt;&lt;span&gt;, in defence of national security or preserving social values. Last week, the Maharashtra Anti-terror Squad &lt;/span&gt;&lt;a href="http://www.abplive.in/india-news/maharashtra-ats-blocks-94-isis-websites-brainwashing-the-youth-280192"&gt;&lt;span&gt;blocked&lt;/span&gt;&lt;/a&gt;&lt;span&gt; 94 websites that were allegedly radicalising the youth to join the  militant group ISIS. Memorably, in 2015 the NDA government’s ham-fisted &lt;/span&gt;&lt;a href="http://thewire.in/2015/08/03/the-government-does-not-want-you-accessing-porn-on-the-internet-anymore-7782/"&gt;&lt;span&gt;attempts&lt;/span&gt;&lt;/a&gt;&lt;span&gt; at enforcing a ban on online pornography resulted in widespread public  outrage. Instead of revoking the ban, the government issued yet another  vaguely worded and in many senses astonishing order. As reported by &lt;/span&gt;&lt;i&gt;&lt;a href="http://www.medianama.com/2015/08/223-porn-india-ban/"&gt;&lt;span&gt;Medianama&lt;/span&gt;&lt;/a&gt;&lt;/i&gt;&lt;span&gt;,  the revised order delegates the responsibility of determining whether  banned websites should remain unavailable to private intermediaries. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The state’s shifting reasons for  blocking access to information is reflective of its tendentious attitude  towards speech and expression. Free speech in India is messily  contested and normally, the role of the judiciary acts as a check on the  executive’s proclivity for banning. For instance, in 2010 the Supreme  Court &lt;/span&gt;&lt;a href="http://timesofindia.indiatimes.com/india/Supreme-Court-lifts-ban-on-James-Laines-book-on-Shivaji/articleshow/6148410.cms"&gt;&lt;span&gt;upheld&lt;/span&gt;&lt;/a&gt;&lt;span&gt; the Maharashtra High Court’s decision to revoke the ban on the book on  Shivaji by American author James Laine, which, according to the state  government, contained material promoting social enmity. However, in the  context of communications technology the traditional role of courts is  increasingly being passed on to private intermediaries. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The delegation of authority is  evident in the government notifying intermediaries to proactively filter  content for ‘child pornography’ in the revised &lt;/span&gt;&lt;a href="http://cis-india.org/internet-governance/resources/dot-morality-block-order-2015-07-31/view"&gt;&lt;span&gt;order&lt;/span&gt;&lt;/a&gt;&lt;span&gt; issued to deal with websites blocked as result of its crackdown on  pornography. Such screening and filtering requires intermediaries to  make a determination on the legality of content in order to avoid direct  liability. As international best practices such as the &lt;/span&gt;&lt;a href="https://www.manilaprinciples.org/"&gt;&lt;span&gt;Manila Principles on Intermediary Liability&lt;/span&gt;&lt;/a&gt; &lt;span&gt;point  out, such screening is a slow process and costly and  intermediaries  are incentivised to simply limit access to information. &lt;/span&gt;&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;&lt;span&gt;Blocking procedures and secrecy&lt;/span&gt;&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The constitutional validity of Section 69A of the Information Technology Act, 2008 which grants power to the executive to block access to information unchecked, and in secrecy was challenged in Shreya Singhal v. Union of India. Curiously, the Supreme Court upheld S69A reasoning that the provisions were narrowly-drawn with adequate safeguards and noted that any procedural inconsistencies may be challenged through writ petitions under Article 226 of the Constitution. Unfortunately as past instances of blocking under S69A reveal the provisions are littered with procedural deficiencies, amplified manifold by the authorities responsible for interpreting and implementing the orders.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Problematically, an &lt;/span&gt;&lt;a href="http://cis-india.org/internet-governance/blog/is-india2019s-website-blocking-law-constitutional-2013-i-law-procedure"&gt;&lt;span&gt;opaque&lt;/span&gt;&lt;/a&gt;&lt;span&gt; confidentiality criteria built into the blocking rules mandates secrecy  in requests and recommendations for blocking and places written orders  outside the purview of public scrutiny. As there are no comprehensive  list of blocked websites or of the legal orders, the public has to rely  on ISPs leaking orders, or media reports to understand the censorship  regime in India. RTI applications requesting further information on the  implementation of these safeguards have at best provided&lt;/span&gt; &lt;a href="http://cis-india.org/internet-governance/blog/response-deity.clarifying-procedures-for-blocking.pdf"&gt;&lt;span&gt;incomplete&lt;/span&gt;&lt;/a&gt;&lt;span&gt; information. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Historically, the courts in India have &lt;/span&gt;&lt;a href="http://www.livemint.com/Politics/hDIjjunGikWywOgSRiM7NP/SC-has-set-a-high-threshold-for-tolerance-Lawrence-Liang.html"&gt;&lt;span&gt;held&lt;/span&gt;&lt;/a&gt;&lt;span&gt; that Article 19(1)(a) of the Constitution of India is as much about the  right to receive information as it is to disseminate, and when there is  a chilling effect on speech, it also violates the right to receive  information. Therefore, if a website is blocked citizens have a  constitutional right to know the legal grounds on which access is being  restricted. Just like the government announces and clarifies the grounds  when banning a book, users have a right to know the grounds for  restrictions on their speech online. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Unfortunately, under the&lt;/span&gt;&lt;a href="http://cis-india.org/internet-governance/blog/deity-says-143-urls-blocked-in-2015"&gt; &lt;span&gt;present&lt;/span&gt;&lt;/a&gt;&lt;span&gt; blocking regime in India there is no easy way for a service provider to  comply with a blocking order while also notifying users that censorship  has taken place. The ‘&lt;/span&gt;&lt;a href="http://cis-india.org/internet-governance/resources/information-technology-procedure-and-safeguards-for-blocking-for-access-of-information-by-public-rules-2009"&gt;&lt;span&gt;Blocking Rules&lt;/span&gt;&lt;/a&gt;&lt;span&gt;’ require notice “person &lt;/span&gt;&lt;span&gt;or&lt;/span&gt;&lt;span&gt; intermediary” thus implying that notice may be sent to either the  originator or the intermediary. Further, the confidentiality clause &lt;/span&gt;&lt;a href="https://indconlawphil.wordpress.com/2015/03/25/the-supreme-courts-it-act-judgment-and-secret-blocking/"&gt;&lt;span&gt;raises&lt;/span&gt;&lt;/a&gt;&lt;span&gt; the presumption that nobody beyond the intermediaries ought to know about a block. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Naturally, intermediaries interested in self-preservation and avoiding conflict with the government become complicit in maintaining secrecy in blocking orders. As a result, it is often difficult to determine why content is inaccessible and users often mistake censorship for technical problem in accessing content. Consequently, pursuing legal recourse or trying to hold the government accountable for their censorious activity becomes a challenge. In failing to consider the constitutional merits of the confidentiality clause, the Supreme Court has shied away from addressing the over-broad reach of the executive. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Secrecy in removing or blocking access is a global problem that places limits on the transparency expected from ISPs. Across &lt;/span&gt;&lt;a href="https://books.google.co.in/books?id=s1LBBwAAQBAJ&amp;amp;pg=PA88&amp;amp;lpg=PA88&amp;amp;dq=transparency+and+blocking+orders&amp;amp;source=bl&amp;amp;ots=8kJ5LNJU5s&amp;amp;sig=gB9E01_gQ3QsjwFtnpa5KdIL8oA&amp;amp;hl=en&amp;amp;sa=X&amp;amp;ved=0ahUKEwirzr7ZlMzKAhXEt44KHdxkBxQQ6AEIOzAF#v=onepage&amp;amp;q=transparency%20and%20blocking%20orders&amp;amp;f=false"&gt;&lt;span&gt;many&lt;/span&gt;&lt;/a&gt;&lt;span&gt; jurisdictions intermediaries are legally &lt;/span&gt;&lt;a href="https://books.google.co.in/books?id=s1LBBwAAQBAJ&amp;amp;pg=PA88&amp;amp;lpg=PA88&amp;amp;dq=transparency+and+blocking+orders&amp;amp;source=bl&amp;amp;ots=8kJ5LNJU5s&amp;amp;sig=gB9E01_gQ3QsjwFtnpa5KdIL8oA&amp;amp;hl=en&amp;amp;sa=X&amp;amp;ved=0ahUKEwirzr7ZlMzKAhXEt44KHdxkBxQQ6AEIOzAF#v=onepage&amp;amp;q=transparency%20and%20blocking%20orders&amp;amp;f=false"&gt;&lt;span&gt;prohibited&lt;/span&gt;&lt;/a&gt;&lt;span&gt; from publicising filtering orders as well as information relating to  content or service restrictions. For example in United Kingdom, ISPs are  prohibited from revealing blocking orders related to terrorism and  surveillance. In South Korea, the &lt;/span&gt;&lt;a href="http://www.singo.or.kr/eng/01_introduction/introduction.php"&gt;&lt;span&gt;Korean Communications Standards Commission&lt;/span&gt;&lt;/a&gt;&lt;span&gt; holds public meetings that are open to the public. However, the sheer v&lt;/span&gt;&lt;a href="https://www.eff.org/deeplinks/2011/08/south-korea-only-thing-worse-online-censorship"&gt;&lt;span&gt;olume&lt;/span&gt;&lt;/a&gt;&lt;span&gt; of censorship (i.e. close to 10,000 URLs a month) makes it &lt;/span&gt;&lt;a href="https://www.eff.org/deeplinks/2011/08/south-korea-only-thing-worse-online-censorship"&gt;&lt;span&gt;unwieldy&lt;/span&gt;&lt;/a&gt;&lt;span&gt; for public oversight. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;As the Manila Principles &lt;/span&gt;&lt;a href="https://www.eff.org/files/2015/07/08/manila_principles_background_paper.pdf"&gt;&lt;span&gt;note&lt;/span&gt;&lt;/a&gt;&lt;span&gt;,  providing users with an explanation and reasons for placing  restrictions on their speech and expression increases civic engagement.  Transparency standards will empower citizens to demand that companies  and governments they interact with are more accountable when it comes to  content regulation. It is worth noting, for conduits as opposed to  content hosts, it may not always be technically feasible for to provide a  notice when content is unavailable due to filtering. A new standard  helps improve transparency standards for network level intermediaries  and for websites bound by confidentiality requirements. The recently  introduced HTTP code for errors is a critical step forward in  cataloguing censorship on the Internet. &lt;/span&gt;&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;&lt;span&gt;A standardised code for censorship&lt;/span&gt;&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;On December 21, 2015, the Internet Engineering Standards Group (IESG) which is the organisation responsible for reviewing and updating the internet’s operating standards approved the publication of 451-’An HTTP Status Code to Report Legal Obstacles’. The code provides intermediaries a standardised way to notify users know when a website is unavailable following a legal order. Publishing the code allows intermediaries to be transparent about their compliance with court and executive orders across jurisdictions and is a huge step forward for capturing online censorship. HTTP code 451 was introduced by software engineer Tim Bray and the code’s name is an homage to Bradbury’s novel Fahrenheit 451. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Bray began developing the code after  being inspired by a blog post by Terence Eden calling for a  censorship  error code. The code’s official status comes after two years of  discussions within the technical community and is a result of  campaigning from transparency and civil society advocates who have been  pushing for clearer labelling of internet censorship. Initially, the  code received pushback from within the technical community for reasons  enumerated by Mark Nottingham, Chair of the IETF HTTP Working Group in  his &lt;/span&gt;&lt;a href="https://www.mnot.net/blog/2015/12/18/451"&gt;&lt;span&gt;blog&lt;/span&gt;&lt;/a&gt;&lt;span&gt;.  However, soon sites began using the code on an experimental and  unsanctioned basis and faced with increasing demand for and feedback,  the code was accepted. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The HTTP code 451 works as a  machine-readable flag and has immense potential as a tool for  organisations and users who want to quantify and understand censorship  on the internet. Cataloguing online censorship is a challenging,  time-consuming and expensive task. The HTTP code 451 circumvents  confidentiality obligations built into blocking or licensing regimes and  reduces the cost of accessing blocking orders. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The code creates a distinction  between websites blocked following a court or an executive order, and  when information is inaccessible due to technical errors. If implemented  widely, Bray’s new code will help &lt;/span&gt;&lt;a href="http://www.theverge.com/2015/12/21/10632678/http-status-code-451-censorship-tim-bray"&gt;&lt;span&gt;prevent&lt;/span&gt;&lt;/a&gt;&lt;span&gt; confusion around blocked sites. The code addresses the issue of the ISP’s misleading and inaccurate usage of &lt;/span&gt;&lt;a href="https://en.wikipedia.org/wiki/HTTP_403"&gt;&lt;span&gt;Error 403&lt;/span&gt;&lt;/a&gt;&lt;span&gt; ‘Forbidden’ (to indicate that the server can be reached and understood  the request, but refuses to take any further action) or 404 ‘&lt;/span&gt;&lt;a href="https://en.wikipedia.org/wiki/HTTP_404"&gt;&lt;span&gt;Not Found&lt;/span&gt;&lt;/a&gt;&lt;span&gt;’ (to indicate that the requested resource could not be found but may be available again in the future). &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Adoption of the new standard is  optional, though at present there are no laws in India that prevent  intermediaries doing so. Implementing a standardised machine-readable  flag for censorship will go a long way in bolstering the accountability  of ISPs that have in the &lt;/span&gt;&lt;a href="http://www.medianama.com/2014/12/223-india-blocks-imgur/"&gt;&lt;span&gt;past&lt;/span&gt;&lt;/a&gt;&lt;span&gt; targeted an entire domain instead of the specified URL. Adoption of the  standard by ISPs will also improve the understanding of the burden  imposed on intermediaries for censoring and filtering content as  presently, there is no clarity on what constitutes compliance.  Of  course, censorious governments may &lt;/span&gt;&lt;a href="https://nakedsecurity.sophos.com/2015/12/23/welcome-to-http-error-code-451-unavailable-for-legal-reasons/"&gt;&lt;span&gt;prohibit&lt;/span&gt;&lt;/a&gt;&lt;span&gt; the use of the code, for example by issuing an order that specifies not  only that a page be blocked, but also precisely which HTTP return code  should be used. Though such sanctions should be &lt;/span&gt;&lt;a href="https://cdt.org/blog/censorship-transparency-comes-to-the-web/"&gt;&lt;span&gt;viewed&lt;/span&gt;&lt;/a&gt;&lt;span&gt; as evidence of systematic rights violation and totalitarian regimes. &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;In India where access to software code repositories such as Github and Sourceforge are routinely &lt;/span&gt;&lt;span&gt;&lt;a href="http://cis-india.org/internet-governance/resources/2014-12-17_DoT-32-URL-Block-Order.pdf"&gt;restricted&lt;/a&gt;,&lt;/span&gt;&lt;span&gt; the need for such code is obvious. The use of the code will improve  confidence in blocking practices, allowing  users to understand the  grounds on which their right to information is being restricted.  Improving transparency around censorship is the only way to build trust  between the government and its citizens about the laws and policies  applicable to internet content.&lt;/span&gt;&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/the-wire-jyoti-panday-january-29-2016-internet-has-a-new-standard-for-censorship'&gt;https://cis-india.org/internet-governance/blog/the-wire-jyoti-panday-january-29-2016-internet-has-a-new-standard-for-censorship&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>jyoti</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Chilling Effect</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2016-01-30T09:17:54Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/why-india-snubbed-facebooks-free-internet-offer">
    <title>Why India snubbed Facebook's free Internet offer</title>
    <link>https://cis-india.org/internet-governance/news/why-india-snubbed-facebooks-free-internet-offer</link>
    <description>
        &lt;b&gt;The social media giant wanted to give the people of India free access to a chunk of the Internet, but the people weren't interested.&lt;/b&gt;
        &lt;p&gt;The blog post by Daniel Van Boom was &lt;a class="external-link" href="http://www.cnet.com/news/why-india-doesnt-want-free-basics/"&gt;published by Cnet&lt;/a&gt; on February 26, 2016. Sunil Abraham was quoted.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;Mark Zuckerberg's ambitious mission to provide free Internet access to rural India was rejected by the people it was intended to help long before the country's regulators banned it earlier this month.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Around the country, farmers, labourers and office workers scorned Facebook's offer. Called Free Basics, it provided only limited access to the Internet through a suite of websites and services that, unsurprisingly, included Facebook. They felt the limited service didn't follow the open nature of the Internet, where all sites and online destinations should be equally accessible, so they organized real-world protests and an online Save The Internet campaign, with the message that Zuckerberg's efforts weren't welcome.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;You might think people would jump at the opportunity to access Facebook for free, especially since more than a billion people use the social network every day. But it's that hitch -- that they can't access everything else -- which is precisely the problem, said Sunil Abraham, the executive director of the Centre for Internet and Society India. "Even if somebody spends 90 percent of their time on Facebook, that 10 percent is equally as important."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Indian regulators sided with popular opinion and &lt;a href="http://www.cnet.com/news/facebook-free-basics-gets-blocked-in-india/"&gt;&lt;span&gt;cut off Free Basics&lt;/span&gt;&lt;/a&gt; in the world's second-most populous country on February 8. The ruling by the Telecom Regulatory Authority of India (TRAI) forbids all zero-rating plans, meaning anyone offering customers free access to only a limited set of services of sites are banned. It was championed as a victory for Net neutrality, the principle that everyone should have equal access to all content on the Internet.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The decision was undoubtedly a blow for Facebook, which says it wants to connect the billions of have-nots around the world to the Internet through the program. While more than half the world's online population uses Facebook each month, the company's efforts to connect with the developing world -- with Free Basics also being available in over 30 other countries, such as Kenya and Iraq -- could be a boon for business.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"[The Internet] must remain neutral for everyone, individuals and businesses alike. Everyone must have equal access to it," said Rajesh Sawhney, a Mumbai-based tech entrepreneur, in support of TRAI's decision to reject Free Basics. He believes the zero-rating scheme can be misused by telcos and other companies to create divisive ecosystems, where certain brands or companies are included and others aren't.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The package wasn't without its supporters though, with some being disappointed with the government's intervention in the marketplace.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"It is generally assumed that there is something sinister behind violations of Net neutrality...but that is not always true," says software engineer Shashank Mehra. "ISPs trying to match consumer demand isn't something sinister, it is a market process."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The social media giant further defends itself by pointing out that Free Basics is &lt;a href="https://info.internet.org/en/2015/11/19/internet-org-myths-and-facts/" target="_blank"&gt;&lt;span&gt;open to any and all developers&lt;/span&gt;&lt;/a&gt;, including competitors Twitter and Google, as long as they meet the program's &lt;a href="https://developers.facebook.com/docs/internet-org/platform-technical-guidelines" target="_blank"&gt;&lt;span&gt;technical standards.&lt;/span&gt;&lt;/a&gt; This evidently wasn't enough to convince much of India.&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;The problem persists&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;Facebook disputes claims that its interest in India is commercial, saying its efforts are humanitarian. In speeches over the past few months, Zuckerberg has painted Internet access as a tool for global good. "The research has shown on this that for every 10 people who get access to the internet, about one person gets a new job, and about one person gets lifted out of poverty," &lt;a href="https://www.youtube.com/watch?v=nqkKiGhIyXs#t=4m03s" target="_blank"&gt;&lt;span&gt;he said at a Townhall Q&amp;amp;A&lt;/span&gt;&lt;/a&gt; in Delhi last October. "Connecting things in India is one of the most important things we can do in the world."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Zuckerberg appears to have taken the loss in stride. &lt;a href="http://www.cnet.com/news/mark-zuckerberg-internet-org-telecoms-project-mobile-world-congress-2016/"&gt;&lt;span&gt;During a keynote address at the Mobile World Conference in Barcelona&lt;/span&gt;&lt;/a&gt; earlier this week, he admitted to being disappointed by the ruling, but added, "We are going to focus on different programs [in India]...we want to work with all the operators there." A Facebook spokesperson said the company "will continue our efforts to eliminate barriers and give the unconnected an easier path to the Internet and the opportunity it brings."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Those ideals could certainly help in India, where around &lt;a href="http://data.worldbank.org/indicator/SP.RUR.TOTL.ZS" target="_blank"&gt;&lt;span&gt;68 percent&lt;/span&gt;&lt;/a&gt; of its population -- about 880 million people -- live in rural conditions or poverty. The promise of free access to health, education, local and national news through an Internet connection could potentially improve quality of live. So what's the problem?&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The service providers would also be granting free Facebook.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Peggy Wolff, a volunteer coordinator at education NGO Isha Vidhya, says Facebook is just the latest in a long line of international companies hoping to crack rural India, where the bulk of the country's poor live.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;While admitting that low cost or free Internet is imperative in rural areas, that "smart villages" are needed to help ease the human burden on India's increasingly overcrowded cities, she says, "Free basics is just a bit suspicious to most people. There's just too much vested interest."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"The big question." Sawhney says, "is how do we give fast and free Internet to a large section of society in India?"&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;There are alternatives. United States-based Jana, for instance, developed an Android app called mCent that allows its growing userbase of 30 million to earn data by downloading and using certain apps or watching advertisements from sponsors. Unlike Free Basics, that data can be expended on any online destination.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Jana's CEO Nathan Eagle, like Zuckerberg, says his mission is to bring Internet connectivity to the next billion people. "Today, Internet connectivity in emerging markets is much more an issue of affordability, rather than access," he explains. "1.3 billion people in emerging markets now have Android phones...it's the cost of data that is prohibitive."&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/why-india-snubbed-facebooks-free-internet-offer'&gt;https://cis-india.org/internet-governance/news/why-india-snubbed-facebooks-free-internet-offer&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Free Basics</dc:subject>
    
    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2016-02-27T07:49:08Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/vimeo-ban">
    <title>Vimeo Ban: More Web Censorship</title>
    <link>https://cis-india.org/news/vimeo-ban</link>
    <description>
        &lt;b&gt;When Indian users logged on to  Vimeo and some other video-sharing websites Thursday morning, they were greeted by a rather unusual message: "Access to this site has been blocked as per Court Orders."&lt;/b&gt;
        
&lt;p&gt;&lt;a class="external-link" href="http://goo.gl/dd6ZQ"&gt;This article by Preetika Rana published in the Wall Street Journal on May 18, 2012&lt;/a&gt;. Pranesh Prakash is quoted in it.&lt;/p&gt;
&lt;p&gt;When Indian users logged on to&amp;nbsp; Vimeo and some other video-sharing websites Thursday morning, they were greeted by a rather unusual message: "Access to this site has been blocked as per Court Orders."&lt;br /&gt;&lt;br /&gt;The websites were blocked by private telecom operators following a ruling by Chennai’s High Court in March.&lt;br /&gt;&lt;br /&gt;&lt;a class="external-link" href="http://economictimes.indiatimes.com/tech/internet/file-sharing-sites-like-vimeo-com-torrentz-eu-others-blockage-sets-off-torrent-of-abuse/articleshow/13231127.cms"&gt;The story began&lt;/a&gt; when Chennai-based Copyrights Labs, a firm specializing in copyright infringement, petitioned the High Court to take pre-emptive action against people who might illegally upload two Tamil-language films: "3" and "Dammu."&lt;br /&gt;&lt;br /&gt;The court ruled that Internet service providers, or ISPs, could block video-sharing sites where those films were illegally available.&lt;br /&gt;&lt;br /&gt;The court named 15 prominent ISPs who were covered by the order.&lt;br /&gt;&lt;br /&gt;But the court did not name any particular video-sharing websites to be taken down. And it remains unclear if any of those affected this week even carried the two films in question.&lt;br /&gt;&lt;br /&gt;Two major Indian ISPs, Bharti Airtel and Reliance Communications, blocked content sharing websites including U.S.-based Vimeo and France-based Dailymotion and Pastebin.&lt;br /&gt;&lt;br /&gt;They cited the court order as a reason but without proof the sites were carrying the movies. Other ISPs named in the court order did not attempt to block any websites.&lt;/p&gt;
&lt;p&gt;The two telecom giants offered little further clarity on why these websites were blocked. “Access to certain sites has been blocked by Airtel pursuant to and in compliance with Court orders,” Bharti Airtel said in a statement.&lt;/p&gt;
&lt;p&gt;Reliance Communication’s statement said: "Under Section 79 of the IT Act, an ISP has to adhere to any copyright infringement notice and court orders."&lt;/p&gt;
&lt;p&gt;Responding to reports of the ban, Harish Ram, chief executive of Copyrights Labs said Thursday: "We have been fighting for this for long and it seems the ISPs are finally responding."&lt;/p&gt;
&lt;p&gt;By Friday, the ISPs had restored services for Vimeo, Dailymotion and Pastebin, although some users still reported access problems.&lt;/p&gt;
&lt;p&gt;It is still unclear why the March order came into effect only now or why Reliance and Airtel decied to unblock the websites. The telecom firms did not immediately respond to request for comment.&lt;/p&gt;
&lt;p&gt;Experts attacked ISPs for clamping down on free speech on the web.&lt;/p&gt;
&lt;p&gt;"Why and how did telecom giants target select websites," said Pranesh Prakash, a program manager at Bangalore based-Centre for Internet and Society, a non-profit group advocating free speech on the web. He pointed out that the High Court did not spell out the names of websites that should be blocked.&lt;/p&gt;
&lt;p&gt;"Shutting websites merely on the basis of suspicion amounts to private crackdown on free speech of the web," he said. "Why didn’t the telecom ministry repeal or object to the move, knowing that the court didn’t spell out the websites to be blocked?"&lt;/p&gt;
&lt;p&gt;Bhupendra Kainthola, a spokesman for the telecom ministry, noted that the "government or the telecom ministry had nothing to do with the high court ruling.” When asked why the ministry did not intervene, Mr. Kainthola responded: “What can we do? If an order has been passed, we have to follow it… that is the law of the land."&lt;/p&gt;
&lt;p&gt;The move comes &lt;a class="external-link" href="http://online.wsj.com/article/SB10001424052970204542404577158342623999990.html"&gt;only a few months after&lt;/a&gt; the central government issued an official sanction to prosecute internet giants Facebook Inc. and Google Inc., alleging that they host "blasphemous" content on their websites. A criminal case against the two companies is ongoing.&lt;/p&gt;

        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/vimeo-ban'&gt;https://cis-india.org/news/vimeo-ban&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2012-05-24T09:19:38Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/sibal-shoot-down-motion-to-kill-it-rules">
    <title>Kapil Sibal &amp; Co shoot down motion to kill IT Rules: cite terrorism, drugs</title>
    <link>https://cis-india.org/news/sibal-shoot-down-motion-to-kill-it-rules</link>
    <description>
        &lt;b&gt;The Information Technology (Intermediaries Guidelines) Rules 2011 (The Rules) continue to breathe after the statutory motion to annul them moved by member of parliament (MP) from Kerala P Rajeeve was defeated by voice vote in the Rajya Sabha yesterday.&lt;/b&gt;
        
&lt;p&gt;&lt;a class="external-link" href="http://www.legallyindia.com/Social-lawyers/motion-to-kill-it-rules-defeated"&gt;This blog post by Prachi Shrivastava was published in Legally India on May 18, 2012&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;Telecom Minister Kapil Sibal was heard on Rajya Sabha TV saying: “We are more liberal than US and Europe but let’s not cut our arms.”&lt;/p&gt;
&lt;p&gt;Sibal countered Rajeeve’s annulment motion arguing that the government needs to be armed to meet the “new challenges” posed by “new media”, according to &lt;a class="external-link" href="http://www.livemint.com/2012/05/17225536/Govt-pledges-to-review-plans-t.html"&gt;Mint&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;"Kapil Sibal reminds me of badly briefed counsels fumbling in the High Court" tweeted &lt;a class="external-link" href="https://twitter.com/#!/pranesh_prakash"&gt;Pranesh Prakash&lt;/a&gt; of the Centre for Internet and Society (CIS) as Sibal was mid-delivery in contending that online media not registered in India escaped the ambit of Indian legislation and thus created the peril of terrorism and increased drug peddling.&lt;/p&gt;
&lt;p&gt;Another person tweeted: "The gist of Sibal’s argument was that we need to censor the internet because people are doing drugs."&lt;/p&gt;
&lt;p&gt;Sibal’s answer to MP Ram Yadav’s attack on The Rules for being inconsistent with their parent act – the Information Technology Act 2000 (IT Act) – was that &lt;a class="external-link" href="http://www.mit.gov.in/sites/upload_files/dit/files/GSR314E_10511(1).pdf"&gt;Rule 3(2)&lt;/a&gt; which prescribes “due diligence” to be observed by an internet intermediary, originates from &lt;a class="external-link" href="http://www.lawzonline.com/bareacts/information-technology-act/section66A-information-technology-act.htm"&gt;Section 66A of the IT Act&lt;/a&gt;, thus making the rules consistent with the parent act.&lt;/p&gt;
&lt;p&gt;Section 3(2) obligates the intermediary to take down content posted on a website, on the basis of several undefined criteria.&lt;/p&gt;
&lt;p&gt;"Minister you have created perverse incentives for censoring speech through law. That is regulation, not merely a definition of due diligence” proclaimed Supreme Court advocate &lt;a class="external-link" href="https://twitter.com/#!/aparatbar"&gt;Apar Gupta&lt;/a&gt; in a tweet posted during Sibal’s defense of the rules.&lt;/p&gt;
&lt;p&gt;Prakash tweeted: "The IT Rules don’t just prescribe ‘due diligence’ but create a takedown mechanism. That’s not the same thing Mr. Sibal."&lt;/p&gt;
&lt;p&gt;Sibal went on to establish that the government’s motive was not censorious by stating: “It is your choice, you are free to work with the user who complains to an intermediary. Where does the government come in?”&lt;/p&gt;
&lt;p&gt;To which quipped Prakash: “Government is not censoring. It has created a system by which anyone can censor with impunity.”&lt;/p&gt;
&lt;h3&gt;Jaitley in-perspective&lt;/h3&gt;
&lt;p&gt;Leader of the opposition senior advocate Arun Jaitley objected to The Rules holding that terms such as “disparaging”, ”libellous”, “defamatory”&lt;a class="external-link" href="http://www.legallyindia.com/201201182502/Legal-opinions/sopa-blackout-day-bah-wheres-the-kolaveri-about-indias-it-act-intermediaries-rules"&gt; not defined in the Act or the Rules but enabling take-down of content&lt;/a&gt;, could be misused, according to &lt;a class="external-link" href="http://timesofindia.indiatimes.com/tech/news/internet/Internet-would-have-made-1975-Emergency-a-fiasco-Arun-Jaitely/articleshow/13219214.cms"&gt;Times of India&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;IBN Live reported him as urging Sibal to "reconsider the language of restraints".&lt;/p&gt;
&lt;p&gt;Sibal addressed the house inviting objections from MPs on specific “words” contained in The Rules which provide for control of speech over the internet, according to&lt;a class="external-link" href="http://ibnlive.in.com/generalnewsfeed/news/govt-for-consensus-on-rules-for-internet-content-control/999876.html"&gt; PTI&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;He further proposed to call a meeting of “stakeholders” to discuss the MPs’ objections, and assured that the consensus that emerges from the meeting will be implemented.&lt;/p&gt;
&lt;h3&gt;Draconian Censorious Rules&lt;/h3&gt;
&lt;p&gt;&lt;a class="external-link" href="http://www.legallyindia.com/Social-lawyers/mps-to-be-taught-draconian-it-act-rules-as-indianet-support-galvanises-for-annul-motion"&gt;Legally India&lt;/a&gt; reported last month how Rajeeve was trying to spread awareness among MPs about the draconian effect of the Rules which censor free speech and expression, by over-scrutinising users of the internet, over-authorising intermediaries to monitor content posted over the internet, and letting the government, individuals and institutions by-pass the due process of law.&lt;/p&gt;
&lt;p&gt;The Rules in their present form require intermediaries - providers of internet, telecom, e-mail or blogging services, including cyber cafes - to publish terms of use prohibiting users from publishing content of the nature specified in the Rules.&lt;/p&gt;
&lt;p&gt;Once the intermediaries have knowledge of posted content that is in violation of such terms of use, they are liable for compensation if they fail to initiate action for removal of the posted content.&lt;/p&gt;
&lt;p&gt;Some of the categories of prohibited content specified in the Rules are undefined, are not an offence under existing law, and &lt;a class="external-link" href="http://www.legallyindia.com/201203062622/Bar-Bench-Litigation/read-first-writ-challenging-censorious-it-act-intermediaries-rules-in-kerala"&gt;are claimed to be in violation of article 19(1) of the Constitution guaranteeing the freedom of speech and expression&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;CIS uncovered an additional problem the rules pose - that of &lt;a class="external-link" href="http://www.legallyindia.com/201112072434/Regulatory/kapil-sibal-to-sterilise-net-but-cis-sting-shows-6-out-of-7-websites-already-trigger-happy-to-censor-content-under-chilling-it-act"&gt;“over-complying” intermediaries&lt;/a&gt; who in order to minimize the risk of liability may block more content than required, adversely impacting the fundamental right guaranteed under article 19(1).&lt;/p&gt;
&lt;p&gt;"By and large, the impression is that India is going in the direction of censorship," Mint reported cyber law expert and supreme court lawyer Pavan Duggal as saying, yesterday.&lt;/p&gt;

        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/sibal-shoot-down-motion-to-kill-it-rules'&gt;https://cis-india.org/news/sibal-shoot-down-motion-to-kill-it-rules&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Public Accountability</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    
    
        <dc:subject>Information Technology</dc:subject>
    

   <dc:date>2012-05-24T09:45:43Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/twitter2019s-censorship-move-aimed-at-regaining-china">
    <title>Twitter’s Censorship Move Aimed at Regaining China?</title>
    <link>https://cis-india.org/news/twitter2019s-censorship-move-aimed-at-regaining-china</link>
    <description>
        &lt;b&gt;Twitter, the popular social networking site for micro-blogging, has announced it is open to content censorship and region-based filtering, if required by law. The service boasts nearly 300 million users from across the world. Vinod Yalburgi writes this in the International Business Times.&lt;/b&gt;
        
&lt;p&gt;In a Twitter post - "Tweets Must Still Flow", the service's management has stated: "Starting today, we give ourselves the ability to reactively withhold content from users in a specific country, while keeping it available in the rest of the world."&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; &lt;br /&gt;&lt;br /&gt;Twitter's drastic move comes in the wake of recent U.S. government allegations against Internet sites like Google, Yahoo and &lt;a class="external-link" href="http://www.ibtimes.co.uk/topics/detail/372/facebook/"&gt;Facebook&lt;/a&gt;, regarding the need to regulate and filter controversial user-generated content. Both Google and &lt;a class="external-link" href="http://www.ibtimes.co.uk/articles/289019/20120128/facebook-timeline-privacy-5-things-basics.htm"&gt;Facebook&lt;/a&gt; have made similar commitments.&amp;nbsp;&lt;/p&gt;
&lt;h3&gt;&lt;strong&gt;Like us on Facebook&lt;/strong&gt;&lt;/h3&gt;
&lt;p class="getfaceBook"&gt;However, it must be seen if either of the three do follow through with those commitments.&lt;/p&gt;
&lt;p class="getfaceBook"&gt;Meanwhile, experts quoted in a report by The Times of &lt;a class="external-link" href="http://www.ibtimes.co.uk/topics/detail/420/india/"&gt;India&lt;/a&gt;, where too social networking Web sites are coming under the scanner, suggest the lack of clarity in laws in countries like &lt;a class="external-link" href="http://www.ibtimes.co.uk/topics/detail/420/india/"&gt;India&lt;/a&gt; means Twitter can only act reactively; the situation in &lt;a class="external-link" href="http://www.ibtimes.co.uk/topics/detail/352/germany/"&gt;Germany&lt;/a&gt; or France, for example, where laws about pro-Nazi propaganda are codified, they can act proactively.&lt;/p&gt;
&lt;p class="getfaceBook"&gt;Another post by Twitter speaks of a new feature that will allow the site's administrators to enable region-based selective content blocking, thereby allowing region-sensitive information to remain hidden from users in those areas. The post also cited the example of &lt;a class="external-link" href="http://www.ibtimes.co.uk/topics/detail/352/germany/"&gt;Germany &lt;/a&gt;and France: "Some countries differ so much from our ideas that we will not be able to exist there. Others restrict certain types of content, such as France or Germany, which ban pro-Nazi content."&lt;/p&gt;
&lt;p class="getfaceBook"&gt;There is also speculation that one reason for this decision could be Twitter's plans to re-enter the Chinese market, where the micro-blogging service has been banned since 2009. Incidentally, &lt;a class="external-link" href="http://www.ibtimes.co.uk/topics/detail/227/china/"&gt;China&lt;/a&gt; boasts the largest number of Internet users in the world, at this moment.&lt;/p&gt;
&lt;p class="getfaceBook"&gt;The hope, for Twitter, must be the promise to block sensitive tweets (or those the Chinese government deems offensive) without affecting the global audience. Twitter has rarely resorted to such censorship practices. However, the company does not seem unwilling to shy away from that responsibility.&lt;/p&gt;
&lt;p class="getfaceBook"&gt;"...if and when we are required to withhold a tweet in a specific country, we will attempt to let the user know, and we will clearly mark when the content has been withheld," the company's statement said.&lt;br /&gt;&lt;br /&gt;"The region-specific blocking was already being used on video hosting websites like &lt;a class="external-link" href="http://timesofindia.indiatimes.com/topic/YouTube"&gt;Youtube&lt;/a&gt; and Hulu, where due to the wishes of copyright owners many videos are not available in India. Twitter is extending this technology to its tweets," said Pranesh Prakash at the Centre for Internet and Society in Bangalore, India.&lt;/p&gt;
&lt;p class="getfaceBook"&gt;"We have to take care of the sensibilities of our people. Cultural ethos is very important to us," Kapil Sibal, the Indian Telecom Minister, said last month, during his request to both Google and &lt;a href="https://cis-india.org/news/www.ibtimes.co.uk/topics/detail/372/facebook/" class="external-link"&gt;Facebook&lt;/a&gt; to filter offensive content.&lt;/p&gt;
&lt;p class="getfaceBook"&gt;The trend of social networking Web sites resisting censorship seems a thing of the past. Prakash recalls an incident in 2011, when the U.S. government sought detailed information about a Twitter user, only to be challenged, by the Internet company, in court.&lt;/p&gt;
&lt;p class="getfaceBook"&gt;&lt;a class="external-link" href="http://www.ibtimes.co.uk/articles/289008/20120128/twitter-censorship-content-filtering-china-block-tweets.htm"&gt;Read the original published by International Business Times &lt;/a&gt;on 28 January 2012. Pranesh Prakash was quoted in it.&lt;/p&gt;

        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/twitter2019s-censorship-move-aimed-at-regaining-china'&gt;https://cis-india.org/news/twitter2019s-censorship-move-aimed-at-regaining-china&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Public Accountability</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2012-01-30T04:54:51Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/do-it-rules-indirectly-lead-to-censorship-of-internet">
    <title>Do IT Rules 2011 indirectly leads to Censorship of Internet</title>
    <link>https://cis-india.org/news/do-it-rules-indirectly-lead-to-censorship-of-internet</link>
    <description>
        &lt;b&gt;Pranesh Prakash along with Dr. Arvind Gupta, National Convener, BJP IT Cell and Ms.
Mishi Choudhary, Executive Director, SFLC participated in a panel discussion on censorship of the Internet on May 8, 2012. 
 &lt;/b&gt;
        
&lt;p&gt;The discussion was broadcast on Yuva iTV. See the video below:&lt;/p&gt;
&lt;h2&gt;Video&lt;/h2&gt;
&lt;p&gt;&lt;iframe src="http://www.youtube.com/embed/KRIJRhpW-Bc" frameborder="0" height="315" width="320"&gt;&lt;/iframe&gt;&lt;/p&gt;
&lt;p&gt;&lt;a class="external-link" href="http://www.youtube.com/watch?v=KRIJRhpW-Bc"&gt;Click for the video on YouTube&lt;/a&gt;&lt;/p&gt;

        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/do-it-rules-indirectly-lead-to-censorship-of-internet'&gt;https://cis-india.org/news/do-it-rules-indirectly-lead-to-censorship-of-internet&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>IT Act</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Video</dc:subject>
    
    
        <dc:subject>Intermediary Liability</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2012-05-31T09:00:41Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/www-livemint-com-chinmayi-arun-aug-20-2012-perils-of-hactivism">
    <title>The Perils of 'Hactivism'</title>
    <link>https://cis-india.org/internet-governance/www-livemint-com-chinmayi-arun-aug-20-2012-perils-of-hactivism</link>
    <description>
        &lt;b&gt;Civil disobedience includes accepting the penalty for breaking the law. Untraceable hackers are far removed from this ethic. &lt;/b&gt;
        &lt;hr /&gt;
&lt;p&gt;Chinmayi Arun's article was &lt;a class="external-link" href="http://www.livemint.com/2012/08/19212459/The-perils-of-8216hactivism.html?h=D"&gt;published&lt;/a&gt; in LiveMint on August 20, 2012.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;Earlier this year, India had an encounter with “Anonymous”, a diffuse alliance of what are commonly (and incorrectly) called hackers. In its much-publicized “Operation India”, Anonymous blocked public access to, hacked and defaced various websites in protest against the rising censorship of the Internet. This is a legitimate political cause. However, a movement cannot be judged purely by the legitimacy of its goals, and it is important to consider the legitimacy of the means used to achieve these goals.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Anonymous used distributed denial of service (DDoS) attacks to submerge, albeit temporarily, many websites. The DDoS attack bombards the target website with more user requests than it can bear, until it becomes unavailable to all others. Many compare this to picketing, and use the term “virtual sit-in” for it. The DDoS attack does not breach a website’s security, and is therefore not hacking (more correctly called “cracking”). In contrast, defacement of websites, deletion of data or leaking restricted data, entails hacking, which involves breaching a website’s security and is more analogous to breaking and entering physical premises. Anonymous has done this too in India—defacing some websites and leaking confidential data from others.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;There are a few crucial differences between picketing as civil disobedience, and the DDoS attack. One is that picketing requires many people to come together and sit in protest. One or two peace protesters cannot successfully block a road. Although there was a time when DDoS attacks also required a large number of people to bombard the target, they can now be achieved by one person with the technological skills to “fire” a large number of computers at the target website.Therefore, a DDoS attack no longer implies that a sizeable section of the public cares enough to be part of a virtual sit-in.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The second difference between DDoS attacks and civil disobedience lies in the “hacktivists” unwillingness to be accountable. Martin Luther King and Gandhi made it clear that civil disobedience includes accepting the penalty for breaking the law. Faceless untraceable hackers are far removed from this ethic. While it is true that they risk harsh reprisal if identified, the legitimacy and heroic aura of civil disobedience comes from the willingness to risk that reprisal.&lt;br /&gt;&lt;br /&gt;It may therefore be difficult to argue that even the DDoS attacks by Anonymous qualify as civil disobedience, which arguably is the most legitimate of the spectrum of options available to a political dissident. If political activists use varied and escalating tactics in the physical world, “hacktivists” use strategies ranging from DDoS to more intrusive defacement, disabling and leaking of data to draw attention to political causes. The legitimacy of these methods—the proportionality and justification of harm caused—can only be determined with reference to particular contexts. One has to evaluate the threat necessitating activism, innocent casualties of the activists’ actions and whether less harmful strategies have already been explored. This is difficult. For instance, the indirect repercussions of a DDoS attack or leaking data may not be apparent at first glance.&lt;br /&gt;&lt;br /&gt;Anonymous tried setting boundaries to avoid harming innocent citizens during Operation India. It declared that infrastructure websites such as the railway booking portal were not to be attacked, and it prevented disclosure of sensitive financial information when a cinema tickets database was hacked. These precautions, though laudable, are however not quite enough. The influential members of Anonymous cannot successfully identify every action that may cause public harm. For instance, when Anonymous attacked the Supreme Court of India and the Reserve Bank of India websites, it seemed ignorant of the potential impact on litigants and the economy. When it leaked confidential police records, it seemed unaware of the significant hazards of leaking people’s names, addresses and other private data. The precautions taken by Anonymous may vanish next time, since the loosely knit, ever-changing nature of Anonymous community means that power and influence can shift; splinter groups with fewer scruples can emerge. Anonymous cannot achieve the control and accountability possible in a more tangible organized group.&lt;br /&gt;&lt;br /&gt;This collective operates under disturbingly low levels of transparency and accountability, greatly exacerbated by its ability to veil itself in the shadows of the Internet. New recruits are sometimes endangered by misleading information about the legality and consequences of joining in DDoS attacks. Guerilla warfare is often used without properly exploring more peaceable means, thanks to the power and revenge mob-ethic by which Anonymous is driven. The use of technological arsenal to launch cyber-attacks ignores the likelihood of escalation— “hacktivists” tend to forget that technology is a neutral tool that governments can also use. The government may counter-attack, using its considerable resources to acquire the necessary technological capacity. Citizens may end up being the casualties of the exchange.&lt;br /&gt;&lt;br /&gt;Phase one of Operation India was riddled with moral ambiguity. If OpIndia participants wish to show the world that they are more than bored nerds playing at a social movement like it is a video game, with all the accompanying air-punching, adrenaline boosting, self-aggrandising thrills, they will ensure that phase two’s constructive and legitimate Right to Information campaign is a roaring success.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;i&gt;Chinmayi Arun is an assistant professor of law at National Law University, Delhi and a Fellow at the Centre for Internet and Society, Bangalore&lt;/i&gt;&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/www-livemint-com-chinmayi-arun-aug-20-2012-perils-of-hactivism'&gt;https://cis-india.org/internet-governance/www-livemint-com-chinmayi-arun-aug-20-2012-perils-of-hactivism&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Chinmayi Arun</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2012-08-20T09:58:55Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/the-times-of-india-jan-1-2015-kim-arora-government-blocks-32-websites-to-check-isis-propaganda">
    <title>Government blocks 32 websites to check ISIS propaganda</title>
    <link>https://cis-india.org/internet-governance/news/the-times-of-india-jan-1-2015-kim-arora-government-blocks-32-websites-to-check-isis-propaganda</link>
    <description>
        &lt;b&gt;The Centre has blocked 32 websites, including vimeo.com, dailymotion.com, pastebin.com and github.com, in an effort to curb ISIS propaganda, prompting a wave of online protests.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Kim Arora was &lt;a class="external-link" href="http://timesofindia.indiatimes.com/tech/tech-news/Government-blocks-32-websites-to-check-ISIS-propaganda/articleshow/45712815.cms"&gt;published in the Times of India&lt;/a&gt; on January 1, 2015. Pranesh Prakash gave his inputs.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;An Indian "hacktivist" group, Anonymous India, has threatened reprisal. By Wednesday evening, however, websites that had complied with the government order to remove objectionable content had been unblocked, sources said.&lt;br /&gt;&lt;br /&gt;A confidential department of telecom order, dated December 17, instructing all internet service licensees to block the websites appeared online on Wednesday. When contacted to verify the news, Dr Gulshan Rai, director of the Indian Computer Emergency Response Team (CERT-In), told TOI the directions had been issued to internet service providers following a Mumbai additional chief metropolitan magistrate's November order directing the government's Department of Electronics and Information Technology (DeitY) to implement the same.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;He added that Mumbai's Anti-Terrorism Squad (ATS) had approached the judiciary after interrogating Arif Majeed, a 23-year-old ISIS recruit from Kalyan. More recently, Bengaluru professional Mehdi Biswas was arrested for allegedly spreading ISIS propaganda on Twitter. "These websites were being used to invite youths to join ISIS. We had contacted the websites sometime back and asked for the removal of the objectionable content. At that time, our communications were ignored. Some of them have now agreed to work with the government. The websites that have complied are being unblocked," Rai told TOI.&lt;br /&gt;&lt;br /&gt;The move met with opposition from the online community. While the tech community opposed the Github ban, others were upset about video-sharing websites like dailymotion.com and vimeo.com being taken down. "By blocking vimeo and dailymotion along with other websites, India is walking in the footsteps of Pakistan," tweeted @baawraman.&lt;br /&gt;&lt;br /&gt;The list of websites in the DoT document was heavy on large text-sharing and collaboration websites, like Github and Pastebin, popular with coders and software developers. Many objected to the blocking of entire websites instead of specific URLs hosting problematic content. However, Rai explained that individual URLs could not be blocked because of the "high mobility of content" on the websites. "It can just be removed and pasted elsewhere. There are no checks and balances," he said.&lt;br /&gt;&lt;br /&gt;Hacktivist group Anonymous India tweeted, "One fine morning, Indian government decided to block sites like Github. Now now, it is time to wake-up. Government of India, Expect Us," a tweet from their handle @opindia_revenge said.&lt;br /&gt;&lt;br /&gt;As questions began to be raised on social networks, BJP IT cell head Arvind Gupta tweeted, "The websites that have been blocked were based on an advisory by the Anti-Terrorism Squad, and were carrying anti-India content from ISIS. The sites that have removed objectionable content and/or cooperated with the ongoing investigations, are being unblocked."&lt;br /&gt;&lt;br /&gt;The sustainability of counter-measures like blanket blocking to contain threats is being questioned. Prasanth Sugathan, counsel at Software Freedom and Law Center, said such a move is short-sighted. "If you block one website, terrorists can always use another one. Or they will move to using encrypted channels, peer-to-peer communication or even telephones. One can't block everything. In my opinion, such a move only inconveniences the daily users and doesn't solve the long-term purpose," said Sugathan. The sentiment was echoed by common Twitter users as well.&lt;br /&gt;&lt;br /&gt;Prime Minister Narendra Modi's tweet from August 2012 condemning blanket blocking of websites was pulled out for recirculation. "As a common man, I join the protest against crackdown on freedom of speech! Have changed my DP. 'Sabko Sanmati De Bhagwan.' #GOIBlocks," Modi had tweeted on August 24, 2012.&lt;br /&gt;&lt;br /&gt;Pranesh Prakash, policy director at Bengaluru-based Center for Internet and Society, questioned the lack of transparency around the practice of blocking websites under the Indian law. "Qn for govt: Why does the law require secrecy of web blocking orders when it doesn't allow such secrecy for books, films? #GoIBlocks," he tweeted, adding, "The 69A Rules don't allow for transparency, accountability, time-limits on blocks, etc. So easily misused by govt. + courts + individuals." The websites were blocked under section 69 A of the IT Act, 2000 and the IT (Procedure and sdafeguards for Blocking of Access of Information by Public) rules, 2009.&lt;br /&gt;&lt;br /&gt;Currently, the Supreme Court is in the middle of hearing a clutch of petitions challenging several IT Act provisions, including blocking and takedown of websites.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/the-times-of-india-jan-1-2015-kim-arora-government-blocks-32-websites-to-check-isis-propaganda'&gt;https://cis-india.org/internet-governance/news/the-times-of-india-jan-1-2015-kim-arora-government-blocks-32-websites-to-check-isis-propaganda&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Chilling Effect</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2015-01-02T13:37:39Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/economic-times-december-31-2014-jayadevan-neha-alawadhi-december-31-2014-govt-blocks-over-60-websites">
    <title>Government blocks over 60 websites including github &amp; sourceforge on anti-terror advisory</title>
    <link>https://cis-india.org/internet-governance/news/economic-times-december-31-2014-jayadevan-neha-alawadhi-december-31-2014-govt-blocks-over-60-websites</link>
    <description>
        &lt;b&gt;Over 60 websites and links, including popular online tools like Github and Sourceforge used by thousands of programmers have been blocked in India, triggering angry protests by Internet users.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by P.K. Jayadevan and Neha Alawadhi was &lt;a class="external-link" href="http://articles.economictimes.indiatimes.com/2014-12-31/news/57558537_1_websites-information-technology-various-internet-service-providers"&gt;published in the Economic Times&lt;/a&gt; on December 31, 2014. Pranesh Prakash gave his inputs.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;The websites were blocked for hosting content that is pro terrorist  group ISIS and not cooperating with government investigations, officials  said.&lt;/p&gt;
&lt;div class="mod-articletext mod-economictimesarticletext mod-economictimesarticletextwithadcpc" id="mod-a-body-after-first-para" style="text-align: justify; "&gt;
&lt;p&gt;&lt;a href="http://economictimes.indiatimes.com/topic/Arvind%20Gupta"&gt;Arvind Gupta&lt;/a&gt;,  the head of IT Cell, BJP Tweeted: "The websites that have been blocked  were based on an advisory by Anti Terrorism Squad, and were carrying  Anti India content from ISIS. The sites that have removed objectionable  content and/or cooperated with the on going investigations, are being  unblocked."&lt;/p&gt;
&lt;p&gt;Based on an order issued by the country's telecom  department, in a letter dated December 17 and a subsequent letter on  December 19, over 60 websites have been blocked by various internet  service providers in the country.&lt;/p&gt;
&lt;p&gt;While some internet service  providers are yet to block these websites, many users have been  reporting frequent outages in these web services over the last two  weeks.&lt;/p&gt;
&lt;p&gt;Websites like Pastebin don't host any content but are a platform for users to paste text. Popular video &lt;a href="http://economictimes.indiatimes.com/topic/networks"&gt;networks&lt;/a&gt; like &lt;a href="http://economictimes.indiatimes.com/topic/Vimeo"&gt;Vimeo&lt;/a&gt; and Dailymotion are among the websites that have been blocked.&lt;/p&gt;
&lt;p&gt;Officials from the department of Information Technology and the  department of telecom were not available for comment. "These are all  providing very dangerous kind of cut and paste services..You can take  code, cut it, paste it, remove it, delete it," said one government  official who requested anonymity.&lt;/p&gt;
&lt;p&gt;The government has invoked  section 69A of the Information technology Act (2000) and Information  Technology (Procedure and Safeguards for Blocking for Access of  Information by Public) Rules ("Blocking Rules") to ban these websites.&lt;/p&gt;
&lt;p&gt;Many websites have been blocked in India from time to time on various  grounds. In September, following the Muzaffarnagar riots, over 80  websites and links on social media were blocked.&lt;/p&gt;
&lt;p&gt;However, the  inclusion of services like Github and Sourceforge that host code for  open source software are causing much anger among the developer  community. "Sometimes they might need to block specific URLs, but  blocking the entire website is wrong or they haven't thought through  it," said Thejesh GN, the co-founder of &lt;a href="http://economictimes.indiatimes.com/topic/Datameet"&gt;Datameet&lt;/a&gt; and an open source developer.&lt;/p&gt;
&lt;p&gt;"There is also a lack of transparency where people don't get to know why their sites were blocked," he added.&lt;/p&gt;
&lt;p&gt;"We're aware of reports of connectivity issues in India. We're looking  into it, and will update with more information when we have it," a  Github spokesperson said.&lt;/p&gt;
&lt;p&gt;In June 2014, the &lt;a href="http://economictimes.indiatimes.com/topic/Delhi%20High%20Court"&gt;Delhi High Court&lt;/a&gt; ordered a block of 472 file sharing websites including &lt;a href="http://economictimes.indiatimes.com/topic/Google%20Docs"&gt;Google Docs&lt;/a&gt; and &lt;a href="http://economictimes.indiatimes.com/topic/Pirate%20Bay"&gt;Pirate Bay&lt;/a&gt; following a complaint filed by Sony Entertainment. The entertainment  company was hacked and contents from its servers were shared by hackers  on various file sharing websites. In earlier instances, many websites  have been blocked for copyright infringement as well.&lt;/p&gt;
&lt;p&gt;"Courts unfortunately are not exercising restraint and are indulging  ignorant copyright lawyers," said Pranesh Prakash, Policy Director at  the &lt;a href="http://economictimes.indiatimes.com/topic/Centre%20for%20Internet"&gt;Centre for Internet&lt;/a&gt; and Society. Prakash said that most of the sites on the list don't host  copyrighted material themselves and a case can not be made against  them.&lt;/p&gt;
&lt;/div&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/economic-times-december-31-2014-jayadevan-neha-alawadhi-december-31-2014-govt-blocks-over-60-websites'&gt;https://cis-india.org/internet-governance/news/economic-times-december-31-2014-jayadevan-neha-alawadhi-december-31-2014-govt-blocks-over-60-websites&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Social Media</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2015-01-02T14:22:58Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites">
    <title>Govt blocks 32 websites, including Vimeo and Github</title>
    <link>https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites</link>
    <description>
        &lt;b&gt;The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying anti-India content from ISIS.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Moulishree Srivastava was published in &lt;a class="external-link" href="http://www.livemint.com/Industry/drJ5ToWFEIyRNEAbn9OcGN/Govt-blocks-32-websites-including-Vimeo-and-Github.html"&gt;Livemint&lt;/a&gt; on December 31, 2014. Pranesh Prakash gave his inputs.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;The Indian government  has blocked access to 32 websites based on the advice of an  anti-terrorism team. The blocked URLs (uniform resource locator, an address to any website on  the Internet) include files, videos and source code-sharing websites  such as dailymotion.com, github.com, vimeo.com and archive.org.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In an order, tweeted by Pranesh Prakash, policy director at the  Bengaluru-based research organization Centre for Internet and Society on  Wednesday, the department of telecom said the 32 URLs had been blocked  under Section 69 of the Information Technology Act, 2000, and under  Information Technology (Procedure and Safeguards for Blocking for Access  of Information by Public) Rules, 2009. “The websites that have been blocked were based on an advisory by Anti  Terrorism Squad, and were carrying anti-India content from ISIS (Islamic  State of Iraq and Syria),” Arvind Gupta, head of the ruling Bharatiya  Janata Party’s information technology cell, said in a message on  Twitter.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;His tweet came in response to a backlash to the move from Internet  users. “The sites that have removed objectionable content and/or cooperated  with the ongoing investigations, are being unblocked,” he added. If Internet service providers (ISPs) don’t comply with the demand, they  are liable to being penalized, the order said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The rules give the central government powers to block access to  information if it is in the interest of the “sovereignty and integrity  of India, defence of India, security of the state, friendly relations  with foreign states or public order or for preventing incitement to the  commission of any cognizable offence relating to above.” Intermediaries failing to comply with the rules are punishable with  fines and prison terms of up to seven years, it notes. “Pastebin is still blocked in India.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;We are getting many reports about  this. The Indian government has blocked us...,” said one of the source  code sharing websites, Pastebin.com, in a tweet. This is not the first time the government has cracked down on websites. A  recent report by Freedom House, an independent watchdog, said the  information ministry received a total of 130 court orders to block Web  content between February 2009 and December 2013.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In February 2014, the then minister of communication and information  technology told Parliament that 62 URLs were blocked in 2013 under  Section 69A for hosting objectionable information with the potential to  disturb public order. As many as 82 URLs were blocked on 18 September 2013 in addition to 26  blocked a week earlier after violence escalated between Hindu and Muslim  communities in Muzaffarnagar district of Uttar Pradesh. A total of 362  URLs were blocked in response to communal violence in the northeast, the  report said. “The problem isn’t just about the specific sites that are blocked; the  prob(lem) always about the bad law...,” tweeted Prakash. “The 69A rules  don’t allow for transparency, accountability, time-limits on blocks,  etc. So easily misused by govt. + courts + individuals.”&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites'&gt;https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Social Media</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    

   <dc:date>2015-01-02T16:09:24Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/bbc-january-2-2015-india-jihadi-web-blocking-causes-anger">
    <title>India 'jihadi' web blocking causes anger</title>
    <link>https://cis-india.org/internet-governance/news/bbc-january-2-2015-india-jihadi-web-blocking-causes-anger</link>
    <description>
        &lt;b&gt;A government block on more than 30 high-profile websites has caused anger across India.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The story was &lt;a class="external-link" href="http://www.bbc.com/news/technology-30656298"&gt;published in BBC&lt;/a&gt; on January 2, 2015. It was also &lt;a class="external-link" href="http://thepuffington.com/anger-at-india-website-blocking/"&gt;mirrored in the Puffington Post&lt;/a&gt; the same day. Pranesh Prakash is quoted.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;India's Department of Telecoms ordered the blocking of the sites in order to prevent the publicising of "jihadi activities".&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;After considerable pressure, four of the sites - Weebly, Vimeo, Daily Motion and Github - were unblocked.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Officials said the other sites would have their blocks lifted if they complied with the "law of the land".&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Indian Ministry for Communication and Information  Technology said in a statement: "It was stated that Anti National group  are using social media for mentoring Indian youths to join the Jihadi  activities."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;It went on to say that the primary concern was that users  posting material on the sites did not require any authentication, and  that identities could be hidden.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The four websites that have been unblocked were said to have  worked with the Indian government to address concerns - although it is  unclear what changes, if any, have been made.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Some users were reporting that they were still unable to reach the apparently unblocked sites.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Pranesh Prakash, from the India-based Centre for Internet and  Society, said: "Any intelligent person can see these sites don't incite  terrorism."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span class="cross-head"&gt;'Many complaints'&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Ahead of the ban lifting, a Vimeo spokeswoman said: "It is  Vimeo's longstanding policy not to allow videos that promote terrorism,  and we remove such videos whenever we become aware of them.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;img src="https://cis-india.org/home-images/blocked.png" alt="blocked" class="image-inline" title="blocked" /&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"We have not received notice from the Indian government concerning  such videos and have contacted them requesting the blocking order to  identify, and evaluate the video in question."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Many internet users in the country are angry that other sites  remain blocked, in particular Pastebin - a site used for "dumping" text  online anonymously - and The Internet Archive, a US organisation that  offers a database of old websites.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;a href="https://twitter.com/internetarchive/status/550202081349353472"&gt;The Internet Archive said on Twitter&lt;/a&gt; that it had received "many complaints" from users who were unable to access the service.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;India has a history of sporadically blocking websites, or issuing warnings about online content.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In August 2012, &lt;a href="http://m.bbc.co.uk/news/technology-19343887"&gt;245 sites were blocked by the government&lt;/a&gt; in an attempt, it said, to quell violence.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/bbc-january-2-2015-india-jihadi-web-blocking-causes-anger'&gt;https://cis-india.org/internet-governance/news/bbc-january-2-2015-india-jihadi-web-blocking-causes-anger&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Social Media</dc:subject>
    
    
        <dc:subject>Censorship</dc:subject>
    
    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Chilling Effect</dc:subject>
    
    
        <dc:subject>Press Freedoms</dc:subject>
    

   <dc:date>2015-01-03T02:48:48Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>




</rdf:RDF>
